Terms and Conditions for Users of TiPMC-Solutions LLC Website
TiPMC Solutions LLC publishes the website and online reports, presentations and research papers that provide financial news and opinions, including:
- The Ti Observer™ focused on the titanium dioxide industry
• White Papers and other materials
Please read the following terms and conditions before accessing any information available through this website.
By accessing this website, you confirm that you are at least 18 years of age, and are not otherwise barred from receiving and using the content under the laws of the United States or other applicable jurisdiction. You also affirm that you are able and competent to enter into this agreement and that you will abide by and comply with these terms and conditions.
TiPMC Solutions may change the terms and conditions at any time. When changes are made, they become effective immediately following notice to you via electronic mail, conventional mail, or posting online. (You agree that such notice shall be constructive notice.)
The terms and conditions on the website shall be considered the current version. Therefore, we recommend that you review the terms and conditions frequently to ensure your compliance.
You alone are responsible for your investment decisions. We recommend that you independently verify all information contained within the newsletter, on our website(s), or other publications. Moreover, we suggest that you consider obtaining professional advice before making any investment decision.
Past performance does not guarantee future success; therefore, you should not assume that the securities of companies featured in current or future newsletters or other publication will perform at estimated levels.
All stock investments carry some degree of risk. By investing in any of the stocks of the companies profiled or mentioned in the newsletter, or other publications you can and may lose some or all of your investment. Do not invest in any stock if you are not prepared to lose your entire investment.
Via our website, www.tipmcconsulting.com, emails and other forms of correspondence, we deliver:
- Paid content (articles, reports, commentary, analysis,) written by our staff and/or independent contractors that you pay for through a subscription.
- Paid Services also include any content delivered by us, including without limitation to the TiPMC Solutions website.
The service is proprietary to TiPMC Solutions, and TiPMC Solutions has copyrighted all content provided. As a condition of your compliance with the terms and conditions, you may view the content solely for your personal, noncommercial use.
Unless you have our written authorization, you may not make commercial use of the content and may not reprint, republish or distribute content available through the website in any manner. This prohibition includes, but is not limited to, copying or printing copies of content and distributing them, downloading any content from the TiPMC Solutions website, posting any content from the website online to the Internet or any intranet, or cutting and pasting any portion of the content and forwarding copied content.
To receive the newsletter, you must first register and pay applicable subscription fees. If you register, you agree to (a) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, and (b) to maintain and update your information to keep it accurate, current, and complete. If you are unfamiliar with how to maintain and update your information you may inquire with our Customer Service department through our Contact Us web page, by telephone at +1 610 274 1603 or via email at [email protected].
As part of the registration process, you may also be asked to select a unique username and password. We may refuse to grant you a particular username for any reason, at our sole discretion. You agree to take all responsibility to maintain the conﬁdentiality of your username and password, not to share it with anyone else, and to notify us immediately at the contact information provided above if you become aware that your username and password have been compromised in any way, including loss, theft, or unauthorized disclosure of your user name or password. You agree to pay for and be responsible for all activities and purchases conducted through your account.
Scope of Service
TiPMC Solutions publishes ﬁnancial news and opinions. We are not securities broker/dealers or investment advisors. You agree that our services offer general opinions and analyses of stocks, investment securities, and markets, but we do not provide personalized investment advice. You acknowledge that the service is for general informational purposes only and does not constitute a recommendation for any investment, security, portfolio of securities, transaction or investment strategy. You further agree not to contact us by any means to attempt to seek personalized investment advice. TiPMC Solutions and our employees and agents will not advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of investments, securities, transaction, investment strategy or other matter.
While we base content on sources we believed to be reliable, we cannot and do not guarantee the adequacy, accuracy or completeness of any information, the suitability or proﬁtability of any particular investment, or the potential value of any investment or informational source. You should independently validate all information. You should not rely on the opinions provided for purposes of transacting securities or other investments. You are responsible for your own investment research and decisions, and you should consider seeking the advice of qualiﬁed securities professional before making any investment.
Although we may refer to earlier articles, reports, commentary, analysis, newsletter issues or opinions in news or marketing materials, we disclaim any obligation, implied or otherwise, to update previously published information, in whole or part. Markets change, and previously published information and data may not be current and should not be considered reliable.
Please fully read all disclaimers and disclosures contained in newsletters or elsewhere on our website.
Disclaimer of Warranties and Limitation on Liability
TiPMC Solutions endeavors to deliver timely news and as well as informed and expert opinions. However, we disclaim all warranties, express and implied, including the implied warranties of merchantability and of ﬁtness for a particular purpose with respect to the service. We neither warrant nor represent that the services or information available through our website or email correspondence will enable you to achieve any particular result or outcome, legal, economic, educational, or otherwise. You agree that TiPMC Solutions LLC and its respective principals, owners, directors, officers, employees, contract employees, independent contractors, and outside contributors will not be liable for any loss or damage allegedly caused by your reliance on information obtained in our publications.
You alone are responsible for your own investment decisions. You should independently verify all information contained within the newsletter and on our website. Again, we recommend that you consider obtaining professional advice before making any investment decision. Past performance is no guarantee of future success and you should not assume that the securities of companies profiled in current or future newsletters will perform better than or even equal to the performance of the securities of companies profiled or mentioned in earlier issues. All stock investments carry some degree of risk. If you invest in any of the stocks of the companies profiled or mentioned in the newsletter, you may lose some or all of your investment. Do not invest in any stock unless you are prepared to lose your entire investment.
