Please read these Terms carefully. By accessing or using Exactis Alpha, you agree to be bound by them.
These Terms of Use (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Exactis Alpha LLC (“Exactis Alpha,” “Company,” “we,” “us,” or “our”), a Wyoming limited liability company with its registered office at 66 W Flagler St, Miami, FL 33130, USA.
These Terms govern your access to and use of the Exactis Alpha website, any associated mobile applications, and all related services (collectively, the “Site” or “Services”). The Services provide financial news, analysis, research reports, market commentary, and other informational content (collectively, “Content”) published by Exactis Alpha or its approved contributors.
By accessing or using the Site or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must immediately discontinue use of the Site and Services.
You must be at least eighteen (18) years of age (or the age of majority in your jurisdiction) and have the legal capacity to enter into this agreement. By using the Services, you represent and warrant that you meet these requirements and that your use does not violate any applicable law. The Services are not directed to individuals under eighteen (18) years of age, and Exactis Alpha does not knowingly collect personal information from anyone under that age. If we become aware that we have collected personal information from someone under eighteen (18), we will take reasonable steps to delete it.
Exactis Alpha operates as a publisher of financial and investment-related information of general and regular circulation. The Services consist of original and aggregated Content intended for informational and educational purposes.
The Site does not permit, host, or facilitate forums, comment sections, user-generated posts, StockTalk, Instablog, or any other form of interactive user-submitted content. Unsolicited article submissions or other contributions are not accepted unless expressly invited in writing by Exactis Alpha.
The Content is impersonal and not tailored to any specific individual's financial situation, investment objectives, risk tolerance, or needs. Past performance is not indicative of future results. All investments involve risk, including the possible loss of principal. Securities and markets are subject to volatility, illiquidity, and other risks.
Exactis Alpha, its officers, directors, employees, contributors, and agents are not registered as investment advisers, broker-dealers, or fiduciaries under the U.S. Investment Advisers Act of 1940 (or any successor statute), the Securities Exchange Act of 1934, or any comparable Canadian provincial or territorial securities legislation. The Company relies on the publisher's exclusion from the definition of “investment adviser” under applicable U.S. law, as interpreted by the U.S. Supreme Court in Lowe v. SEC, 472 U.S. 181 (1985), and subsequent authorities.
No Content should be relied upon as a substitute for independent research, due diligence, or consultation with a qualified, licensed financial advisor, attorney, accountant, or tax professional in your jurisdiction. You are solely responsible for all investment and financial decisions and for verifying the accuracy and suitability of any information before acting upon it.
Certain Content may contain “forward-looking statements” within the meaning of the safe harbor provisions of the Private Securities Litigation Reform Act of 1995, including statements regarding anticipated market trends, economic conditions, or the future performance of any security or issuer. Forward-looking statements are inherently uncertain and are based on current expectations, estimates, and projections that are subject to significant risks and uncertainties, many of which are beyond Exactis Alpha's control. Actual results, performance, or events may differ materially from those expressed or implied in such statements, and Exactis Alpha undertakes no obligation to update or revise any forward-looking statements.
Exactis Alpha is a bona fide publisher of financial publications of general and regular circulation. The Content is not personalized, does not involve discretionary authority over client assets, and does not create a fiduciary or advisory relationship.
The Services do not provide tax, legal, accounting, insurance, estate planning, or any other form of professional advice. Any opinions expressed in the Content are those of the respective authors or contributors and do not necessarily reflect the views of Exactis Alpha.
All Content, including text, graphics, data, software, logos, and other materials on the Site, is owned by Exactis Alpha or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws.
Subject to your compliance with these Terms, Exactis Alpha grants you a limited, non-exclusive, non-transferable, revocable license to view, and to download or print a single copy of, the Content solely for your own personal, non-commercial reference. This license does not include the right to republish, redistribute, sell, sublicense, frame, mirror, scrape, or otherwise commercially exploit the Content. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display or perform, or otherwise exploit any Content without Exactis Alpha's prior written consent, except to the extent permitted by applicable fair use law. All rights not expressly granted in these Terms are reserved by Exactis Alpha and its licensors.
If you submit comments, suggestions, ideas, or other feedback regarding the Site or Services (“Feedback”), you grant Exactis Alpha a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, reproduce, modify, and incorporate that Feedback for any purpose, without obligation or compensation to you.
Exactis Alpha respects the intellectual property rights of others and expects users to do the same. If you believe that Content available through the Services infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (17 U.S.C. § 512) to Exactis Alpha's designated agent at contact@exactisalpha.com. Your notice must include: (a) a physical or electronic signature of the copyright owner or authorized representative; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and its location on the Site; (d) your contact information; (e) a statement that you have a good faith belief the use is unauthorized; and (f) a statement, made under penalty of perjury, that the notice is accurate and that you are authorized to act on behalf of the copyright owner. Exactis Alpha reserves the right to remove or disable access to allegedly infringing material and to terminate the access of repeat infringers.
