BLUE TIDE INVESTMENTS, LLC
SUBSCRIPTION AGREEMENT
This Subscription Agreement (this “Subscription Agreement”) governs your access to and the use of Blue Tide Investments, LLC (“Blue Tide”, “we” or “us”) subscription service (the “Subscription Service”), however accessed, including any content, functionality, information, and your accounts. All capitalized terms not otherwise defined herein shall have the meanings set forth in the Privacy Statement and the Terms of Use, each of which is incorporated herein by reference.
By using the Subscription Service, you accept and agree to be bound by this Subscription Agreement. If you do not agree to this Subscription Agreement, please do not use the Subscription Service. Please read this Subscription Agreement carefully and make sure that you understand it.
We reserve the right to modify or change this Subscription Agreement after providing notice to you. You agree to be bound by any changes to this Subscription Agreement when you use our Sites or Services after receipt of such notice, or you shall discontinue your use of our Sites or Services.
Subscription and Service
Users must have a valid subscription from Blue Tide to use the Subscription Service. To obtain a subscription, you must register for the Subscription Service by completing the online registration form available at http://www.bluetideinvest.com/account/register. By registering for the Subscription Service, you represent and warrant that all registration information that you provide is true, complete, and accurate, and you agree to notify Blue Tide promptly of any changes to this registration information. The notification can be effected either by editing your user profile in the Sites or Services or by contacting us at info@bluetideinvest.com
Unless you notify us that you wish to terminate your subscription before the end of your current Subscription Term, your subscription will continue to automatically renew for successive terms of the same duration and your credit card will be charged for each such renewal at the subscription fee in effect at the time of that renewal. If you had subscribed under a special or introductory offer, your subscription will automatically renew to the term specified in the offer and your credit card will be charged the subscription fee in effect at the time of the renewal. “Subscription Term” shall mean the term of your subscription then in effect, regardless of whether it is the initial term or any renewal of that term.
BLUE TIDE RESERVES THE RIGHT TO CHANGE THE SUBSCRIPTION SERVICE AT ANY TIME WITHOUT NOTICE, INCLUDING BUT NOT LIMITED TO ADDING OR REMOVING FEATURES. IF YOU ARE DISSATISFIED WITH ANY SUCH CHANGES, OR IF YOU ARE OTHERWISE DISSATISFIED WITH THE SERVICE, INCLUDING BUT NOT LIMITED TO ITS PERFORMANCE OR AVAILABILITY, YOUR ONLY REMEDY WILL BE TO CANCEL YOUR SUBSCRIPTION, AS SET FORTH BELOW.
Your User Account is personal to you, and you may not transfer or share your subscription with any other person. Users are responsible for the confidentiality of User Credentials, and shall be responsible and liable for access to or use of the Sites or Services by such User or any other person or entity using such User Credentials (whether or not such access has been authorized). You agree that access to the User Account will be limited to the User which subscribed under such account.
Use of the Subscription Service
Subject to the terms of this Subscription Agreement, you may download or print hard copies of pages or reports from the Subscription Service or portions thereof but only in connection with your own personal, noncommercial use and not on behalf of any third party.
Except as expressly set forth in this Agreement, you may not modify, copy, distribute, disclose, retransmit, sell, publish, broadcast, or circulate the Subscription Service, or any portion of it without Blue Tide's prior written consent.
Blue Tide has the right, at any time without notice, to: (i) revoke or limit your license to use the Subscription Service or any portion of it; and (ii) change or discontinue providing the Subscription Service or any portion thereof. Blue Tide has no obligation to update the Subscription Service or to correct any errors or omissions that might be contained in it.
Ownership and Copyright; Trademarks
You acknowledge and agree that the Subscription Service including, without limitation, all information contained in or associated with it, is owned by Blue Tide or its Information Providers and is protected by international copyright and other intellectual property laws. You will not use data or information provided hereby for any unlawful or unauthorized purpose, and you will use reasonable efforts to protect them from illicit distribution or use. Each Information Provider is a third party beneficiary of this Agreement to the extent necessary to enable it to enforce its proprietary rights in the data and the applicable use restrictions contained in this Subscription Agreement.
