ASYM 500 LLC

TERMS OF USE

THESE TERMS OF USE WERE LAST UPDATED ON JUNE 1, 2023

PLEASE SCROLL DOWN AND READ THESE TERMS OF USE IN THEIR ENTIRETY BEFORE YOU USE THE SITE. These Terms of Use, together with any documents incorporated herein (these “Terms of Use”), are entered into between you and Asym 500 LLC (“Asym 500”, “we” or “us”) and govern your use of www.asym500.com (the “Site”), a website owned and operated by Asym 500, including any financial market commentary or other reports contained on or accessible through the Site (the “Reports”) and the other content, functionality and services offered on or through the Site (collectively with the Site and the Reports, the “Content”). By accessing or using the Site, you signify that you have read, understood, and agree to be bound, and to abide, by these Terms of Use. If you do not agree to all of these Terms of Use, you may not use or access (or continue to use or access) the Site or the Content.

1.               Changes to Terms of Use. We may change these Terms of Use at any time, in our sole discretion, and without prior notice to you.  Revised Terms of Use will be posted on this page and shall indicate at the top of the page the date these Terms of Use were last revised. Any such changes are effective immediately when so posted and your use of the Site or the Content after changes are made to these Terms of Use means that you agree to be bound by such changes. As our business evolves, these Terms of Use may change accordingly. You should check the Site frequently to see recent changes.

2.               Subscriptions. In order to receive access to certain Content, including the Reports, you may be required purchase a subscription (a “Subscription”) and enter into a separate subscription agreement with Asym 500 (a “Subscription Agreement”). In the event of any conflict between such a Subscription Agreement and these Terms of Use, the Subscription Agreement shall control.

3.               Site Account and Authorized Users.

(a)             You may be required to create a Site account in order to purchase a Subscription. When creating such account you must provide accurate and complete information, and keep such information up to date. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy located at www.asym500.com/privacy-policy (“Privacy Policy”), and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You may never use another subscriber’s account, or permit any unauthorized third parties to use your account, without permission from us.

(b)             Your employees or contractors may, if permitted by a Subscription Agreement, access the Content using your Subscription (“Authorized Users”). You agree to provide us with the name of each Authorized User, at our request. Additional users are subject to the prior approval of Asym 500 and appropriate adjustment of the Subscription fee. We have the right to disable any user name, password, or other identifier of any Authorized User, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you or such Authorized User has violated any provision of these Terms of Use.

(c)             If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not, or permit your Authorized Users to, disclose such information to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

(d)             We reserve the right to investigate any possible violations of these Terms of Use. We may suspend or terminate your, or your Authorized User’s, use of our Site or any Content and the licenses granted herein authorizing your use of our Site, including any Content, at any time for any or no reason, including, but not limited to, if we reasonably believe you have violated these Terms of Use. You agree that all terminations shall be made in Asym 500’s sole discretion and that Asym 500 shall not be liable to you or any third party for any termination of your use as permitted herein.

4.               The Content. 

(a)             The Reports constitute financial newsletters of general and regular circulation which do not offer individualized investment advice attuned to any specific portfolio or any person’s or entity’s particular needs. No mention of a particular security or other investment product on the Site or in any Report constitutes a recommendation to buy, sell, or hold that security or investment product, or that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person or entity. Any reliance you place on such information is strictly at your own risk.  Asym 500 is not a registered broker-dealer or investment adviser.  BEFORE SELLING OR BUYING A SECURITY OR OTHER INVESTMENT PRODUCT, YOU SHOULD CONSULT WITH A QUALIFIED BROKER OR OTHER FINANCIAL PROFESSIONAL TO VERIFY PRICING INFORMATION AND TO SOLICIT ADVICE AS TO THE APPROPRIATENESS OF A GIVEN TRANSACTION OR INVESTMENT.

(b)             We reserve the right to withdraw or amend the Site, and any service or Content we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site or its Content is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including Authorized Users. You are responsible for both: (i) making all arrangements necessary for you to have access to the Site; and (ii) ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them. Further, you are responsible for any fees or charges incurred to your account by accessing the Site through an Internet access provider or other third party service.

5.               Proprietary Rights.

(a)             The Site and its Content, features and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Asym 500 and (i) were developed, compiled, prepared, revised, selected and arranged by Asym 500 through the application of methods and standards of judgment developed and applied through the expenditure of substantial valuable time, effort and money; (ii) constitute valuable intellectual property and trade secrets of Asym 500; (iii) are an original compilation protected by United States copyright laws; and (iv) are otherwise protected by international and domestic copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The intellectual property and all other rights in and to the Site and Content shall remain the exclusive property of Asym 500.

(b)             You acknowledge and agree that you have no ownership in or to the Site or the Content and that no such rights are granted to you by use of the Site or under these Terms of Use except that, subject to your compliance with these Terms of Use you may use the Site and any free or purchased Content for your personal, internal business use only.

(c)             You agree to notify us in writing promptly upon becoming aware of any claim that the Site or the Content infringes any patent, copyright, trademark, or other contractual, statutory, or common law rights.

(d)             You agree not to sell, publish, license, rent, modify, distribute, copy, reproduce, republish, transmit, retransmit, publicly display, adapt, edit, create derivative works from, or otherwise provide access to the Content or any other materials created by Asym 500 to any person or entity other than an Authorized User without our prior written consent.  We do not intend to benefit any third-party recipient of the Content or create any legal duty from us to a third party even if we consent to the release of the Content to such third party.

(e)             The Asym 500 name, the Asym 500 logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Asym 500 or its affiliates or licensors. You must not use such names or marks without the prior written permission of Asym 500. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

(f)              To request consent for uses of the Content and the Site not expressly permitted by these Terms of Use, please contact us at rfishman@asym500.com.

