Terms and Conditions of Use
By clicking “I agree” in order to access this website and its contents (collectively “Website”), user acknowledges and agrees to each of the statements, disclosures and disclaimers contained herein, including that (1) these materials herein (a) are for informational purposes only, (b) are not an offer or solicitation to buy or sell any securities, and (c) should not be relied upon to make any investment decisions, (2) that the user’s use of the Website and/or any Report (as defined hereinafter) is expressly subject to these Terms and Conditions of Use, and (3) that the user is a resident of the United States of America.
These Terms and Conditions of Use may be modified in the future from time to time without notice to users, so users should review and re-acknowledge each of the statements, disclosures and disclaimers contained herein each time users access this Website.
Left Brain Investment Research LLC (“LBIR”) is an investment advisor registered with the U.S. Securities and Exchange Commission. LBIR is, however, primarily an investment research provider. As an investment research provider, LBIR produces investment research reports (each a “Report”) that contain data, statistics, analysis and opinions on a range of equities, bonds, securities, mutual funds, exchange traded funds and/or other pooled investment vehicles (collectively “securities,” and individually a “security”). All ratings and related analysis, as well as data, statistics, analysis and opinions from LBIR that are contained within a Report are solely statements of opinion, and are not, and are not intended to be, statements of fact or recommendations to purchase, hold, or sell any security or make any other investment decisions. Each Report’s content is current as of the date noted in the Report. The Report’s content, including the ratings and related analysis, should not be considered without an understanding and review of our methodologies, disclaimers, disclosures and other important information described in this Website and a respective Report.
Ownership and Copyright
User acknowledges and agrees that the Website and all information associated with it, (including, without limitation, all content and all Reports) is owned by LBIR and is protected by international copyright and other intellectual property laws. User further acknowledges and agrees that the Website contains certain proprietary data and information of LBIR, that user will not use these data or information for any unlawful or unauthorized purpose, and that user will use reasonable efforts to protect them from illicit distribution or use.
Unauthorized copying or transmission of data, information, or other content contained on the Website and/or Reports to any person or firm is prohibited. Copying or transmission includes all forms of sublicensing, reselling, republication, or other forms of distribution, including online posting, electronic mailing, faxing, archiving in a public database, or redistributing via a computer network or in a printed form. LBIR, its affiliates, and third-party data providers have proprietary rights to the copyrighted material and trademarks displayed on this site. If a user wishes to reproduce, republish, distribute, display, broadcast, or otherwise exploit any content on this Website, including any Report, that user must seek the express written consent of LBIR or, in the case of content licensed by LBIR from third parties, the entity that is credited as the copyright holder of such licensed content. A user may download accessible material (one copy per page) from this Website for user’s personal and noncommercial use only, without altering or removing any trademark, copyright, or other notice from such material.
These Terms and Conditions of Use are not intended to, and will not, transfer or grant any rights in or to the information other than those which are specifically described herein, and all rights not expressly granted herein are reserved by LBIR or the third party providers from whom LBIR has obtained the information.
Any person who accesses or uses a Report is deemed to acknowledge and agree that: (1) misuse or misappropriation of the Report and its content may cause serious damage to LBIR for which money damages may not constitute a sufficient remedy; (2) LBIR shall have the right to obtain an injunction or other equitable relief for any such misuse/misappropriation, without notice or the need to post bond; and (3) these remedies are in addition to any other available remedies.
In the event a user believes that any content posted on the Website infringes the user’s copyright or other intellectual property rights, said user may notify LBIR by providing the information required by the Online Copyright Infringement Liability Limitation Action of the Digital Millennium Copyright Act, 17 U.S.C. 512, to LBIR.
Trademarks
Left Brain Wealth Management® is a registered trademark of Left Brain Wealth Management LLC, an affiliate of Left Brain Investment Research LLC. Any of the trademarks, service marks, logos, products or service names (collectively, the “Marks”) displayed on the Website and/or Reports may be registered or unregistered marks of LBIR or others. Nothing contained herein shall be construed as granting any license or right to use any Marks. No user may use or allow any third party to use any Marks appearing on the Website or the Content without the express written permission of LBIR or the respective third-party owner of such Marks.
