Website User Agreement
This website, www.greyvm.com (the "Site"), is owned and operated
by Grey Value Management, LLC ("GVM"). By accessing or using
the Site, you hereby accept and agree to comply with the terms and conditions
set forth in this Website User Agreement (the “User Agreement”).
This User Agreement is a binding agreement between you and GVM and governs
your access and use of the Site, which includes any information, data,
tools, products, services and other content (together, "Content")
available on or through the Site. You may contact GVM by e-mail firstname.lastname@example.org
with questions about the terms and conditions of this User Agreement.
PLEASE READ THIS USER AGREEMENT
CAREFULLY BEFORE USING THE SITE. EACH TIME YOU USE THE SITE, YOUR USE
INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THIS USER
AGREEMENT IN ITS THEN CURRENT FORM.
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THIS USER AGREEMENT,
DO NOT USE THE SITE.
1. GVM grants you a limited right to use the Site.
- Your right to use the Site
is subject to your agreement to abide by this User Agreement in its
entirety, as well as any other rules, procedures, policies, terms or
conditions that govern all or any portion of the Site.
- Although the Site does not
currently require a password or other secured means of access, GVM may
revoke your right to use all or any portion of the Site.
- You may not violate or attempt
to violate the security of the Site.
The Site and its Content are owned by
GVM, its future affiliates and/or third parties.
- The Site is protected by
one or more copyrights, patents, database rights, trademarks, servicemarks
and/or other intellectual property and proprietary rights that are owned
by GVM, its affiliates and/or third parties.
- Grey Value Management, [www.greyvm.com]
and other names and indicia of GVM and its products and/or services
are exclusive trademarks and servicemarks or registered trademarks of
GVM. Other product and company names appearing on the Site may be trademarks
of their respective owners.
- You may not decompose, decompile,
reverse engineer, disassemble or otherwise deconstruct all or any portion
of the Site.
- You may not publish, broadcast,
retransmit, reproduce, repackage, frame, commercially exploit, create
any derivative of or otherwise redistribute all or any portion of the
Site except as explicitly permitted in this User Agreement.
- You may print copies of
any accessible portion of the Site only for your own internal use. You
may discuss information that you learn from the Site with your financial,
legal or tax advisors, and others with whom you share investment decisions.
- You may not remove any copyright,
trademark or other proprietary notice or legend contained on (or printed
from) the Site.
You make certain representations and warranties regarding your use
of the Site.
- You represent and warrant
- You have full authority
and all rights necessary to enter into and fully perform all of your
obligations pursuant to this User Agreement;
- You have not and you will
not enter into any agreement or perform any act which might contravene
the purposes and/or effects of this User Agreement;
- In connection with your
use of the Site, you will not employ any virus or other computer programming
routine or engine that is intended to damage, detrimentally interfere
with, intercept or expropriate any system, data or information; and
- All information that you
provide in connection with your use of the Site is true and complete.
You assume various risks in using the Site.
- We make no guarantees, promises
or assurances regarding the Site.
- We make no representation
that there is any correlation between the content contained in the Site
and profitable investments. You may lose money if you make investments
in reference to information contained in this Site.
- There are many market, currency,
economic, political, business, technological and other risks that are
beyond our control.
- We make reasonable efforts
to provide accurate Content on the Site. However, some Content and some
of the assumptions, formulas, algorithms and other data that impact
the Content may be inaccurate, outdated or otherwise inappropriate.
- Some Content and some of
the data used in the Content come from third parties. We believe that
these third parties are reliable but we are not responsible for any
third party information.
- Dated Content speaks only
as of the date indicated.
- Any projections contained
on the Site reflect the views of management only at the time originally
made, and are subject to various risks, uncertainties and other factors
that could cause materially different results. We do not intend to update
- We may change any portion
of the Site at any time without notice to you.
- We are not liable for any
damage or loss to you resulting from these or any other risks.
5. You have various responsibilities
when using the Site.
- You alone are responsible
for your use of the Site.
