Fundstrat Terms of Use

Last Updated 12/9/2021

We are pleased that you have elected to visit and use this website, www.fundstrat.com (the “Website” or the “Site”), operated by, or on behalf of Fundstrat Global Advisors LLC (“Fundstrat” or the “Company”).

Fundstrat is a market-leading, independent research firm. We are experts in U.S. macro and crypto market strategy and have leveraged those fundamental insights to become leading pioneers of digital assets and blockchain research. We serve a broad array of clients around the world, including internationally recognized multitrillion dollar asset managers, hedge funds and private banks, representing some 80% of globally managed equity assets.

Please read these Terms of Use (“Terms of Use”) carefully and ensure you understand them. These Terms of Use, including all documents referenced herein, represent the entire understanding and agreement between Fundstrat and you regarding your use of this Website and supersede any prior statements or representations. This Website’s Privacy Policy is incorporated into these Terms of Use by reference and is made a part hereof. You are not authorized to use the Website if you do not agree to all or any of these Terms and Conditions.

Changes to the Terms of Use

From time to time, these Terms of Use may change. Fundstrat reserves the right to modify these Terms of Use without prior individual notice. We will post changes to the Terms of Use on this Website and changes will become effective once posted. Your continued access to or use of the Website will be deemed as acceptance by you of the then-current Terms of Use.

Please review these Terms of Use often so that you will remain abreast of our current policies.

You can tell when the Terms of Use were last modified by checking the “last updated” date that appears at the top.

Use of this Website

This Website is controlled and operated by Fundstrat from its offices in the United States of America, and is intended for use solely within the United States, and its territories and possessions. You must be 18 years of age to use this Site. Fundstrat makes no representation that this Website, or the materials contained hereon, are appropriate for users located in other countries. Those who choose to access this Site from other countries do so on their own initiative and are responsible for compliance with all laws in that country, if and to the extent that such laws are applicable.

Access to, distribution and/or use of this Website is subject to all applicable laws and regulations. To the extent that access to, distribution and/or use of this Website would be deemed illegal by applicable law, such access, distribution and/or use is prohibited. Each time you visit any area on the Website and/or register for any interactive functionality of the Website, you are deemed to have confirmed your acceptance to these Terms of Use and the Website’s Privacy Policy. If you do not agree to abide by these Terms of Use and the Privacy Policy, please do not use this Website.

By participating in the activities offered on this Site, you affirm, represent and warrant that: (a) you are 18 years of age or older and reside in the United States; (b) all information you submit via the Site shall be truthful and accurate (and you will maintain the accuracy of such information); (c) you will abide by these Terms of Use; and (d) your use of the Website shall not otherwise violate any applicable law, rule or regulation.

Fundstrat may terminate your right to access and/or use this Website at any time.

Use of Materials

Materials on this Website, including but not limited to sound recordings, images, reports, trademarks, compilations, and graphics (collectively referred to as the “Materials”), are protected under various intellectual property laws and owned or controlled by Fundstrat, or used with permission of the owner(s) of such Materials. The display of Materials at this Website does not imply that a license of any kind has been granted to you.

Fundstrat hereby grants you permission to use the Website and the Materials as set forth in these Terms of Use, provided that:

your use of the Website and Materials as permitted is solely for your personal, noncommercial use;

you will otherwise comply with these Terms of Use and applicable laws.

In order to access some features of the Website and subscribe to the services and products offered by Fundstrat through the Website, you may have to create an account. When creating an account, you must provide your accurate and complete information and you may not use a fake identity or any other individual’s identity.

Except as otherwise indicated on this Website, copying, reproducing, uploading, downloading, transmitting or any other use of this Website or of any of the Material, in whole or part, without the express permission of Fundstrat, is prohibited. You may download digital files where expressly permitted. Any unauthorized access to, use or copying of this Website and/or the Materials may subject you to liability under applicable law, and may result in legal action.

Privacy

Please see Fundstrat’s Privacy Policy for information concerning the collection and use of Personal Information from this Website.

Availability of Product Offerings

Not all of the product offerings and/or services referenced on this Website may be available to all individuals accessing this Website. Certain product offerings may not be available in all areas of the United States, and certain individuals may not be eligible for all of the product offerings referenced on this Site. Subject to applicable law, Fundstrat retains the right to determine each individual’s eligibility for such products.

