Terms Of Use

Updated: July 6, 2018

GCP provides its webwebsite located at https://gerringcapital.com/ to you, an individual user for your individual usage, subject to compliance with the terms and conditions set forth herein.

Agreement.  By using the webwebsite, you agree to be bound by our Terms of Use (the “TOU”). If you do not agree to the terms and conditions contained in the TOU, Privacy Policy and GDPR, please do not access or otherwise use the webwebsite or any information contained herein.  You affirm that you are over the age of 18, as the webwebsite is not intended for children under 18. If it comes to GCP’s attention through reliable means that a registered user is a child under 18 years of age, GCP will cancel that user’s account.

We reserve the right at any time to:

Change the terms and conditions of the TOU

Change the webwebsite, including eliminating or discontinuing any content or feature of the Website

Impose fees, charges or other conditions for use of the webwebsite or parts thereof (with reasonable notice).

GCP may modify the webwebsite at any time without prior notice, and you accept those modifications if you continue to use the webwebsite. You should check the webwebsite frequently to see recent changes.

Important Securities Disclaimer

You understand that no content published on this Website constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person.  To the extent that any of the content published on the webwebsite may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person.

You understand that an investment in any security is subject to a number of risks, and that discussions of any security published on the website will not contain a list or description of relevant risk factors. In addition, please note that some of the stocks about which content is published on the website may have a low market capitalization and/or insufficient public float. Such stocks are subject to more risk than stocks of larger companies, including greater volatility, lower liquidity and less publicly available information. Blogs, postings or content on the website which may or may not be deemed by you to be recommendations may have an effect on their stock prices.

You understand that the website may contain opinions from time to time with regard to securities mentioned in other GCP blogs or products, and that opinions in one blog or product may be different from those in another blog or product. You understand and agree that, although we require all employees to disclose every stock in which they, their immediate family, or any entity under their control, have a personal interest, if such stock is mentioned in a blog, post, or content which they write, non-employees, including outside bloggers or other content contributors or their affiliates may write about securities in which they or their firms have a position, and that they may trade for their own account, and that they may or may not be subject to a disclosure policy.

In cases where GCP becomes aware that one of its employees has violated his or her disclosure obligation, GCP will take appropriate action. In addition, outside bloggers or content contributors may be subject to certain restrictions on trading for their own account. However, you understand and agree that at the time of any transaction that you make, one or more bloggers or content contributors or their affiliates may have a position in the securities written about.

You understand that performance data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.

From time to time, reference may be made on our website to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.

All content on the website is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

No Investment Recommendations or Professional Advice

The website is not intended to provide tax, legal, insurance or investment advice, and nothing on the website should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by GCP or any third party. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.

Limitation of Liability

NEITHER GCP NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH GCP. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO GCP FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE WEBSITE OR ANY SERVICES, DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

Indemnification

As a condition of your use of the website, you agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TOU; (b) your use of the website; (c) your violation of the rights of any third party, or (d) any claim that one of your user submissions caused damage to a third party. This defense and indemnification obligation will survive these TOU and your use of the website.

Termination

You understand and agree that GCP may, under certain circumstances and without prior notice to you, terminate your access to and use of the website. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violators of third party copyrights or other intellectual property.

Other terms

You should not assume that the opinions that people expressed are the opinions of GCP or anything other than the opinions of the individuals expressing them.  When you look at other people’s predictions, you should remember that those people may have interests in the stocks that they are making predictions about.  When you review people’s predictions, you should not assume that the person making a prediction is unbiased or independent.

Employees of GCP may have interests in the stocks about which they make predictions.

Intellectual Property

All of the Content on our websites and any Service we provide is protected by U.S. and international copyright laws and is the property of GCP and/or providers of the content under license. By “Content” we mean any information, mode of expression, or other materials and services found on GCP. This includes message boards, blogs, ratings, podcasts, chats, software, our writings, graphics, videos, and any and all other features.

