Welcome to the 1221 Capital.com owned by 1221 Capital, LLC, a Massachusetts limited liability company, (hereinafter the “COMPANY” or “we”). The goal of COMPANY is to provide commodity and financial futures investment programs. The information contained on the Website www.1221capital.com is for informational and referral purposes only.
A. 1221 Capital.com reserves the right to update the TOU at any time without notice to User.
B. The right to use 1221 Capital.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
C. COMPANY shall have the right at any time to change or discontinue any aspect or feature of 1221 Capital.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of 1221 Capital.com and all charges related thereto.
A. User shall use 1221 Capital.com for lawful purposes only. User shall not post or transmit through 1221 Capital.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without COMPANY’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by User that in COMPANY’s discretion restricts or inhibits any other User from using or enjoying 1221 Capital.com will not be permitted. User shall not use 1221 Capital.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with COMPANY.
B. 1221 Capital.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of 1221 Capital.com are copyrighted as a collective work under the United States copyright laws. COMPANY owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of COMPANY and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on 1221 Capital.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of 1221 Capital.com, User automatically grants, or warrants that the owner of such material has expressly granted COMPANY the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store, or reproduce the material for that User’s personal use. User hereby grants COMPANY the right to edit, copy, publish and distribute any material made available on 1221 Capital.com by User.
D. The foregoing provisions of Section 5 are for the benefit of COMPANY, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
A. The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
B. COMPANY has no obligation to monitor the Communication Services. However, COMPANY reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. COMPANY reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. COMPANY reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in COMPANY sole discretion.
C. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
D. Always use caution when giving out any personally identifiable information in any Communication Services. COMPANY does not control or endorse the content, messages or information found in any Communication Services and, therefore, COMPANY specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized COMPANY spokespersons, and their views do not necessarily reflect those of COMPANY.
If any of the Services requires User to open an account, User must complete the registration process by providing COMPANY with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify COMPANY immediately of any unauthorized use of User’s account or any other breach of security. COMPANY will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by COMPANY or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
A. Any software that is made available to download from the Services (“Software”) is the copyrighted work of COMPANY and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
B. The License Agreement is based upon one domain name use. Domains need to be fully owned by the User. Users can buy as many licenses as they need for as many domains that the User owns.
C. The Software is made available for download solely for use or personal use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. The Software is made available for download solely for use or personal use by end users according to the License Agreement. Violators will have their licenses revoked if they do not follow these terms and will be prosecuted to the maximum extent possible.
D. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
E. FOR YOUR CONVENIENCE, COMPANY MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. COMPANY DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
The use of any documents, press releases, or any other information from the website is for informational and non-commercial or personal use only and will not be posted on any network computer or broadcast in any media form. User agrees that any such information is strictly informational and shall not be considered investment advice.
COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL COMPANY AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL COMPANY AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
When accessing the Website or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services and the Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Materials you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Materials do not violate any laws or third party rights rests solely with you.
A. USER EXPRESSLY AGREES THAT USE OF 1221 CAPITAL.COM IS AT USER’S SOLE RISK. NEITHER COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT 1221 CAPITAL.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF 1221 CAPITAL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH 1221 CAPITAL.COM.
B. 1221 CAPITAL.COM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT SHALL COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING 1221 CAPITAL.COM OR THE COMPANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE 1221 CAPITAL.COM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER COMPANY NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN 1221 CAPITAL.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF A TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. COMPANY, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER COMPANY NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
G. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
A. THE LINKS IN THIS AREA WILL LET YOU LEAVE COMPANY’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF COMPANY AND COMPANY IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. COMPANY IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. COMPANY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY COMPANY OF THE SITE.