Blue Tide marks appearing in the Subscription Service, are the property of Blue Tide. You will not use or allow any third party to use any of Blue Tide's marks, including but not limited to the foregoing, without Blue Tide's prior express written consent. All marks not owned by Blue Tide are the property of their respective owners.
Disclaimer of Warranties
THIS SUBSCRIPTION SERVICE IS PROVIDED "AS IS" WITH ALL FAULTS. BLUE TIDE AND ITS INFORMATION PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND REGARDING THE SUBSCRIPTION SERVICE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OWNERSHIP, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, AND ABSENCE OF VIRUSES AND DAMAGING OR DISABLING CODE.
NEITHER BLUE TIDE NOR ITS INFORMATION PROVIDERS WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SUBSCRIPTION SERVICE. NEITHER BLUE TIDE NOR ITS INFORMATION PROVIDERS SHALL BE RESPONSIBLE FOR INVESTMENT DECISIONS, DAMAGES, OR OTHER LOSSES RESULTING FROM USE OF THE SUBSCRIPTION SERVICE.
PAST PERFORMANCE DOES NOT GUARANTEE FUTURE PERFORMANCE. NEITHER BLUE TIDE NOR ITS INFORMATION PROVIDERS SHALL BE CONSIDERED AN "EXPERT" UNDER THE SECURITIES ACT OF 1933. NEITHER BLUE TIDE NOR ITS INFORMATION PROVIDERS WARRANT THAT THIS SERVICE COMPLIES WITH THE REQUIREMENTS OF THE NASD OR ANY SIMILAR ORGANIZATION OR WITH THE SECURITIES LAWS OF ANY JURISDICTION.
Limitation of Liability
NEITHER BLUE TIDE NOR ITS INFORMATION PROVIDERS NOR ANY PERSON THROUGH WHOM BLUE TIDE MAKES THE SUBSCRIPTION SERVICE AVAILABLE SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, THE SUBSCRIPTION SERVICE, OR THE USE OF, OR RELIANCE ON, THE SUBSCRIPTION SERVICE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM A WILLFUL BREACH BY BLUE TIDE (OR THAT PERSON) OF ANY OF ITS EXPRESS OBLIGATIONS UNDER THIS AGREEMENT OR EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY MANDATED BY APPLICABLE LAW.
EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY PROHIBITED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF BLUE TIDE AND ITS INFORMATION PROVIDERS ARISING FROM OR RELATING TO THIS AGREEMENT, THE SUBSCRIPTION SERVICE, AND THE USE OF, OR RELIANCE ON, THE SUBSCRIPTION SERVICE, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO ACTUAL DIRECT DAMAGES THAT CAN BE FINALLY PROVED IN A COURT OF COMPETENT JURISDICTION IN AN AMOUNT NOT TO EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO BLUE TIDE IN THE IMMEDIATELY PRECEDING MONTH FOR BLUE TIDE’S PRODUCTS OR SERVICES AND (B) $50.
EXCEPT TO THE EXTENT OTHERWISE EXPLICITLY PROHIBITED BY APPLICABLE LAW, NEITHER BLUE TIDE NOR ITS INFORMATION PROVIDERS SHALL BE LIABLE FOR ANY PUNITIVE, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE FOREGOING, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EVEN IF BLUE TIDE OR ITS CONTENT PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify, defend, and hold harmless Blue Tide, its affiliates and its Information Providers from and against any and all claims, liabilities, losses, costs, including, but not limited to, reasonable attorneys' fees, or damages of any kind arising from or relating to: (i) your use of the Subscription Service; (ii) your breach of this Subscription Agreement, the Terms of Use, or the Privacy Statement; and (iii) any User Content.
