By using our site or subsequent sites owned by Birinyi Associates, Inc ("Site"), you are agreeing to comply with and be bound by the following terms and conditions. You need to agree to all of the following terms and conditions, to use this Site. The terms "Birinyi", "us", "we" or "our" refer to Birinyi Associates, Inc. The term "Service" includes, but is not limited to, the text, emails, content (both electronic and “hard copy”), graphics produced by Birinyi Associates, Inc and appearing on this Site. The terms "you" and "your" refer to the user of the Service or viewer of this Site.
Acceptance of Agreement
By using this Site, you represent to us that you have read and agree to the terms and conditions set forth in this document, which constitutes a legal and binding agreement between you and us (the "Agreement"). This Agreement constitutes the only and entire agreement between you and us, and supersedes all prior agreements, representations, warranties and understandings with respect to your use of the Site and the Service. This Agreement may be amended at any time by us, and from time to time, without any notice to you. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using or viewing this Site or the Service. You also agree to comply with U.S. law regarding the transmission of any information or data obtained from the Site or the Service in accordance with this Agreement. You also agree to not disrupt or interfere with the Site or the Service or use the Site or the Service for illegal purposes.
Copyrights and Trademarks
The works of authorship contained in the Service, including but not limited to all data, design, text, images, charts, audio, video or other data compilations or collective works, and all trademarks, trade names, service marks and other intellectual property, are owned, except as otherwise expressly stated, by Birinyi or one of our data providers, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of Birinyi in each instance. You agree to abide by all copyright notices or restrictions contained in the Site or the Service.
Disclaimer and Limitations of Liability
All information, data and analysis contained in the Site, or the Service are provided "AS IS" and without warranty of any kind, either expressed or implied. All information, data and analysis provided by the Site, or the Service is for informational and educational purposes only and is not a recommendation to buy or sell a security or basket of securities, including but not limited to equities, options and other derivative products, fixed income products, and ETFs. Birinyi believes all information, data and analysis contained in the Service to be accurate, but does not guarantee its accuracy. Under no circumstances, including, but not limited to, negligence and gross negligence, shall Birinyi, any of Birinyi´s affiliates, employees, or other third party data providers be liable to you for direct, indirect, consequential, incidental, special, punitive or exemplary damages even if an authorized Birinyi representative has been advised specifically of the possibility of such damages, arising from the use of or inability to use the Site or the Service, such as, but not limited to, losses, loss of revenue, anticipated profits or lost business. In no event shall Birinyi´s total liability to you for all damages, losses, and causes and action (whether in contract or tort, including but not limited to negligence) exceed the amount paid by you, if any, for accessing this Site or using the Service. All opinions expressed on this Site are subject to change without notice, and you should always obtain current information and perform appropriate due diligence before making trades or investment decisions. Birinyi, any of Birinyi´s affiliates, employees, may have long or short positions in the securities discussed in the Service and may purchase or sell such securities without notice. Birinyi uses various methods to evaluate investments which may, at times, produce contradictory recommendations with respect to the same securities. The performance of Birinyi´s past recommendations or investments is not a guarantee of future results and there is no guarantee that the results achieved in the past will be achieved in the future. As with all investment decisions (sales, purchases and short sales) you should perform your own independent research to determine if a given asset, stock, bond, ETF, option, future or commodity is suitable to your own unique risk tolerance. FURTHER, ALL INVESTMENTS CAN LOSE MONEY.
The securities mentioned in this Site or in the Service may not be suitable for all types of investors; their value and income they produce may fluctuate and/or be adversely affected by a multitude of factors that Birinyi has not researched nor intends to research.
Termination of Service
Either you or Birinyi may terminate this Agreement with or without cause at any time and effective immediately. You may terminate the Agreement by discontinuing use of the Service and destroying all materials obtained from the Site or the Service. This Agreement will terminate immediately without notice from Birinyi if you, in Birinyi´s sole discretion, fail to comply with any provision of this Agreement. Upon termination by you or upon notice of termination by Birinyi, you must promptly destroy all materials obtained from the Site or the Service and any copies. The Copyrights and Trademarks and Disclaimer and Limitations of Liability provisions of this Agreement shall survive any termination of this Agreement.
Refunds
If the service is canceled by you, for any reasons within 30 (thirty) days of your initial sign-up a minimum charge of 30 (thirty) days of service will be due and charged, the remaining balance, if any, will be promptly refunded. If you cancel after 30 (thirty) days of sign-up a pro-rated refund will be given.
Automatic Renewal and Pricing
By accepting this agreement, you authorize Birinyi to automatically renew your service at the then prevailing rate in effect at the time of your renewal. You understand that your credit card will be kept on file with Birinyi. It will be automatically charged for another term of the service and will continue to be charged at each anniversary, or month (dependent on your subscription term), until you cancel such service. Birinyi reserves the right to change the pricing of the Services at its sole discretion and without notification. Birinyi has no obligation to ensure that your email that you have provided to the Site for notifications is accurate, up-to-date or that notifications are received to that email. Not receiving an email from the Site regarding the auto-renew feature of the website does not relieve you of your agreement for auto renewal.
Governing Law
This Agreement and the relationship of the Parties in connection with the subject matter of this Agreement shall be governed by, and construed in accordance with, the laws of the State of Connecticut, applicable to contracts entered into and performed within the state. The Parties hereby submit to the non-exclusive jurisdiction of the Federal or state courts located in Fairfield County, Connecticut. The parties unconditionally waive their respective rights to a jury trial for any claim or cause of action arising out of or relating to, directly or indirectly, this Agreement, any of the related documents, or any dealings between them arising out of or relating to the subject matter of this transaction or any related transactions.
Site Operation
The Site or the Service may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions, such as "acts of God," war or terrorism. Although Birinyi makes every reasonable effort to minimize such downtime, Birinyi does not guarantee full availability of the Site or the Service.
Interpretation
If any provision of this Agreement is found invalid or unenforceable, the following section on Limited Remedies & Liability provision will be enforced to the maximum extent permissible, and the other provisions of the Agreement will remain in force.
LIMITED REMEDIES & LIABILITY
IN NO EVENT SHALL BIRINYI BE LIABLE FOR ANY OF THE FOLLOWING: LOST PROFITS, LOST REVENUE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WITH RESPECT TO THE DATA COMPONENTS OF ANY DATA SERVICE, SUCH COMPONENTS ARE PROVIDED ON AN “AS IS” BASIS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, NEITHER BIRINYI NOR ANY OTHER PARTY MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY DATA SERVICE, AND BIRINYI EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE
General
No modifications of this Agreement shall be valid or binding on either party unless acknowledged in writing and signed by a duly authorized officer of Birinyi. All notices or other communications given under this Agreement shall be in writing, sent to the address set forth below as principal place of business or such other addresses as Birinyi may designate pursuant to this Section, by overnight courier or personal delivery. Notice shall be deemed given upon receipt. A copy of any notice or other communication given by you to Birinyi shall be sent to:
Birinyi Associates
PO Box 711
Westport, CT 06881
The parties agree that this Agreement is the complete and exclusive statement of the agreement between the parties, which supersedes all prior communications and agreements between the parties relating to the subject matter of this Agreement.
Contact
If you have any questions, concerns or comments, please email jrubin@birinyi.net