You agree to use the Services only for lawful purposes and in accordance with these Terms. Without limitation, you shall not:
The Site expressly prohibits forums, comments, user posts, or any other user-generated content features. Any attempt to post, submit, or transmit such content is unauthorized and may result in immediate termination of access and other remedies. Exactis Alpha assumes no responsibility or liability for any content that may be submitted in violation of this prohibition.
The Content is provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
Exactis Alpha does not warrant or represent that the Content is accurate, complete, current, reliable, or error-free. Market data, quotes, and analyses may be delayed, incomplete, or subject to revision. We reserve the right to modify, suspend, or discontinue any portion of the Services at any time without notice.
To the maximum extent permitted by applicable law, all warranties are hereby disclaimed.
The Site and Services may contain links to, or aggregate content originating from, third-party websites, data providers, or publications that Exactis Alpha does not own or control. Exactis Alpha does not review, endorse, or assume responsibility for the accuracy, legality, or content of any third-party site or material, and a link or aggregated item does not imply endorsement. Your use of any third-party website or service is at your own risk and subject to that third party's own terms and privacy practices.
IN NO EVENT SHALL EXACTIS ALPHA'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO EXACTIS ALPHA (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
Nothing in this Section 11 is intended to limit Exactis Alpha's liability for gross negligence, willful misconduct, or fraud, or for any other liability that cannot lawfully be excluded or limited under applicable law.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR WARRANTIES; IN SUCH CASES, THE ABOVE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED.
You agree to indemnify, defend, and hold harmless Exactis Alpha and its affiliates, officers, directors, employees, agents, and contributors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; or (c) your violation of any applicable law or third-party right.
Exactis Alpha may terminate or suspend your access to the Services at any time, with or without notice, for any reason, including but not limited to violation of these Terms. Upon termination, your right to use the Services ceases immediately. Provisions that by their nature should survive (including disclaimers, limitations of liability, indemnification, governing law, and intellectual property) shall survive termination.
These Terms and any dispute arising out of or relating to them or the Services shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of laws principles.
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Except for disputes eligible for small claims court or claims seeking injunctive or equitable relief to protect intellectual property or confidential information, you and Exactis Alpha agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration rather than in court. The arbitration shall be seated in Miami-Dade County, Florida, and conducted in English.
You may opt out of this arbitration agreement by sending written notice to contact@exactisalpha.com within thirty (30) days of first accepting these Terms. If you opt out, or for any claim not subject to arbitration, any legal action shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, USA, and you consent to the personal jurisdiction and venue of those courts and waive any objection based on forum non conveniens.
The Services are primarily intended for users located in the United States and Canada. Access from other jurisdictions is at your own risk.
Exactis Alpha makes no representation that the Content or Services are appropriate, available, or compliant with the laws of any particular jurisdiction outside the U.S. You are solely responsible for compliance with all applicable local laws, including securities regulations, data protection laws, and anti-spam legislation in your jurisdiction.
For Canadian users: Exactis Alpha is not registered as an investment adviser, portfolio manager, exempt market dealer, or in any other capacity under the securities legislation of any Canadian province or territory. The Content is not intended to constitute advice under Canadian securities laws. You should consult with advisors licensed in your province or territory and comply with all applicable Canadian requirements.
For users in other countries, the Services may not be offered or available where prohibited by law. We reserve the right to restrict access from certain jurisdictions.
California users: Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: if you have a question or complaint regarding the Services, you may contact us at contact@exactisalpha.com. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Exactis Alpha maintains a strict zero-tolerance policy against undisclosed paid promotions, stock touting, or any form of compensation that creates undisclosed conflicts of interest. All contributors and authors are required to disclose any compensation received (direct or indirect), positions held or intended to be held in securities discussed, and any other material conflicts of interest.
Exactis Alpha reserves the right to remove any Content that violates this policy and to cooperate fully with regulatory authorities, including the U.S. Securities and Exchange Commission and Canadian securities regulators.
Exactis Alpha reserves the right to modify these Terms at any time. Changes will be effective upon posting on the Site or other reasonable notice. Your continued use of the Services after such changes constitutes acceptance of the revised Terms. You are responsible for reviewing the Terms periodically.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Exactis Alpha concerning the subject matter hereof and supersede all prior agreements. If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. No waiver of any provision shall be effective unless in writing. These Terms do not create any partnership, joint venture, or agency relationship.
Force Majeure. Exactis Alpha shall not be liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disaster, war, terrorism, labor disputes, internet or utility failures, or governmental action.
Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Exactis Alpha's prior written consent. Exactis Alpha may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
Notices. Exactis Alpha may provide notices to you by email, by posting on the Site, or by other reasonable means. Notices to Exactis Alpha must be sent to contact@exactisalpha.com or to the mailing address in Section 20 (Contact Information).
For questions, notices, or concerns regarding these Terms, please contact:
Exactis Alpha LLC
66 W Flagler St
Miami, FL 33130, USA
contact@exactisalpha.com
These Terms have been prepared to reflect the highest standards of clarity, protection, and compliance for publishers of financial information under U.S. and Canadian law, consistent with established precedents protecting bona fide publishers and emphasizing user responsibility for independent decision-making.