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Terms and Conditions for Cogent Alpha LLC

 

Introduction

Welcome to Cogent Alpha.

Cogent Alpha provides access to our markets blog, memberships to an investment newsletter, access to an investment education course, and may in future create additional services. Each of these will be referred to as a “Service”, and collectively as the “Services” for the purposes of the Terms and Conditions (“Terms”). “Premium Services” are paid-for services, such as the investment newsletter or the investment education course.

Users of cogentalpha.com (the “Website”) are referred to as “Users” in general. However, Users who have not registered their details are also sometimes referred to as “Visitors”, Users who have registered for the blog are also sometimes referred to as “Readers”, and Users who have subscribed to any premium services are also sometimes referred to as “Members” or “Subscribers”.

These Terms shall govern your use of the Cogent Alpha website, which is accessible at cogentalpha.com. These Terms will be applied fully to and affect your use of this Website. By using this Website, you agree to accept these Terms and Conditions. Minors or persons below 18 years old are not allowed to use this Website.

 

Nature of the Content

We aim to help our Members make money with the quality of our investment recommendations, but we must be clear that Cogent Alpha, the Website and all Cogent Alpha Services provide investment analysis and research only. None of the foregoing content provides personalized investment advice, nor should it be interpreted as providing such advice.

We cannot know, and do not seek to know, your personal financial situation, investment objectives, or risk appetite, so we are not in a position to provide any personalized advice whatsoever, nor do we seek to provide such advice. If you want personal advice, you should engage a registered investment advisor.

The Content of the Website, and any Services that can be accessed via the Website, should only be viewed as investment analysis, and not a recommendation that a sale or purchase of a security, or any other trade or action, is suitable for you or any other specific person. You should do your own research and make your own investment decisions, and never rely solely on the content published by Cogent Alpha.

Our Services are directed at residents of the United States of America and comply with all applicable laws and practices within the United States. We do not guarantee or warrant that our Services are appropriate for users outside the United States or permitted under the laws of any other jurisdiction.

By using our Services and/or reading our Content you agree that you are taking responsibility for your own investment decisions, and any investment research required to make those decisions. You agree that Cogent Alpha, its directors, members, and employees will not be liable for any investment decision made by you based on any information, content or other material published through our Services.

 

Intellectual Property Rights

All Content, meaning information, insight, analysis, charts, tables and/or other modes of expression, on our website and deriving from any Service that we provide is the property of Cogent Alpha LLC and/or providers of the content under license. This Content is protected by U.S. and international copyright laws.

You may not copy this Content in any form without the prior, express, written permission of Cogent Alpha, unless that is a single copy of the Content for your own personal, non-commercial, use. This means that you may not post, transmit or otherwise distribute the Content in any electronic or non-electronic form without our consent. Applications for use of Content beyond the limited exception for personal use should be made to [email protected].

Users also agree that by posting content on the Website they grant Cogent Alpha a royalty-free, perpetual, irrevocable, worldwide license to republish, distribute, display, adapt, store, sublicense and/or promote the content as Cogent Alpha shall deem appropriate. If you don’t want us to use or republish your content, then please do not post it on our Website.

Please do not publish or upload any content to our Website that you do not have the right to use in such a manner.

 

Restrictions

You are specifically restricted from all the following:

  • copying any Website material other than as stated above;
  • publishing any Website material in any other media;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • using this Website to engage in any advertising or marketing;
  • acquiring and/or distributing any user ID and/or password for this Website;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is or may be damaging to and/or impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way that may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • posting or transmitting any content that is disruptive, abusive, vulgar, profane, obscene, fraudulent, defamatory, threatening, or which discloses private matters or personally identifying information concerning any person.

Cogent Alpha reserves the right to restrict access to any or all parts of the Website at any time, in its absolute discretion.

 

Registration

If you wish to contribute to receive our markets blog in your email inbox, subscribe to Premium Services, or post to our discussion boards, you will be asked to register your basic contact details with Cogent Alpha. You can always update your account settings, including changing your email address and password, through the account management function at the top right of the website.

We ask that Users please maintain only one registration with Cogent Alpha, as using multiple accounts can mislead other Users or Cogent Alpha.

 

Premium Services

Sign Up: If you subscribe to one of our Premium Services, such as our investment newsletter or our investment education course, you will need to provide us with your full name, email address, country of residence and credit card information.

Subscription Fees: You agree to pay the subscription fee as listed on the site. Sales taxes will be charged in addition to the subscription fee, if required by applicable law. By placing your order, you provide your electronic authorization for future charges against your credit card on file unless you cancel your subscription. Cancellation can be made through the account management function.

