Terms and Conditions of Use*******************************************************/>
Terms and Conditions of Use: All use of this website is subject to the terms and conditions of service (the "Terms") of Harvestor Investments ("Harvestor,” “Us,” or the "Company"). By accessing and using any portion of this website or any service on this website (collectively, the "Service" and including any individual associated with the Service or any affiliate), you represent that you have read, understood and agree to be bound by the Terms. These Terms represent a binding contract between you and Harvestor. No portion of this site (including, but not limited to, images, text, graphics, charts, reports, or design elements) may be reproduced or repurposed in any manner without written consent of Harvestor Investments. If you do not agree with any of the Terms, please discontinue your use of the Service.
Intellectual Property: The Service, including, but not limited to, text, content, photographs, video, audio and graphics, is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns, and other elements making up the Service are also copyrighted works.
Restrictions on Use: You may not use the Service for any illegal purpose or in any manner inconsistent with the Terms. You agree to use the Service solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the Service in any manner that could compete with Harvestor's business. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by Harvestor and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Harvestor and such others.
You may not copy, reproduce, recompile, decompile, reverse engineer, distribute, publish, display, modify, transmit, or in any way exploit any part of the Service, except that you may download or make one print copy of the content included in the Service for your own personal, non-commercial use, provided that all copyright and other proprietary notices are retained. The analysis and data included in the Service may not be recirculated, redistributed or published without prior written consent from Harvestor. Modification of the Service's content is a violation of Harvestor's copyright. No part of this service may be offered for sale or distributed. You hereby agree to abide by all additional copyright notices or restrictions contained in the Service.
Rights Reserved: All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and Harvestor, at all times be and remain the sole and exclusive property of Harvestor. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Harvestor for Harvestor's exclusive use. Except as specifically permitted by the Terms, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the trademarks, trade names, service marks, trade dress, logos or titles of Harvestor or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without Harvestor's prior written approval. Harvestor actively protects the Intellectual Property Rights to the fullest extent permitted by the law.
License: You acquire absolutely no rights or licenses in or to the Service and materials contained therein other than the limited right to utilize the Service in accordance with the Terms. Should you choose to download content from the Service, you must do so in accordance with the Terms. Such download is licensed to you by Harvestor only for your own personal, noncommercial use in accordance with the Terms and does not transfer any other rights to you.
No Warranties: You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained therein, including, but not limited to, content, services, goods or advertisements, are provided "AS IS," and that Harvestor and its affiliates, management, directors, officers, employees and agents make no representation or warranty of any kind, express or implied, as to the Service or anything contained therein, including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use. Reliance on the Service or anything contained therein is at your own risk. Harvestor and its affiliates, management, directors, officers, employees and agents also make no representation or warranty of any kind, express or implied, as to the accuracy, reliability, completeness or timeliness of the content, services, products, text, graphics, links or other items contained in the Service or the results obtained from accessing and using the Service. Harvestor and its affiliates, management, directors, officers, employees and agents further do not represent or warrant that the Service will function adequately, that defects to the Service will be corrected or that the Service will be free from viruses. You assume all costs of repair to your computer for any damage from accessing the Service.
Limitation of Liability: UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL HARVESTOR, ITS AFFILIATES, ITS MANAGEMENT, ITS DIRECTORS, ITS OFFICERS, ITS EMPLOYEES, ITS SUPPLIERS AND ANY THIRD PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER OR NOT FORESEEABLE AND EVEN IF ONE OF HARVESTOR'S AUTHORIZED REPRESENTATIVES HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM YOUR USE OF, RELIANCE ON OR INABILITY TO USE THE SERVICE, SUCH POSSIBLE LOSSES TO INCLUDE, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS.
Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Harvestor's, its affiliates', its management's, its directors', its officer's, its employees', its suppliers' or any third party agents' liability to you for all damages, losses and causes of action (whether in contract or tort, including, but not limited to, negligence) exceed the amount paid by you, if any, for accessing the Service.