User Password
You are required to select a password to access or use the Subscription Service, and you may modify that password at any time as often as you like. You may not select any password that violates any third party's rights or is offensive, improper, or inappropriate. If Blue Tide determines in its sole discretion that any password you select is inappropriate for any reason, Blue Tide may delete that password and limit or terminate your access to the Subscription Service.
YOU ARE RESPONSIBLE FOR ALL USE, ACTIVITIES, AND CHARGES ASSOCIATED WITH OR ARISING FROM ANY USE OF YOUR USER ACCOUNT, REGARDLESS OF WHETHER YOU AUTHORIZED SUCH USE. YOU MUST PROMPTLY NOTIFY BLUE TIDE (USING THE E-MAIL ADDRESS LISTED BELOW) OF ANY UNAUTHORIZED USE OF YOUR USER ACCOUNT.
Governing Law and Jurisdiction
This Subscription Agreement shall be governed by and construed in accordance with the laws of the State of Delaware and the United States of America, without giving effect to any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the courts located in the State of Delaware in connection with any action arising out of or related to this Subscription Agreement or its subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.
Charges and Billing Practices
Subscription fees on credit-card transactions will be authorized immediately, but not actually processed.
If you subscribe for a free trial period, you will not be charged for your use and access to the Subscription Service during such free trial period. After the free trial period expires, you will be charged for the initial term of your subscription and then, at the beginning of each renewal term, if any, for the subscription fee for that renewal term. Subscription fees will be based upon the subscription rates in effect at the start of each subscription term and apply whether or not you actually use the Subscription Service during that term. You can find the current subscription rates on our website. Subscription fees are nonrefundable, except as set forth below.
Blue Tide reserves the right to change the fees it charges for its newsletters, products, services or features offered in connection with the Subscription Service at any time. These sorts of changes include, but are not limited to, adding fees for new or optional products or services or modifying fees for existing products and services. If you do not want to pay these associated fees, you must cancel your subscription, as set forth below.
Subscription fees and all others fees and charges associated with your subscription, including, but not limited to, any applicable federal, state, and local taxes, will be billed automatically to the credit card you provide to the third party provider when registering for the Subscription Service. [Delete unless required by PayPay: If the information regarding your credit card is a VISA or MasterCard and the number or expiration date for your credit card changes for any reason, that updated information may be automatically passed on from your credit card issuer to Blue Tide, and if we do receive such information, it will be treated by Blue Tide as if it were originally furnished by you.]
You must promptly notify Blue Tide (as set forth below) [or Third Party/Paypal if any Credit Card Information is no longer valid or of any other change to your Credit Card Information. If any subscription fees or other charges billed to your credit card are declined for any reason, Blue Tide shall have the right to suspend your subscription until such subscription fees or other charges are paid in full. You agree to pay all costs, including attorneys' fees, incurred by Blue Tide in collecting any unpaid subscription fees or other charges from you.
Cancellation
Blue Tide may immediately cancel your subscription, without notice or liability, if it determines in its sole discretion that: (i) you have breached any portion of this Subscription Agreement, Terms of Use or Privacy Statement; or (ii) your use of or access to the Subscription Service violates any applicable law or regulation or otherwise inhibits any other subscriber from using or accessing the Subscription Service or any other service offered by Blue Tide on the Sites or Services. None of the foregoing limits any other legal, equitable, or contractual rights available to Blue Tide.
Blue Tide may, in its sole discretion, choose not to renew your subscription by sending a notice of non-renewal at any time during the Subscription Term to the e-mail address you provided when completing your registration. You will be deemed to have received this notice, whether or not you saw it or the e-mail address provided by you continues to be valid. In the event of such a notice, your subscription will cease and will not automatically renew at the end of your then-current subscription term.
Customer Service and Support
For customer service related to your subscription, including information regarding registration and billing, contact Blue Tide at comments@bluetideinvest.com.
Other Important Terms
This Subscription Agreement is in addition to any other agreements between you and Blue Tide.
Each of the paragraphs of this Subscription Agreement operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under this Subscription Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
© 2016 Blue Tide Investments, LLC. All rights reserved.
Last updated November 22, 2016