Before selling or buying any stock or other investment, you should consult with a qualiﬁed broker or other ﬁnancial professional to verify pricing information. TiPMC Solutions LLC disclaims any and all liability to you arising out of interruption or damage to your computer system or software as the result of accessing or otherwise using this service. TiPMC-Solutions will not be liable for any incidental, indirect, consequential, or special damages of any kind, including lost revenues, lost proﬁts, or loss of data arising out of your use of this service. In case any of the foregoing limitations is ineffective, you agree that our maximum liability to you shall be the total of the fees that you have paid to us as a subscriber. The remedies available to you against TiPMC Solutions under this agreement are exclusive.
You agree to waive any and all rights against TiPMC Solutions and to hold the TiPMC Solutions parties harmless in connection with any claims relating to any action taken by the TiPMC Solutions parties as part of an investigation of a suspected violation of the terms and conditions, or as a result of a violation of the terms and conditions, including but not limited to the suspension or termination of your subscription.
All subscription offers from TiPMC Solutions LLC will automatically renew. You acknowledge that your subscription will continue for the initial term of the subscription (the “Initial Term”), and will renew automatically at the end of the Initial Term for successive Renewal Terms, each equal to the Initial Term, unless you are either advised by us otherwise or you notify us of your decision to cancel or not to renew your subscription, as outlined below. As part of the automatic renewal process the current subscription term renewal fee will be billed to the credit card you designated during the subscription process (or subsequently changed). However, you will receive a full refund of your renewal subscription fee if you cancel within 60 days of your subscription renewal.
You may remove the beneﬁt of automatic renewal by notifying our Customer Service Department by telephone at +1 (610) 274-1603 or via email at [email protected] Mon-Fri from 8AM-5PM (EST). Your cancellation will take effect once you receive a conﬁrmation email from us. The terms of any refunds of fees for subscriptions are provided in the offers for each product. It is your responsibility to read and understand the terms of the offer. If you have questions, please call +1 (610) 274-1603 or via email [email protected] Mon-Friday from 8AM-5PM (EST).
We hold the right to terminate your access to the service at any time at our discretion, as long as we provide a pro rata refund for any subscription. However, if we cancel your subscription because you have violated any provision of the terms and conditions, including without limitation by seeking to register and cancel multiple times in an effort to secure access to a subscription without paying applicable subscription fees, you will not be entitled to receive a refund of any portion of a fee you paid.
Code of Conduct
While using this website, you agree not to:
– Use the service for any unlawful purpose;
– Restrict or inhibit any other subscriber from using our content, including, but not limited to, means of hacking or defacing any portion of any of our website;
– Claim or imply that any statements you make are endorsed by us without our prior written consent;
– Re-subscribe multiple times to the same publication and then request multiple refunds, or re-register for multiple subscriptions under different email addresses to avoid paying for a subscription;
– Transmit any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights; any material, non-public information about companies without the authorization to do so; any trade secret of any third party; any advertisements, solicitations, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); or engage in spamming or ﬂooding;
– Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive co component;
– Modify, adapt, sublicense, translate, sell, reverse engineer, de-compile or disassemble any portion of any of our website;
– Remove any copyright, trademark, or other proprietary rights notices contained within our website;
– “Frame” or “mirror” any part of our website without our prior written authorization;
– Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the website or its contents;
– Collect information about our visitors or members without express consent; or
– Permit anyone else whose account or subscription was terminated or who has not registered or paid for our content to use any portion of our service through your subscription, username or password.
You also agree that at all times you will:
– Comply with all applicable laws, rules and regulations in connection with your use of the service and the content made available therein;
– Maintain and promptly update your registration data to keep it accurate, current and complete. If you need help maintaining or updating your information, you can contact customer service by telephone at +1 610 274 1603 or via email at [email protected]
DMCA and Copyright Infringement
We have a policy of complying with the Copyright Act and with the notice and takedown provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”). If you believe that materials hosted by us infringe your copyright, you or your agent may provide a notice as provided under the DMCA, including: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the website; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf. If you believe that a notice of copyright infringement has been wrongly ﬁled, you may submit a DMCA-compliant counter-notice.
Notices and counter-notices should be sent to [email protected]
We have a policy of terminating the accounts of repeat infringers. You agree that if your subscription is terminated for this reason that you will not attempt to establish a new account under any name, real or assumed, and further agree that if you violate this restriction by opening a new account after being terminated as a repeat infringer that you will indemnify and hold us harmless for any and all resulting liability that we may incur.
Except as provided herein, you may display a hyperlink to any free content we post, as long as any site linking to us (a) does not suggest or imply that TiPMC Solutions sponsors or endorses another website’s product, unless TiPMC Solutions has given its prior written consent; (b) does not display any of our trademarks without our prior written consent; and (c) does not copy any excerpt of TiPMC Solutions content, and (d) does not link to us in proximity to content that may be construed as distasteful, offensive or controversial. We reserve the right to withdraw permission to you to link to any non-subscription content posted by us for any reason in our sole and absolute discretion, and in such instance you agree to remove such a link. You are prohibited from displaying or linking to any subscription service unless you receive our prior written permission.
The terms and conditions are governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its principles of conﬂicts of law. You agree to personal jurisdiction by the federal and state courts located in the New Castle County, Delaware, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If you are outside the United States, you further agree that the remedy for any breach of this agreement involving unauthorized access or other infringement of our intellectual property rights shall be an award of damages equivalent to the statutory damages recoverable under the United States Copyright Act, 17 U.S.C. § 501 et seq.
If any provision of the terms and conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. The terms and conditions are not assignable, transferable or sub-licensable by you except with our prior written consent. However, we may transfer or assign this agreement. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these terms and conditions is inserted only as a matter of convenience and in no way deﬁnes or explains any section or provision hereof. This, along with our policies referred to herein, constitutes the entire agreement between us relating to the subject matter herein and supersedes any prior or contemporaneous written agreement.
TiPMC Solutions, LLC
102 Cambridge Road
Landenberg, PA 19350