Indemnification: As a condition to the use of the Service, you agree, at your own expense, to indemnify, defend, and hold harmless Harvestor and Harvestor's affiliates, management, directors, officers, employees, representatives, suppliers and agents, against any claim, suit, action or other proceeding brought against Harvestor or its affiliates, management, directors, officers, employees, representatives, suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Harvestor or its affiliates, management, directors, officers, employees, representatives, suppliers and agents is based on or arises in connection with the Service, including but not limited to your use or someone using your computer's use of the Service; a violation of the Terms by you or anyone using your computer; a claim that any use of the Service by you or someone using your computer infringes any intellectual property right of any third party or any right of personality or publicity, is libelous or defamatory or otherwise results in injury or damage to any third party; any deletions, additions, insertions, or alterations to, or any unauthorized use of the Service by you or someone using your computer; any misrepresentation or breach of representation or warranty made by you contained herein; or any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
Registration: In order to create an account with Harvestor you must select a screen name and password and provide Harvestor with accurate, complete and updated information. Failure to be truthful in providing such information constitutes a breach of the Terms, which may result in the termination of your access to Harvestor or Harvestor’s Service.
Amendment of Terms: Harvestor reserves the right to amend the Terms at its discretion and any such amendment to the Terms will become effective immediately upon posting. Your use of the Service any time following any amendments to the Terms constitutes acceptance of such changes.
Termination: Harvestor has the right to immediately terminate the Terms in the event of any breach of the Terms by you. Harvestor may discontinue or change this website, or make this website no longer available to you, at any time and for any reason.
Governing Law: The Terms shall be governed and construed in accordance with the laws of the United States and the State of California, without giving effect to conflicts of law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Los Angeles County, California with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the Terms.
Foreign Jurisdictions: Harvestor and its affiliates, management, directors, officers and employees do not represent that materials in the Service are appropriate or available for use in countries outside the United States. If you choose to access the Service from outside the United States, you are responsible for compliance with foreign and local laws.
Amendment to Service: You accept that Harvestor has the right to change the content or functionality of any aspect of the Service at any time at its sole discretion.
Assignment: The Terms shall inure to the benefit of and shall be binding upon you and Harvestor and your and its respective heirs, executors, personal representatives, successors and permitted assigns. Harvestor may assign the Terms and any benefits granted hereunder without the prior consent of you. You may not assign your rights or obligations to any other person or entity without Harvestor's prior written approval.
Non-Waiver: The failure of Harvestor to insist upon strict compliance by you with any provision of the Terms shall not waive Harvestor's future rights to enforce such provision.
Severability of Terms: If any provision of the Terms is found invalid or unenforceable under applicable law, the other provisions of this Agreement will remain in full force and effect.
Agreement in entirety: The Terms constitute the entire agreement between you and Harvestor and supersedes all prior or contemporaneous proposals, agreements, representations and understandings, whether written or oral, with respect to the subject matter hereof.
The Service includes various reports, analyses, opinions, charts and other information regarding investments, economic developments and general business conditions (collectively, the "Reports").
The Reports are not intended to and do not provide individualized advice or recommendations for any particular individual's investment portfolio and nothing contained therein should be construed as the provision of such advice. Harvestor is not an investment advisor, and as such, does not provide investment advice. The Reports are presented for general information purposes only, and the Reports do not take into account any particular individual's financial situation or investment objectives. You should not contact any of the authors or creators of the Reports (the "Authors"), or any other individual associated with the Service, to discuss any of your personal investments, as no such individual is authorized to engage in such a discussion.
You should make an individual decision whether to follow any recommendation contained in the Reports. Such a decision should be based upon your own evaluation of all available information, including your personal financial situation and investment objectives, and other important information pertaining to the assets in which you might invest and all other relevant considerations. These considerations may include, but should not be limited to, any recommendations contained in the Reports. You solely are responsible for any action that you take based on information contained in the Reports.