6.               Prohibited Uses. You agree not to:

(a)             create abstracts from, scrape, frame, or display headlines from our Content for use on another website or service. Without limiting the generality of this section, you agree not to post any Content to newsgroups, mail lists or electronic bulletin boards, without our prior written consent;

(b)             delete or alter any copyright, trademark, or other proprietary rights notices contained on any Reports or other Content delivered to you;

(c)             use the Site or Content for any unlawful purpose. We reserve the right to terminate or restrict your access to the Site or any Content  at any time and without notice if, in our opinion, your use of the Site or such Content may violate any laws, infringe upon another person’s rights or violate these Terms of Use;

(d)             use the Site or Content for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

(e)             use the Site or Content to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;

(f)              use the Site or Content to impersonate or attempt to impersonate Asym 500, an Asym 500 employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);

(g)             engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Asym 500 or users of the Site, or expose them to liability;

(h)             use the Site or Content in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;

(i)              use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;

(j)              use any manual process to monitor or copy any of the Content or other material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;

(k)             use any device, software, or routine that interferes with the proper working of the Site;

(l)              introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

(m)           attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;

(n)             attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or

(o)             otherwise attempt to interfere with the proper working of the Site.

7.               Information About You and Your Visits to the Site. All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

8.               Links.

(a)             You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. Subject to the foregoing, you must not: (i) establish a link from a website that is not owned by you; (ii) cause our Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; (iii) link to any part of our Site other than the homepage; or (iv) otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

(b)             If the Site contains links to other sites and resources provided by third parties, these 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 this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

9.               Geographic Restrictions. The owner of the Site is based in the State of New York in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

10.            Disclaimers of Warranties; Limitation of Liability.

(a)             Our Site may include or make available to you information or content provided by third parties. We are not responsible or liable to you or to any third party, for the content or accuracy of any such information or content. We may provide links to websites or other applications, including those operated by third parties (“Third Party Tools”) for your convenience and information. These Third Party Tools are mere suggestions, based on our prior experience using them; you are not obligated to use these Third Party Tools, and any use of such Third Party Tools shall be at your sole discretion and responsibility.  All of these Third Party Tools operate independently from us, and we do not control their terms of use or their operation. We encourage you to review the terms of use and privacy policy of any Third Party Tools that you use to better understand the terms and conditions of their use and applicable privacy policies.

(b)             YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE AND THE CONTENT IS ON AN “AS-IS”, “AS AVAILABLE” BASIS.  ASYM 500 AND ITS SUBSIDIARIES, AFFILIATES, EQUITY HOLDERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND CONTRIBUTORS AND LICENSORS (TOGETHER, THE “ASYM 500 PARTIES”) HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE ASYM 500 PARTIES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.

(c)             YOU ACKNOWLEDGE AND AGREE THAT THE ASYM 500 PARTIES WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, ARISING FROM YOUR ACCESS OR USE OF THE SITE, CONTENT, OR THE REPORTS, OR ANY INVESTMENT DECISIONS BASED THEREON, EVEN IF THE ASYM 500  PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.

(d)             TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ASYM 500 AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $500 OR THE AMOUNT YOU HAVE PAID TO ASYM 500 FOR THE APPLICABLE CONTENT OUT OF WHICH SUCH LIABILITY AROSE.

11.            Indemnification. You agree to defend, indemnify and hold harmless the Asym 500 Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your use of the Site or Content; (ii) your violation of these Terms of Use or use of the Site or Content in violation of any other contract between you and Asym 500; or (iii) your violation of the rights of a third party, violation of law, or any negligent acts, omissions or willful misconduct by you. We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will fully co-operate, at your expense, as required by us, in the defense of any relevant claim. This Section 11 does not require you to indemnify Asym 500 for any unconscionable commercial practice or any fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact, on the part of Asym 500, in connection with our Site.

12.            Email Communications.  By providing Asym 500 with your e-mail address you consent to Asym 500’s using the email address to send you notices, including any notice required by law, in lieu of written communication by postal mail. The Site may contain generally available means by which users can contact us.  Please note that any personal or contact information that you may provide to us through such means will be governed by our Privacy Policy.  Although we encourage visitors to contact us through our Site, please do not submit any information that you consider to be confidential or proprietary via such means. For the sake of avoiding any confusion or misunderstanding, please note that all information, ideas, suggestions, improvements or other communications you transmit to us via the Site shall be on a non-confidential basis and shall become the property of Asym 500.  Asym 500 and those it authorizes shall be free to reproduce, use, disclose or distribute such communications without limitation, compensation to you, or other obligation.

13.            Miscellaneous.  These Terms of Use, including our Privacy Policy and any other documents incorporated by reference herein, including the Subscription Agreement between you and Asym 500, contain the final and entire agreement between you and Asym 500 regarding your use of the Site and the Content and supersede all previous and contemporaneous verbal or written negotiations, understandings, or agreements regarding your use of the Site or Content. We may discontinue or change the Site or Content, or their availability to you, at any time. These Terms of Use are personal to you, which means that you may not assign your rights or obligations under these Terms of Use to anyone and any purported assignment in violation of the foregoing shall be void. No third party is a beneficiary of these Terms of Use. You agree that these Terms of Use, as well as any and all claims arising from these Terms of Use, the Site or the Content, will be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of New York. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the County of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.  If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. All provisions of these Terms of Use, which by their nature should survive, shall survive termination of these Terms of Use, including, without limitation, the warranty disclaimers, limitation of liability, and indemnification provisions.

This website is operated by Asym 500 LLC.

All notices, feedback, comments, requests for technical support, and any other communication relating to the Site should be directed to: rfishman@asym500.com.