Binding Effect/Modification of Policy and Terms
We reserve the right at any time to:
- Change the terms and conditions of the TOU;
- Change the Site, including eliminating or discontinuing any content or feature of the Site;
- Impose fees, charges or other conditions for use of the Site or parts thereof (with reasonable notice).
Gainshore may modify the Site at any time without prior notice, and you accept those modifications if you continue to use the Site. You should check the Site frequently to see recent changes.
Protection and Opt-In Policy: Gainshore does not contact customers or viewers unless requested to do so by those individuals requiring or requesting further information from us. For many services, both paid and free, Gainshore requires registration. Information is required for account set-up and to enable us to provide the maximum quality of service. Member contact information is used to send information about our company and promotional materials sent from Gainshore. The only people who will receive offers from organizations outside of Gainshore and its affiliates are those who specifically “opt-in” to receive that information; they can choose to “opt-out” of the list at any time.
Copyright, Linking Policy and Trademarks: The Site and the content contained herein, as well as all copyrights, including without limitation, the text, documents, articles, products, software, graphics, photos, sounds, videos, interactive features, services, links, User Submissions (as defined below), third-party apps, and any other content on the Site (“Content”) and the trademarks, service marks and logos contained therein are the property of Gainshore and its third-party licensors or providers. You may access and use the Content, and download and/or print out copies of any content from the Site, solely for your personal, non-commercial use. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by using the Site. Gainshore reserves all rights not expressly granted in and to the Site.
You may link to any content on the Site. If you are interested in reprinting, republishing or distributing content from Gainshore, please contact Gainshore to obtain written consent. Gainshore is a trademark and/or service mark of Gainshore Ltd or an affiliate. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners.
This section shall survive any termination of these TOU.
Restrictions on Use: You may not use the Service for any illegal purpose or in any manner inconsistent with the terms. You agree to use the Service solely for your own non-commercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the Service in any manner that could compete with the business of Gainshore. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by Gainshore and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Gainshore and such others. You agree to protect the proprietary rights of Gainshore and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by Gainshore or its suppliers of content, equipment or otherwise (“Suppliers”) to protect their and others’ contractual, statutory and common law rights in the Service. You agree to notify Gainshore in writing promptly upon becoming aware of any unauthorized access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory or common law rights.
Further Restrictions on Use: You may not copy, reproduce, recompile, decompile, reverse engineer, distribute, publish, display, modify, transmit, or in any way exploit any part of the Service, except that you may download or make one print copy of this Service for your own personal, non-commercial use, provided that all copyright and other proprietary notices are retained. The analysis and data included in Gainshore.com may not be recirculated, redistributed or published without prior written consent from Gainshore. Modification of the Service’s content is a violation of Gainshore copyright. No part of this Service may be offered for sale or distributed.
In addition, in connection with your use of the Site and its services (including by sending private messages to other registered users of the Site via your Gainshore direct messaging account), you agree not to:
Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
Use the Site for any unlawful purpose;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
Disable, damage or alter the functioning or appearance of the Site, including the presentation of advertising;
“Frame” or “mirror” any part of the Site without our prior written authorization;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, “scrape”, “harvest” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
Harvest or collect information about visitors to the Site without their express consent;
Send unsolicited or unauthorized advertisements, spam, chain letters, etc to other users of the Site;
Transmit any Content which contains software viruses, or other harmful computer code, files or programs.
You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and the content made available therein. We aim to prevent, detect and not knowingly facilitate money laundering and terrorism financing activities. You may not use the Site in a manner which violates our anti-money laundering, counter terrorist financing or similar regulatory obligations.
In order to access some of the services of the Site, you will have to create an account. By creating this account you agree to the following:
You may only maintain a single account;
You may never share your account user name or password or knowingly provide or authorize access to your account (including without limitation a “Subscription”);
You may never use another user’s account without permission;
When creating your account, you must provide accurate and complete information;
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure;
You must notify us immediately of any breach of security or unauthorized use of your account.
You will be liable for any use made of your account or password and the losses of Gainshore or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account.
Gainshore has the right to terminate your access to the Site, in its sole discretion.
License: You acquire absolutely no rights or licenses in or to the Service and materials contained therein other than the limited right to utilize the Service in accordance with the terms. Should you choose to download content from the Service, you must do so in accordance with the terms. Such download is licensed to you by Gainshore only for your own personal, noncommercial use in accordance with the terms and does not transfer any other rights to you.
Rights Reserved: All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the “Intellectual Property Rights”) shall, as between you and Gainshore, at all times be and remain the sole and exclusive property of Gainshore. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Gainshore for its exclusive use. Except as specifically permitted by the terms, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the trademarks, trade names, service marks, trade dress, logos or titles of Gainshore or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without Gainshore prior written approval.
Disclaimer and Limitation of Liability: You agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained therein, including, but not limited to, content, services, goods or advertisements (the “Items”) are provided “AS IS” and that Gainshore makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, noninfringement, title or fitness for a particular purpose or use. Gainshore does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses and is not liable for any damage you may suffer as a result of such destructive features. You agree that Gainshore, its Suppliers and its third-party agents shall have no responsibility or liability for any injury or damages, whether caused by the negligence of Gainshore, its employees, subcontractors, agents, Suppliers or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Gainshore by any other party or any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment.
