Terms of Use TOC

Terms of Use TOC

1.      Agreement

2.      Privacy

3.      Ownership

4.      Billing and Cancellation (Refunds)

5.      Not an Investment Advisor – No Personalized Advice – Disclaimer

6.      Intended Audience

7.      Trademarks

8.      Site Use

9.      Compliance With Laws

10.  Indemnification

11.  Disclaimer

12.  Limitation of Liability

13.  Use of Information

14.  Copyrights and Copyright Agent

15.  Applicable Law

16.  Severability

17.  Waiver

18.  Relationship of the Parties

19.  Entire Agreement

20.  Contact Information

TERMS AND CONDITIONS OF USE

Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.

Agreement. This Term of Use agreement (the “Agreement”) specifies the Terms and Conditions for access to and use of Porter & Company, LLC’s (“Porter & Co.”) website (the “Site”) and includes its products and services (collectively “Services”).  This Agreement may be modified at any time by Porter & Co. upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.porterandcompanyresearch.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

Privacy. Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at www.porterandcompanyresearch.com.

Ownership. All content included on this site is and shall continue to be the property of Porter & Co. or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

Billing, Cancellation and Refunds

(a)   Billing

When subscribing, you will need to provide us with your name, email address, and billing and shipping addresses, as well as your credit card information. You agree to pay the applicable subscription fee as set forth on this site. Sales taxes may be charged in addition to the subscription fee. BY PLACING YOUR ORDER, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST YOUR CREDIT CARD ON FILE UNLESS YOU CANCEL.

You certify that all information you provide is accurate. You also agree to maintain and update your information as necessary so that it remains accurate and current. In the event that any information you provide is inaccurate or not up to date, Porter & Co. reserves the right to cancel your subscription.

We reserve the right to refuse or discontinue a Service to any user at any time at our sole discretion.

(b)   Cancellation

Your membership will automatically renew at the then-current rate, until you notify us of your decision to terminate your membership. Most subscriptions will renew for one-year terms, regardless of the offer under which the subscription was initiated. For subscription terms greater than three months we will email you about the length and price for your renewal before we charge you. Monthly subscription terms will be notified annually regarding future renewals. If you would like to turn off automatic renewal, or extend your subscription for additional years, please contact Member Support. BY ALLOWING FOR YOUR RENEWAL, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST YOUR CREDIT CARD ON FILE OR APPLE PAY. Accordingly, you agree that your membership fee or subscription will be billed automatically at the beginning of each renewal period at the then-current rate (plus sales tax, if applicable) to the credit card you used in your most recent transaction with us. Any subscription purchased using Apple Pay will continue to renew on Apple Pay.

Porter & Co. reserves the right to increase a Service's fees or institute new charges upon reasonable notice. Service fees are due in advance.

(c)   Refunds

All refund policies will be explicit on all order forms and order confirmations.  We ask that you carefully consider whether you want to subscribe to our Services, and that once you do, you honor your obligation to pay.  We will consider refund requests on a case-by-case basis, but refunds are generally disfavored.

Not an Investment Adviser – No Personalized Advice – Disclaimer

Porter & Co. is not an investment adviser. We rely on the publisher’s exclusion from the definition of an investment adviser under Section 202 of the Investment Advisers Act of 1940.  What that means is that Porter & Co. is a publisher only, and while we write about stocks, the stock market, businesses, and investing research, we do not provide personal or individual investment advice.

Porter & Co. does not, indeed cannot, ascertain what investments may be suitable for any individual investor.  We do not know you and we cannot give you advice. You therefore agree, in subscribing and using our Services, that any recommendation we make does not constitute a recommendation that any security or strategy is suitable for you.  If you desire personalized investing advice, you should engage a registered investment adviser.

Only you can decide whether a particular security is right for you.  You therefore agree to be solely and individually liable for any trades in which you engage using information or recommendations you learn from us.

  1. Intended Audience. This website is intended for adults only. This website is not intended for anyone under the age of 18.
  2. Trademarks. You acknowledge Porter & Co.’s exclusive rights in the Porter & Co. trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of Porter & Co. or the party that provided such intellectual property to Porter & Co. Porter & Co. and any party that provides intellectual property for the Site retain all rights with respect to any of their respective intellectual property appearing in this website, and no rights in such materials are transferred or assigned to you.
  3. Site Use. Porter & Co. grants you a limited, revocable, nonexclusive license to use this site and its Services solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products, or services in violation of any law. The use of this website is at the discretion of Porter & Co. and Porter & Co. may terminate your use of this website at any time.
  4. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
  5. Indemnification. You agree to indemnify, defend, and hold Porter & Co. and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
  6. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. PORTER & CO. DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
  7. Limitation of Liability. PORTER & CO., ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF PORTER & CO. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR PORTER & CO. WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PORTER & CO. AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO PORTER & CO. FOR THE USE OF THE WEBSITE OR ANY SUBSCRIPTION PRODUCT.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

  1. Use of Information. Porter & Co. reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
  2. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
       

(a)   An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b)  A description of the copyrighted work that you claim has been infringed;

(c)   A description of where the material that you claim is infringing is located on the Site;

(d)  Your address, telephone number, and e-mail address;

(e)   A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright 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 owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site is Brad Hoppmann who can be reached as follows:

By Mail: Porter & Co., 1217 St. Paul Street, Baltimore, Maryland 21202

By E-mail: brad@porterandcompanyresearch.com

Applicable Law. Governing Law; Venue; Actions. If there is any dispute about or involving the website or the Terms of Use, you agree that any dispute shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of Maryland.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, ANY SERVICE PROVIDED BY THE SITE, OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

  1. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
  2. Waiver. The failure of Porter & Co. to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Porter & Co. must be in writing and signed by an authorized representative of Porter & Co.
  3. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
  4. Entire Agreement. This Terms of Use constitutes the entire agreement between you and Porter & Co. and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Porter & Co. with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. Porter & Co. may revise these Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
  5. Contact Information. If you have any questions regarding these Terms of Use, please contact us:

Brad Hoppmann

Porter & Co.

1217 St. Paul Street

Baltimore, Maryland 21202

brad@porterandcompanyresearch.com

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