BLUE TIDE INVESTMENTS, LLC
By using our Sites or Services, you accept and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Sites or Services. Please read these Terms carefully and make sure that you understand them.
Blue Tide provides impersonalized investment advice to paid subscribers through our investment newsletter. Users pay a monthly fee for yearly subscription access. This impersonalized investment advice is not tailored to individual clients or groups. Blue Tide is not an investment adviser and is not registered as an investment adviser. Blue Tide relies upon the “publisher’s exclusion” from the definition of investment adviser under Section 202(a)(11) of the Investment Advisers Act of 1940 and corresponding state securities laws. As such, Blue Tide does not offer or provide personalized advice.
We reserve the right to modify or change these Terms after providing notice to you. You agree to be bound by any changes to these Terms when you use our Sites or Services after receipt of such notice, or you shall discontinue your use of our Sites or Services.
If you have any questions or comments or seek any additional information on Blue Tide, please email us at firstname.lastname@example.org. You may also write to us at:
Blue Tide Investments, LLC
P.O. Box 5583
Towson, MD 21286
We operate the following website(s): www.bluetideinvest.com
If you utilize the Sites or Services, you represent and warrant that you are at least 18 years of age. You are responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Sites or Services is revoked where these Terms or use of the Sites or Services are prohibited or to the extent offering, sale or provision of the Sites or Services conflicts with any applicable law, rule or regulation. The Sites or Services are offered only for your use, and not for the use or benefit of any third party.
We are not a broker-dealer and we are not an investment adviser, as such terms are used in United States financial services regulations, and we do not trade securities on our or another party’s behalf as part of the Sites or Services. You acknowledge and agree that we are not liable for any losses or gains that may arise from your reliance upon information provided through the Sites or Services or your interaction with other Users. Our newsletter contains original content as well as content supplied by third parties (“Information Providers”).
The information that Blue Tide provides or that is derived from the Sites or Services is not intended to be, and should not be construed in any manner as, personalized advice. The information that we provide should not be a substitute for advice from an investment professional.
The information presented on or through the Sites or Services includes investment and market information made available solely for general information purposes. Neither Blue Tide nor any Information Provider warrants the accuracy, completeness, or usefulness of such information and such information has not been verified. If you rely on any such information you do so strictly at your own risk. There may be delays, omissions or inaccuracies in the information provided. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Sites or Services, or by anyone who may be informed of any of its contents.
The information presented has been prepared without regard to individual investment objectives, financial situations or means. Such information is not intended to constitute personalized investment advice and is not designed to meet your personal financial situation. Any discussion of investment risks contained on the Sites or Services should not be considered a complete discussion of risks involved. You should consult with your financial adviser about investment options and whether any investment may be appropriate for your specific needs prior to making any investments. You have sole responsibility for your investment decisions and you should not rely solely on any information provided through the Sites or Service with regard to any investment decisions you make.
The information and material provided on the Sites or Services is not to be construed as an offer to buy or sell, or the solicitation of an offer to buy or sell, any security, financial product or instrument. The past performance of a mutual fund, stock or investment strategy cannot guaranty its future performance.
If any of our sites contain links to other sites and resources provided by third parties, those links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to our Sites or Services, you do so entirely at your own risk and subject to the policies of such websites.
We take no responsibility and assume no liability for any User Content. We have no obligation to pre-screen or monitor User Content. We reserve the right to delete or edit User Content, in whole or in part, in our sole discretion at any time and without notice.
Our Sites or Services and materials provided through our Sites or Services may refer to products or services that are not under the control of or maintained by Blue Tide (“Third Party Services”). You shall be responsible for evaluating whether any Third Party Services are appropriate for you. Blue Tide is not responsible for any injury, harm, or damages you may encounter by accessing or using Third Party Services.
ALL INFORMATION AND OTHER MATERIALS PRESENT ON THE SITE (THE “CONTENT”), INCLUDING BLUE TIDE’S PRODUCTS AND SERVICES, TEXT, IMAGES, PHOTOS, INVESTMENT IDEAS, OPINIONS, RUMORS, ADVICE, CHARTS, FINANCIAL INFORMATION, RATINGS, REVIEWS, OR SIMILAR INFORMATION ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES CONCERNING THE CONTENT’S NATURE OR ACCURACY, EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.
Blue Tide expressly disclaims all warranties, express or implied, with respect to the Content including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Blue Tide does not warrant or represent that the functions or operations of Blue Tide Sites or Services will be uninterrupted or error-free, that defects will be corrected, or that Blue Tide Sites or Services, its servers or any e-mail sent from Blue Tide are free of viruses or other harmful components.
WITHOUT LIMITING THE ABOVE, BLUE TIDE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY WITH REGARD TO ANY WEB SITE OWNED BY A THIRD PARTY TO WHICH OR FROM WHICH OUR SITE IS LINKED (“LINKED WEB SITE”). BLUE TIDE DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEB SITE.