The content of other websites, services, resources, goods or advertisements (including those for which Gainshore may receive compensation) that may be linked to the Service is not maintained or controlled by Gainshore. Gainshore is therefore not responsible for the availability, content or accuracy of other websites, services, resources or goods that may be linked to, or advertised on, the Service. Gainshore does not make any warranty, express or implied, with respect to the use of the links provided on the Service, guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, resources, goods or advertisements that may be linked to the Service or make any endorsement, express or implied, of any other websites, services, resources, goods or advertisements that may be linked to the Service. Gainshore is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Service. You understand that Gainshore and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the terms. You acknowledge that the Service is provided for information purposes only and is not intended for trading purposes, the Service includes information taken from the New York Stock Exchange, American Stock Exchange, NASDAQ and other sources, Gainshore does not guarantee the sequence, accuracy, completeness or timeliness of the Service and the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which Gainshore is a party. Accordingly, anything to the contrary herein set forth notwithstanding, Gainshore, its officers and employees, general partner, affiliates, subsidiaries, successors and assigns, Suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data, abstracts, delays, errors or interruptions in the transmission or delivery of the Service or any loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
Disclaimer of Warranties
THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GAINSHORE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS, INFORMATION PROVIDERS AND ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF THE SITE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ORIGINALITY, ADEQUACY, ACCURACY, TIMELINESS, MERCHANTABILITY OR COMPLETENESS OF ANY INFORMATION ON OUR SITE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
GAINSHORE AND ITS AFFILIATES, SUPPLIERS, AGENTS, SPONSORS, INFORMATION PROVIDERS AND ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF THE SITE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF GAINSHORE OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, SPONSORS, INFORMATION PROVIDERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
Limitation of Liability
NEITHER GAINSHORE NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS, SPONSORS, INFORMATION PROVIDERS NOR ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF THE SITE ARE LIABLE FOR LOST PROFITS, LOST SAVINGS OR 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 SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH GAINSHORE. SUCH LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, EVEN IF GAINSHORE, ITS INFORMATION PROVIDERS, OR ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF ANY PART OF THE SITE HAS BEEN ADVISED OF OR OTHERWISE MIGHT HAVE ANTICIPATED THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO GAINSHORE 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 SITE 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: You agree, at your own expense, to indemnify, defend and hold harmless Gainshore, its employees, representatives, Suppliers, affiliated entities, assigns, agents, including third party agents, against any claim, suit, action, or other proceeding brought against Gainshore, its employees, representatives, Suppliers, affiliated entities, assigns, agents, including third party agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Gainshore, its employees, representatives, Suppliers, and agents is based on or arises in connection with the Service, including but not limited to your use or someone using your computer’s use of the Service; a violation of the terms by you or anyone using your computer; a claim that any use of the Service by you or someone using your computer infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libellous or defamatory, or otherwise results in injury or damage to any third party; any deletions, additions, insertions, or alterations to, or any unauthorized use of, the Service by you or someone using your computer; any misrepresentation or breach of representation or warranty made by you contained herein; or any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
Termination of Service: Either you or Gainshore may terminate the Service at will, at any time and effective immediately. You may terminate the Service by discontinuing use of the Service and destroying all materials obtained from the Service. The Service will terminate immediately without notice from Gainshore if you, in Gainshore’ sole discretion, fail to comply with any provision of these terms. Upon termination by you or upon notice of termination by Gainshore, you must destroy promptly all materials obtained from the Service and any copies thereof. The termination of Service does not impact the terms set forth herein, which shall continue beyond any termination of Service.
Governing Law and Disputes
The Parties agree that this Agreement shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflicts of law provisions.
All disputes arising out of or in connection with the present contract shall be submitted to the International Court of Arbitration of the International Chamber of Commerce and shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.
Miscellaneous: You accept that Gainshore has the right to change the content or functionality of any aspect of the Service at any time at Gainshore sole discretion. You further accept that such changes may result in your being unable to access some or all services.
Severability of terms: If any provision of the terms is found invalid or unenforceable, that provision will be enforced to the maximum extent, and the other provisions of this Agreement will remain in force.
Agreement in entirety
The terms and conditions are the entire agreement between you and Gainshore.
Nature of Service
Gainshore.com contains statements and statistics that have been obtained from sources believed to be reliable but are not guaranteed as to accuracy or completeness. References to any specific securities do not constitute an offer to buy or sell securities. The past performance of a mutual fund, stock, or investment strategy cannot guarantee its future performance.
Information presented is for discussion and educational purposes only and does not intend to make an offer or solicitation for the sale or purchase of any specific securities, investments, or investment strategies. Investments involve risk and, unless otherwise stated, are not guaranteed. Be sure to first consult with a qualified financial adviser and/or tax professional before implementing any strategy discussed herein. While Gainshore believes all information herein is from reliable sources, no representation or warranty can be made with respect to its completeness. Any projections, market outlooks, or estimates in these materials are forward-looking statements and are based upon internal analysis and certain assumptions, which reflect our or our affiliates’ views and should not be construed to be indicative of actual events that will occur. As such, the information may change in the future should any of the economic or market conditions Gainshore used to base its assumptions change. The description of investment strategies in these materials is intended to be a summary and should not be considered an exhaustive and complete description of the potential investment strategies used by Gainshore discussed herein. Any specific security or investment examples in these materials are meant to serve as examples of Gainshore’s investment process only.