All other brands and names are the property of their respective owners.
Disclaimers and Disclosures
Informational Only; Not a Recommendation:The material on the Website and in the Reports is for informational purposes only, and is prepared with no regard to the investment objectives, the financial situation, or needs of any specific recipient. The fact that LBIRhas made the Website and/or a Report available does not constitute either a recommendation to enter into a particular transaction nor a representation that any security is suitable or appropriate for any recipient. Rather, the information presented is expressly intended to provide information to assist recipients in making their own investment decisions, not to provide investment advice to any specific recipient. Therefore, investments discussed, recommendations made and/or ratings assigned may not be suitable for all investors. The Reports are not intended as a source of any specific investment recommendations, and make no implied or express recommendations concerning the manner in which any security should or would be handled, as appropriate investment strategies depend upon each recipient’s investment objectives and/or the investment objectives of said recipient’s clients. Users must exercise their own independent judgment as to the suitability of such securities in the light of their own, or their clients’, investment objectives, experience, taxation status and financial position.
Users acknowledge, understand and expressly agree that: (1) all ratings, ratings outlook, gauges, opinions and related analyses available on the Website and/or in a Report are, and will be construed solely as, statements of opinion as of the date set forth in a Report, and not as statements of fact or recommendations to purchase, hold or sell any securities or make any investment decisions; (2) each rating, rating outlook, gauge, or other opinion will be used, if at all, solely as one factor in any investment decision made by or on the user’s behalf; and (3) user will make his/her own study and evaluation of each security, and of each issuer of each security that the user may consider purchasing, holding, selling, providing, and/or on which the user may advise.
User agrees that, in connection with any rating, rating outlook, gauge, or similar opinion provided in a Report, user shall solely consider the same based on the qualifications, procedures, methodology and caveats corresponding to such rating opinion as set forth in said Report. Any rating, rating outlook, gauge, or similar opinion should not be considered without an understanding and review of the preceding factors. Data, rankings, ratings, gauges, scores and analysts’ recommendations, or other content displayed on this Website or in a Report, should be used for informational purposes only.
Users should always seek the advice of a relevant professional with any questions about any financial or other decision that the users are seeking to make. No user should rely upon a Report.
For ERISA Investors: The Website and the Reports are provided solely on the basis that they will not constitute investment advice, and will not form a primary basis for any person’s or ERISA plan’s investment decisions. LBIR is not a fiduciary with respect to any plan by reason of providing the material or content herein. ERISA plan fiduciaries should consider their own circumstances in assessing any potential investment course of action.
Not a Solicitation or Offering: No content or material on the Website or in a Report is to be construed as a solicitation, recommendation or offer to buy or sell any security, financial product or instrument. The Reports are not intended to be an invitation or inducement by LBIR, Inc. or any of its affiliates to engage in an investment activity nor is it to be viewed as an offer or solicitation for the purchase or sale of the security or securities that are the subject of any Report.
Past Performance Not Indicative of Future Results: Past performance is no guarantee of future results.
Investments in securities are subject to market and other risks and there is no assurance or guarantee that the intended investment objectives will be achieved. Past performance of a security may or may not be sustained in the future and is no indication of future performance. A security’s investment return and an investor’s principal value will fluctuate so that, when redeemed, an investor’s shares may be worth more or less than their original cost. A security’s current investment performance may be lower or higher than the investment performance noted within the Website and/or a Report.
A high or favorable rating, rating outlook, gauge, or similar opinion is not indicative of future performance, and no user should rely on any such rating, rating outlook, gauge, or similar opinion to predict performance or potential for return. Reports may contain “forward-looking” information that is not purely historical in nature. Such information may include, among other things, projections and forecasts. There is no guarantee that any projections or forecasts made will materialize or occur. No user should presume that future performance will equal projected or forecasted performance or potential for return.
