TERMS OF USE / DISCLAIMER

Thehutchreport.com (the “Company”),  provides a newsletter service through its website, www.thehutchreport.com.  Said website, related emails and any related postings on Twitter or other social media are hereinafter together or individually referred to as the “Site”.  By accessing any content of the Site, you, whether you are a member, Subscriber, free member or any other type of user, acknowledge that you have read and understood the following terms, conditions, policies, disclaimers, agreements, notices and restrictions, hereinafter referred to as “Terms of Use/Disclaimer”, and agree to be bound by them as well as all applicable laws and regulations:

Risk Disclosure and Warning

Investing money in the markets involves a high level of risk, and may not be suitable for any investor. The variations can play in your favor as to your disadvantage. Before following our ideas, you should carefully analyze your investment objectives, your level of experience and your taste for risk. You may suffer partial or total loss of your original deposit and in fact you should not invest any capital that you could not afford to lose. You should be aware of the risks associated with trading and, if in doubt, seek advice from your usual contact.

No Financial Advice

Any opinion, announcement, research, analysis or other information and prices contained on this Site are provided as a general comment and do not constitute investment advice.  The Company shall not be liable for any loss or damage, including without limitation loss of profit, which may arise directly or indirectly from the use or taking into account of such information. The Company is not a Registered Investment Advisor, Broker/Dealer, Financial Analyst, Financial Bank, Securities Broker or Financial Planner. The Information on the Site is provided for information purposes only. The Information is not intended to be and does not constitute financial advice or any other advice, is general in nature and not specific to you. Before using the Company’s information to make an investment decision, you should seek the advice of a qualified and registered securities professional and undertake your own due diligence. None of the information on our Site is intended as investment advice, as an offer or solicitation of an offer to buy or sell, or as a recommendation, endorsement, or sponsorship of any security, Company, or fund. The Company is not responsible for any investment decision made by you. You are responsible for your own investment research and investment decisions.

Disclosure Policy

The Company’s affiliates or associates and/or its employees may hold positions in securities that are described on the Site. They may, from time to time, hold positions consistent or inconsistent with information contained on the Site, have no obligation to notify Subscribers in any way regarding said positions and shall have no liability to Subscribers that relates in any way to said positions. Their affiliation or relationship to the Company or its Subscribers shall in no way limit the positions they may hold or when they may hold them.

Accuracy of information

The content of this website is subject to change without notice at any time and is provided solely for the purpose of helping investors make independent investment decisions. The Company has taken all reasonable steps to ensure the accuracy of the information on this site and shall not be liable for any loss or damage arising directly or indirectly from the Content or your inability to access the Website or Any delay or failure of transmission or receipt of any instruction or notification sent by this website.

Diffusion

This site is not intended for distribution or use by any person in any country where such distribution or use would be contrary to local law or regulation. None of the services or investments mentioned on this site are available to persons residing in a country where the clauses of such services or investments would be contrary to local law or regulation. It is the responsibility of the visitors of this site to become acquainted with these terms and to comply with any local law or regulation to which they are subjected.

Third Party Links

Links to third-party sites are provided on this site for information purposes only. Such sites are beyond our control and may not follow the same standards of confidentiality, security or accessibility as us. The Company will not be held liable and does not guarantee the offer of third-party providers and the Company is not responsible for the security, content and availability of third party sites, their partners or Their advertising agents.

Grant of Rights, Subscription Access, Use of the Site’s Content and Requirements

Subject to the limitations set out in this Agreement, the Company grants you a non-exclusive, non-transferable right to access and use the Site for the duration of the membership within the “fair use” provisions of the Copyright Act. The Log-In ID and password assigned to you may not be transferred, assigned or otherwise loaned (whether for temporary use or otherwise) in any manner whatsoever.

As a Subscriber, you agree to provide, maintain and update complete and accurate information about yourself. You agree that you will not 1) use the Site in any way that will violate any international, national, state or local law or regulation 2) transfer or resell your use of or access to our Site to a third party or permit anyone else to use the Site through your subscription, email link, User I.D. or password or  3) Sell, reproduce, republish, broadcast, circulate, upload, transmit, post or distribute materials from the Site in any manner, without the Company’s prior written consent. You are solely responsible for protecting the confidentiality of your password and User I.D.. You acknowledge that you do not acquire any ownership rights by your use of the Site or by becoming a Subscriber or member.

You acknowledge that the Site contains or provides access to information, software, advertising and financial market information, including but not limited to, design, text, graphics, audio, video clips, images, links, financial analysis and research, other financial market data, and other material (collectively, the “Content”) that may be protected by copyright, trademark or other proprietary rights of the Company or third parties. All Content on the Site is copyrighted as a collective work of the Company pursuant to applicable copyright law. Unless otherwise indicated, the product and service names used in connection with the Site are trademarks or registered trademarks of the Company. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Site. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, redistribute, store, perform, link, display, or in any way manipulate any of the Content, in whole or in part, except as expressly permitted in these terms and conditions or with the prior written consent of the Company. Content consisting of downloadable software may not be reverse engineered. You may download or copy the Content only for your own personal use, except as provided elsewhere in these terms and conditions, provided that you retain on such materials all copyright and other notices contained in such Content. The only exceptions to this paragraph are (a) as expressly permitted by the copyright laws, (b) with the express prior written permission of the Company or, if other than the Company, the owners of such Content, or their authorized agents.

Electronic Documents, Internet and Transmission Risks

We may, in our sole discretion, seek your consent to the terms and conditions of this Agreement and certain other agreements on the Site by means of an electronic signature by requesting you to affirmatively “click” on boxes containing the words “I Accept,” “I Agree” or other similar phrases (collectively, “Acceptance Terms”). If you “click” on the Acceptance Terms, your “click” will be deemed a legally binding electronic signature. You acknowledge and agree that you will carefully review any document or web page before making such an electronic signature.

