Terms and Conditions
Welcome to BiotechStockResearch.com, a product and service of Biotech Stock Research, LLC. In the following text, we’ll refer to ourselves as "BSR", "us", "we", or "BiotechStockResearch.com" which collectively covers Biotech Stock Research, LLC, its ownership, staff members, and contributors. We’ll also occasionally refer to the BiotechStockResearch.com web site as just the "site". Given that information, you ought to be able to figure out who you are in the following text.
Your use of this site and the information it contains is subject to this document. Bold text, capital letters, and section titles are to draw your attention to particularly important parts without limiting the applicability and importance of the entire document. If you don’t agree with the document, and more importantly agree to be bound by it, then you are prohibited from accessing this site and the information it contains.
We are going to be wrong. This is the most important thing for you to understand before you access BiotechStockResearch.com. Not only will we be wrong, sometimes we’ll be spectacularly wrong. Please realize we are not forcing you to, or even recommending you, take any position in any of the investment vehicles appearing on our site. We’re not twisting your arm to be here and we expect, as part of your acceptance of these Terms and Conditions, you to take complete personal responsibility for any profits and losses as a result of the information presented on this site. In addition, you agree to indemnify us against claims from any third party associated with you. We’re not sure how much clearer we can make this part. If, after reading this, you or your lawyers think that we’re somehow responsible for a loss you experienced (we’ll assume up front you and your lawyer are not trying to circumvent this document to send us a cut of your successful trades) contact us and we’ll set you straight. We’re neither your investment advisor nor your mother. Don’t confuse our plain language in this section for a lack of commitment to the ideas presented here. We simply want to make our intentions on this matter very clear and our experience tells us plain language does that a whole lot better than the legalese our lawyers would rather we use. The only way we can do what we do is if you agree to abide by ALL of these Terms and Conditions, but most especially the ones covered in this paragraph.
BSR does not presume to pick stocks that are appropriate for your investment priorities. Only you and your professional advisors can presume to pick stocks for you. Our work is the first step in a process you are wholly responsible for that includes suitability analysis, research, cost-benefit analysis, and more research. You warrant to us any positions taken are done so based primarily upon your independent due diligence and not merely upon our discussions of the investment vehicle with you or the research we publish.
We are committed to disclosing whenever a BSR staff member or site contributor has a position in an investment vehicle appearing on our site. A section of the site will be set up to manage these disclosures and they will appear, when applicable, attached to each publication. Disclosures appearing in our publications are as of the published date. Disclosure will only cover specific investment vehicles and not entire market sectors. Disclosures do not extend to individual stocks held by mutual funds owned by our staff members. We will disclose ownership, changes in ownership levels, and termination of positions in any investment vehicle covered on our site. We will make a very, very strong effort to never miss a disclosure. However, with several contributors, we’re certain we’ll miss a couple. You agree that our efforts in this regard will be judged not on the perfection of the disclosures, but on a "best efforts" basis.
All materials published by BSR, including, without limitation, our research conclusions, information, text, photographs, images, graphics, software, audio, and video and/or other visual reproductions (the 'Content') are intended solely for your personal, non-commercial use. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided herein), create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part. Copyright law includes the concept of Fair Use, which confers certain limited reproduction rights. However, your agreement with BSR is a contractual obligation that prohibits any and all reproduction and creates a duty for you to not share the Content, any portion of the Content, or the opinions and conclusions contained within the Content with others. In case the above legalese was not clear enough, do not share the Content on public message boards, on social media, copy it for your friends, and/or distribute it to your clients. If you have a question about what is allowed or not allowed under these Terms and Conditions, please ask before you act.
All Content is owned or controlled by BSR or the party credited as the provider of such Content. The Content, and the entire BiotechStockResearch.com site, including without limitation all materials published by BSR, is protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws. BSR owns a copyright in the selection, coordination, arrangement, and enhancement of such Content, as well as in the original components of the Content itself. You shall abide by all copyright notices, conventions, and other copyright laws. You shall abide by all copyright notices, information, or restrictions contained in any Content accessed by or through BiotechStockResearch.com. Reproduction of the BiotechStockResearch.com site, in whole or in part, without written permission of BSR is strictly prohibited. To the extent that you may download or copy Content, you may only do so for personal non-commercial purpose(s) and use(s), and provided that you maintain all copyright and other notices contained in such Content. There is a $1,000.00 (One Thousand and no/100 dollars) per occurrence, per person penalty for violation of this contractual agreement to not disseminate our research. We reserve the right to waive this penalty for good faith mistakes without limiting our ability to enforce the penalty later.
