Terms of Use


Welcome to the lepereanalytics.com web site (the "Site") owned and operated by Lepere Analytics Ltd. Lepere Analytics Ltd is an independent, privately held research firm registered in the United Kingdom. Lepere Analytics may be referred to herein collectively as "we," "us" or "our." The Site and the data, information, products, materials, services and other content available on or through the Site (collectively, the "Content") contains a variety of information about Lepere Analytics, including information about its investment research services ("Research Services").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. THE INVESTMENT RESEARCH AND SERVICES DESCRIBED ON THE SITE ARE NOT INTENDED FOR DISTRIBUTION TO, OR USE BY, AND ARE IN PARTICULAR NOT DIRECTED TO, ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LAW OR REGULATION, WOULD OBLIGATE LEPERE ANALYTICS TO COMPLY WITH ADDITIONAL RULES OR WHICH WOULD SUBJECT LEPERE ANALYTICS OR ANY OF ITS AFFILIATES TO ANY REGISTRATION OR LICENSING REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY. THE INFORMATION ON THIS SITE IS NOT SPECIFICALLY DIRECTED TO A RESIDENT OF ANY COUNTRY OR STATE, INCLUDING, WITHOUT LIMITATION, THE UNITED STATES OR ANY STATE THEREIN, IN WHICH SUCH INFORMATION WOULD CONSTITUTE AN UNLAWFUL PUBLICATION OR DISSEMINATION OF INVESTMENT RESEARCH OR ADVISORY INFORMATION OR OTHERWISE PROHIBITED IN SUCH COUNTRY OR STATE.

The Content is not intended to be and shall not be construed as, an offer, or the solicitation of any offer, to purchase any investment research product. If you are a non-U.S. person (see Section XIV), you may become a "Registered User" of the Site.

I. TERMS AND CONDITIONS

By accessing, viewing or using the Content you indicate that you understand and intend these Terms of Use to be the legal equivalent of a signed, written contract and equally binding, and that you accept these Terms of Use and agree to be legally bound by them.

The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to and understanding of all such terms, conditions, and notices. We reserve the right to change the terms, conditions, and notices under which the Site and the information and services offered through the Site are offered without further notice to you. Your continued use of the Site will signify your agreement with and understanding of any additional or modified terms, conditions or notices applicable to the Site.

While the information contained on the Site has been obtained from sources believed reliable, and we use reasonable efforts to update this information, neither we nor any information provider that we use makes any representation or warranty as to the accuracy, reliability, timeliness or completeness of any information at the Site or the results that have or may be obtained from its use. Any content at the Site is subject to change without notice.

II. LICENSE

The Site and the Content are provided by us as a service to you. In order to access and use the Site, you are granted a limited, nonexclusive, revocable and nontransferable license to view the Content on the Site on your computer conditioned on your continued compliance with these Terms of Use.

You may not modify, copy, distribute, broadcast, transmit, display, reproduce, publish, license, mirror, lease, create derivative works from, transfer, sell or otherwise use, in any medium, any information, products, services or material obtained from or through the Site, except you may, for your solepersonal use and information, access, store and print a reasonable number of copies of limited portions of the Content solely for your own personal, and not commercial, purposes. If you print any pages from the Site, you agree to keep intact all copyright and other proprietary notices we had placed on those pages. As a further condition of use of the Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use and you will comply with any applicable local, state, national, or international laws or regulations when using the Site.

Nothing at the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any image, trademark, logo or service mark at the Site. No act of downloading, storing, accessing, using, or otherwise copying from the Site will transfer title to any software or material at the Site to you. You may not decompile, reverse engineer, disassemble, or otherwise reduce any computer files obtained from the Site to a human-perceivable form. Anything that you transmit to the Site becomes our property, may be used by us for any lawful purpose (subject to any further agreement between us and you), and is further subject to disclosure as deemed appropriate by us, including to any legal or regulatory authority to which we are subject. We reserve all rights with respect to copyright and trademark ownership of all material at the Site, and will enforce such rights to the full extent of the law.

III. USE OF SITE

The information on the Site is intended for informational, educational and research purposes only. We do not provide recommendations, financial, legal, tax or investment advice or any other advice to you or any other party through the Site, and no information or material at the Site is to be relied upon for the purpose of making or communicating investment or other decisions. Accordingly, we do not offer advice regarding the quality or suitability of any investment or of any investment manager and assumes no responsibility or liability for any investment decisions or advice, treatment, or services rendered by any person or entity mentioned, featured on or linked to the Site. We are not responsible for an investor's investment decisions.

