First and foremost: This service is not an investment advisory service, is not provided by Bluemound Asset Management, LLC and does not offer individualized investment advice.
This is an investment letter service that offers ideas that may or may not fit your risk tolerance, circumstances and goals. You will need to select which ideas are best for you. This service is provided by Kirk Spano Publishing, LLC and is meant for Do-It-Yourself investors only.
What follows is legalise for: your decisions are your decisions.
These Subscriber Terms and Conditions (these “Terms”) govern the use by subscribers (“you” or “your”) to our Services, as defined below, which are published by Kirk Spano Publishing, LLC (“we”, “our” or “us”) and made available on http://FundamentalTrends.com (or any other website):
By using any of our Services, whether paid or free, you agree to comply with these Terms. PLEASE READ THESE TERMS CAREFULLY BEFORE USING OR SUBSCRIBING TO OUR SERVICES. If you do not agree to these Terms, please do not use our Services. Our Services include information delivered via free or subscription content made available on or through any of our websites, emails or other distribution methods, i.e. Twitter, Facebook, Youtube, etc…
We may revise these Terms from time to time. If we change these Terms, a link to the revised version will be posted on the Sites and the effective date will be noted at the bottom of the Terms. You should review the Terms periodically for changes.
Your use of the Services after such changes to the Terms signifies your acceptance of the revised Terms.
2. Right to Use Services
Parts of the Sites, including parts relating to the Paid Service, may be accessed only with a User ID and Password. YOU AGREE THAT SUCH ACCESS TO THE SITES OR THEIR CONTENT WILL BE LIMITED TO THE NAMED USER(S) ONLY. YOU AGREE FURTHER THAT YOU WILL NOT, UNDER ANY CIRCUMSTANCES, ALLOW YOUR USER ID OR PASSWORD TO BE USED BY ANY OTHER PERSON. “Named User” means the identity of the person that is provided to us as the subscriber to any of the Sites. YOUR FURTHER AGREE NOT TO REPRODUCE OR DISSEMINATE ANY IDEAS, RESEARCH OR OTHER CONTENT PROVIDED BY THIS SERVICE TO ANY OTHER PARTY, RELEASE VIA THE MEDIA OR PUBLISH IN ANY WAY. Failure to follow these terms will result in immediate termination of services WITHOUT any refund and may be subject to legal action against you.
2a. Professional Use
Professionals may use this service subject to the following restrictions and terms:
- Must subscribe to R.A.R.E. service at full $799 price – no coupons!
- You must let Mr. Spano know that you are a professional via email. email@example.com
- You may not use the forum, comments section or chat to discuss your professional status in any way, unless preapproved to do so.
- You shall not use or distribute any information, charts, articles or other materials from this site for outside purposes without permission and attribution.
- Kirk is looking for qualified professionals nationally to work with prospective clients on a referring basis. If you can take on new clients and will pay 1/4% of initial assets under management for as long as the client is your client, then contact Kirk directly: letters@KirkSpano.com
3. Important Disclaimers Related to our Services
a. Accuracy of Information Cannot be Guaranteed
Our Services include investment and market information made available through various publications and sources. Although this material is based upon information that we consider reliable and current, we have not verified this information and do not represent that this material is accurate, current or complete, and it should not be relied upon as such. The opinions expressed in such publications are those of the publisher and are subject to change without notice. The information in such publications may become outdated, and we have no obligation to update it.
b. Compensation For Endorsing Products or Services in Publications, “Affiliate” Relationships
We sometimes review or endorse products or services sold by other companies. In most cases, we have established a financial relationship with those companies and are given a fee, commission or reimbursement on sales we generate.
Company policies are in effect that attempt to avoid changes to the price or quality of goods and services provided as a result of these relationships. While we value our subscribers’ trust and endeavor to only endorse products and services we believe in, you are responsible for performing your own due diligence and evaluating whether such products or services are right for you.
c. Ownership of Securities Described in Our Publications
Kirk Spano, Kirk Spano Publishing, LLC and other entities in which Mr. Spano has an interest, employees, managers, members, officers, family, and associates of the foregoing may from time to time have positions in the securities or commodities described in the material published as part of our Services. Corporate policies are in effect that attempt to avoid potential conflicts of interest, and we endeavor to resolve conflicts of interest that do arise in a timely fashion.