We have implemented a document security system to protect our research product. It is a violation of these Terms to circumvent this security system.
Your privacy is important to us. As a part of operating the site, we collect certain information automatically each time you visit. We also collect information during your initial sign in. This is common at every web site of any sophistication. The automatically collected information has more to do with what site you visited just before coming here, what screen resolution you are using, what browser and version, page views, time spent, etc. Manually collected information is far more personal and includes information like e-mail address, physical address, and credit card information. We will never share this information about you with anyone outside this company unless ordered to by a court of law, when necessary to collect our subscription or other fees, or as part of enforcing these Terms and Conditions. We may share group demographics with advertisers and others (i.e. the number of men versus women using the service). We may share the automatically collected information with advertisers and programming geeks too, but also in a group summary format. We will not purposefully release any personal information to any other party except as contemplated above or in the pursuit of enforcement of these Terms and Conditions. If at any time you believe that BSR has not adhered to these principles, please notify us by email and we will use all commercially reasonable efforts to promptly determine and correct the problem.
In general, if you are not satisfied with our product we will grant you a full refund for unused portions of your subscription. However, because of our tiered pricing system we reserve the right to assess a minimum access charge equal to the full amount of our least expensive subscription offering. For example, assume our least expensive subscription offering is $150. If you pay $300 for six months access and cancel after one month, we reserve the right to limit your refund to $150. This will be decided on a case-by-case method, utilizing subscriber usage patterns and any subscriber-provided reason for canceling the subscription.
Monthly subscriptions are not refundable except in the first month due to technical inability to access the research. Cancelling a monthly subscription will cancel only the renewal and access will be maintained through the end of the current subscription term.
The only exception to this refund policy is if you cancel your subscription in response to a modification of these Terms as outlined below. In that case, you will be refunded the exact pro-rata amount left on your subscription.
BSR reserves the right to issue refund amounts by posting a credit to the credit card used to subscribe, cashier's check, business check, or any other means we deem suitable.
BSR does not automatically process renewals except for those subscribers who have chosen monthly recurring subscriptions. Except for monthly recurring subscribers, each time your subscription is up for renewal, you must authorize us to renew or do it yourself manually. We send out renewal notices, but we are not responsible if they are not read or delivered properly. The expiration date of any subscription, except monthly recurring, is listed in the “Account Info” section of the site. BSR will not be responsible for the financial effects of a lapsed subscription, including (but not limited to) forfeiting your right to lower renewal subscription rates.
For monthly recurring subscribers, we will process the renewal automatically each month without advance notice to you. We will make two attempts to process the monthly renewal. If both attempts fail, your subscription will be terminated. BSR will not be responsible for the financial effects of a lapsed subscription, including (but not limited to) forfeiting your right to lower renewal subscription rates.
For monthly recurring subscribers, we will ask that you re-authorize your renewal once per year. We send out renewal notices, but we are not responsible if they are not read or delivered properly. BSR will not be responsible for the financial effects of a lapsed subscription, including (but not limited to) forfeiting your right to lower renewal subscription rates.
BSR SUBSCRIBER-ONLY FORUM
BSR created a Subscriber-only Forum where Subscribers can freely talk about BSR research without violating these Terms and Conditions. Access to this forum is for currently-paid Subscribers only. No access will be provided to the Forum after your subscription lapses.
Use of the Forum is a privilege, not a right of being a Subscriber. BSR reserves the right to terminate your access to the Forum for any reason and at any time. Rules to follow to prevent this from happening are available here:
When we publish new research, we use a commercial third party email system to alert Subscribers. Because of anti-spam measures, email is no longer a reliable method of communication. Emails will be blocked or bounced by some ISPs (Google, Comcast, AOL, etc) and this is completely out of our control. To preserve compliance with national email standards, our commercial third party email system provider must automatically unsubscribe any user whose ISP bounces three emails. This, also, is out of our control.