Nothing on this Site is intended to be a recommendation or advice or an offer, or the solicitation of any offer, to buy or sell any security or an endorsement or inducement to invest with any investment product or investment manager.

The Content is as of the date(s) indicated, is not a complete description of any investment service. Certain of the Content has been furnished by third parties, and although believed to be reliable, has not been independently verified and its completeness and accuracy cannot be guaranteed.

Any Content consisting of statements, assessments or assumptions ("Statements") non-factual in nature, including those regarding possible future events, strategies, opportunities or growth, constitute only subjective views, beliefs, opinions or intentions, as of the date shown, which are subject to change due to a variety of factors, including fluctuating market conditions. No representation is made that such non-factual Statements are now, or will continue to be, complete or accurate in any way. Future evidence and actual results could differ materially from those set forth in, contemplated by, or underlying these Statements. Such non-factual Statements should not be construed as an investment recommendation or advice, should not be relied on and involve inherent risks and uncertainties, both general and specific, many of which cannot be predicted or quantified and are beyond Lepere Analytics' control.

IV. PRIVACY POLICY

We consider your personal data to be private. All information collected in connection with or in the course of your using the Site (including your qualification as a Registered User of the Site) or otherwise, including any individual logging or click-stream data gathered in the course of navigating the Site, is strictly for our internal purposes and will be kept confidential at all times. In addition to information we may collect directly from you, we may capture and record information on our server logs from your browser when you interact and use the Site including your IP address, cookie information and the page(s) you request regarding your IP address generally for use in administering the Site, customizing the content you see, fulfilling your requests for certain services and information, and contacting you. Cookies are alphanumeric identifiers that we may transfer to your computer hard drive through your Web browser to enable our systems to recognize that browser.

Your IP address may be used to help identify you and your patterns and processes and to gather broad demographic and current interest information that we may then use for generic reports posted on the Site.

By contacting us, you may at any time opt out of receiving certain information or communications or providing certain information, or for any other reason (in each case, except for such information or communications essential to your continued use of the Site or for regulatory reasons, including qualification requirements and possible annual requalification requirements, if you decide to continue to use the Site).

V. CONFIDENTIALITY ON INTERNET

Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While we have endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from the Site over the Internet cannot be guaranteed.

Accordingly, we are not responsible for the security of any information transmitted via the Internet or for the consequences of any reliance on such information. You assume the sole and complete risk for using the Site and must make your own determination as to these matters.

VI. SECURITY OF SITE

Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, we reserve the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by appropriate governmental, regulatory and law enforcement organizations in connection with applicable law, including the investigation or prosecution of possible criminal activity on the Site. We will also comply with all lawful court orders and governmental, regulatory and law enforcement requests involving such information.

VII. LINKS TO OTHER SITES

We may provide links, in our sole discretion, to other sites on the World Wide Web for your convenience in locating related information and services or otherwise. We have not reviewed the content of any site owned by a third party that may be linked to the Site and exercise no control over such sites. We are not responsible for the privacy practices or the content of such web sites.

Accordingly, Lepere Analytics and its respective affiliates and each of their respective officers, directors, members, partners, shareholders, employees, agents, advisors and representatives (collectively, "We and Our Affiliates" or as the context requires, "Us and Our Affiliates") expressly disclaim any liability or responsibility for the content or services of any web site owned by a third party that may be linked to this Site, whether such link is contained on this Site or provided by a third party. No judgment, representation or warranty, express or implied, is made with respect to the accuracy, timeliness, or suitability of the content or services of any web site to which this Site may link, including information on such web site regarding us, and we take no responsibility therefore. If we provide access to other web sites, we are not recommending or endorsing the purchase or sale of any security issued by, or financial or other services provided, issued or endorsed by, such web site's sponsoring organization or its affiliates or such web site's advertisers. Your use of such third party sites is at your own risk based upon such due diligence as you have determined is appropriate. We and Our Affiliates shall not be responsible for any loss or damage of any sort incurred as a result of any dealings you may have with respect to such third party or third party web sites or as the result of the presence of any links to such third party web sites. See also "Additional Disclaimers" below.

