By using the Services in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
1. MicroCapGuru.com performs information and data collection; performs financial analysis, modeling, and valuation; and then publishes a financial newsletter.
MicroCapGuru.com is a financial information publishing firm and falls within the publisher’s exemption of the definition of an “investment advisor” and is of general and regular circulation. None of our trading or investing newsletters, services, interviews, or any other form of communication provides individual customized investment advice. The information we provide and publish is based on our opinions plus our statistical and financial data and independent research. They do not reflect the views or opinions of any other newsletter.
We are strictly a financial publisher and do not provide personalized trading or investment advice. We publish information regarding stocks, options, futures, commodities, currencies or any other securities in which we believe our subscribers may be interested and our reports reflect our sincere opinions. However, the information in our publications is not intended to be personalized recommendations to buy, hold, or sell a particular security or invest in securities. As a financial publisher, we do not or cannot offer personalized trading or investment advice to our subscribers. If a subscriber chooses to engage in trading or investing that he or she does not fully understand, we may not advise the subscriber on what to do to salvage a position gone wrong. We also may not address winning positions or personal trading or investing ideas with subscribers. Therefore, subscribers will need to depend on their own knowledge and experience with the details of trading and investing in order to handle problematic situations that may arise, including the consultation of their own brokers and financial advisors as they deem appropriate.
You agree that use of MicroCapGuru.com’s analysis and reports is at your own risk. In no event will you hold MicroCapGuru.com or any affiliated party liable for any direct or indirect trading losses caused by any information on this site. You further agree to do your own research and due diligence before making any investment decision with respect to securities covered herein. You represent to MicroCapGuru.com that you have sufficient investment sophistication to critically assess the information, analysis, and opinion on this site. You further agree that you will not communicate the contents of this report to any other person unless that person has agreed to be bound by these same Terms of Service. If you download or receive the contents of this report as an agent for any other person, you are binding your principal to these same Terms of Service. You agree and acknowledge that the materials, opinions and contents available on this website (or any other MicroCapGuru.com social media platform, including Twitter, Tinder, Instagram, Snapchat or Facebook), are not investment recommendations and are indeed not recommendations of any kind.
Material on this website and all statements contained therein are solely the opinion of MicroCapGuru.com, and are not statements of fact. Our opinions are held in good faith, and we have based them upon publicly available evidence collected and analyzed, which we set out in our publications to support our opinions. We conduct research and analysis based on public information in a manner that any person could have done if they had been interested in doing so. You can publicly access any piece of evidence cited in on our website or that we relied on to write our repots. Think critically about our reports and do your own homework before making any investment decisions.
You should assume that as of the publication date of our reports, MicroCapGuru.com (possibly along with or through our members, partners, affiliates, employees, and/or consultants) along with our subscribers have an investment position in all stocks (and/or options, swaps, and other derivatives related to the stock) and bonds covered therein (either long or short depending on our investment opinion), and therefore stands to realize significant gains in the event that the price of changes in conjunction with our investment opinion. We intend to continue transacting in the securities of issuers covered on this site for an indefinite period after our first report, and we may be long, short, or neutral at any time hereafter regardless of our initial investment opinion.
Nothing contained on this website is an offer to sell or a solicitation of an offer to buy any security, nor shall MicroCapGuru.com offer, sell or buy any security to or from any person through this site or reports on this site. MicroCapGuru.com is not registered as an investment advisor in any jurisdiction. The content and materials contained on this website are provided for information purposes only and nothing contained therein is investment advice nor should it be construed as such. Prior to making any investment or hiring any investment manager you should consult with professional financial, legal and tax advisors to assist in due diligence as may be appropriate and determining the appropriateness of the risk associated with a particular investment. Users of the MicroCapGuru.com website and any material contained therein shall not use the site at any time for any purpose that is unlawful or prohibited and shall comply with any applicable local, state, national or international laws or regulations when using the site.
If you are in the United Kingdom, you confirm that you are accessing research and materials as or on behalf of: (a) an investment professional falling within Article 19 of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (the “FPO”); or (b) high net worth entity falling within Article 49 of the FPO.
Our research and reports express solely our opinions, which we have based upon generally available information, field research, inferences and deductions through our due diligence and analytical process. To the best of our ability and belief, all information contained herein is accurate and reliable, and has been obtained from public sources we believe to be accurate and reliable, and who are not insiders or connected persons of the stock covered herein or who may otherwise owe any fiduciary duty or duty of confidentiality to the issuer. However, such information is presented “as is,” without warranty of any kind, whether express or implied. MicroCapGuru.com makes no representation, express, or implied, as to the accuracy, timeliness, or completeness of any such information or with regard to the results to be obtained from its use. All expressions of opinion are subject to change without notice, and MicroCapGuru.com does not undertake to update or supplement any reports or any of the information, analysis, and opinion contained in them.
