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Last Updated March 14, 2022
Disclosures / Not Financial Advice / For Entertainment Purposes Only
VolumeLeaders is not a certified financial planner, is not a licensed money manager, and is not a member of the Financial Industry Regulatory Authority (FINRA). The Services are designed for Entertainment Purposes Only, and VolumeLeaders makes no representations or warranties with respect to its contents. Any data provided on its Site, and through its Service, is provided as is, and any action you take, whether or not based on information received from the Service, is completely at your OWN RISK. VolumeLeaders provides any reports and/or graphical output “AS IS,” and provides no financial advice whatsoever. By using the Service and Site you hereby acknowledge that All Investments involve risks, including potential loss of capital, and VolumeLeaders does not advocate any action or inaction based on any of the content provided by the Service or Site. No information provided on the Service or Site should be interpreted in any way as an offer, solicitation of an offer, or advice to buy and/or sell any securities, equities, and/or options, etc. Investors should be aware that system response, price data, transaction size data, market data, and account access times are affected by many factors, including technological limitations, hardware, software, and network limitations, market volatility, communications network availability, and processing availability, and other factors, and any access to the subscribed Services, is provided “AS IS,” with no representations or warranties with respect to its content, and includes electronically analyzing or processing, and/or delivering electronic summaries and/or graphs of historical data (“Content”) obtained under license from our Licensor(s), and is provided without any claim to such accuracy or completeness, or any warranty to the accuracy, completeness, thoroughness, or otherwise of analyzed and/or graphical data provided. Past performance is no guaranty of future results. Graphical representations of data provided on VolumeLeaders’ user interfaces and in its Content is not warranted to be free of errors, and is NOT financial advice, and should not be considered as such. Any graphically charted data may include errors, incorrect, and incomplete data. VolumeLeaders makes no warranty with respect to any of the Content, and data results it produces, and disclaims any liability with respect to the Content provided, and disclaims all liability, and provides the Content “as is” with no warranties whatsoever.
The materials at this Site are protected by worldwide copyright laws and treaty provisions. Except as expressly provided in these Terms, all Site content is a copyright, trademark, trade dress and/or other intellectual property owned, controlled or licensed by VolumeLeaders, one of its affiliates or by third parties who have licensed their materials to VolumeLeaders and are protected by U.S. copyright and other intellectual property (IP) laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of VolumeLeaders and is also protected by U.S. copyright and IP laws. VolumeLeaders and its licensors expressly reserve all intellectual property rights in all text, programs, functions, features, products, processes, technology, content, and/or other materials appearing on this Site, whether or not such rights are at common law, registered, copyrighted, and/or patented. Access to this Site and Service does not confer and shall not be considered as conferring upon anyone any license under any of VolumeLeaders’ or any third party’s intellectual property rights. VolumeLeaders and its suppliers or Licensors do not grant any express or implied rights to you. VolumeLeaders may grant other rights to you in a separate writing or as incorporated elsewhere in these Terms or in other materials on the Site.
Use of Information and Materials
Unauthorized use of the Site or Service including, but not limited to, unauthorized entry into VolumeLeaders' systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. Providing unauthorized access to any of the VolumeLeaders content and/or Services to anyone inside or outside of your company, organization, or other relationship or contact that is not already a currently licensed, paid-up, subscriber is expressly prohibited. Not all features, products and services may be available in all geographic areas. Your eligibility or the availability of all features, particular products and services is subject to final determination by VolumeLeaders or its affiliates.
Links to Other Materials
If VolumeLeaders provides links to third-party websites it is solely as a convenience to you. If you use these links, you will leave this Site. VolumeLeaders does not control, and is not responsible for, any of these sites or their content or any link contained in a linked site. VolumeLeaders hereby disclaims liability for, any information, materials, products or services posted or offered at any of the third-party sites linked to, or linked from, this Site. By creating a link to a third-party web site, VolumeLeaders does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that you may obtain from using them. Such third party may provide less security than the VolumeLeaders Site. If you decide to access any of the third-party sites linked to, or from, this Site, you do this entirely at your own risk. VolumeLeaders reserves the right to terminate any link at any time.
Any material, information or other communication you transmit or post to this Site (“Submissions”) will be considered non-confidential and non-proprietary. VolumeLeaders will have no obligation with respect to such Submissions. VolumeLeaders and its designees will be free to copy, disclose, distribute, incorporate, and otherwise use such communications and all data, images, sounds, text, and other things embodied in them for any commercial or non-commercial purposes. Such disclosure, offer, submission, or transfer of such Submissions shall constitute an assignment to VolumeLeaders of all worldwide rights, titles and interests in any and all copyrights and/or other intellectual property rights to any portion of the Submission. You are prohibited from posting or transmitting to or from this Site any Submissions that are unlawful, threatening, libelous, defamatory, obscene, pornographic, or containing other material that would violate any law or regulation. You also may not submit any Submissions that contain any viruses, worms, Trojan horses, time bombs, corrupted files or other malicious or harmful computer programming routines or other malware that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another.