There is an inherent conflict of interest between Bluemound Asset Management, LLC and Fundamental Trends. Understand that all investment ideas discussed by Mr. Spano in publications, including, but not limited to, Fundamental Trends are not specific advice as he does not know your particular circumstances.
Bluemound Asset Management, LLC (Bluemound) and Mr. Spano, by rule, will open or close client positions for their benefit without regard to Fundamental Trends members or readers of any other publication. That is, Bluemound clients will act ahead of any public discussion of opening or closing positions that are expected. Mr. Spano will always act as a fiduciary for the benefit of Bluemound clients ahead of all others, thus may not be able to share information until after any expected transactions are completed for Bluemound clients
Bluemound will pay special attention to liquidity issues with securities and attempt to avoid any appearance of or actual frontrunning. Investors who act on information made available by Fundamental Trends or any item published by or through Mr. Spano should understand they are making their decisions likely after Bluemound clients have acted already. This could marginally affect security prices.
d. Content Not to be Construed as Personal Investment Advice
The material published as part of the Services has been prepared for informational purposes only without regard to your individual investment objectives, financial situation or means. Information published as part of the Services is not intended to constitute individual investment advice and is not designed to meet your personal financial situation. The material is not to be construed as an offer to buy or sell, or the solicitation of an offer to buy or sell, any security, financial product or instrument; or to participate in any particular trading strategy in any jurisdiction in which such offer, solicitation or trading strategy would be illegal.
e. No Determination of Suitability Made; Not All Risks Disclosed; Financial Advisors or Consultants Recommended
The fact that we have made information available to you through various Services is neither a recommendation that you enter into a particular transaction nor a representation that any investment described in the Services is suitable or appropriate for you. Many of the investments described by our Services involve significant risks, and you should not enter into any transactions unless you fully understand all such risks and have independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned.
f. Disparagement and Criticism – Any negative comments about the service should be made by direct email to us. We will try to remedy the situation. We remind that this service is meant primarily for investors, not day traders, and is best evaluated over a full investment cycle which generally lasts from 2 to 7 years. Any public criticism will be deemed a breach of the terms of service and will result in a termination of service without any refund, as well as, likely legal action against you.
4. Our Proprietary Rights and Privacy
The Services and the content distributed through the Services, as well as all copyright, trademark and other rights therein, is the property of Kirk Spano Publishing, LLC. You acknowledge and agree that you do not acquire any ownership rights by using the Services.
You agree that you will not copy, republish, upload, post, transmit, distribute, sell or otherwise send to others via email or any other medium any content made available through the Services without first receiving permission from us. Nothing contained herein shall be construed as conferring any license or right under any of our copyrights, trademarks or other rights. Modification of the content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.
You may forward, retweet, like or in other way forward via social media anything that Kirk Spano has posted on social media, which is currently via Facebook, Twitter and LinkedIn, all of which you are invited to follow me on, though only one is generally needed since Kirk’s posts are all about the same, except Twitter, where Kirk gets silly sometimes.
We agree not to share your personal information unless you expressly grant us permission to do so. We do not sell our list of subscribers to anybody ever.
5. Termination of Your Subscription
We hope that you will be fully satisfied with our Services, and that you can use the research and ideas effectively. The following terms apply in the event that you would like to terminate your subscription to our Services:
To cancel this service you must do two things:
Cancel in your user profile when you are logged into FundamentalTrends.com
We recommend that you cancel your payment profile through PayPal.com if that is how you signed up.
Pro-rated refunds ARE NOT offered due to the proprietary nature of our research, service agreements and other interests. This is why we offer a 90 day low cost trial. However, if you contact me within 3 days of an auto renewal to cancel, I will refund all but $80 of your payment which represents a service fee. Any refund requests after 3 days from renewal will not be honored.