Information, updates of our newsletter, including but not limited to charts, signals and commentary are provided on the Site. There is no guarantee that we can provide this on a specific day, time or at all.  We are not responsible for delays or interruptions in transmission of information due to acts of God, man-made or natural causes, whether said delays result from problems with Internet connectivity either by you, or us or by slowdowns of Internet transmittal or otherwise.

Fees and Charges

You agree to pay the subscription fees and any other charges incurred in connection with your user name and password (including any applicable taxes) at the rates in effect when the charges were incurred. Unless we state in writing otherwise, all fees and charges are non-refundable.

Billing Details

We use the Stripe payment gateway for Credit Card and Alipay transactions and the PayPal payment gateway for PayPal transactions.  All personal billing details are stored by Stripe or PayPal. We retain for reference only the last four digits of your credit card and the Stripe or PayPalpayment reference numbers.

This website may use Google Analytics, a data analysis service of Google, Inc. (“Google”) or similar services. Google Analytics uses cookies. A cookie is a small file that a Web site places on a computer or other device, allowing you to save information about you for future use. The information collected will be used by Google to evaluate the degree of use of the website in order to create different activity reports concerning it. The user may refuse cookies but in doing so, restricts site functionality. The user can prevent the information used by Google by installing the “browser” whose link is: https://tools.google.com/dlpage/gaoptout?hl=en-GB

Disclaimer of Warranties and Limitation of Liability

a) Member expressly agrees that use of the Site are at his or her sole risk. Neither the Company, its affiliates, nor any of their respective employees, agents, third-party content providers, or licensors warrants that use of the Site will be uninterrupted or error free, or secure, that defects or errors will be corrected, or that the Site or the server(s) on which the Site is hosted will be free of viruses or other harmful components; nor do they make any warranty as to the results that may be obtained from use of the Site or as to the accuracy, reliability, or content of any information, service, or merchandise provided through the Site.  You assume complete responsibility and risk for your use of the Site and your reliance thereon.  The Company has no obligation to update information on the Site or advise on future developments regarding topics mentioned or introduced. In the event that the Site refers to or contains links to other Internet web sites or resources, we make no representation or warranty and hereby expressly deny that the Company has reviewed, approved, controls or endorses any content that appears on such other web sites. You acknowledge and agree that we shall not be held responsible for any loss or damages caused or alleged to have been caused by the reliance on or use of any such content nor for the accuracy, legality, or inappropriate nature of any content, products, services, advertising, or information located in, on or through any other web sites.

b) The Site is provided on an “as is” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement.

c) The disclaimers of liability contained in this section apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Member specifically acknowledges that the Company is not liable for the defamatory, offensive, or illegal conduct of other third parties, members, or other users of the forums and that the risk of injury from the forgoing rests entirely with each member.

d) In no event will the Company or any person or entity involved in creating, producing, or distributing content of the Site be liable for any direct, indirect, incidental, special, or consequential damages (including but not limited to lost profits or trading losses) arising out of the use of or inability to use the Site or out of the breach of any warranty. Member hereby acknowledges that the provisions of this section shall apply to all content of the Site.

e) The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on the Site, nor for any offensive, defamatory, or obscene posting made on the forums by anyone other than authorized the Company employee spokespersons while acting in their official capacities. Under no circumstances will the Company be liable for any loss or damage caused by a member’s reliance on information obtained through the content on the Site. It is the responsibility of each member to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Site.

f) The Company does not endorse, warrant, or guarantee any product or service offered by a third party through the Site.

g) Under no circumstances shall the Company, its officers, directors, shareholders agents or its third-party providers be liable for any direct, indirect, incidental, punitive, special or consequential damages (including without limitation, attorneys’ fees), whether in an action of contract, negligence or other tortious action, that result from the use of, or the inability to use, any materials available on the Site, even if the Company has been advised of such damages. If you are dissatisfied with any of the Site’s Information or other materials, or with any of the terms and conditions contained in the Site, your sole and exclusive remedy is to discontinue using the Site. If the Company is found liable in connection with a claim arising out of or related to the services or the Site, their aggregate liability in such an event shall not exceed the amount of the fees paid by you for use of the service during the month in which the event giving rise to the liability occurred. Your right to monetary damages in such amount shall be in lieu of all other remedies to which you may otherwise be entitled from the Company, or its third-party providers.

Indemnification

Member agrees to indemnify and hold the Company, its parent, its employees, its officers, its agents and content providers harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from Member’s use of the Site or from Member’s violation of this Agreement or any third party’s rights including but not limited to copyright, property, and privacy rights. This indemnification and hold harmless obligation will survive this Agreement and Member’s use of the Site.

Termination

The Company has the right, in its sole discretion, to terminate your access to the Site, without liability to you or any third party.

Modification

The Company reserves the right to change this Terms of Use/Disclaimer agreement at any time by revising the terms and conditions herein. You are responsible for regularly reviewing these terms and conditions. Such changes, modifications, additions or deletions shall be effective immediately once posted on the Site. Your use of the Site constitutes your acceptance of and agreement to the then current version of this Terms of Use/Disclaimer.

Governing Law and Venue

This Agreement is governed in accordance with the laws of Geneva, Switzerland. Notwithstanding any conflict with the laws, ordinances or provisions or your domicile, residence or physical location, the interpretation, validity and effect of this Terms of Use/Disclaimer and any dispute or claim based on your use of the Site, its products, information or services, will be governed in accordance with the laws of Switzerland and any litigation between the Company and any Subscriber shall be exclusively heard in the courts of Geneva, Switzerland.