Third-Party Websites, Links, and Information: The Website may contain information, products, and services provided by third parties and/or affiliates, and links (including advertisements) to websites made available by third parties and/or affiliates. This information and these products, services, and links are provided only as a convenience to users of this Website. LBIR does not control this information or these products, services, or websites or how or for what purpose any information a user submits to any of these websites is used. LBIR does not make any representations or warranties, express or implied, regarding the information or these products, services on these websites or the websites themselves and shall not be liable for any information or services received from them. Inclusion of any of the foregoing in conjunction with the Website does not constitute or imply an endorsement, sponsorship, or affiliation by or with LBIR with respect to any third party, its website, or any information, products, or services provided by a third party.
No Warranty: The information and opinions contained in the Reports are derived from proprietary and nonproprietary sources deemed by LBIR to be reliable but are not necessarily all-inclusive and are not guaranteed as to accuracy. Third-party information may not be independently verified. LBIR makes no representations or warranties as to the accuracy, timeliness, suitability, completeness or relevance of any information prepared by any third party, whether incorporated in a Report or otherwise included in the content of this Website, and takes no responsibility therefor.
LBIR does not guarantee the accuracy, completeness, timeliness, or correct sequencing of any of the content or materials on the Website or in the Reports, including, but not limited to information originated by LBIR, licensed by LBIR from third parties, or complied by LBIR from publicly available sources. There may be delays, omissions, or inaccuracies in said information.
The Reports are current as of the date set forth therein. Due to various factors, including changing market conditions, a Report and its content may no longer be reflective of current material and information after said date. LBIR has no obligation to update a Report or any material or content set forth in the Website.
THE WEBSITE, THE CONTENT, THE REPORTS AND ALL RELATED MATERIALS, PRODUCTS, SERVICES AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. NEITHER LBIR, NOR ITS AFFILIATES, NOR THEIR THIRD-PARTY PROVIDERS GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS OR AVAILABILITY OF THE CONTENT OR ANY INFORMATION PROVIDED THROUGH THE WEBSITE OR ANY REPORT. LBIR, ITS AFFILIATES, THEIR THIRD-PARTY PROVIDERS AND EACH OF THEIR RESPECTIVE MANAGERS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, REGARDLESS OF THE CAUSE, OR FOR THE RESULTS OBTAINED FROM THE USE OF ANY REPORT, ANY CONTENT, OR ANY OTHER INFORMATION DISPLAYED ON THE WEBSITE.
LBIR DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH RESPECT TO THE WEBSITE, ITS CONTENT AND THE REPORTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
Limitations on Liability: User acknowledges and agrees that the user is entirely liable for the activities conducted by user in connection with its use of the Website, its content and/or the Reports. If a user is dissatisfied with the Website, its content, the Reports and/or with these Terms and Conditions of Use, the user’s sole and exclusive remedy is to stop using the Website, its content and/or the Reports.
User expressly acknowledges and agrees that, EXCEPT AS OTHERWISE PROVIDED FOR UNDER APPLICABLE LAWS, NEITHER LBIR, ITS AFFILIATES, ITS CONTENT PROVIDERS, NOR THE MANAGERS, OFFICERS, MEMBERS EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS OF EACH (COLLECTIVELY, THE “LBIR PARTIES”), SHALL BE LIABLE FOR ANY CLAIM OR DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE, THE CONTENT, THE REPORTS AND/OR ANY OTHER INFORMATION DISPLAYED ON THIS WEBSITE OR IN A REPORT OR ANY RELIANCE THEREON. THIS LIMITATION OF LIABILITY APPLIES TO DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES USERS OR OTHERS MAY SUFFER EVEN IF ANY OF THE LBIR PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, INCLUDING, BUT NOT LIMITED TO: (1) COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS; (2) EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL; (3) THE CLAIMS OF ANY THIRD PARTY, AND/OR (4) ANY SUCH DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY OTHER REASON WHATSOEVER.