We reserve the right to terminate your subscription to any of our Services at any time in our sole discretion. If we do so, we will promptly refund to you a prorated refund of the amount of the subscription payments you previously paid which relate to the remaining subscription period – unless there has been a violation of the terms of service, in which case, there will be no prorated refund.
Termination of your subscription to any of our Services may result from your violation of these Terms or any unauthorized use or reproduction or rebroadcast of any of our publications or information contained in our Services, any infringement or misappropriation of our proprietary rights, or any other reason determined in our sole discretion.
You agree that if your account is terminated by us for these reasons, you will not attempt to establish a new account under any name, real or assumed.
6. Additional Terms Applicable to User Contributed Content
Our Services may include comments, articles and other content which have been contributed by you or other third parties (“User Contributed Content”). You agree to be personally responsible for any User Contributed Content you submit to us and you agree to comply with the following additional terms applicable to User Contributed Content.
Your submission of User Contributed Content constitutes your acceptance, without modification, of these Terms. If you do not agree with these Terms, you should not submit User Contributed Content.
By posting or submitting content to us, you grant us a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sublicense, use, copy, display and distribute such User Contributed Content, and to sell, modify, create derivative works from and/or to incorporate such User Contributed Content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, for any purpose whatsoever, commercial or otherwise, without compensation to you. You agree to waive any moral rights that you may have to your User Contributed Content.
7. International Use
Information published in connection with our Services may contain references to information and materials that are not appropriate or available in countries or regions outside of the United States. Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with local laws, if and to the extent applicable.
8. Disclaimer of Warranties
The Services and any content distributed through the Services is provided “as is” without representations or warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, we, our officers, managers, members, employees, affiliates and agents disclaim all warranties, express or implied, including but not limited to implied warranties of title, non-infringement, merchantability and fitness for a particular purpose or use, and all warranties relating to the accuracy or completeness of any information contained in the Services. Your use of the Services and the information contained therein are entirely at your own risk. No opinion, advice or statement made in our Services or otherwise shall create any warranty.
Neither us nor our officers, managers, members, employees, affiliates and agents will have any liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the failure to maintain your access to the Services, or for any interruption or disruption of such access. We shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the Services.
Under no circumstances shall we be held liable for any delay or failure in performance or other default or damage where such has been caused by acts of nature, forces, or causes beyond our reasonable control including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, electrical power failures, an act of God, war, major disaster, terrorism, third-party criminal acts, insurrection, riot, flood, earthquake, fire, strike, lockout or other labor disturbance, delay by carriers, shortage of fuel, power, materials or supplies, operation of statutes, laws, rules or rulings of any court or government, non-performance of third parties or any other cause beyond our control.
9. Limitation of Liability
In no event will WE or any of our officers, managers, members, employees, affiliates, consultants, contractors or third-party content providers be liable for any special, direct, indirect, incidental, consequential, EXEMPLARY OR PUNITIVE damages, LOST PROFITS OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT.
You agree to indemnify, defend and hold harmless us and our current and former officers, managers, members, employees, affiliates, consultants, contractors, third-party content providers and their successors and assignees from and against any and all liabilities, claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses associated with or incurred as a result of or from (a) your violation of these Terms; (b) your use of the Sites or the Services; (c) the actual or alleged infringement of any of our or third party proprietary or intellectual property right arising out of your copying, republishing, uploading, posting, transmitting, distributing, selling or using the Services in any manner not authorized by us; or (d) any User Contributed Content submitted by you.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin and the United States of America, without giving effect to any principles of conflicts of law. You agree that any conflicts will be resolved internally or via an arbitrator selected by us subject to applicable law. You and we waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.
These Terms represent the entire agreement between you and us relating to your use of the Services and supersedes any and all prior or contemporaneous written or oral agreements on that subject between us. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default under these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default. We reserve all legal rights and remedies available to us.
13. Contacting Fundamental Trends
You may contact us electronically by emailing us at:
letters (at) KirkSpano.com
If there is a need for a telephone call, online meeting or mail correspondence, we can set that up after you reach us by email.