VolumeLeaders Subscription Term
Subscriptions to VolumeLeaders are priced for a period (a “Subscription Term”) beginning from the initial period of a subscription and renewing each period on the date of the period of the initial subscription (each a “Renewal Subscription Term,” which together with the Initial Subscription Term form the “VolumeLeaders Subscription Term”). The Initial Subscription Term is initially set to automatically renew at the end of the Initial Subscription Term, unless an automatic renewal feature is inactivated or deactivated by a Subscriber prior to the renewal date, during the Initial Subscription Term. A Subscriber may deactivate, or reactivate, the automatic renewal feature at any time during the VolumeLeaders Subscription Term. The Subscriber may terminate the VolumeLeaders Subscription Term at any time by written notice to email@example.com however, Subscriber hereby acknowledges that any unused portion, in whole or in part, of a prepaid, Initial Subscription Term and/or Renewal Subscription Term, at time of Termination, will NOT be reimbursed. For clarity, in the event of early termination of the VolumeLeaders Subscription Term at any time after initially subscribing, NO refunds or credits will be provided for any unused portion of the VolumeLeaders Subscription Term. The Subscriber acknowledges that Subscription Pricing is subject to change from time to time, and we will note the price increase at time of your renewal by sending a notification email to your assigned “Group Subscription Manager” so that you can review your account details and the then current pricing. The Subscriber acknowledges that by agreeing to the automatic renewal feature, that the Subscriber agrees to pay the then current Subscription Pricing in effect at time of renewal of the Subscription Term. If we have your payment information on file, then your Subscription will automatically renew on or about one month from your initial subscription date. Subscriber is responsible for ensuring that the contact details of the Group Subscription Manager of the Subscriber are current for receiving our notification emails. If a Subscriber uses alternate forms of payment than credit card, e.g., automated clearinghouse (ACH)/wire/purchase order/check, or the like, then we will invoice you shortly before your renewal date, and payment will be due by the time noted on the invoice, to maintain your subscription.
With respect to any number-of-user limitations, for all categories except Unlimited level Subscriptions, for purposes of the Subscription Pricing Agreement, a “user” is defined to be an employee of the Subscriber, whether Subscriber is an entity, an individual, a for profit, a nonprofit, a small, medium, or large entity, a Business of any Company Size, a Government entity (whether a Federal, a state, a county, a municipality, and/or a local government entity, a regulatory, or division or administrative agency), a Trade Association, an Advocacy Group, a Non-Profit, or other entity (collectively referred to as “Subscriber Entity”) and is presumed to include any user where the number of employees, is calculated as the total number of employees (of any title including owner) of the Subscriber Entity, (to be clear total number of employees, not total number of users), the number of employees of which have the same domain name (“DNS” or “domain”) or universal resource locator (“URL”), as the domain of the Subscribing Entities’ Subscriber’s electronic mail (e-mail) address. Subscribers at the unlimited user level also must abide by the rule that subscriptions are limited to employees only. Users must have the same DNS or URL as the Subscriber Entity.
No Rights to Derivative Works
You further agree that you will not copy, provide outputs of, divulge, share, transmit to, modify, create derivative works of, and/or distribute, transmit, etc., whether in printed and/or electronic form, or in any other fashion, any of the contents of the newsletter, with any individual who does not have the same DNS to the Subscriber DNS, nor in excess of the Subscription limits, without the prior written permission of VolumeLeaders.
If a Subscriber is found to be in violation of the Subscription terms for any reason including, e.g., for exceeding any associated number-of-user limitations of the appropriate category for which the Subscriber has paid, Subscriber agrees, in addition to paying all reasonable attorney’s fees and/or other fees and/or costs incurred by VolumeLeaders in enforcement, to pay the Full, Undiscounted, Unlimited User Rate Price plus a 25% of that Full, Undiscounted, Unlimited User Rate Price surcharge penalty (“Surcharge Penalty”). For illustration, consider if for example a “Government category” Subscriber, purchases an up to 10-user subscription with pricing of $1,000 (discounted to $499 for a limited time), and at that time unlimited subscription pricing of $2,000 (discounted to $1,499 for a limited time) could have been purchased instead. If the example Government category Subscriber subscribes at the discounted $499 level for “up to 10 users” rate (normally $1,000), and is later found to have exceeded the Subscriber’s 10-user number limitation, for any reason, even if by only 1 user, by, e.g., sending or enabling access to someone having a different DNS than the Subscriber, then the Subscriber will need to pay the difference between what was paid, i.e., the $499, and the Full, Undiscounted, Unlimited pricing of $2,000, or an incremental sum in the amount of $1,501, PLUS a 25% Surcharge Penalty of the Full, Undiscounted, Unlimited price of $2,000, (or approximately a $500 Surcharge Penalty), for a total incremental cost of $2,001 (on top of any previously paid Subscription Fee), PLUS any reasonable attorneys’ fees and costs incurred by VolumeLeaders in seeking enforcement of its Subscription pricing.
