terms and conditions:

TERMS AND CONDITIONS FOR THIRTYEIGHT INVESTING:

ACCEPTANCE OF TERMS

This Website is owned and operated by www.thirtyeightinvesting.com. By accessing, downloading or using ThirtyEight Investing (“Us”, “We”, “Our” “Website”) in any way, and whether or not You become a registered user of any kind (“User”, “You”, “Yourself”, “Your”), Your access to, and use of, this site is subject to the following Terms and Conditions (“Terms”, “User Agreement”) and all applicable laws and regulations. By using this Website, You agree to be bound by these Terms, as they may be changed or amended by ThirtyEight Investing from time to time, which You acknowledge that You have read and understood. You agree to accept and adhere to the following Terms as stated in this policy along with the Terms stated in the Privacy Policy (see section below). Please read this User Agreement carefully before accessing or using the Website. By viewing, scrolling, reading, visiting, or accessing any part of the Website, You agree to become bound by the Terms and Conditions agreement. If You do not wish to be bound by these Terms and Conditions, You may not access any the Website, and You should refrain from further use of the Website and exit the Website now.

Information contained in the Website is for informational and entertainment purposes only. We make no representations as to the accuracy or completeness of any information on this Website or found by following any link on this site. We are not, and will not be, liable for any error or omissions in this information nor for the availability of this information. When using the Website, or any services or materials on the Website, You shall be subject to all rules applicable.

CHANGES AND VARIATION OF TERMS

The Website and the information (including all changes to the User Agreement) may be revised or updated at any time as it sees fit. We reserve the right, at our sole discretion, to revise, modify, or change such Terms. It is your responsibility to review the Website for changes to the Terms. Your continued use of this Website after such amendments or modifications will constitute acknowledgement and agreement of the changed Terms. You must review and agree to these Terms at https://thirtyeightinvesting.com/termsandconditions/ on a regular basis to keep Yourself informed of any changes.

RESPONSIBLE USE AND CONDUCT ON WEB SITE

By using, visiting, or accessing this Website, including direct or indirect access to any information, resources, services, or products, (hereby referred to as “Resources”), You agree to use them only for the purposes intended as permitted by (a) the Terms and Conditions, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

You understand and agree that:

1. To access Resources either now or in the future, You may be required to provide information about yourself as part of a registration process, including but not limited to: name, email, contact information. You agree that information You provide is and will always be accurate and up to date.
2. You are responsible to keep all and any login information for thirtyeightinvesting.com are responsible for all activities that happen within or from your account(s).
3. It is prohibited to access our Website through any means outside of the means we provide. You agree to not access, or attempt to access, through unethical or unconventional measures. It is prohibited for You to disrupt or interfere with the Website, server, networks, or Resources.
4. It is prohibited to copy, duplicate, post, share, sell, or trade any materials or Resources provided on the Website.
5. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by You, as explained above, and may incur criminal or civil liability.

RESTRICTIONS

Certain areas of the Website are restricted from access by You, and ThirtyEight Investing may further restrict Your access to any areas of this Website at any time, in its sole, absolute discretion.

You are expressly restricted from all of the following:

1. Publishing, selling, or licensing any Website material in any media, including but not limited to: blog comments, blog posts, product ratings and reviews, and social media.
2. Using the Website in any way that is, or may be, damaging to the Website or impacts access to the Website.
3. Engaging in any form of data mining, data extracting, or similar activity in relation to, or while using, the Website.

AGE

You agree that, to access, visit, or use this Website, that You are 18 years of age or older. If you are discovered to be under 18 and using the Website, Your access can be terminated.

COMMUNICATION AND COMMENTS FEATURE

You do not need to register with the Website to use the comments feature. We do not pre-screen or monitor any comments posted onto the Website. You grant Us the right to use all materials posted on the Website. We have no obligation to provide you a copy of comment(s) You post on the Website. We have the right to edit or delete any comment published on the Website. It is Your responsibility to comply with the ethical standards of commenting, posting, or sharing as outlined below:

1. You will not use any illegal, threatening, harassing, inappropriate, sexual, degrading or explicit language.
2. You will not infringe on any copyrights, trademarks, trade secrets, or other property rights of any party.
3. You will not include any unauthorized advertising.
4. You will not impersonate any person or entity, including thirtyeightinvesting.com or its employees or representatives.

LINKS TO OTHER WEB SITES

ThirtyEight Investing may contain links to third-party websites or services that are not owned or controlled by ThirtyEight Investing. They do not indicate an endorsement or association to ThirtyEight Investing. We have not reviewed all of the material made available through the websites and webpages to which thirtyeightinvesting.com links, and that link to thirtyeightinvesting.com. ThirtyEight Investing disclaims any responsibility for any harm resulting from your use of third-party websites and webpages. It is highly recommended to do your own research on links provided on the Website. All third-party websites have separate and independent privacy policies, terms and conditions, and disclaimers. ThirtyEight Investing has no liability for the content of any linked articles or websites. We are not responsible for their contents or their use.

IDEMNIFICATION

You agree to indemnify and hold ThirtyEight Investing and its respective contractors, directors, officers, members, employees and agents harmless against any action, cause, claim, costs, damage, debt, demand, expenses, losses, or liability for damages or costs, including reasonable attorneys’ fees, or any loss of any kind arising out of the display, access to, or use of this Website or any information contained in or obtained through this Website. This includes if You fail to fulfill any obligations relating to any violation of this User Agreement or failure to fulfill any obligations relating to another person using Your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement.