You agree that the information on this website is copyrighted, and you therefore agree not to distribute this information (whether the downloaded file, copies / images / reproductions, or the link to these files) in any manner other than by providing the following link: http://MicroCapGuru.com, any subdomains, or a sublink to a specific report. If you have obtained a MicroCapGuru.com publication in any manner other than by download from such links, you may not read such publication without going to that link and agreeing to the Terms of Service. You further agree that any dispute arising from your use of this Site and/or the MicroCapGuru.com newsletter or viewing the material hereon shall be governed by the laws of the State of California, without regard to any conflict of law provisions. You knowingly and independently agree to submit to the personal and exclusive jurisdiction of the superior courts located within the State of California and waive your right to any other jurisdiction or applicable law, given that MicroCapGuru.com, LLC has offices in California. The failure of MicroCapGuru.com, LLC to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of this right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and rule that the other provisions of these Terms of Service remain in full force and effect, in particular as to this governing law and jurisdiction provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or the material herein must be filed within one (1) year after such claim or cause of action arose or be forever barred.
MicroCapGuru.com and the terms, logos and marks included on this website that identifies MicroCapGuru.com services and products are proprietary materials. Copyright in the pages and in the screens of this website, and in the information and material therein, is proprietary material owned by MicroCapGuru.com unless otherwise indicated. Unless otherwise noted, all information provided on this site is provided by MicroCapGuru.com and is subject to copyright and trademark laws. Logos and marks contained in links to third party sites belong to their respective owners.
Any links from our site or our reports are provided for viewer convenience. MicroCapGuru.com is not associated or affiliated with any linked sites. Independent providers have prepared all information accessible through these links.
2. User Eligibility
Age: MicroCapGuru.com’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. MicroCapGuru.com may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use MicroCapGuru.com’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. If you are under 18, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 18 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about anyone under 18, please contact us at info@MicroCapGuru.com.com.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by MicroCapGuru.com’s policies as stated in the Agreement and the MicroCapGuru.com policy documents listed below (if applicable to your activities on or use of the Services) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by MicroCapGuru.com, each of which is incorporated herein by reference and each of which may be updated by MicroCapGuru.com from time to time without notice to you:
In addition, some services offered by MicroCapGuru.com may be subject to additional terms and conditions promulgated by MicroCapGuru.com from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability, and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify MicroCapGuru.com of any unauthorized use of your password or any breach of security. You also agree that MicroCapGuru.com cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than MicroCapGuru.com without MicroCapGuru.com’s express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on MicroCapGuru.com you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Account Transfer: You may not transfer or sell your MicroCapGuru.com account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: MicroCapGuru.com’s services are not available to temporarily or indefinitely suspended MicroCapGuru.com members. MicroCapGuru.com reserves the right, in MicroCapGuru.com’s sole discretion, to cancel unconfirmed or inactive accounts. MicroCapGuru.com reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Billing
MicroCapGuru.com requires you to sign up for a yearly subscription to receive our financial newsletter.
You authorize MicroCapGuru.com to keep your payment card information on file and to charge the card on file on the same day you signed up for an account of each calendar year for the next year’s outstanding charges. Payments will be charged annually to customer accounts based on the original purchase date. For example, if you originally paid on the 10th of February, 2016, your account will be charged on the 10th of February, 2017 and then on the 10th of February, 2018 and so on. If the original payment date does not fall in the following year, customer accounts will be charged on the next available date. We will continue to charge the customer’s account until we are notified in writing, giving 30 days’ notice, to cancel the subscription.
Changes to the fees for MicroCapGuru.com’s services are effective after MicroCapGuru.com provides you with at least 14 days’ notice by posting the changes on the Site. However, MicroCapGuru.com may choose to temporarily change the fees for MicroCapGuru.com’s services for promotional events (for example, free trial periods); such changes are effective when MicroCapGuru.com posts the temporary promotional event on the Site. MicroCapGuru.com may, at MicroCapGuru.com’s sole discretion, change some or all of MicroCapGuru.com’s services at any time. In the event MicroCapGuru.com introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD) and “days” refers to calendar days.
In certain situations, including but not limited to a void or invalid transaction, MicroCapGuru.com may issue a credit for the applicable fees to a seller’s billing statement.
MicroCapGuru.com does not issue refunds for any portion of its fees.