Investing involves substantial risk. Harvestor makes no guarantee or other promise as to any results that may be obtained from your use of information contained in the Reports. Past performance of investments should not be considered indicative of future performance. If you decide to invest based on any recommendations contained in the Reports, you should know that you may sustain a total loss of the value of your investment and of all transaction costs. You should, therefore, carefully consider whether such trading is suitable for you in light of your financial condition. The Reports cannot disclose all of the risks involved in making investments. You should, therefore, carefully and independently consider the risks in making any investment, consulting with your personal financial advisor to the extent you believe necessary.
The information provided in the Reports is obtained from sources which the Authors and Harvestor generally believe to be reliable. However, the Authors and Harvestor have not independently verified or otherwise investigated all such sources of information. Harvestor does not represent, warrant or guarantee, either explicitly or implicitly, the accuracy or completeness of any information provided in the Reports. Harvestor is not responsible for any errors or omissions in any Report, regardless of whether they occurred due to the fault of Harvestor.
The Reports' commentary, analysis, opinions, advice and recommendations represent the personal and subjective views and opinions of the applicable Authors, which are subject to change at any time without notice. Harvestor is under no obligation to update or correct any Reports previously provided to you. The views and opinions of the Authors are their personal opinions and do not reflect the opinions of Harvestor or its affiliates, management, staff, directors and officers.
Harvestor and Harvestor's affiliates, management, directors, officers and employees will not be liable for any direct, indirect, incidental, consequential, special, punitive or exemplary damages, whether or not foreseeable, if any information, commentary, analysis, opinions, advice and/or recommendations in the Reports proves to be inaccurate, incomplete or unreliable or in the event that you experience investment losses or damages arising out of any decision made by you or action taking by you in at least partial reliance on the information, commentary, analysis, opinions, advice and/or recommendations contained in the Reports, whether such investment losses or damages are caused in whole or in part by the negligence of any party associated or affiliated with Harvestor or Harvestor's affiliates, management, directors, officers and employees.
Harvestor and Harvestor's affiliates, management, directors, officers and employees will not be liable for any direct, indirect, incidental, consequential, special, punitive or exemplary damages, whether or not foreseeable, for (i) any general or specific decline in the market value of any assets; (ii) your inability to use or any delay in accessing the Service or any other sources of materials provided by the Service; (iii) any absence of material on the Service; (iv) the Service's failure to deliver or delay in delivering any materials; (v) any kind of error by the Service in transmission of materials; or (vi) your use of any research to invest in any way which may be deemed unsuitable in accordance with certain industry standards. You acknowledge that, without limitation, the above-enumerated conditions cannot be the probable cause of any breach of the Terms by Harvestor.
Some investment returns discussed by the Service are based on back testing or historical regression. As such, they are hypothetical results. Back tested and historical regression performance results have many inherent limitations, some of which are described below. No representation is being made that any investment (bullion product, precious metal, or certified coin) will or is likely to achieve profits or losses similar to those shown. In fact, there are frequently sharp differences between back tested or historical regression investment performance results and the actual results subsequently achieved by any investment. Hypothetical investing activities do not involve financial risk, and no hypothetical investment track record can completely account for the impact of financial risk in the actual purchase of bullion, precious metals, or certified coins. For example, the ability to withstand losses or to stick to a particular investment strategy in spite of trading losses are material points which can adversely affect actual investment results. There are numerous other factors related to markets in general or to the implementation of any specific investment strategy which cannot be fully accounted for in the preparation of hypothetical investment performance results and all of which can adversely affect actual investment results.
ACKNOWLEDGEMENT AND AGREEMENT
Not withstanding any other agreement or other communications between Harvestor and you to the contrary, receipt or use of any material provided by Harvestor, at any time and through any means, whether directly or indirectly, represents acknowledgement and agreement by you that such materials shall be subject to all disclaimers contained herein.