GOVERNING LAW

You waive Your right to bring any legal claims, now or in the future arising out of or related to the Website. This Website is controlled by thirtyeightinvesting.com from our offices located in the state of KS, United States. These Terms, including any legal notices, policies, and disclaimers contained on this Website, will be governed by and construed in accordance with the laws of the State of KS, and You submit to the non-exclusive jurisdiction of the state and federal courts located in KS for the resolution of any disputes. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

FOR USE IN UNITED STATES ONLY

ThirtyEight Investing is owned and operated in the State of Kansas in the United States. The Website is hosted in the United States, and the domain of the Website is registered in the United States. The intended audience of the Website is for individuals residing in the United States only.

This website does not envisage offering goods or services to individuals living in the European Union as detailed in the General Data Protection Regulation. In addition, the information presented and associated with this website is intended for individuals that reside in the United States only.

COPYRIGHTS

All content and materials available on the Website, including but not limited to: text, graphics, Website name, images, and logos are the intellectual property of ThirtyEight Investing, and are protected by applicable copyright law. Any inappropriate use, including but not limited to: reproduction, distribution, display or transmission of any content on this Website is strictly prohibited, unless specifically authorized by ThirtyEight Investing. You grant us the right to bring an action for infringement of rights regarding these items.

If you believe that material located on or linked to by thirtyeightinvesting.com violates your copyright, you are encouraged to notify ThirtyEight Investing in accordance with the Digital Millennium Copyright Act (“DACA”) Policy. ThirtyEight Investing will respond to such notices by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Us or others.

PRIVACY POLICY

ThirtyEight Investing respects Your privacy and permits You to control the treatment of your personal information. A complete statement of ThirtyEight Investing’s current Privacy Policy can be found by clicking on the “Privacy Policy” link here or at the bottom of the page. ThirtyEight Investing’s Privacy Policy is included under the scope of this User Agreement by this reference.

DISCLAIMER OF WARRANTIES

ThirtyEight Investing hereby disclaims all warranties of any kind, including the warranties of merchantability, fitness for a particular purpose and non-infringement. ThirtyEight Investing makes no warranty that the Website will be free of error or that access will be continuous or uninterrupted. ThirtyEight Investing cannot guarantee any validity, accuracy, completeness, or suitability of information expressed on the Website. You understand that if You download from, or otherwise obtain content or services through the Website, it is at your own risk.

By using our Website, you understand and agree that content, materials, Website, and Resources, and all we provide as “as is”, with all faults, and ThirtyEight Investing makes no express or implied representations or warranties of any kind related to this Website or the materials contained on this Website.

We do not represent or warrant to you that:

1. The use of our Website, contents or Resources will meet your needs or requirements.
2. The use of our Website, contents or Resources will be uninterrupted, timely, secure or free from errors.
3. The information obtained by using our Resources will be accurate or reliable, and
4. Any defects in the operation or functionality of any resources we provide will be repaired or corrected.

You also understand and agree that:

Nothing contained on the Website shall be construed as providing consult or advice to you. Any content downloaded or otherwise obtained through the Website is done at your own discretion and risk, and you are solely responsible for any damage to your computer or other devices for any loss of data that my result from the download of such content.

Articles are informational and for educational purposes only, do not constitute financial advice, and do not establish any kind of financial advisor-client relationship with ThirtyEight Investing. ThirtyEight Investing is not liable or responsible for any damage or injury resulting from or related to using the information on the website. These include but are not limited to: direct, incidental, consequential, punitive or other damages, failure of performance, and loss of money or materials.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, ThirtyEight Investing, including any of its officers, directors and employees, will never be liable to You for any damages of any kind that arises out of, or relating to, Your use of the Website. This limitation still applies if You are out of breach of contract, tort, or any other legal form of action. ThirtyEight Investing, including its officers, directors, and employees shall not be liable for any special, incidental or consequential damages, failure or delay due to matters beyond their reasonable control, interruption of use or corruption of data, or liability arising out of or in any way related to your use of this Website.

SEVERABILITY

If any portion of these Terms is found to be invalid under any applicable law, then such invalidity will not render the entire Terms as invalid. Such portions will be deleted without affecting the remaining Terms.

TERMINATION OF USE

You understand and agree that Your access to part of, or all, of the Website may be terminated without notice, and for any reason, effective immediately. Upon termination, all of Your access to any Resources from, or in relation to, the Website will cease. We reserve the right to delete any of your login information, account information, or any additional information provided to Us from You that is on file.

ThirtyEight Investing reserves the right to terminate the Website at any time, due to shutting down of our services. The provisions that shall survive termination include all ownership provisions, disclaimer of warranties, and limitation of liability.

ENTIRE AGREEMENT

These Terms of Conditions, including all legal notices, policies, and disclaimers contained on this Website, constitute the entire agreement between You and ThirtyEight Investing.

CONTACT INFORMATION

You agree to not use any information from the Website to contact any persons, companies, or entities.

If you have questions or comments about these Terms and Conditions, you can contact us via email at: hello@thirtyeightinvesting.com

These Terms and Conditions are effective as of January 10, 2019.