Financial Disclosures

Fundstrat is an independent research company and is not a registered investment advisor and is not acting as a broker dealer under any federal or state securities laws. The research provided in the Subscription Packages and/or on the Website is for the clients of Fundstrat only. Information has been obtained from sources believed to be reliable but Fundstrat does not want warrant its completeness or accuracy. All pricing is as of the market close for the securities discussed, unless otherwise stated. Opinions and estimates constitute our judgment as of the date of this material and are subject to change without notice. Past performance is not indicative of future results. This material is not intended as an offer or solicitation for the purchase or sale of any financial instrument. The opinions and recommendations herein do not take into account individual client circumstances, risk tolerance, objectives, or needs and are not intended as recommendations of particular securities, financial instruments or strategies. The recipient of any Fundstrat generated research and/or report must make his/her own independent decision regarding any securities or financial instruments mentioned herein. Except in circumstances where Fundstrat expressly agrees otherwise in writing, Fundstrat is not acting as a municipal advisor and the opinions or views contained herein are not intended to be, and do not constitute, advice, including within the meaning of Section 15B of the Securities Act of 1934.

Links

The Fundstrat Website may contain links to other websites and to social media features (collectively, “other sites”) that are not controlled and/or maintained by Fundstrat. Access to and use of such other websites is at your own risk and subject to any Terms of Use and Privacy Policies which govern other sites. By providing such links, Fundstrat shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on other sites. Fundstrat is not responsible for the content contained on other sites, or for the failure of any product or service offered for sale or advertised on any other sites or for any damages that may result therefrom. Copyrights in the materials or information on the linked other sites are owned and/or controlled by other organizations. Moreover, such other sites may have privacy policies or terms of use that differ from those of the Fundstrat Website and/or may provide their users with less security than the Fundstrat Website. Accordingly, you should review the privacy policies and terms of use on such other sites before using them.

Account Registration and Password Responsibility

In order to access and subscribe to and/or purchase the product and service offerings on this Website, you will be required to register and to create an account and a password. As part of the process for creating such an account and password, you will be asked to confirm that you have read, consent to, and agree to be bound by the Terms and Conditions of use of this Website (including but not limited to its Privacy Policy).

If you are asked to choose a password, you will be responsible for maintaining the confidentiality of your password. You agree not to (i) use the account, username or password of any other user of the Site at any time, (ii) share your account, or (iii) disclose your password to any third party. You agree to notify Fundstrat immediately if you suspect any unauthorized access to or use of your account or password. You are solely responsible for any and all use of your account and password.

Non-Commercial Use

You may not use the Website or any Materials provided herein in connection with any commercial endeavors except those that are specifically endorsed or approved of by Fundstrat’s management.

Additional/Different Terms

Certain pages or sections of this Website may contain Terms of Use of use which are in addition to or different from these Terms of Use. In the event that there is a conflict between such additional or different Terms of Use and these Terms of Use, the additional or different Terms of Use of use will govern with respect to the specific pages or sections to which they apply.

No Specific Advice Is Provided by this Website

This Website is for general informational purposes, and is not intended to provide specific legal, accounting, tax, investment or other professional advice to any specific user. You should consult with appropriate legal advisors or other professionals with respect to your investment, retirement, and/or related financial decisions.

Limitation of Liability and Use Disclaimer

Fundstrat endeavors to make sure that all information and data it originates on the Website is accurate. However, Fundstrat is not responsible for any damages or loss related to the use of this Website or the products and/or services provided through the Website.

THIS WEBSITE, ALL MATERIAL CONTAINED ON THIS WEBSITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND TO THE FULLEST EXTENT PERMITTED AT LAW WITHOUT GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND/OR ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, ACCEPTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. Fundstrat RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS WEBSITE WITHOUT NOTICE AT ANY TIME AND TO THE FULLEST EXTENT PERMITTED AT LAW, ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. UNLESS PROHIBITED BY LAW, NEITHER Fundstrat (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, SHALL BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, Fundstrat MAKES NO GUARANTEES, WARRANTIES,REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND TO THE FULLEST EXTENT PERMITTED BY LAW ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF Fundstrat’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE SITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE.

Fundstrat is not responsible for any damages or loss related to your reliance on any outdated version of these Terms of Use, including, but not limited, to any outdated version of our Privacy Policy.

