Terms of Use
By accessing the content distributed by The Idea Farm, L.P. [and its affiliates] (“we”, “our” or “us”) available on the website[s] www.theideafarm.com [www.mebfaber.com, and www.themebfabershow.com] ([collectively,] the “Site”), you accept and agree to comply with the following Terms of Use (the “Terms”). The Terms constitute a binding legal agreement that govern your access and use of the Site, which includes any information, services and other content available on or through the Site, that we distribute to you (if you subscribe to receive our newsletter and other information from us) (the “Services”) or that is disseminated by us on our social media profiles (together, “Content”).
By visiting the Site, you acknowledge and agree to these Terms and our Privacy Policy, which may be updated by us at any time. Updates to the Terms will be posted here. Any such changes will be effective upon posting. You should consult the “Terms of Use” link on this Site each time you visit the Site.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. YOU ALSO AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS THE SITE, AND YOU AGREE NOT TO ACCESS THE SITE OR SUBSCRIBE FOR THE SERVICES.
Important General Disclaimers
a. Accuracy of Information Cannot be Guaranteed
Content includes information made available through the Services and our publications and podcasts, [such as The Idea Farm’s newsletter, The Best Investment Writing, The Meb Faber Show, and Meb Faber: Research Stock Market & Investing Blog.] Content also includes information shared via our social media profiles. Although Content is based upon information that we consider reliable and current, we have not verified this information and do not represent that Content is accurate, current or complete, and it should not be relied upon as such. We are not responsible for information produced by a third party that is referred to in, or accessible or connected by hyperlink to any Content. We specifically disclaim any liability for any loss or damages which a viewer may incur by visiting any websites that we hyperlink to in the Content. You are advised to review the terms of use and privacy policies of any website that you visit. We disclaim responsibility for the privacy policies and customer information practices of third-party internet websites linked from the Content. Hyperlinks to or from the Content do not constitute third party endorsement of or affiliation with us or any affiliate of The Idea Farm, LP.
The opinions expressed in all Content, including podcasts and social media posts, are those of the speaker or author of such statements only and are subject to change without notice. The information in such Content may become outdated, and we have no obligation to update it.
b. Compensation For Endorsement and Sponsorship
We regularly 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 commission or reimbursement on sales we generate]. 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. [We may also receive compensation or free products from brands we feature in our Content as sponsors or otherwise.] This compensation may influence the information or topics we write about, but our reviews and recommendations are based on our honest opinion, analysis and experience.
c. Ownership of Securities
The Idea Farm, LP, its affiliates and their respective representatives, officers, employees, family members, associates and agents may from time to time have positions in the securities or commodities described in the Content.
d. Content Not to be Construed as Personal Investment Advice
Content is for informational purposes only, and has not been prepared with regard to your individual investment objectives, financial situation or means. Content 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. You agree that we are not liable for any action you take or decision you make in reliance on any Content.
e. No Determination of Suitability Made; Not All Risks Disclosed; No Recommendations
The fact that we have made Content available to you, including through the 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 in the Content 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.
THE PAST PERFORMANCE OF ANY INVESTMENT, INVESTMENT STRATEGY OR INVESTMENT STYLE IS NOT INDICATIVE OF FUTURE PERFORMANCE. No representation is being made that any investment or transaction will or is likely to achieve the profits or losses similar to those achieved in the past, or that significant losses will be avoided.
f. Content on Social Media Platforms
We post Content on a variety of third party social media platforms. We are in no way affiliated with such platforms and have no responsibility for their operations and services. Any likes, comments or other opinions expressed by persons appearing on our pages or posts appearing on such platforms do not necessarily represent our views or the views of our affiliates. We are not responsible and do not endorse the information, advertising, products, advice, opinions, recommendations or other materials available from other members of any social media platform. Due to various regulations and internal policies, or those of our affiliates, we may not reply to certain user comments from time to time. We also may remove information posted by others that appears on our social media pages that is profane, unlawful, threatening, discriminatory or malicious.
Proprietary Rights; No Unlawful Use
The Services and all Content, as well as all copyright, trademark and other rights therein, is the property of The Ideal Farm, LP or the providers of the materials included in such Content (as applicable).
