Terms and Conditions

DISCLAIMERS:

 


This Site is designed for experienced investors who are aware of the risk in securities investments and market forecasting.  The analysis and reports contained on this Site are based on technical analysis and any recommendations represent the opinion of Fredco Holdings, Inc. (the “publisher”).  The material in the reports is general information intended for recipients who understand the risks associated with investment. It does not take into account whether an investment, course of action, or associated risks are suitable for each person. Additionally, past performance does not imply or guarantee profitable results in the future and a loss of original capital may occur. 

 

Research and reports on this Site do not purport to be comprehensive or to contain all the information which a prospective investor may need in order to make an investment decision. The information is based on publicly available information and sources, which the publisher believes to be reliable, but does not represent to be accurate or complete, and it should not be relied on as such. The publisher may update any research report as it determines appropriate, in its sole discretion. Each reader of the research herein or any report must make his or her own investigation and assessment of the information presented. No representation, warranty or undertaking, express or implied, is or will be made or given and no responsibility or liability is or will be accepted by Fredco Holdings, Inc. or by any of its employees, officers, directors, principals, agents, advisers or affiliates, in relation to the accuracy or completeness of the reports or any written or oral information made available in connection with the information presented herein. Any responsibility or liability for any such information is expressly disclaimed. Any person or entity who does rely on any information contained on this Site does so at his/her own risk and by doing so  assumes all liability for any such loss, harm or other detriment.  

 

Employees, officers, directors, principals, agents, advisers or affiliates of Fredco Holdings, Inc. may at times have positions in the securities referred to on this Site and may make purchases or sales of these securities provided however that no buying or selling activity will take place by such parties with respect to a security referenced in a report within three days of such report’s publication.  An advisor/client relationship is not created by the distribution or delivery of the reports.



 

TERMS AND CONDITIONS:

 

(Effective Date: 01/15/10)

WEBSITE USER AGREEMENT This Agreement sets out the terms and conditions relating to the online content provided free of charge and content  provided for a fee  (“Free and Paid-for Content”) that Fredco Holdings, Inc. (“the Siteowner”) will provide to you (“the User”).

 

By accessing www.thefredreport.com (“the Site”), the User is agreeing to the terms and conditions below. If the User uses the Site  on behalf of a business entity, such as a corporation, the User is also agreeing to these terms and conditions on behalf of that business entity. If the User does not agree with the terms and conditions (or the User is not authorized to do so) the User should not use the Site.The Siteowner may change this Agreement at any time and the User can read a current copy of this Agreement at any time by selecting the "Terms and Conditions" link on the Site. If any change is not acceptable, User must discontinue use of the Site immediately. Using the Site after the date that this Agreement changes means an acceptance of the changes by the User.

 

Services and Fees

 

The Siteowner shall provide Free and Paid-for Content. This includes but is not limited to various market reports, idea generation, and access to conference calls. The Siteowner reserves the right to vary the Free and Paid-for Content and does not guarantee that the content provided free of charge (“Free Content”) will remain free of charge and does not guarantee that the content provided subject to payment (“Paid-for Content”) will remain a paid-for service.

 

The User shall agree to pay any subscription fees (“Fees”) at rates in effect when the charges are incurred. The User must provide the Siteowner with complete and accurate payment information, using a credit or debit card or by setting up a standing order. By submitting credit or debit card details to the Siteowner, the User warrants that they are entitled to purchase the Paid-for Content using those payment details. In the event of an unauthorized payment, the Siteowner reserves the right to suspend or terminate the User’s access to the Site and Paid-for Content. If no payment authorization is received or payment authorization is subsequently cancelled, the Siteowner may immediately terminate or suspend access to any Paid-for Content and/or the Site. The Siteowner will try to process the User’s request for any Paid-for Content promptly but does not guarantee that the Paid-for Content will be available to the User by any specified time. A contract with the User for a Paid-for Content will come into effect when the Username and Password are issued to the User. The User having paid the Fee for a subscription for the supply of Paid-for Content for a defined period the User will have no right of cancellation for the supply of the Paid-for Content other than the right to cancel the subscription for Paid-for Content. This does not affect the User’s statutory rights. Registration, Passwords and Privacy The use of the Site signifies the User’s consent to the Siteowner collecting and using personal information about the User in accordance with the Siteowner’s Privacy Policy. The User can read the Privacy Policy here. The User does not have to register to use the Site in order to access it and enjoy the content other than the Paid-for Content, subject to the Siteowner’s Privacy Policy. If the User wishes to access the Paid-for Content the User will be asked to provide the Siteowner with accurate, complete registration information, including contact details, and it is the User’s responsibility to update and maintain this information. The Siteowner is entitled to rely on this information to provide Paid-for Content. The User will also be requested to create a Password in a format specified by the Siteowner (“the Password”). The User shall not disclose the Password to any other person or entity and shall ensure that the Password remains confidential at all times. In the event that the User knows or has a reasonable suspicion that a third party knows the User’s Password, the User shall notify the Siteowner immediately by contacting the Siteowner at marketing@thefredreport.com. If the Siteowner has reasonable grounds for believing that the User has misused or is misusing the Password, the Siteowner may require the User to change the Password or may suspend the User’s use of the access to the Site, including Paid-for Content, until such time as the Siteowner is satisfied that the security of the Site is no longer compromised by the User’s activities.

 

Limitations on Use of the Site

 

All content and services provided by the Siteowner belongs to the Siteowner or is licensed to the Siteowner by licensors, including but not limited to, SubHub Limited. The Siteowner or its licensors, including but not limited to SubHub Limited, own all the intellectual property rights in the content and services. The content and services provided are solely for the personal use of the User and the User shall not sublicense, distribute, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter any content or service provided under this Agreement. The User shall not carry out any act or omission or permit any act or omission to take place that infringes or is likely to infringe any intellectual property rights owned or used by the Siteowner or its licensors, including but not limited to SubHub Limited, or otherwise relating to the Site.

