Terms and Conditions
The following Terms and Conditions (“Terms” or “Agreement”) apply to all Visitors and Subscriber(s) (“you” or “yours”) who use all of both Free Content and Premium Services or Subscriptions (“Services”) published and/or provided by Hillbent-4-Futures, LLC (“Hillbent.com” or “Hillbent” or “we” or “us” or “our”) and made available at www.hillbent.com (the “Site”) or any of its related websites (the “Sites”) linking to these Terms.
Acceptance of Terms and Conditions
By visiting this Site and using it or any of our Services , you implicitly represent that you have read and agree to comply with our Terms set forth on this page, which constitutes a legal and binding agreement between you and us, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to your use of the Site and its Services. Please read them carefully before using any of our free content or subscribing to our premium subscriptions or services. If you do not agree with our Terms, then you are advised to not use this Site or any of our Services.
From time to time, we may revise or amend these Terms, without any prior notice to you. When such changes occur, the latest Terms will be posted on the Site and we will notify our readers by posting a status update on the Site and the effective date will be noted at the bottom of these Terms. You should review these Terms prior to using or viewing this Site or Services, in addition to periodically reviewing them for any changes in the event you do not read our status updates when posted. Your use of our Services after any such changes implies your acceptance of their revision(s).
Rights to Use of Services
Some sections of the Site, including both its free and premium subscription content, may only be accessible via a valid User ID and Password. In the event of such, the right to use these sections is permissible under the condition that use of them is limited to the Named User(s) only. Under no circumstances shall the use of a User ID or Password be allowed or facilitated for the benefit of any other party/person other than the registered intended User. For further clarification, “Named User” refers to the identity of the person that is provided to Hillbent.com as the subscriber to any Services of its website. You also agree to comply with U.S. law regarding the transmission of any information or data obtained from the Site or the Service in accordance with this Agreement. You also agree to not disrupt or interfere with the Site or the Service or use the Site or the Service for illegal purposes.
No Guarantees for Accuracy of Information
Our Services comprise investment market commentary, data and information which is disseminated through its publication of 1) Premium Subscription Reports; 2) Consultative Retainers; 3) Investor Tools; and 3) Market Direction Blog posts. While the information we provide in these publications or Service(s) is derived from sources deemed to be reliable and current, it is not independently verified or represented as accurate, current or complete and nor should it be relied upon as such. We do not in any way warrant or guarantee the success of any action which you take in reliance on our statements.
The Site may from time to time display links to other websites or resources sponsored by third parties as a convenience to you. We are not responsible or liable for, and do not endorse, the content or operation of such third-party websites, including but not limited to the advertising, products, services or other materials on or available from such websites or resources. Various third-party websites may provide links to this Site as well. We have not reviewed any or all of the third-party websites linked to this Site and are not responsible for the content of any off-site pages or any other websites linked to this Site. Your linking to this Site, off-site pages or other websites is at your own risk.
No Representation as Personalized Investment Advice
We do not provide individualized market advice. Our published reports and posts are for informational and educational purposes only and not to be construed as individual investment advice. Instead, they are merely an expression of sincere opinions on securities or companies which we feel may be of interest to our readers and subscribers. These opinions are subject to change without notice and are not intended to be regarded as solicitations or personalized recommendations to buy, hold, or sell securities, financial products or instruments, or deploy any specific trading strategies. The information in our publications may become outdated, and we have no obligation to update it.
Investment Suitability and Appropriate Risks
Investments and trading in the capital markets through securities, especially in high leverage instruments such as futures and options, are speculative and involve substantial risk that may not be suitable for all investors. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose.
Our publications are provided without regard to your individual investment objectives or financial circumstances and resources. Each individual investor should independently determine his/her respective investment objectives and appropriate level of risk. Any discussion of the risks contained herein with respect to any published reports or blog commentary posts should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. It is strongly recommended that you seek personal advice regarding investment or risk suitability from an independent professional investment or financial advisor and conduct further independent due diligence research before investing in or acting on information published in any of our reports.
Our Services may contain published information or data that is inappropriate or unavailable in countries or regions outside of the United States. If you choose to access our Services from locations outside of the United States, you may incur risks and solely bear responsibility to comply with any applicable local laws, by doing so.
Ownership of Securities and Efforts to Avoid Conflicts of Interests
Hillbent and any of its related entities, managers, members or employees may from time to time execute investment transactions in securities or companies mentioned in our premium published reports or subscription Services. However, in an effort to avoid potential conflicts of interests, it is our policy to disclose any long or short exposure to positions mentioned in our premium reports and subscription Services; or disclose our intentions to take such actions within the next 72 hours at the time of writing and publication.
Copyrights, Trademarks and Proprietary Rights to Intellectual Property
This Site and the Service are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the United States. The Site and the Service are also protected as collective works or compilations under U.S. copyright and other laws and treaties. All individual articles, columns, and other elements making up the Site or the Service are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in the Site or the Service.
All Services and works of authorship contained therein (including but not limited to all premium subscription publications, free reports, data, design, text, images, charts, audio, video or other data compilation or collective works, copyrights, trademarks, tradenames, service marks and other content or intellectual property or rights therein) are the property of Hillbent, except as otherwise expressly stated. You hereby acknowledge and agree that your use of any of the above does not entitle you to ownership rights of any of our intellectual property and/or its related content. Therefore, you agree not to copy, republish, upload, post, transmit, distribute, sell or otherwise send to others via email or any other medium any content made available by Hillbent and via any of its internet portals and electronic or hardcopy publications.