Your Responsibilities

You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all data and/or equipment.

By having clicked your acceptance of these Terms of Use and/or using this Website, you agree that you will be responsible for maintaining the confidentiality of your password and account information, and that you will restrict access to your computer to avoid disclosure of such. You further agree that you will be responsible for all activity taken under your password and/or account.

Indemnity

Unless prohibited by law, you will indemnify Fundstrat, and each of its parent, subsidiary and affiliated entities, furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) suffered, incurred or brought against any one or more of them by a third party relating to, or arising from or in connection with: (i) your breach or alleged breach of any of your representations and/or warranties set forth in these Terms of Use; (ii) your use of the Website; and/or (iii) any violation of these Terms of Use. You agree that your representations and warranties, and your obligation to indemnify Fundstrat, shall survive beyond any term for which these Terms of Use are in effect.

Electronic Communications

When you communicate with Fundstrat electronically, via email or otherwise, you consent to receive electronic communications from Fundstrat. You may opt out of receiving electronic communications from Fundstrat at any time. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Fundstrat satisfy any legal requirement that such communication be in writing. Fundstrat encourages you to retain your own copies of relevant information, however, upon your written request, Fundstrat will provide you with a copy of the information you provided to Fundstrat when creating your account. To make such a request please contact inquiry@fundstrat.com.

With respect to all communications you make to or through the Website, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Fundstrat shall have no obligation to protect your communications from disclosure; (ii) Fundstrat shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation ; and (iii) Fundstrat shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

Acquisition of Business

In the event that Fundstrat and/or any of its affiliated entities is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this Website, all data collected on this Website, and all rights of Fundstrat and its affiliated entities hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, Fundstrat will post a notice to such effect on this Website.

Contact Us

If you have any questions concerning this Website or any of the policies set forth in these Terms of Use, please contact us at:
Fundstrat
150 E 52nd St 3rd Floor, New York, NY 10022
Email: inquiry@fundstrat.com
Copyright Infringement – Notice and Take-Down Policy
Fundstrat values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this Website, you should provide the following notice to Fundstrat:
Address: Fundstrat 150 E 52nd St 3rd Floor New York, NY 10022
Electronic Mail Address: inquiry@fundstrat.com

In your notice, you must include the following:

(i) a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
(ii) identification of the copyrighted work(s) that is (are) allegedly being infringed;
(iii) identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow Fundstrat to locate such materials;
(iv) contact information (i.e., name, address, email address) sufficient to enable Fundstrat to contact you;
(v) a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.

U.S. Export Controls

Software and the products obtained through or related to this Website may be subject to United States export controls or the export controls of other countries from where you access the Site. No software or products may be downloaded from the Website or otherwise exported or reexported in violation of U.S. or other countries’ export laws, as applicable. Downloading or using the software or products is at your sole risk.

Disputes and Governing Law

Use of this Website and these Terms of Use shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms of Use are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms of Use shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or

notwithstanding the foregoing, any such portion of these Terms of Use would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms of Use. No narrowed construction, modification or invalidation of any portion of the Terms of Use shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by Fundstrat of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and Fundstrat’s failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision.

Except where prohibited by law, as a condition of you clicking acceptance of these Terms of Use and/or accessing and/or using this Website, you agree that (1) any and all disputes and causes of action arising out of or connected with this Website shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in New York within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association; and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.

The rules governing arbitration are different than those in court. Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court. You understand that by accepting these Terms and Conditions, you are giving up your right to a trial in court, either with or without a jury.

To the fullest extent permitted at law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the site you waive all rights to claim, punitive, incidental, consequential or any other damages (including multiplied and/or increased damages and/or attorneys’ fees and court costs) for, any dispute or cause of action that you may have that relates in whole or part to this Website and/or the Materials. Notwithstanding anything to the contrary set forth in these Terms of Use or otherwise, your recovery with respect to any and all claims, judgments, and awards for which you are entitled shall, to the fullest extent permitted at law, be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.

Notwithstanding anything to the contrary set forth in these Terms of Use, Fundstrat may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York and/or in any other court chosen by Fundstrat, in the event that Fundstrat believes that there is a violation, or a threatened violation, of any of Fundstrat’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.