 

Anti-hacking Provision

 

The User may not, nor allow others to, directly or indirectly: (a) attempt to or actually disrupt, impair or interfere with, alter or modify the Site or any of the content on the Site; or (b) collect or attempt to collect any information of others, including passwords, account or other information.

 

Limitation of Liability

 

The User expressly agrees that the use of, and browsing of the Site is at the User’s own risk. Neither the Siteowner nor any other party involved in creating, producing or delivering the Site, including but not limited to SubHub Limited, is liable for any direct, incidental, special, consequential, indirect or punitive damages arising out of the User’s access to, or use of, or inability to use the Site or any linked site or for the cost of procurement of substitute goods or services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Site or resulting from any unauthorized access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if the Siteowner has been advised of the possibility of such damages. The User expressly agrees that the downloading of any material from the Site is at the User’s own risk. Neither the Siteowner nor any other party involved in creating, producing or delivering the Site, including but not limited to SubHub Limited, is liable for any direct, incidental, special, consequential, indirect or punitive damages resulting from the User downloading material from the Site or any linked site, including but not limited to, damages for loss of profits, use, data or other intangible property including legal costs and expenses, even if the Siteowner has been advised of the possibility of such damages.

 

Without limiting the foregoing, everything on the Site is provided to the User “as is” and “as available” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to every User. The User must check their local laws for any restrictions or limitations regarding the exclusion of implied warranties. While the Siteowner will use reasonable efforts to include accurate and up to date information on the Site, the Siteowner makes no warranties or representations as to its accuracy or completeness. Information on this Site may contain technical inaccuracies or typographical errors. The Siteowner is not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that the information does not constitute any form of advice, recommendation or arrangement by the Siteowner or its affiliates or any other party involved in the Site and is not intended to be relied upon by Users in making (or refraining from making) any decisions based on such information. The User must make their own decisions on whether or not to rely on any information posted on the Site. The Siteowner reserves the right to modify information displayed on this Site but it does not make any commitment to update the information displayed on this Site. No party [other than the Siteowner] who is involved in the workings of the Site, including but not limited to SubHub Limited, will at any time be liable or responsible in any way for the content, including Paid-for Content, and information provided on or via the Site and for the User’s use of the Site. If you are dissatisfied with the Site or the goods and services offered on the Site, or with this Website User Agreement, your sole and exclusive remedy is to stop using the Site and the goods or services. The Siteowner will not pay you any damages.

 

Third Party Sites

 

From time to time the Siteowner will make available to the User links from the site to third party sites. These sites are not in any way approved, checked, edited, vetted or endorsed by the Siteowner and the User agrees that the Siteowner shall not be responsible or liable in any way for the content, advertising or products available from such sites, the quality, functionality, suitability or legality of such sites or for any dealings that the User may have, or the consequences of such dealings, with such third party site operators. Any arrangements made between the User and any third party named on the Siteowner’s Site are at the User’s sole risk and responsibility and the Siteowner expressly disclaims any liability for third party information or opinions posted on this Site or any linked Sites that arises under criminal or civil laws relating to defamation, intellectual property, infringement, privacy, obscenity, or any other area of law.

 

Indemnity

 

The User agrees to indemnify, keep indemnified, defend and hold the Siteowner and its parent companies, subsidiaries, affiliates and their respective officers, directors, employees, owners, agents, information providers and licensors, including but not limited to SubHub Limited, (collectively the “Indemnified Parties”) harmless from and against any and all claims, damages, liability, losses, costs and expenses (including legal fees) (whether or not foreseeable or avoidable) incurred or suffered by any Indemnified Party and any claims or legal proceedings which are brought or threatened arising from the User’s use of, connection with or conduct on the Site or any breach by the User of these terms. The Siteowner and SubHub Limited reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, and in such case, the User agrees to cooperate with the defense of such claim.

 

Consequences of Breach

 

In the event that the Siteowner or SubHub Limited considers or determines, in their sole and complete discretion, that the User has breached, violated or contravened the Agreement or has otherwise demonstrated inappropriate conduct in the use of the Site or the content or services they reserve the absolute right to: (a) warn the User that they have violated the Agreement and ask the User to discontinue such conduct; (b) discontinue the User’s membership of the site and/or any other related services, including Paid-for Content; and (c) take measures (including terminating, suspending or restricting the User’s use of the Site) to prevent the User from using the Site or linking to the Site.

 

Governing Law

 

The laws of the State of Georgia govern this Agreement and the User’s use of the Site. The User agrees to comply with all laws, regulations, obligations and restrictions, which apply to the User. The User agrees that the courts located in Georgia have exclusive jurisdiction for any claim, action or dispute under this Agreement. The User also agrees and expressly consents to the exercise of personal jurisdiction in the State of Georgia. No failure or delay in enforcing any right shall be a waiver of that or any other right. If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected. This Agreement supersedes all prior agreements, arrangements and undertakings and constitutes the entire agreement relating to the subject matter of this Agreement. The User confirms that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.

 

Copyright

 

Unless specifically stated in conjunction with particular content, all content is copyrighted by the Siteowner. The User has no rights in or to the content on this Site and  may not use any content other than as permitted under this Agreement.

 

Trademark

 

 

All trade names, trademarks, service marks and other product and service names and logos on the Site are the proprietary trademarks of their respective owners and are protected by applicable trademark and copyright laws. The User shall not remove or replicate any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the content or services.

 

If the User has any questions they should contact the Siteowner at marketing@thefredreport.com.

 

 

 

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