- You must make your own independent
- We are not involved in any
dealings between you and any third party. You release GVM and its affiliates,
agents and employees and you agree to hold them harmless from any claims,
demands and damages (actual and consequential, direct and indirect)
of every kind and nature that may arise out of or in any way are connected
with a dispute between you and any third party.
- You agree that we are
not liable for any action you take or any decision you make in reliance
on the Site.
We do not give investment recommendations or accounting, tax or legal
advice on the Site.
- All Content is for informational
- Nothing on the Site is an
offer or a solicitation of an offer to buy or sell securities.
- Although the Site includes
information regarding specific securities and the investment process
generally, you should not consider anything you find on the Site to
be an individualized recommendation to buy, sell, hold or otherwise
pursue or invest in any specific security, investment or investment
- We do not give any advice
or make any representations through the Site as to whether any security
or investment is suitable to you or will be profitable.
- Nothing on the Site is intended
to be, and you should not consider anything on the Site to be, accounting,
tax or legal advice.
- If you would like investment,
accounting, tax or legal advice, you should consult with your own financial
advisors, accountants or attorneys regarding your individual circumstances
- The past performance
of any investment, investment strategy or investment style is not indicative
of future performance.
We may have conflicts of interest with respect to any securities mentioned
on the Site.
- GVM, its affiliates and/or
their officers and employees may acquire, hold or sell a position in
any securities mentioned on the Site, or have a contractual relationship
with any companies mentioned on the Site.
- Any opinion expressed on
the Site may differ from opinions expressed by affiliates or representatives
In the event that password access is implemented, if you are given
a password, you must keep such password confidential.
- You are solely responsible
for maintaining the confidentiality and security of your password. You
may not disclose your password to any third party.
- You accept full responsibility
for any use of your password.
- You must notify us immediately
of any actual or suspected loss, theft or unauthorized use of your password.
- We are not obligated to
inquire as to the authority or propriety of any use of or action taken
under your password. We will not be responsible for any loss to you
that arises from such use or action or from your failure to comply with
GVM is not liable for any technological problems and any impact that
they may have.
- All or any portion of the
Site may not be available and may not function properly at any time.
- We make reasonable efforts
to avoid technological problems, but at any time the Site may have and
may cause problems such as viruses and other damaging computer programming
routines or engines.
- We take reasonable security
precautions when using the Internet, telephone or other means to transport
data or other communications, but we disclaim liability for any interception
of data or communications.
- We are not liable for any
damage or injury caused by the performance or failure of performance
of all or any portion of the Site.
- We are not liable for any
defects, delays or errors in or resulting from your use of the Site.
GVM is not responsible for any aspect of any third party
- If you access any third
party website through the Site or otherwise, you do so at your own risk.
- When you access another
website through ours, you understand that it is independent from GVM
and that GVM has no control over the Content on that website.
- Hyperlinks to or from the
Site do not constitute third party endorsement, sponsorship or affiliation
of, with or by GVM.
- GVM is not responsible or
liable for any aspect of any products, services or other Content appearing
on or available through any third party website.
GVM has the right to monitor and record activity on the Site and respond
as it deems appropriate.
- We may monitor and record
activity on the Site for any reason.
- We may investigate any complaint
or reported violation of our policies.
- We may report any activity
that we suspect may violate any law or regulation to regulators, law
enforcement officials or other persons or entities that we deem appropriate.
- We may issue warnings, suspend
or terminate use of the Site, deny access to all or part of the Site
or take any other action that we deem appropriate.
GVM respects your privacy.
- Personal nonpublic information
that we gather from you will be governed by our Privacy
GVM DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND THE CONTENT
THAT THE LAW ALLOWS IT TO DISCLAIM.
- The Site, including all
content, is provided “as is” and
- We disclaim all representations
and warranties, express or implied, of any kind with respect to this
Site and the content, including warranties of:
- Fitness for a particular
- Non-infringement of intellectual
property and proprietary rights.
- Without limiting our general
disclaimer, we do not warrant the availability, accuracy, completeness,
timeliness, functionality, reliability, sequencing or speed of delivery
of the Site or its content.