B. COMPANY is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, COMPANY has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of 1221 Capital.com, are those of the respective author(s) or distributor(s) and not of COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
C. In many instances, the content available through 1221 Capital.com represents the opinions and judgments of the respective information provider, User, or other user not under contract with COMPANY. COMPANY neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on 1221 Capital.com by anyone other than authorized COMPANY employee spokespersons while acting in their official capacities. Under no circumstances will COMPANY be liable for any loss or damage caused by a User’s reliance on information obtained through 1221 Capital.com. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through COMPANY. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
COMPANY OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN COMPANY’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO COMPANY. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO COMPANY OR ANYONE AT COMPANY. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT COMPANY MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
COMPANY shall have the right, but not the obligation, to monitor the content of 1221 Capital.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by COMPANY and to satisfy any law, regulation or authorized government request. COMPANY shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on 1221 Capital.com. Without limiting the foregoing, COMPANY shall have the right to remove any material that COMPANY, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless COMPANY, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of COMPANY by User or User’s Account.
Either COMPANY, 1221 Capital.com or User may terminate this Agreement at any time. Without limiting the foregoing, COMPANY shall have the right to immediately terminate User’s Account in the event of any conduct by User which COMPANY , in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
Each party to this Agreement expressly agrees that all disputes, claims or controversies that exist or may come to exist between them including, without limitation, all disputes, claims or controversies that exist or may arise out of, under or in connection with this Agreement, first to binding arbitration located in Suffolk County, State of Massachusetts in accordance with the Commercial Arbitration Procedures of the American Arbitration Association. The parties agree that judgment upon the arbitration award will be final, binding and conclusive upon each party and may be entered into any court having jurisdiction. In the case of action under this Section, the prevailing party shall be entitled to recover its costs of the proceeding, including reasonable attorneys’ fees and out of pocket expenses.
The section headings used herein are for convenience only and shall not be given any legal importance.
All contents of Website or Services are: © 2013 COMPANY. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
Nothing contained on the Website should be understood as granting you a license to use any of the trademarks, service marks, logos and the like owned by COMPANY or by any third party.
Any notices to COMPANY shall be given by certified mail, return receipt requested, to COMPANY, address PO BOX 1012, Winchester, MA 01890, United States. Any notice to Users shall be sent by email to the email address provided by the User. Email notices to a User shall be deemed delivered twenty-four (24) hours from the time the email is sent. Notices to COMPANY shall be deemed delivered five (5) calendar days after sent by certified mail.
COMPANY has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website or with the Services. COMPANY has adopted a policy that provides for the immediate suspension and/or termination of any Website or Services user who is found to have infringed on the rights of COMPANY or of a third party, or otherwise violated any intellectual property laws or regulations. COMPANY’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want COMPANY to delete, edit, or disable the material in question, you must provide COMPANY with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit COMPANY to locate the material; (d) information reasonably sufficient to permit COMPANY to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective you must provide it to the COMPANY’S Copyright Infringement Unit, by certified mail, return receipt, to the following address PO BOX 1012, Winchester, MA 01890, United States.
You and COMPANY expressly agree that each is an independent contractor of the other. Neither party is an agent, representative, broker, employee, partner or joint venturer of the other party. This Agreement shall not be interpreted or construed to create an association, joint venture, agency, franchise or partnership between the parties or to impose any partnership obligation or liability upon either party
Any rights not expressly granted herein are reserved.
The risk of loss is present in all investments, including Managed Futures. Our goal is to manage this risk by implementing proper money management techniques. Futures and options trading involves substantial risk of loss, therefore only risk funds should be used in such trading. Futures and options trading may not be suitable for all investors and investors should carefully consider their financial condition in deciding whether to trade or not to trade. Certain presentations make reference to several indices but only CTAs submitting their performance to these indices are included in that particular index. The performance of the index itself and the actual rates of return for an individual program may significantly differ and be more volatile than that particular index. Indexes themselves are not investable. Studies conducted of Managed Futures as a whole may not be indicative of the performance of any individual CTA. While Managed Futures can help enhance returns and reduce risk, they can also do just the opposite and in fact result in further losses in a portfolio. Past performance is not necessarily indicative of future performance.