Information Accuracy: You certify that all information that you provide is accurate, and you agree to update your information as necessary so that it remains accurate. Cogent Alpha retains the right to cancel your subscription if your information is not accurate or up to date.

Trial terms: If a service offers a free trial then you will have access to the services for the trial period free of charge. If you cancel your membership before the end of the trial period, then your credit card will not be charged. If you do not cancel your membership within the trial period, then we will charge the credit card. You can cancel your free trial by accessing your account settings through the appropriate button in the top-right corner of the Website.

If a service provides a free trial or an introductory offer, then this trial or offer is limited to one use per person within a twelve-month period.

Legacy Pricing: We value loyalty and long-term membership at Cogent Alpha, so we use “Legacy Pricing” for our Premium Services. Legacy Pricing means that when a User starts a subscription he or she locks in the pricing for that Service for as long as he or she remains a subscriber. We use the term “Legacy Price” to define the pricing rate locked in.

Automatic Billing: Upon signing up for a service, whether for a free trial, introductory pricing offer, or at the current membership rate, you will have signed up for a specified membership period, which is usually measured in a number of months. At the end of that membership period, your membership will automatically renew at your Legacy Price, until you notify us of your decision to terminate your membership [ten (10) days] in advance. By allowing for your renewal, you provide your electronic authorization for future charges against your credit card on file. Accordingly, you agree that your membership fee will be billed automatically at the beginning of each renewal period at your Legacy Price, plus sales tax (if applicable), to the credit card that we have on file.

Refunds: Refunds are available within the first 24 hours of a membership period, or in other exceptional circumstances, if an application is made to [email protected]. We do not typically allow for refunds if a subscription has continued beyond 24 hours, however, except in exceptional circumstances. The definition of “exceptional circumstances” for the purpose of this agreement is in the sole discretion of Cogent Alpha LLC.

Transfers: Memberships are personal, so you cannot transfer your membership to anyone else, except in exceptional circumstances. Please contact [email protected] for any such requests.

Discontinuations: From time to time Cogent Alpha may discontinue a Service. If we do so members agree that they will accept a refund of their unused membership time as full and final settlement of any claims that they may have for anything arising from such discontinuation.

Additional Terms of Use: Individual Cogent Alpha Services may have their own Terms and Conditions. In the event of a conflict between these general Terms and the Terms and Conditions of the individual Service, the Terms and Conditions of the Individual Service shall prevail.

 

No warranties and limitation of liability

Although we promise best efforts, we do not warrant the completeness or accuracy of the Content found on our Website or in our Services, or of that Content’s usefulness for any particular purpose.

Cogent Alpha shall not be liable for interruptions, errors, or delays in service or breaches of security due to causes beyond our control.

In no event shall Cogent Alpha LLC, or any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract, tort or any other cause of action.

Cogent Alpha LLC, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

 

Important information regarding disclaimers of liability.

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE AND PRODUCTS AND SERVICES CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. NEITHER COGENT ALPHA NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN FROM THE USE OF OUR SERVICES WILL MEET YOUR EXPECTATIONS OR THAT AND ANY ERRORS WILL BE IMMEDIATELY CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERVICES AND THE ACCURACY OR COMPLETENESS OF THEIR CONTENT.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

Indemnification and Severability

You hereby indemnify to the fullest extent Cogent Alpha LLC from and against any and/or all liability, costs, demands, causes of action, damages and expenses arising in any way from your breach of any of the provisions of these Terms.

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

 

Scope of this agreement

Assignment: Cogent Alpha LLC may assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you may not assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Privacy: All personal data is maintained in the United States under the terms of our Privacy Policy, which is also incorporated by reference.

Governing Law & Jurisdiction: These Terms will be governed by and interpreted in accordance with the laws of the State of Wyoming, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Wyoming for the resolution of any disputes.

Variation of Terms: Cogent Alpha LLC is permitted to revise these Terms at any time as it sees fit. Your continued use of this Website shall constitute your agreement to the revised Terms. We urge you to review these Terms on a regular basis.

Entire Agreement: These Terms constitute the entire agreement between Cogent Alpha LLC and you in relation to your use of the Website or any of Cogent Alpha’s Services, and they supersede all prior agreements and understandings.

 

Last Updated: April 25th, 2019.

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We’re Sorry.

Unfortunately, we cannot allow you to subscribe to Cogent Alpha.

We publish the Cogent Alpha investment newsletter in accordance with the terms outlined by the Securities & Exchange Commission here.

The law in Hong Kong does not clearly allow investment newsletters such as ours, however, and because some members of the Cogent Alpha team live in Hong Kong we need to ensure we comply with a narrow interpretation of the law in the region. Therefore, unfortunately, we cannot allow Hong Kong residents to subscribe to this service.