Any copying, distribution, storing, or transmission of any kind, or any commercial use of our Content, is prohibited without GCP’s prior written permission. That means you may not sell, auction, or transfer your registration or any individual publication.

You also may not republish, post, transmit or distribute the Content to online bulletin and message boards, blogs, chat rooms, intranets or anywhere else without our consent. You further agree not to create abstracts from or scrape our Content, for use on another website or service . In short, you may not post our Content anywhere else online. Aside from opening yourself up to liability, distributing our premium Services, stock picks and performance data to other websites and forums is unfair to our members who pay good money to receive our Content.

Please note that notwithstanding the foregoing, when you post content, you are not somehow surrendering your copyright in your expression, but you are granting us an unlimited license to use it. Specifically, by posting content, you agree that GCP has an irrevocable, perpetual and worldwide license to use republish, distribute, reproduce, display, communicate to the public, adapt, perform, store, translate, sublicense and promote anything you post on our websites. This includes the rights to syndicate and make derivative works out of your content. If you don’t want us to use or republish your content, then please don’t post it on our websites. We will only republish your content in context, and we’ll credit you as author (unless we’re using small quotations). We won’t republish your posts in advertising without your permission.

We also ask that you only upload or include on our Services materials you have the right to use.

You agree not to display any of GCP’s trademarks or use them in any manner without our express written permission.

Disclaimer of Warranties and Liabilities

GCP provides a very broad range of information and commentary via its many services. Consequently, as a result of the diverse opinions of our staff, a GCP may, from time to time, take actions or issue recommendations with regard to specific securities that are different from those taken or issued by another service we provide.

Affiliates of GCP provide individualized investment advice and investment products. These companies may recommend or hold securities mentioned in our publications. Editorial personnel have no nonpublic knowledge of our affiliates’ holdings and/or specific recommendations, and the affiliates’ personnel have no knowledge of any editorial content before it is published.

GCP may partner with third parties in order to make buying our service’s recommendations easier for you. We will not, and cannot, trade on your behalf at your brokerage unless an Investment Agreement has been officially executed in writing between GCP and you. Only you can decide whether or not a stock is right for you and you agree to be liable for any trades you initiate at your brokerage using tools that we or our partners provide.

GCP does not warrant the completeness or accuracy of the Content found in our Services or its usefulness for any particular purpose. GcP makes no promises that our content or any of the services will be delivered to you on an uninterrupted, timely, secure, or error-free basis. In fact, we’re not making any promises or warranties except that we will do our best to provide interesting and helpful information and education. Other than that, we reserve the right to be wrong.

By using the GCP website, you agree that under no circumstances will GCP, its employees, or its agents be liable for direct, indirect, incidental or any other type of damages resulting from your use or downloading of any material on our websites, even if we have been advised of the possibility of such damages. This includes, but is no way limited to, loss or injury caused in whole or in part by our negligence or circumstances beyond our control in creating or delivering any of our services.

Disclaimers of Liability:

NEITHER GCP 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 WEBWEBSITES, 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.

Other

If any provision in this TOU is found to be invalid, unenforceable, or nonsensical, the remaining provisions will continue in full force and effect. This agreement is and always will be governed by the laws of the United States of America and the State of Pennsylvania (except with respect to choice of law). You agree that the proper forum for any claim arising thereunder will be the appropriate Pennsylvania court.

Our services are directed at a U.S. audience. We cannot warrant that the services are appropriate for users outside the United States or that use of the Services is permitted under the laws of other jurisdictions.

Please note that certain individual services may have their own, or additional, terms and conditions. In the event of a conflict, the terms for the individual service will control with respect to the service in question. So please be sure to review any additional terms and conditions with respect to any specific service that you subscribe to or use.

This TOU, including those that are incorporated by reference, constitute the entire and only agreement between you and GCP and govern your use of our websites.

Contact.  If there are any questions regarding this TOU you may contact us using the information below.

https://gerringcapital.com/

Gerring Capital Partners, PO Box 624, Glenmoore, PA, 19343, United States

parnell@gerringcapital.com