From time to time, reference may be made on our Site 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.
The investments are presented for discussion purposes only and are not a reliable indicator of the performance or investment profile of any composite or client account. The reader should not assume that any investments identified were or will be profitable or that any investment recommendations or investment decisions we make in the future will be profitable. Any index or benchmark comparisons herein are provided for informational purposes only and should not be used as the basis for making an investment decision. There are significant differences between Gainshore’s strategy and the benchmarks referenced, including, but not limited to, risk profile, liquidity, volatility and asset composition. You should not rely on these materials as the basis upon which to make an investment decision. There can be no assurance that investment objectives will be achieved. Clients must be prepared to bear the risk of a loss of their investment.
An investor could lose all or a substantial portion of his/her investment.
Investors must have the financial ability, sophistication/experience and willingness to bear the risks of an investment.
Nothing contained on this website constitutes advice on a product or investment, nothing constitutes advice on investments or of a legal nature, tax or otherwise, nor can it be trusted to make a decision on an investment. Potential investors must rely on independent advice and inquire about the laws, trade control regulations and tax burdens of their respective jurisdictions.
This website is made available for information purposes only and does not constitute investment advice, an offer to sell or an invitation to purchase any investment.
Neither Gainshore nor its Information Providers can guarantee the accuracy, completeness, timeliness, or correct sequencing of any of the Information on the Website, including, but not limited to Information originated by Gainshore, licensed by Gainshore from Information Providers, or gathered by Gainshore from publicly available sources. There may be delays, omissions, or inaccuracies in the Information.
The website content is to be considered “bona fide” as it contains unbiased and disinterested commentary and analysis rather than promotional material disseminated to touting particular securities, furthermore the information is not tailored to the individual needs of a specific client and is of general and regular circulation.
Certain documents made available on the website may have been prepared and issued by persons outside of Gainshore Ltd. Statements are included. Gainshore Ltd is in no way responsible for the content of these documents. Except in these cases, the information on the website has been disclosed in good faith and every effort has been made to ensure its accuracy. However, Gainshore Ltd is not responsible for any losses arising from the trust placed in any part of the website and does not provide any guarantee as to the accuracy of any information or content on the website. The terms and conditions applicable to investors will be defined in the relevant prospectuses available on the relevant websites and must be read before proceeding with any investment.
The Site is directed solely to individuals residing in jurisdictions in which provision of the Site’s content is legal. We make no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
It should always be remembered that:
Investment performance in any security referenced on this website may be volatile and fluctuate upwards or downwards, resulting in a loss of the entire investment.
Previous performance is not an indicator of future performance.
Exchange rates may affect the value of investments.
NEITHER GAINSHORE NOR THE INFORMATION PROVIDERS SHALL HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE FOR THE ACCURACY, COMPLETENESS, TIMELINESS, OR CORRECT SEQUENCING OF THE INFORMATION OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION OR “GAINSHORE.COM,” OR FOR INTERRUPTION OF ANY DATA, INFORMATION, OR ANY OTHER ASPECT OF “GAINSHORE.COM.” THE PAST PERFORMANCE OF A MUTUAL FUND, STOCK, OR INVESTMENT STRATEGY CANNOT GUARANTEE ITS FUTURE PERFORMANCE. NEITHER GAINSHORE NOR ITS INFORMATION PROVIDERS MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES CONTAINED IN “GAINSHORE.COM” ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
Gainshore Premium/Executive 100% Money Back Performance Guarantee
The only reason to sign up for a service like ours is to get recommendations that beat the market. If we fail to meet up to that pledge, then we don’t deserve to keep your money.
We are so confident that the stock recommendations will help you outperform the market that we are backing it up with a limited 100% Money Back Performance Guarantee.
Gainshore’s Premium and Executive clients may receive a 100% refund of the subscription fees paid during his/her subscription term if Gainshore’s “best long term and short term investments” underperforms, on a equal weighted basis, against the Benchmark* during the same period.
All of the following criteria must be met to qualify for the refund:
- Must have been a Gainshore’s premium or executive member for at least 36 months;
- The aggregate total performance of such Gainshore Premium and Executive stocks and funds, as measured by the relative rise and fall in market price, including dividends, is less than the performance of the Benchmark* during the same period.
If you meet the preceding criteria, then please send your claim with full documentation to:
Attn: Customer Support- Refunds
128 Kemp House, City Road
London, EC1V 2NX, United Kingdom
If your performance results prove to be less than the Benchmark* given the criteria above, then we will issue your full subscription refund within 10 business days at which time your access to the service will also be cancelled.
To follow up on your claim, then contact us at email@example.com or call +44 (0) 7392 114081.
*Gainshore standard benchmark is represented by the MSCI World.