Terms and Conditions of Use
We recommend that you carefully read these Terms and Conditions of Use (this “Agreement”) that govern your access to and use of the New Constructs’ Website and the information, financial tools reports and materials contained in it (this “Site”). This Agreement supplements any other agreement between you and New Constructs, LLC. By accessing and using this Site, you agree to be bound by the terms of this Agreement. New Constructs may change the terms of this Agreement at any time without notice. Any change will be posted at www.newconstructs.com under “Terms of Use”. Your use of this Site after any changes have been posted will constitute your agreement to the modified Terms and Conditions of Use. Therefore, you should read these Terms and Conditions of Use from time to time for changes. This Site is not directed at, or intended for use or distribution by, any person or entity which is a citizen or resident of or located in any jurisdiction or country where such use, distribution or availability would be contrary to law or regulation or which would subject New Constructs or its officers, directors, employees, subsidiaries, agents or affiliates (collectively, “NC”) to any licensing or registration requirements within such jurisdiction or country.
No Solicitation, Offer or Recommendation
The information, financial tools and other material presented in this Site have been prepared and provided to you for informational purposes only and are not to be used or construed as an offer or a solicitation to sell or an offer or solicitation to buy or subscribe for securities or other financial instruments, nor do they constitute any advice or recommendation with respect to such securities or other financial instruments. The information and materials presented in this Site have been obtained or derived from sources believed by NC to be reliable; however, NC has not verified this information and NC does not represent that this Site is accurate, current, or complete and it should not be relied upon as such. NC shall not be liable for any loss arising from the use of the information, financial tools and other material provided through the use of this Site.
Disclaimer of Warranties; No Liability for Content
You agree that your use of the Site is at your sole risk. NC makes no warranty whatsoever to you, express or implied, regarding the security of this Site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through this Site. The information, financial tools, materials and other services provided through this Site are on an “AS IS” basis. Neither NC nor any of its third party providers shall have any responsibility to maintain or update the information and materials available on this Site or to supply any corrections or updates thereto. NC maintains the right to add, delete or modify information on this Site without prior notice. NC expressly disclaims all warranties, express or implied, regarding this Site and any results to be obtained from the use of this Site, including, but not limited to, all warranties of merchantability, fitness for a particular purpose or use and all warranties arising from course of performance, course of dealing and/or usage of trade or their equivalents under the applicable laws and regulations of any jurisdiction. NC does not warrant or guarantee, and NC shall not incur any liability (contingent or otherwise) regarding, the accuracy, timeliness, suitability, completeness, correctness, quality or availability of this Site or the information or results obtained from the use of this Site, or that this Site or such information or results will be free from inaccuracies or errors. Under no circumstances and under no theory of any law, regulation, tort, contract, strict liability or otherwise, shall NC be liable to anyone for any damages resulting from access to or use of, or the inability to access or use, this Site regardless of whether they are direct, indirect, special, incidental, consequential, punitive or damages of any character, including damages for trading losses or lost profits, or for any claim or demand by any third party, even if NC knew or had reason to know of the possibility of such damages, claim or demand.
No Liability Arising From Use
Neither NC nor any of its third party vendors will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Site, or resulting from the act or omission of any other party involved in making this Site or the data or tools contained herein, or from any other cause relating to your access to, inability to access, or use of this Site, whether or not the circumstances giving rise to such cause may have been within the control of NC or of any vendor providing software or services support. In no event will NC or any such parties have any liability, contingent or otherwise, to you or to third parties for the continued availability, completeness, delays, omissions, or interruptions in the delivery of the data and services available on this Site or for any other aspect of the performance of this Site or for any failure or delay in the execution of any transactions through this Site. NC will have no responsibility to inform you of any difficulties experienced by NC or third parties with respect to the use of the Site or to take any action in connection therewith.
No Determination of Suitability
The fact that NC has made the information and financial tools and services provided on this Site available to you constitutes neither a personal recommendation that you enter into a particular transaction nor a representation that any financial tool described on this Web site is suitable or appropriate for you. Nothing in this Site constitutes business, financial, investment, hedging, trading, legal, regulatory, tax or accounting advice. You should not make this service the primary basis for any investment decisions made by or on behalf of you, your accountants or your managed or fiduciary accounts.
Permitted Uses of this Site and our Reports
You are permitted to store, display, analyze, modify and print the information and results made available to you through this Site solely for your own internal use. You shall not disclose, publish, transmit or otherwise reproduce these information or results, in whole or in part, in any format to any third party without the express written consent of NC. You will not collect content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission. This Agreement is not intended to, and does not, transfer or grant any rights in or licenses to the information and financial tools provided in this Site other than those which are specifically granted by NC, and all rights not expressly granted by NC are reserved by and for NC or the third party providers from whom NC has obtained the information. You are required to read and abide by any additional terms and conditions that may be posted on this Site from time to time concerning information obtained from specific third party providers.
Our Site, including our reports, are not permitted to be used as data feeds or access for large amounts of data unless expressly permitted in our Licensing Agreement with the user.
Termination of Service and Pricing Policies
You may terminate your NC account and access to NC by submitting a termination request through the “Cancel My Membership” link on the Get Access page while logged into your account. We also may from time to time make changes to our prices. We will always notify you in advance of any price changes. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the New Constructs service after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing from the applicable Paid Subscription prior to the price change going into effect. More details are in our Refund, Billing and Pricing Policies.
NC may terminate or suspend your access to this Site or your membership at any time, for any reason, and without warning. NC may also terminate or suspend access to this Site immediately, without prior notice or liability, if you breach any of the Terms of Use.
Upon termination of your account, your right to use the Site will immediately cease. Termination of your account includes any or all of the following: (a) removal of access to all or part of the Site, (b) deletion of your login credentials and all related information, data, and content associated with your account, and (c) barring of further use of all or part of the NC Site.
If your account is terminated for violation of our Terms of Use, we may retain sufficient account information to maintain the termination.