IN ANY EVENT, TO THE EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE LBIR PARTIES FOR ANY REASON WHATSOEVER RELATED TO ACCESS TO OR USE OF THIS WEBSITE AND ITS CONTENTS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY USER FOR SERVICES PROVIDED VIA THIS WEBSITE PURSUANT TO THESE TERMS AND CONDITIONS OF USE DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) U.S. $500.
Disclosures: LBIR is affiliated with Left Brain Wealth Management LLC, an investment advisor registered with the Securities and Exchange Commission, which offers investment advice and wealth planning to clients on an individualized basis. LBIR is also affiliated with Left Brain Capital Appreciation Fund, L.P., Left Brain Capital Appreciation Offshore Ltd, and Left Brain Capital Appreciation Master Fund, Ltd. (collectively, the “Funds” and each a “Fund”), all of which are hedge funds available to accredited investors, and all of which are managed by Left Brain Capital Management, LLC, as the general partner. Left Brain Capital Management, LLC is an affiliate of LBIR.
One or more clients of Left Brain Wealth Management LLC may hold positions in one or more securities which are the subject of Report. The Funds hold positions in various securities. In cases where a Fund holds a position in a security which is the subject of a Report as of the date of that Report, appropriate disclosure will be made.
To prohibit, mitigate and/or disclose conflicts of interest and potential conflicts of interest, as applicable, LBIR maintains and has implemented policies and procedures that address when, and under what conditions, a LBIR affiliate, member, manager, officer, employee, agent and/or analyst may hold, purchase, sell, trade and/or engage in other activity with regard to securities that are the subject of a Report.
Indemnification
User agrees to indemnify, defend, and hold harmless LBIR and the LBIR Parties from and against any and all claims, liabilities, losses, costs (including, but not limited to, reasonable attorneys’ fees), and/or damages of any kind arising from or relating to: (1) user’s use of the Website, including, without limitation, the use of any content or any Reports; (2) user’s breach of these Terms and Conditions of Use; and (3) any messages, information, or materials uploaded, posted, published, or transmitted by user in connection with the Website or Reports.
User Password
If the user is required to select a password to access or use the Website, the user may then modify that password at any time as often as the user prefers. If LBIR determines in its sole discretion that any password selected by a user is inappropriate for any reason, LBIR may delete that password and/or limit or terminate the user’s access to the Website and/or the Reports.
Any password assigned to a user is solely and exclusively for that user’s personal use, and the user agrees to keep the password secret and not to share it with anyone (except as expressly permitted otherwise by LBIR in writing).
USER IS RESPONSIBLE FOR ALL USE, ACTIVITIES, AND CHARGES ASSOCIATED WITH OR ARISING FROM ANY USE OF SAID USER’S PASSWORD, REGARDLESS OF WHETHER SUCH USE IS AUTHORIZED. IN THE EVENT OF ANY UNAUTHORIZED USE OF A PASSWORD, USER MUST IMMEDIATELY NOTIFY LBIR.
Waiver
No breach of any terms or conditions of these Terms and Conditions of Use may be waived except by a written waiver expressly so stating. No waiver of any such breach shall be construed as a waiver of subsequent breaches or as a continuing waiver of such breach.
Severability
If any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, such invalidity or unenforceability shall be limited to the maximum extent permissible and the other provisions of these Terms and Condition of Use shall remain in full force and effect.
Governing Law
These Terms and Conditions of Use, including (without limitation) any disputes relating to any Report, the Website and/or their content, whether sounding in contract, tort, statute or otherwise, is governed by the laws of the State of Illinois, without reference to its conflict of law principles and without regard to the U.N. Convention on Contracts for the International Sale of Goods.
Neither the Reports nor the content on this Website are directed to, or intended for distribution to or use by, any person or entity who is a citizen or resident of or located in any locality, state, country or other jurisdiction where such distribution, publication, availability or use would be contrary to law or regulation or which would subject LBIR or its affiliates to any registration or licensing requirements in such jurisdiction.