THE INFORMATION, PRODUCTS, SOFTWARE OR SERVICE DESCRIPTIONS PUBLISHED ON OUR SITE OR A LINKED WEB SITE MAY NOT BE ACCURATE, COMPLETE, TIMELY OR SEQUENCED CORRECTLY. BLUE TIDE DISCLAIMS LIABILITY FOR SUCH ERRORS AND DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON OUR SITE OR A LINKED WEB SITE IS UPDATED OR COMPLETE. BLUE TIDE HAS NO OBLIGATION TO UPDATE ANY CONTENT ON OUR SITE AND MAY CHANGE OR IMPROVE OUR SITE AT ANY TIME WITHOUT NOTICE.
We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made through OUR Sites or Services by any party other than us.
IN NO EVENT WILL BLUE TIDE OR ANY INFORMATION PROVIDER NOR ANY OF THEIR RESPECTIVE SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST OPPORTUNITY, EVEN IF YOU HAVE NOTIFIED US ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES, ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS, USE OR CONTENT OF OUR SITE OR A LINKED WEB SITE WHETHER SUCH CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY.
IN NO EVENT WILL OUR LIABILITY FOR ANY CLAIM OF ANY KIND, WHETHER BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY LOSSES OR DAMAGES ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM, THESE TERMS OR THE PERFORMANCE OR BREACH THEREOF, OR ANY PRODUCT OR SERVICE OR THE USE OR PERFORMANCE THEREOF, 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.
THIS LIMITATION ON LIABILITY INCLUDES TRANSMISSION OF VIRUSES THAT INFECTS YOUR EQUIPMENT, MECHANICAL OR ELECTRONIC EQUIPMENT FAILURE, FAILURE OF COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECTS, UNAUTHORIZED ACCESS, THEFT, OPERATIONAL ERRORS, OR ANY FORCE MAJEURE.
You may link to our Sites or Services if you do so in a way that is fair, in compliance with all applicable laws, rules and regulations, and does not damage our reputation, provided that you shall not suggest any form of association, approval or endorsement on our part without our written consent.
If you submit blogs, comments, or other content intended for public display on any of our Sites or Services (“User Content”), you agree to abide by these Terms.
You shall not submit User Content on our sites that is: (a) illegal, profane, threatening, defamatory, derogatory, obscene, tortious, deceptive, fraudulent, injurious to Blue Tide or any third parties, (b) commercial solicitation or advertising, or consists primarily of an unsolicited electronic mass mailing, (c) abusive or harassing to any person, or (d) invasive of another’s privacy or publicity rights.
User Content shall not contain a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
User Content shall not infringe on the copyright, trademark or other intellectual property rights of any person or entity, or that contain privileged, confidential, proprietary or trade-secret information of any individual or entity, or that may violate the legal right of any person or entity in any jurisdiction or locale.
If you wish to submit materials to any of our Sites or Services, you are prohibited from impersonating any other individual or entity, or otherwise misleading the same as to the origin of the comments.
You agree to disclose any conflict of interest, ownership interest, business, employment or other financial relationship you have with any company or stocks named in any User Content. You agree not to submit User Content with the intent to increase or decrease a financial instrument’s price and sell or purchase such financial instrument as a result of such increase or decrease. You agree to disclose any intent to purchase or sell a stock within three trading days of submitting User Content that discusses that stock.
You shall not submit User Content that violates any local, state, national or international law, including but not limited to regulations of the U.S. Securities and Exchange Commission or other securities laws and the rules of any securities exchange. You agree that User Content will not constitute illegal activity, give rise to civil liability, or violate the contractual, personal, intellectual property or other rights of any other party.
By submitting User Content, you grant Blue Tide an unrestricted, worldwide, non-exclusive, irrevocable, perpetual, fully paid-up and royalty-free right and license, in any form or format, in whole or in part, to host, store, maintain, use, reproduce, distribute, display, publish, modify, prepare derivative works of, and otherwise exploit all or any portion of such User Content on the Sites or Services and on any other websites, channels, or distribution platforms, for any purpose whatsoever, without accounting, notification, credit or other obligation to you, and the right to license and sublicense and authorize others to exercise any of the rights granted hereunder to Blue Tide, in its sole discretion. All rights, licenses and privileges herein described are granted to Blue Tide immediately upon submission of User Content and shall continue perpetually and indefinitely.
Blue Tide Sites or Services and their entire contents, features, and functionality (including, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Blue Tide, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws and treaties. You shall not challenge the ownership or rights in the content on the Sites or Services or any component thereof.
You are granted a nonexclusive, nontransferable, limited and revocable right to access, use, display and navigate our Sites or Services solely for your personal, non-public and non-commercial use. You shall not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any of our material, except for your personal, non-public, and non-commercial use.
If you print, copy, modify, download, or otherwise use or provide any other person with access to our Sites or Services in breach of these Terms, your right to use the Sites or Services will cease immediately and you must return or destroy any copies of the materials you have made. No right, title, or interest in or to our Sites or Services or any content on our Sites or Services is transferred to you, and all rights not expressly granted are reserved by Blue Tide or its licensors. Any use of our Sites or Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The trademarks, service marks, slogans, logos, trade dress and other identifiers (“Marks”) displayed on the Sites or Services are the property of Blue Tide or its licensors, unless otherwise disclosed. You are prohibited from using any Marks for any purpose including use on other materials, in presentations, as domain names, or as meta-tags, without our written permission.