VIII. EVENTS BEYOND OUR CONTROL

You expressly absolve and release Us and Our Affiliates from any claim of harm resulting from a cause beyond our control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist attacks, or governmental restrictions.

IX. ADDITIONAL DISCLAIMERS

THE CONTENT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE CONTENT HAS BEEN GATHERED AND DERIVED FROM SOURCES BELIEVED TO BE RELIABLE, HOWEVER WE HAVE NOT INDEPENDENTLY VERIFIED THE INFORMATION AND MAKE NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, OF ANY KIND WHATSOEVER, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING REGARDING THE ACCURACY, TIMELINESS, VALIDITY OR COMPLETENESS OF THE INFORMATION, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OR THAT THE CONTENT WILL REMAIN UNINTERRUPTED. WHILE WE MAKE NO COMMITMENT TO UPDATE THE CONTENT, WE RESERVE THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANY TIME, WITHOUT NOTICE. WE RESERVE THE RIGHT TO MAKE UNAVAILABLE AT ANY TIME THIS SITE OR THE CONTENT. THIS SITE AND ITS CONTENT ARE OUR PROPERTY AND/OR OUR VENDORS, DATA PROVIDERS AND/OR OTHER THIRD PARTY SOURCES, AND IS PROTECTED BY COPYRIGHT, TRADE SECRET AND OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS.

WE FURTHER ASSUME NO RESPONSIBILITY, AND MAKE NO WARRANTIES, THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES TO, VIRUSES THAT MAY INFECT, OR SERVICES, REPAIRS OR CORRECTIONS THAT MUST BE PERFORMED, ON YOUR COMPUTER OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESSING OR USE OF THE SITE. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

THE INFORMATION ON THE SITE IS INTENDED FOR INFORMATIONAL, EDUCATIONAL AND RESEARCH PURPOSES ONLY. ACCORDINGLY, WE DO NOT RECOMMEND, SOLICIT OR OFFER ANY INVESTMENT THROUGH THE SITE AND WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY INVESTMENT DECISIONS, ADVICE, LOSS OF PROFITS, COSTS OR ANY OTHER INDIRECT DAMAGES RELATING TO THE SUITABILITY, ADEQUACY, VALIDITY, ACCURACY, TIMELINESS, DELAY, COMPLETENESS OR USE OF ANY INFORMATION ON THE SITE. WE ALSO DO NOT OFFER ADVICE REGARDING THE QUALITY OR SUITABILITY OF ANY INVESTMENT RESEARCH SERVICE, PRODUCT OR ADVICE, TREATMENT, OR SERVICES RENDERED BY ANY INSTITUTIONAL INVESTOR, EXPERT PANELIST, BROKER DEALER, INVESTMENT ADVISER, INVESTMENT MANAGER, INVESTMENT PROFESSIONAL, ADVERTISER OR ANY OTHER PERSON FEATURED, MENTIONED OR ADVERTISED ON THE SITE. WITH RESPECT TO ANY PERFORMANCE DATA PRESENTED ON THE SITE, YOU SHOULD NOTE THAT PAST PERFORMANCE IS NOT NECESSARILY AN INDICATION, AND IS NOT A GUARANTEE, OF FUTURE PERFORMANCE.

X. LIMITATION OF LIABILITY AND INDEMNITY

Under no circumstances, including, but not limited to, negligence, shall We and Our Affiliates be liable for any special or consequential damages that result from the use of, or the inability to use, the Content or the Site, even if We and Our Affiliates have been advised of the possibility of such damages. In no event will We and Our Affiliates have any liability to you for damages, losses or causes of action (whether in contract, tort, including, but not limited to, negligence, or otherwise) for accessing or using the Site.

You agree that your breach of these Terms of Use may result in irreparable harm to us which cannot be compensated by money damages, and that, in addition to our rights and remedies otherwise available at law, we shall be entitled to obtain injunctive or equitable relief for any such breach. You waive any requirement for the posting of a bond or other security if we seek such injunction or equitable relief.

You agree to defend, indemnify, and hold harmless We and Our Affiliates and their respective attorneys, licensors, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of the Site, any arrangements you make based on the information available or through the Site, and any breach by you of these Terms of Use or other improper act or omission.