Subscriber further agrees that acting in contravention to the agreed upon terms of the Subscription number-of-user levels and Subscription Pricing is stipulated to amount to irreparable harm to VolumeLeaders, and Subscriber hereby stipulates and agrees to a temporary, preliminary and permanent injunction be issued to prevent Subscriber from any further acts in contravention to the Subscription, before, during and after any associated enforcement action brought by VolumeLeaders.
Failure to enforce such rights of VolumeLeaders, in whole or in part, shall NOT be deemed to amount to any waiver of any such rights of enforcement. Federal Government End Use Provisions. If you are an entity of the U.S. Federal Government, VolumeLeaders provides the Service solely in accordance with the following: the Software and Documentation qualify as “commercial items,” as that term is defined at Federal Acquisition Regulation (“FAR”) (48 C.F.R.) 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as these terms are used in FAR 12.212. This license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Service) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). Use of either the Service or Documentation or both constitutes agreement by the government that the Service and Documentation are “commercial computer software” and “commercial computer software documentation,” and constitutes acceptance of the rights and restrictions in this Agreement.
All of the Service, as well as the design, layout and other elements of the Service, are the sole property of VolumeLeaders or its licensors and are protected by any number of trade secrets, copyright, trademark, patent, other intellectual property, and other U.S. and foreign laws. You may use the Service only for your internal business purposes. Forwarding of the VolumeLeaders Service and/or access to the Service to anyone from outside of your company or organization that is not already a currently licensed, paid-up, subscriber is expressly prohibited. It is expressly acknowledged by use of the Service that the rights granted to you constitute a license and not a transfer of title.
Third-Party Sites and Services
The Service may also provide links or references to other web sites or otherwise make available materials, products, information, or services provided by third parties. We provide these links merely as a convenience for our customers and other users of the Service. You understand and agree that (a) VolumeLeaders does not control or endorse any third parties referenced on the Service; (b) VolumeLeaders makes no representation or warranties whatsoever about any such third parties, their information, materials, products or services; (c) any dealings you may have with such third parties are at your own risk; and (d) VolumeLeaders has no responsibility or liability for any information, materials, products or services offered or provided by third parties, including any third-party information, materials, products or services offered or provided through the Service.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT VolumeLeaders, ITS OFFICERS, MANAGERS, EMPLOYEES, PARTNERS, OR SUPPLIERS WILL NOT IN ANY WAY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING DAMAGES CONSTITUTING OR RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT VolumeLeaders HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SERVICE; THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SERVICE; ANY DEALINGS WITH OUR VENDORS, PARTNERS, OR OTHER THIRD PARTIES; ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA; ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED THROUGH THE SERVICE; ANY MALFUNCTION OR INACCESSABILITY, UNAVAILABILITY, ANY FAILURE TO STORE OR LOSS OF ANY DATA, FILES, OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE; ANY DELAY OF OR INTERRUPTION IN THE USE OF THE SERVICE; OR ANY WEB SITE REFERENCED OR LINKED TO OR FROM THE SERVICE. FURTHER, SUBSCRIBER AGREES, UNDER NO CIRCUMSTANCES WILL VolumeLeaders’ LIABILITY IN TOTAL, FOR ANY DISPUTE, EXCEED THE SUBSCRIPTION FEES PAID BY SUBSCRIBER IN THE LAST 12-MONTH CALENDAR PERIOD PRECEDING ANY DISPUTE. This clause shall not impair the U.S. Government’s right to recover for fraud or crimes arising out of or related to this Contract under any federal fraud statute, including the False Claims Act, 31 U.S.C. 3729-3733. Furthermore, this clause shall not impair nor prejudice the U.S. Government’s right to express remedies provided in the GSA Schedule contract (e.g., clause 552.238-75 – Price Reductions, clause 52.212-4(h) – Patent Indemnification, and GSAR 552.215-72 – Price Adjustment – Failure to Provide Accurate Information).
You agree, upon VolumeLeaders’ demand, to defend, indemnify, and hold harmless VolumeLeaders and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Service and the Site. Further, as stipulated to above at Obligations Relating to Your Category of Subscription Rates of Your Subscription Pricing Agreement, Damages Remedies, and Equitable Remedies, You agree to indemnify, and hold harmless VolumeLeaders for any damages to VolumeLeaders caused by Subscriber’s acts, and agree to pay any and all penalties and surcharges as set forth, and You agree to paying VolumeLeaders for all remedies, whether in damages and/or at equity, with respect to your failure to abide by the obligations of the Subscription Pricing Agreement, and these Terms for the VolumeLeaders Service.
Governing Law and Jurisdiction
Trademarks and Copyrights
The VolumeLeaders logo, and the VolumeLeadersTM common law trademark on the VolumeLeaders website, and the content of the VolumeLeaders website, are the trademarks and copyrights of VolumeLeaders LLC. All Rights Reserved. Other trademarks and Licensed Content displayed in the Service are the property of their respective owners. You may not use any of these trademarks, logos or service marks, or sublicense others, without the advanced written consent of VolumeLeaders or the third-party owner, as applicable.