Unhedged Terms of Service

Unhedged Inc (“Unhedged”, “we” or “us”) provides its website, Unhedged (located at https://www.unhedged.com), together with our mobile application (our “Services”), to you, an individual user (“you”) for your individual usage, subject to compliance with the terms and conditions set forth herein. If you wish to use our services in a commercial or professional capacity, please contact us at support@unhedged.com for additional information. Effective Date: August 1, 2019

1. Agreement

By using our Services, you agree to be bound by our Terms of Use (“TOU”) and our privacy policy. If you do not agree to the terms and conditions set out in the TOU and privacy policy, please do not use our Services.

2. CHANGES TO THE TERMS OF USE & PRIVACY POLICY

Unhedged reserves the right at any time to change the terms and conditions set forth in this TOU. We further reserve the right to modify and change the site, which may include eliminated, discontinuing, or limiting certain features or content. While it is our intention to offer significant portions of our site for no charge, accessing certain features, data and content will be subject to fees or charges. You should check our website frequently to see recent changes.

3. USER CONTENT & CONDUCT

When using our Services, you and other users may contribute content to our site. Such content contributions can be in the form of adding and categorizing information in our ‘folder’ system on the left margin of the website, uploading content via our ‘DataShare’ system, or communicating with other users.

You are solely responsible for the content of, and for any harm resulting from, any content you contribute.

Our site strives to make transparent which information may be shared with other users and which information is private and only available and viewable by you. Users may choose to create folders, portfolios and other account settings that are private. The content in these folders is not made available to other users on this site without that user expressly initiating the ability to share that information.

If you choose to post content in a public manner, via a public folder, contribution to a public folder, any other uploads or contributions to any other portion of our site, including, but not limited to, ‘DataShare’, messages, and chat, you are solely responsible for that content, and we reserve the right in our sole discretion to remove any content posted by you if we deem it necessary to maintain the integrity of the site and/or the quality of discussion on the site.

Any content contributed to our site is the sole responsibility of the person from whom such content originated, and you access such content at your own risk. Unhedged cannot guarantee the identity of any users you may interact with using our Services, nor do we routinely monitor contributed content posted by users. We have no control over, and assume no responsibility for, the content, accuracy or opinions expressed by users.

Our Services may contain links to third-party websites that are not owned or controlled by Unhedged. We do not monitor or verify any content from third-party sites that may be linked to from our site, including links provided by other users of our site.

You may not download data from our site in bulk for redistribution. We reserve the right to remove any content that we believe violates any laws, incites hatred or violence, includes inappropriate material, infringes copyrights, contain business solicitations or advertising, or contain vulgarity.

4. NO INVESTMENT RECOMMENDATIONS OR PROFESSIONAL ADVICE

Unhedged does not provide any investment, tax, or legal advice and nothing on the site should be construed as an offer to buy or sell any security or any type of financial product. You should consult an attorney or tax professional if you have any questions.

5. COPYRIGHT AND TRADEMARKS

Unhedged, www.unhedged.com, UnhedgedApp, HedgeClip, Unhedged Mobile App and all other services provided by Unhedged are the property of Unhedged, Inc. and its third-party licensors or data providers. You may access and use our content, download and print our content, and share certain of our content to social media, strictly for your own personal, non-commercial use.

You may link to content on our site, and you may share content to social media websites such as Twitter. Any sharing should include attribution to Unhedged. Our site’s built in sharing tools encourage sharing and provide attribution to Unhedged automatically.

6. USAGE RESTRICTIONS AND LIMITATIONS

Unhedged and our data providers provide the data on this website for personal use only. Users that would like to use this service for commercial purposes must contact us at support@unhedged.com. Certain data is provided by third parties.

This data currently includes historical financial statements, forward earnings estimates, earnings transcripts and stock price data (collectively, the “Third Party Data”. Users may use Third Party Data for internal purposes only. User may copy, paste and distribute only insubstantial amounts of the Third Party Data contained on Unhedged’s platform.

Data will be considered an “insubstantial amount” if such amount (i) has no independent commercial value, (ii) could not be used by the recipient as a substitute for any product or service provided by our Third Party Data providers.

7. DISCLAIMER OF WARRANTIES

Our Services and site are provided ‘as is’, without any representations or warranties of any kind, either express or implied. We cannot warrant that our use of the site will be uninterrupted, error-free or secure at all times. You assume total responsibility and risk for your use of the site.

8. LIMITATION OF LIABILITY

Unhedged and its affiliates and respective officers, directors, employees, information providers nor any other third party involved in or related to the creation or maintenance of our Services are liable for any losses or damages arising out of, or related to, your use of our Services and our website. The sole and exclusive maximum liability to Unhedged for all damages, losses and causes of action (including legal fees related to bringing any claims) shall not exceed the total amount paid to us by you, if any, for your access to our Services in the prior 6 months to bringing the claim.

9. INDEMNIFICATION

As a condition of using Unhedged, you agree to indemnify, defend and hold us, our officers, directors, employees, information providers and any other third party related to creating or maintaining our Services harmless from and against any and all claims, damages, losses, costs (including reasonable attorney’s fees) or other expenses that arise directly or indirectly from your violation of the TOU, your violation of the rights of any third party or any claim arising as a result of content you contribute that may cause damages to a third party.

10. TERMINATION

Unhedged may terminate your access to the site for breaches of our TOU or repeated violations of third-party copyrights or other third party agreements.