4. Resolution of Disputes and Release
Disputes with MicroCapGuru.com: In the event a dispute arises between you and MicroCapGuru.com, please contact MicroCapGuru.com. Any dispute arising from or relating to the subject matter of this Agreement shall be governed by and construed in accordance with the laws of the State of California including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. You agree that the state and federal courts in the County of Orange, State of California shall have sole and exclusive jurisdiction and venue for the resolution of all disputes arising under the terms of this Agreement and the transactions contemplated herein. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and MicroCapGuru.com agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred.
You release MicroCapGuru.com (and MicroCapGuru.com’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
5. MicroCapGuru.com’s Intellectual Property
MICROCAPGURU.COM, and other MicroCapGuru.com graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks, or trade dress of MicroCapGuru.com in the U.S. and/or other countries. MicroCapGuru.com’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
6. Access and Interference
MicroCapGuru.com may contain robot exclusion headers which contain internal rules for software usage. Much of the information on MicroCapGuru.com is updated on a real-time basis and is proprietary or is licensed to MicroCapGuru.com by MicroCapGuru.com’s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access MicroCapGuru.com for any purpose whatsoever, without MicroCapGuru.com’s prior express written permission. Additionally, you agree that you will not:
• Take any action that imposes, or may impose, in MicroCapGuru.com’s sole discretion, an unreasonable or disproportionately large load on MicroCapGuru.com’s infrastructure;
• Copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Site, except to the extent expressly permitted by prior express written permission of MicroCapGuru.com and the appropriate third party, as applicable;
• Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; and
• Bypass MicroCapGuru.com’s robot exclusion headers or other measures MicroCapGuru.com may use to prevent or restrict access to MicroCapGuru.com.
Without limiting any other remedies, MicroCapGuru.com may, without notice, and without refunding any fees, delay or immediately remove content, warn MicroCapGuru.com’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
• MicroCapGuru.com is unable to verify or authenticate any of your personal information or Content; or
• MicroCapGuru.com believes that a user is acting inconsistently with the letter or spirit of MicroCapGuru.com’s policies, has engaged in improper or fraudulent activity in connection with MicroCapGuru.com or the actions may cause legal liability or financial loss to MicroCapGuru.com’s users or to MicroCapGuru.com.
MicroCapGuru.com reserves the right to suspend and/or terminate a person’s account or any accounts held by that person by virtue of association, including all usernames under which that person operates on MicroCapGuru.com.
9. No Warranty
MICROCAPGURU.COM, MICROCAPGURU.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND SUPPLIERS PROVIDE MICROCAPGURU.COM’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. MICROCAPGURU.COM, MICROCAPGURU.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND MICROCAPGURU.COM’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM MICROCAPGURU.COM SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
10. Liability Limit
IN NO EVENT SHALL MICROCAPGURU.COM, AND (AS APPLICABLE) MICROCAPGURU.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, MICROCAPGURU.COM’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
MICROCAPGURU.COM’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF MICROCAPGURU.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO MICROCAPGURU.COM IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD MICROCAPGURU.COM AND (AS APPLICABLE) MICROCAPGURU.COM’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
12. No Guarantee
MicroCapGuru.com does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside MicroCapGuru.com’s control.
13. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site and any MicroCapGuru.com service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Services (excluding any taxes on MicroCapGuru.com’s net income).
In states where MicroCapGuru.com is not required to collect sales tax, your purchase may be subject to use tax in accordance with your state’s laws. Some purchases may be exempt from taxation; however, a purchase is not exempt merely because it was made over the Internet. Your state may require its residents to report all purchases of tangible personal property or digital property that are not taxed by the retailer, and pay use tax on those purchases unless exempt under your state’s laws. The tax may be reported and paid on an individual income tax return or by filing a consumer tax return. (States requiring retailers to make this disclosure include, but may not be limited to: California, Colorado, Kentucky, Michigan, Mississippi, Oklahoma, South Carolina, South Dakota, Tennessee, and Washington).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
15. No Agency
You and MicroCapGuru.com are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
16. MicroCapGuru.com Service
17. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, excluding its conflicts of laws rules, and the United States of America.
The sections of this Agreement bearing the headings, Fees and Billing; Resolution of Disputes and Release; MicroCapGuru.com’s Intellectual Property; Access and Interference; Breach; Privacy; No Warranty; Liability Limit; Indemnity; No Guaranty; Severability; No Agency; and Choice of Law shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to MicroCapGuru.com; Attn: Legal Department; [mailing address] (in the case of MicroCapGuru.com) or, in your case, to the email address you provide to MicroCapGuru.com (either during the registration process or when your email address changes). Notice shall be deemed given five days after the date of mailing or 24 hours after email is sent, unless the sending party is notified that the mailing or email address is invalid.
The Services hereunder are offered by PortfolioGuru, LLC, located at [address].
Effective Date: August 1, 2016