Furthermore, no portion of any publication derived from our Services may be extracted, summarized or reproduced without our explicit written permission. Nothing contained herein shall be construed as conferring any license or right under any of our copyrights, trademarks or other rights. The unauthorized use, reproduction or rebroadcast of any content of our Services, such as communicating investment recommendations in such Services to non-subscribers in any manner, is prohibited and shall be considered an infringement and/or misappropriation of our proprietary rights. Modification or use of our content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.
This Site is controlled and operated from the United States of America and we make no representation that any information, data or analysis contained on this Site or in the Service are appropriate for use in other locations. If you use this Site from other locations you are responsible for compliance with applicable local laws.
At times, the Site or the Service may be temporarily unavailable due to required maintenance, telecommunications interruptions, or other disruptions. Although we make every reasonable effort to minimize such downtime, we do not guarantee full availability of the Site or the Service.
Pricing, Subscriptions, Cancellations and Refunds
Pricing: If necessary, we may increase fees for Services at any time by giving thirty (30) days written notice to Subscriber(s). At any time during the term of this Agreement, we may increase Fees for our Services specified if we become aware that any information provided by you is misleadingly inaccurate. You may terminate Services or Subscriptions affected by the increase by giving written notice prior to the effective date of such increase.
Payments: All payments made to Hillbent are made through a third-party service and we are not liable for any monies lost during the transaction process, non-payment issues or declination of any credit card. If you choose to pay by credit card, unless otherwise specified, all subscriptions to the Service will be automatically renewed when they come up for renewal using the payment information we have on file, until you notify us in writing to cancel your subscription to Services.
90-day Trial Subscriptions: Subscribers may cancel at any time during a 90-daytrial period by giving written notice at email@example.com or calling 1- (310) 883-8737. You will not be asked to return anything and whatever remaining unused months will be prorated and refunded to you. This offer is reserved for new users or accounts inactive for at least one year and limited to one per household or entity per year.
Monthly Subscriptions: Monthly subscriptions are paid in advance and entitle Subscriber(s) to one month of access to the selected Service(s). All monthly subscriptions are final and non-refundable. Subscriptions may be cancelled at any time before the end of the term by email and, upon notification of your cancellation and confirmation of it by us, it will be terminated immediately and you will not incur any additional charges, but will continue to receive Service(s) until the end of the term you notify us of otherwise. Customers on the monthly plan may cancel Service at any time and reinstate it at a later date without penalty.
Quarterly Subscriptions: Quarterly subscriptions are offered on a pre-payment plan (the “Pre-Payment Plan”) and entitle Subscriber(s) to an approximate discount of 16.7%. If the quarterly subscription renewal extends over a one-year period, i.e. a subscriber signs up and makes four consecutive quarterly installments, then the effective rate is equivalent to “Buying 10 Months and Getting 2 Months Free”, thus entitlement to 12 months of access to Hillbent’s Services at the price of 10 monthly rate payments.
Quarterly subscriptions are non-refundable. For example, if a Subscriber cancels a subscription after the first three (3) months, the subscription will be terminated immediately, but there will be no prorated refund for the following three (3) months as subscriptions must be cancelled in advance of the next billing date. For example, if a you cancel a subscription after the first four (4) months, then you will not be billed for the subsequent quarter and your subscription services will be terminated at the end of month six (6). Cancellation of service under the Pre-Payment Plan also cancels all free bonus months as well, when applicable.
Annual Subscriptions: Annual subscriptions are offered on a pre-payment plan (the “Pre-Payment Plan”) and entitle Subscriber(s) to an approximate discount of 25% or bonus months, which are added to the end of the paid access period. For example, if you sign up for an offer to “Buy 9 Months, Get 3 Months Free”, this entitles you to 12 months of access to Hillbent’s Services. As a Subscriber, you would receive 9 months access for the pre-paid period plus an additional 3 months added to the end of the paid service period.
Annual subscriptions are non-refundable within the first three (3) months. For example, if a Subscriber cancels a subscription after the first three (3) months, the subscription will be terminated immediately, and you will receive a prorated refund for the remaining six (6) months; or if a subscriber cancels a subscription after the first four (4) months, then you will receive a prorated refund for the remaining five (5) months. Cancellation of service under the Pre-Payment Plan also cancels all free bonus months as well.
Cancellations: Subscriber may cancel Services without reason and at any time (with exception to Annual Pre-Paid Plans which require a 3-month minimum) provided AT LEAST 14-BUSINESS DAYS notice is given prior to subscription renewal date by sending us an email at firstname.lastname@example.org on our contact form. It is your responsibility to follow-up if your cancellation request is not acknowledged by us via email within 72 hours of your request. Cancellations initiated within this 14-day business period will be billed for the next cycle. Cancellation of service is not official until you receive e-mail confirmation from Hillbent.com. In the rare event that you do not receive a cancellation confirmation within 3 business days of your request (excluding weekends and holidays), you must resubmit your request via email to email@example.com.
Please note that all sales are final and we do not issue prorated credits or refunds for the unused portion of subscription fees (except as described above for Annual Pre-Paid Plans). All cancellation notices shall be submitted via the contact page on Hillbent.com as outlined above per the “Cancellations” section. Otherwise, your credit card will continued to be billed under all applicable plans on a recurring basis, in advance unless you cancel your subscription 14 business days prior to your membership renewal.
Governing Law and Interpretation
This Agreement and your use of the Site and Service will be governed by the laws of the State of California, as applied to contracts entered into between California residents and performed in California. Any dispute arising out of this Agreement or your use of the Site or the Service will be heard only in the state or federal courts located in Los Angeles County, California USA, and you consent and submit to the personal jurisdiction of such courts.
If any provision of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Agreement will remain in force. This Agreement states the entire agreement between you and us relating to use of the Site or the Service. This Agreement may not be amended except as provided above.
Effective date as of November 21, 2016