Except as expressly provided above, no portion of our Sites or Services, their contents or any copyright, trademark, trade name, service mark or any other proprietary information of Blue Tide (collectively, the “Intellectual Property”) displayed on Blue Tide Sites or Services or on any of the Content may be reproduced, altered, removed, transmitted, published or distributed without the prior written permission of Blue Tide. Use of any Blue Tide trademarks as metatags on any third-party site is strictly prohibited. You agree to cooperate with Blue Tide in causing any unauthorized co-branding, framing or linking to immediately cease. You may not remove, modify or alter any copyright, trademark or patent notice from any product delivered by us. You agree not to undertake any action that will interfere with or diminish our right, title or interest in our Intellectual Property.
The following policy has been adopted pursuant to the Digital Millennium Copyright Act (found at http://lcweb.loc.gov/copyright/legislation/dmca.pdf/):
The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) can be found above under Section 1. If you believe that content or material provided through the Sites or Services infringes a copyright, please send a notice containing the following information to the Designated Agent:
Certain functionality of the Sites or Services, including our proprietary newsletter, will be provided to Users who enter into the Subscription Agreement [insert link to Subscription Agreement here]. The terms of the Subscription Agreement will govern your use of the content provided thereby. Such Users will be provided a unique User ID and password combination (“User Credentials”) and who will have provided Identity Information and/or Credit Card Information (collectively, a “User Account”). You represent and warrant that all account information is truthful and accurate and you will update such information to ensure its accuracy. You may update your personal information through our sites or by contacting us via the contact information provided above.
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.
We will utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. Your subscription pursuant to the Subscription Agreement is subject to any additional terms and conditions imposed by such third-party payment processors. The subscription fees and any applicable fees or taxes shall be applied to your chosen method of payment upon submission of your order. [NOTE: identify and/or insert link to third party/payment systems here]
Certain credit and debit card information, including your card information, phone number, address, name and email address (“Credit Card Information”) will be encrypted and received via a secure page operated by [PayPal or another third party selected by us]. You represent and warrant that you are an authorized signatory of the credit or debit card or other method of payment that you provide to the third-party payment processor to pay any fees or taxes related to your purchases of products or services through our Sites or Services.
Your purchase will be governed by the terms of our third party payment processor. If you desire to supply Credit Card Information or Identity Information to our third party payment processor, you do so at your own risk. We strongly recommend you review the policies of any third party before providing such information.
Upon the purchase of a subscription or other service rendered by Blue Tide through the Sites or Services, Blue Tide will provide availability and access to the particular service requested. Your participation in, or failure to use such service will not entitle you to a refund.
Prices and availability of subscriptions are subject to change without notice but will only be applicable after the expiration of your current subscription term. Errors will be corrected where discovered, and Blue Tide reserves the right to revoke any stated offer and to correct errors, inaccuracies or omissions, including after an application for a subscription has been submitted and whether or not your payment method has been accepted and charged. If your payment method has been accepted and charged, Blue Tide will issue you the appropriate credit within a reasonable time.
Users may terminate receipt of subscription acquired through the Subscription Agreement solely pursuant the terms thereof. Users may terminate any free service publications at any time by sending Blue Tide a request for removal from the relevant distribution list. All free service publication emails will include a link allowing a User to unsubscribe.
Blue Tide reserves the right to terminate your access to the Sites or Services at any time. Such termination may result from a violation of the Terms or other referenced agreements, unauthorized use or reproduction of any publication or information, or any other reason.
These Terms 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 these Terms or their 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.
Blue Tide is not liable or responsible for any failure or delay in performance of any of our obligations under these Terms that is caused by a Force Majeure Event. A “Force Majeure Event” means any act or event beyond our reasonable control, including strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. If a Force Majeure Event takes place that affects the performance of our obligations under these terms we will contact you as soon as reasonably possible to notify you. Our obligations under these terms will be suspended and the time for performance of our obligations will be extended for the duration of a Force Majeure Event.
IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.
You agree to indemnify, defend, and hold harmless Blue Tide, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (a) your access to or use of our Sites or Services, (b) your violation of the Terms, and (c) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Blue Tide reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Blue Tide. Blue Tide will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
These Terms are in addition to any other agreements between you and Blue Tide.
We reserve the right at any time to: modify, suspend or discontinue our Sites or Services or any service, content, or product offered through our Sites or Services, with or without notice; charge fees in connection with the use of our sites; modify or waive any fees charged in connection with our Sites or Services; or offer opportunities to some or all users of our Sites or Services. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Sites or Services, or any service, content, or product offered through our Sites or Services.
Each of the paragraphs of these Terms 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 these Terms, 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.
We may terminate these Terms at any time without notice, and accordingly may deny you access to our Sites or Services, if in our judgment you fail to comply with any term or provision of these Terms. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
© 2016 Blue Tide Investments, LLC. All rights reserved.
Last updated November 10, 2016