XI. GOVERNING LAW AND CHOICE OF VENUE

These Terms of Use has been made in and will be construed and enforced in accordance with the laws of the United Kingdom, without giving effect to conflict of law principles. Any action to enforce these Terms of Use may be brought in the courts located in London, England, and all parties to these Terms of Use expressly agree to be subject to the jurisdiction of such courts.

XII. TERMS AND TERMINATION

These Terms of Use take effect at the time you begin using the Site, thereby indicating acceptance of these Terms of Use, and, at each use thereafter, you shall be deemed to have reaffirmed your acceptance of these Terms of Use. We reserve the right at any time in our sole discretion to deny you or any Registered User access to the Site or any portion thereof and to terminate these Terms of Use. Termination will be effective without notice.

XIII. MISCELLANEOUS

Failure to insist on strict performance of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance. No waiver by us of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. No waiver by us shall be effective unless in writing.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, governing law, choice of venue and the liability limitations set forth above, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these Terms of Use, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of these Terms of Use, and, if possible, the then invalid or unenforceable provision will be deemed superseded and replaced by a valid, enforceable provision that most clearly matches the intent of the original provision. Any rights not expressly granted herein are reserved.

The Terms of Use and other terms and conditions, disclaimers, notices and similar provisions that may be applicable to you regarding the Site (all of which are hereby incorporated as if set forth fully herein), represent the entire agreement between us and you with respect to use of and Content available on or through the Site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between us and you with respect to the Site. If you become a Registered User, A printed version of these Terms of Use shall be admissible in any court, suit, hearing or other proceeding to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

XIV. DEFINITION OF U.S. PERSON

  • A "non-U.S. person" means any person who is not a U.S. person. A "U.S. person" means: Any natural person who is a citizen of, or resident in, the United States;
  • (ii) Any partnership, corporation or other entity organized or incorporated in, or under the laws of the United States, or which has its principal place of business in, the United States;
  • (iii) Any estate of which any executor or administrator is a U.S. person, or the income of which is subject to U.S. income tax, regardless of source;
  • (iv) Any trust of which any trustee is a U.S. person, or the income of which is subject to U.S. income tax, regardless of source;
  • (vi) Any agency or branch of a foreign entity located in the United States, or the income of which is subject to U.S. income tax, regardless of source;
  • (vii) Any non-discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary for the benefit or account of a U.S. person;
  • (viii) Any discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary organized, incorporated, or (if an individual) resident in the United States; and
  • (ix) Any partnership or corporation if:
    • (A) organized or incorporated under the laws of any foreign jurisdiction; and
    • (B) formed by a U.S. person principally for the purpose of investing in securities not registered under the U.S. Securities Act of 1933, unless it is organized or incorporated, and owned, by accredited investors (as defined in Rule 501(a) of Regulation D) who are not natural persons, estates or trusts.
  • Any person defined as such under Part 4 of the rules of the Commodity Futures Trading Commission. Notwithstanding the foregoing, the following are not "U.S. persons":
  • Any discretionary account or similar account (other than an estate or trust) held for the benefit or account of a non-U.S. person by a dealer or other professional fiduciary organized, incorporated, or (if an individual) resident in the United States;
  • (ii) Any estate of which any professional fiduciary acting as executor or administrator is a U.S. person if;
    • (A) An executor or administrator of the estate who is not a U.S. person has sole or shared investment discretion with respect to the assets of the estate; and
    • (B) The estate is governed by foreign law;
  • (iii) Any trust of which any professional fiduciary acting as trustee is a U.S. person, if (A) a trustee who is not a U.S. person has sole or shared investment discretion with respect to the trust assets, and (B) no beneficiary of the trust (and no settlor if the trust is revocable) is a U.S. person;
  • (iv) An employee benefit plan established and administered in accordance with the law of a country other than the United States and customary practices and documentation of such country;
  • (v) Any agency or branch of a U.S. person located outside the United States if:
    • (A) The agency or branch operates for valid business reasons; and
    • (B) The agency or branch is engaged in the business of insurance or banking and is subject to substantive insurance or banking regulation, respectively, in the jurisdiction where located; and
  • (vi) The International Monetary Fund, the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, the United Nations, and their agencies, affiliates and pension plans, and any other similar international organizations, their agencies, affiliates and pension plans.