1. Acceptance of Agreement.
2. Disclaimer and Disclosure.
Ivaylo Ivanov is a registered as an investment adviser in New York and California and works personally only with qualified investors. For his educational services, Ivanhoff relies upon the “publisher’s exclusion” from the definition of investment adviser as provided under Section 202(a)(11) of the Investment Advisers Act of 1940 and corresponding state securities laws. As such, Ivanhoff does not offer or provide personalized investment advice via this site, via his Twitter feeds @ivanhoff2 and @IvanhoffTrades or his text messages. This site and all others social media accounts owned and operated by Ivanhoff are bona fide publications of general and regular circulation offering impersonal investment-related advice to subscribers and /or prospective subscribers.
Ivanhoff is registered as an investment adviser in California and New York. Ivanhoff is not a registered broker-dealer. The information we publish is based on our opinions plus our statistical and financial data and independent research. The material provided by Ivanhoff is for informational purposes only, and no mention of a particular security in any of our materials constitutes a recommendation to buy, sell, or hold that or any other security, or that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. To the extent that any of the information obtained from Ivanhoff may be deemed to be investment opinion, such information is impersonal and not tailored to the investment needs of any specific person. Ivanhoff does not promise, guarantee or imply verbally or in writing that any information provided through our websites, newsletters, or reports, in any printed material, or displayed on any of our websites, will result in a profit or loss.
We encourage you to get personal advice from your professional investment, tax, or legal advisor(s) and to initiate independent investigations before acting on any information that we publish. Only you and your professional advisors can determine what level of risk is appropriate for you.
Employees, owners, independent contractors, and/or writers of Ivanhoff may not own positions in the equities, options, and/or securities they recommend in our reports, newsletters, and websites, without disclosing their ownership position. No associated employees will intentionally engage in any transaction that directly or indirectly competes with the interests of our subscribers. Ivanhoff is not compensated in any way for publishing information about stocks referred to in our reports, newsletters, twitter feed, discord room, and websites.
THE INFORMATION, CONTENT AND DOCUMENTS AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OR INABILITY TO USE ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 20 (b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
3. No Legal, Tax, or Investment Advice.
Information contained on or made available through the Site or our products is not intended to and does not constitute tax, legal, or investment advice or recommendations; which should be obtained from your professional advisors prior to engaging in any investment of the type discussed in the information or on the Site. We do not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk.
4. Performance Figures.
While we attempt to evaluate the actual experience and results of subscribers, performance figures should be considered hypothetical. Past results are no guarantee of future performance. Due to the time-critical nature of stock, option, and securities trading, brokerage fees and expenses, and the activity of other subscribers and investors, Ivanhoff cannot guarantee that subscribers will generate the exact returns stated in our promotions and track records. No representation is being made that any account will or is likely to achieve profits or losses similar to those shown in our track records and promotions. Your results may differ considerably depending on a number of factors including when you start or stop investing in a particular security or strategy, which recommendations you choose to act on, how much investment capital you allocate to each position, the specific prices you are executed at, the brokerage commissions and fees you pay, the interest income you earn on idle cash, and the number and size of profitable and unprofitable trades you experience.
Due to these and other factors, testimonials may or may not represent actual results. Any endorsements or testimonials found on our site were voluntarily provided by the people listed. They were not paid a fee or provided with free products or any other benefits in exchange for their statements. The testimonials and endorsements found on our site are to the best of our knowledge true statements, however, we have not independently verified any statements. Please note results mentioned in testimonials and endorsements may not reflect the typical customer experience. These testimonials and endorsements are not a representation or guarantee that you will obtain similar results.
5. Securities Laws.
The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. Actual events or results may differ. We have no obligation to update any information on the Site. The Site and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
6. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other notice contained therein. No printout or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
7. Restrictions and Prohibitions on Use.
8. Forms, Agreements & Documents.
We may make available through the Site or through other websites sample and actual forms, checklists, business documents and legal documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Documents are not tailored for the investment or business needs of any specific person and may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions. Use of any Documents is at your own risk. Some Documents are public domain forms or available from public records.
9. Copyright and Service Marks.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 6 above, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties. “ivanhoff.com” and other marks used on the Site are our service marks or registered service marks or trademarks. Certain other product and company names mentioned on the Site may be trademarks of their respective owners.
10. Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
11. Use of Information.
Certain sections of, or offerings from, the Site may require you to register and/or enter a password. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information, if requested. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You also agree to accept responsibility for all activities that transpire under your subscription account or password. Any password given to you to obtain information or documents is not transferable or assignable. Those under the age of 18 may not use this website or any of Ivanhoff’s paid products. Ivanhoff reserves the right to refuse service, access, terminate subscriptions, remove or edit content, or cancel orders in its sole discretion.
14. Subscription Terms and Payment. Payment for any subscription will be due on the date the order is placed by you for the service. The subscription term will start on the day you register and pay for the service and terminate according to the schedule listed on the order form. Current subscription rates can also be found on the order form before an order is placed. You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
15. Subscription Termination.
All subscriptions can be cancelled at any time. In order to cancel your subscription, please send us an email via Ivanhoff’s Contact page notifying us of your wish to do so or directly at ivo @ ivanhoff.com. Once we have received and processed your cancellation, your subscription will terminate at the end of your current subscription period. No refunds will be issued.