GVM'S LIABILITY WITH RESPECT TO THE SITE AND THE CONTENT IS LIMITED
TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- In no event will we or any
of our affiliates, agents or employees be liable for any indirect, incidental,
special, punitive or consequential damages, however caused, arising
out of this user agreement, the Site, the content, the inability to
use the Site, or transactions entered into through the Site.
- Our liability is limited
even if we have been advised of the possibility of the damages that
you suffer or if any remedy you have fails to serve its essential purpose.
- Under all circumstances,
the maximum liability of GVM and its respective affiliates, agents and
employees to any user of the Site with respect to the Site and its content
- This disclaimer of liability
applies to any and all damages or injury, including those caused by
any failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus, communication
line failure, theft, destruction, or unauthorized access to, alteration
of, or use of any asset, whether for breach of contract, tortuous behavior,
negligence or under any other cause of action.
You will be responsible for any liability to
GVM that arises out of your breach of this User Agreement or your use
of the Site.
- You agree to indemnify,
defend and hold harmless GVM and its affiliates, agents and employees
from and against any and all suits, losses, claims, demands, liabilities,
damages, costs and expenses (including reasonable attorneys' fees) that
arise from or relate to:
- your use of the Site,
- your breach of this User
Agreement or any representation, warranty or covenant made by you in
this User Agreement,
- your violation of any applicable
law, statute, ordinance, regulation or of any third party's rights,
- claims asserted by third
parties which, if proven, would place you in breach of representations,
warranties, covenants or other provisions contained in this User Agreement.
YOU WILL SETTLE ANY DISAGREEMENTS WITH
GVM BY ARBITRATION IN NEW YORK CITY UNDER THE SUBSTANTIVE PROVISIONS
OF NEW YORK STATE LAW.
- Regarding the resolution
of any controversy, you understand that:
- Arbitration is final and
binding on the parties.
- The parties are waiving
their right to seek remedies in court, including the right to a jury
- Pre-arbitration discovery
is generally more limited than and different from court proceedings.
- The arbitrators' award is
not required to include factual findings or legal reasoning and any
party's right to appeal or to seek modification of rulings by the arbitrators
is strictly limited.
- The panel of arbitrators
will typically include a minority of arbitrators who were or are affiliated
with the securities industry.
- You and GVM agree that any
dispute that arises between us that we cannot resolve informally will
be submitted to binding arbitration pursuant to the rules of the American
- You and GVM agree that any
arbitration shall be conducted in the Borough of Manhattan, New York
- Any questions about the
nature of our relationship or the law surrounding this relationship
will be governed by New York State law without giving effect to conflicts
of law principles.
- No person shall bring a
putative or certified class action to arbitration nor seek to enforce
any pre-dispute arbitration agreement against any person who has initiated
in court a putative class action or who is a member of a putative class
who has not opted out of the class with respect to any claims encompassed
by the putative class action until:
- the class certification
is denied; or
- the class is decertified;
- the customer is excluded
from the class by the court. Such forbearance to enforce an agreement
to arbitrate shall not constitute a waiver of any rights under this
User Agreement except to the extent stated herein.
You will be bound by revised versions of this User Agreement that we
post on the Site.
- Modifications will be effective
immediately upon posting unless we indicate otherwise.
- Your use of the Site indicates
your full acceptance of this User Agreement in its then-current form
each time you use the Site.
You are bound by certain other general conditions.
- This User Agreement constitutes
the entire understanding, and supersedes all other understandings, between
you and GVM concerning the subject matter hereof.
- Certain sections of the
Site may include additional terms and conditions that govern use of
those sections. You will be bound by those additional terms and conditions,
and they will be considered part of this User Agreement.
- GVM may assign this User
Agreement in whole or in part at any time without your consent. You
may not assign this User Agreement or delegate any of your obligations
under this User Agreement. Any purported assignment of this User Agreement
in violation of its terms is void.
- If any provision of this
User Agreement is found invalid or unenforceable, that provision shall
be enforced to the maximum extent possible and the remaining provisions
of the User Agreement shall remain in full force and effect.