The alert emails are provided as a courtesy and we cannot guarantee you will receive them. Because of this, we specifically disclaim any liability for you not receiving them. We strongly recommend you regularly check our Latest Issues page to see if we have published anything new. We also suggest you watch our Twitter feed at http://www.Twitter.com/BiotechStockRsr as we will often send a Tweet when we publish new research.
If your email has been automatically unsubscribed by our commercial third party email provider, we strongly recommend you protest directly to your ISP for incorrectly blocking emails you wish to receive.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BSR AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME.
BSR AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BSR AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL BSR AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BSR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Most content and/or services on this site are offered to you conditioned on your payment of subscription fees. If you elect to purchase subscription based content/services and transmit to BSR a subscription purchase request, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur. Your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers or clients. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and additional charges based on unauthorized use.
Without limitation to the preceding, if you are found to be passing the information on this site around to your buddies or others in a way that reduces the number of subscriptions we could be selling, we’ll hold you criminally and monetarily liable for copyright infringement and lost revenue. Besides, we’re not that expensive. Tell your friends to quit being so cheap and subscribe.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this site, you warrant to BSR that you will not use this site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
LINKS TO THIRD PARTY SITES
This site will contain hyperlinks and advertisements for sites operated by parties other than BSR. BSR does not control such sites, and is not responsible for their contents. BSR’s inclusion of hyperlinks to such sites does not imply any endorsement of the material on such sites or any association with their operators.
For technical questions or problems with this site, visit the following page:
MODIFICATION OF THESE TERMS AND CONDITIONS
BSR reserves the right to change the terms, conditions, and notices under which this site is offered. You will be notified of any changes and be given the opportunity to terminate your subscription if you do not agree to the changes. If you decide to terminate your subscription for this reason, you will receive a pro-rated refund for the unused time remaining. Changing contact information contained herein does not constitute a modification of this document for purposes of this section.
This agreement is governed by the laws of the State of Washington, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of this Web site even if the laws in your jurisdictions or other jurisdictions allow you to claim jurisdiction elsewhere. If a court rules your jurisdiction to be primary, you still agree to pursue this action in a court located in King County, Washington, U.S.A. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph. You are solely responsible and liable for determining your jurisdiction gives effect to all provisions of these Terms and Conditions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and BSR as a result of this agreement or use of this site.
BSR’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BSR's right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by BSR with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
This agreement constitutes the entire agreement between the user and BSR with respect to this site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and BSR with respect to this site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.
The failure of BSR to enforce any of the provisions hereof or the failure of BSR to notify you of any violations of any of the provisions of this agreement shall not be construed as a waiver of the right of BSR thereafter to enforce such provision.
You agree to indemnify and hold BSR, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of these Terms and Conditions, or your violation of any rights of another.
User agrees that BSR has no responsibility or liability for the deletion or failure to store any messages, prospect lists, research reports, and other content maintained or transmitted by BSR. In particular, if you allow your subscription to lapse our document security program will prevent you from accessing electronic copies of our research even if they are saved to your local drive. If you wish to keep archives of research, please remain a subscriber or print them to hard copy.
SALES AND USE TAXES
Washington State terms this service a digital product for purposes of calculation of sales and other taxes. The amount of tax varies by the location of the subscriber and is, therefore, impossible for us to calculate in advance. Subscribers in Washington State acknowledge the subscription price listed on the web site does not include sales tax. When you Subscribe to or renew the service, Washington State residents hereby authorize BSR to add a second transaction to your credit card in an amount equivalent to the amount of sales tax. Monthly recurring subscribers will have the initial sales tax added as a second transaction and the amount of recurring transactions will be modified to reflect the base amount plus sales tax.
For all customers not located in Washington State, under current federal law, BSR understands the research is subject to no sales or use taxes assessed by your home taxing authority. If this is not the case, or this situation changes in the future, you acknowledge prices paid for the service include your jurisdiction's sales/use taxes.
TERMINATION OF THIS AGREEMENT
You agree that any termination of service under any provision of these Terms and Conditions may be effected without prior notice, and acknowledges and agrees that BSR may immediately delete your account and all related information and bar any further access to such files or the Service. WE RESERVE THE RIGHT TO REFUSE SERVICE FOR ANY REASON.
March 31, 2013
Biotech Stock Research, LLC