16. Automatic Subscription Renewal.
All subscriptions will renew automatically according to the payment option you selected and authorized at the time of purchase; unless you notify us at least 1 day prior to your renewal. This notification can be through email. If you do not notify us of your desire to cancel, then applicable subscription fees will automatically be billed to the same credit card used to initiate the subscription.
17. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
18. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely, without errors, or otherwise reliable. This information is based on prospectus’, SEC filings, public filings, current events, press releases, interviews, books, lectures, and is often derived directly from the information published by the companies on which we report, without independent verification. You should not make any investment decision based solely on what you read on our website or in any of our investment reports or newsletters.
Material based on fact is obtained from sources believed to be reliable, but we are not responsible for any errors or omissions, or for the results of action taken based on information contained herein, on our websites, in our reports and newsletters. Nothing herein should be construed as an offer to buy or sell securities or to give individual investment advice. Due to numerous factors, including, but not limited to, changing market conditions, such discussions and positions may no longer be representative of current discussions and positions. Ivanhoff does not in any way warrant or guarantee the success of or endorse any action that you take in reliance of or on the information we provide or that is derived from our websites, newsletters, or reports.
We may add, change or delete the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
20. Limitation of Liability.
(a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond our or an Affiliated Party’s control.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, HEREBY SHALL NOT EXCEED THE FEES RECEIVED BY IVANHOFF FROM SUBSCRIBER AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY. FURTHER, IVANHOFF WILL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR INDIRECT DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF OR RELIANCE UPON ANY MATERIAL PROVIDED BY IVANHOFF.
Without limitation, IVANHOFF shall not be responsible or liable for any losses or damages related to, either directly or indirectly, (1) any decline in market value or loss of any investment, (2) a subscriber’s inability to use or any delay in accessing any of IVANHOFF’s websites or any other source of information provided by Ivanhoff, (3) any absence of material or information on any of Ivanhoff’s websites or information sources, (4) Ivanhoff’s failure to deliver any material or (5) any other kind of error in transmission of material; or (6) the use by a subscriber of any research to invest in any way may be deemed unsuitable in accordance with certain industry standards. Ivanhoff and the subscriber acknowledge that, without limitation, the above-enumerated conditions cannot be the probable cause of any breach of any agreement between Ivanhoff and the subscriber. “No-risk” and “risk-free” refer solely to the price of the subscription and its ability to be refunded.
21. Advertisers and Third Party Content.
The Site may contain advertising and sponsorships. Advertisers, sponsors or other third-party content may appear on the Site or may be accessible via links from the Site. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We do not endorse the products or services advertised on the Site and make no representations or warranties about the kind or quality of products or services. We do not verify licenses, accreditations, or qualifications of any third party. We are not responsible for and assume no liability for any inaccuracies, mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography, or profanity in the statements, opinions, representations, or any other form of content on the Site. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and are neither endorsed by nor does it necessarily reflect our belief. You are responsible for the purchase and use of any third-party product or services.
The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored, or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. You acknowledge that Ivanhoff has no control over any third-party sites. If you decide to leave our Site and access these third-party sites, you do so at your own risk. You should contact the site administrator or webmaster for other websites if you have any concerns regarding such links or content located on such other websites.
If you purchase anything through a link in one of our emails or from a link on our website, you should assume that we have an affiliate relationship with the company providing the product or service that you purchase, and that we will be paid in some way. We recommend that you do your own independent research before purchasing anything.
22. Third-Party Services.
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
23. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; b. A description of the copyrighted work that you claim has been infringed; c. A description of where the material that you claim is infringing is located on the Site; d. Your address, telephone number, and email address; e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at Ivanhoff Inc.
24. Information and Press Releases.
The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
25. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
26. Refund and Return Policy.
We do not offer refunds or returns on any of our products unless described on the order form. If you’d like to cancel your subscription, please send us an email notifying us of your wish to do so. Once we have received and processed your cancellation, your subscription will terminate at the end of your current subscription period.
Again, no refunds will be issued, unless described on the order form.
Please note, however, that certain products and services mentioned on our site are sold by third parties or are linked to third-party Web sites, and we have no responsibility or liability for those products or services. You may obtain any additional information concerning our refund and return policy, including our mailing address, by contacting us via email.
IVANHOFF is not affiliated with any brokerage firm and does not endorse or recommend any specific brokerage firm. IVANHOFF is not and will not be responsible for any trades made by a broker on the subscriber’s behalf under any circumstances.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Diego, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in San Diego, California necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred through JAMS.
Your right to use the Site is not transferable or assignable. This Agreement shall be treated as though it were executed and performed in San Diego, California, and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement, including but not limited to Section 2 and Section 20. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
These terms and conditions including those that are incorporated by reference, constitute the entire agreement and only agreement between you and IVANHOFF and govern the use of our websites, products, services, reports, and newsletters. Our rights under this Agreement shall survive any termination of this Agreement. Notwithstanding any other agreement or communication(s) between IVANHOFF and the subscriber to the contrary, receipt or use of any material or information provided by IVANHOFF, at any time and through any means, whether directly or indirectly, represents acknowledgment and acceptance by such person of the terms and conditions of this agreement.
Effective October 4, 2019