The Content is for your personal and non-commercial use. We grant you a non-exclusive, non-transferable, revocable and limited personal license to access and use the Site and receive the Services, conditioned on your continued compliance with these Terms of Use. At any time and for any reason we may revoke your right to use all or any portion of the Site or receive the Services. You may not modify, copy (except as set forth below), distribute, transmit, display, perform, reproduce, publish, frame, license, create derivative works from, transfer, sell or commercially exploit all or any part of the Content or any information, products or services obtained from the Site. If you link other websites to this Site, you may not imply or suggest that The Idea Farm or its affiliates has endorsed or is affiliated with such websites and you may not display this Site as “framed” within another website. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. You may print one hardcopy of the information and download one temporary copy of the information into one single computer’s memory solely for your own personal, non-commercial use and not for distribution, provided that all relevant copyright, trademark and other proprietary notices are kept intact. You are prohibited from using the Site or any Content to advertise or perform any commercial solicitation. You also are prohibited from using any robot, spider, scraper or other automated means to access the Site for any purpose without our prior written permission. You may not take any action that imposes, or may impose, in our absolute discretion, an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Site, the Services, any activities conducted on the Site, or bypass any measures we may use to prevent or restrict access to the Site. Any rights not expressly granted herein are reserved.
Nothing contained herein shall be construed as conferring any ownership rights or any license or right under any of our copyrights, trademarks or other intellectual property 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.
As a condition to your use of the Site, you represent and warrant to, and agree with us that you will not use the Site for any purpose that is unlawful, prohibited by these Terms or that otherwise inhibits anyone’s use or enjoyment of the Site. In using the Site, you agree to obey the law, respect the rights of others and avoid objectionable, defamatory or disruptive behavior.
We have the right (but not the obligation) to monitor the Site for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you, and we may at any time revoke your right to use all or a portion of this Site. We may investigate any complaint or suspected violation of these Terms and may report any activity relating to this Site to regulators, law enforcement officials or other persons or entities it deems appropriate.
Termination of Services
You may unsubscribe from the Services at any time by sending us a request to remove yourself from the relevant distribution list or clicking the “unsubscribe here” link appearing in our emails. Every email notification you receive will include a link for you to remove yourself from the distribution list.
We reserve the right to terminate your subscription to any of our Services at any time in our sole discretion. 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 we terminate your Services for any of these reasons, you will not attempt to resubscribe under any name, real or assumed.
Additional Terms Applicable to User Contributed Content
Content may include comments, articles and other materials 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.
a. Acceptance
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.
b. License
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.
c. Conduct
When you submit any User Contributed Content to us, you agree to the following:
- You agree to be personally responsible for your User Contributed Content and to communicate your comments and opinions in a lawful and respectful manner;
- You agree that any User Contributed Content submitted by you does not defame any person or violate or infringe the intellectual property rights of any person including, without limitation, trade secrets, confidential information, copyrights, trademarks, patents, rights of publicity or any other proprietary rights;
- You agree not to submit any User Contributed Content which contains advertising, promotional materials or any solicitation of products or services without our prior written consent;
- You agree to submit User Contributed Content that is related to the subject matter of the Site and that complies with applicable law;
- You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- You agree not to submit any User Contributed Content that violates any local, state, national or international law, including but not limited to regulations of the U.S. Securities and Exchange Commission or other securities laws, any rules of any securities exchange, including without limitation, the New York Stock Exchange or The Nasdaq Stock Market or to engage in activity that would constitute a criminal offense or give rise to a civil liability;
- You agree not to submit User Contributed Content which is abusive or harassing to any other person;
- You agree not to submit any User Contributed Content which contains nudity, language or other material that may be considered “adult”, obscene, indecent, objectionable or offensive;
- You agree not to harvest, collect or store personally identifying information about other users of the Site or to otherwise invade anyone’s privacy or disclose another person’s personally identifiable information in your User Contributed Content;
- You agree not to upload, post, email, otherwise transmit, or post links to any User Contributed Content that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Site or any third party software, site, equipment or service;
- You agree not to engage in any activity which may compromise the stability or availability of the Site or use the Site to compromise the availability or stability of any third party site or service;
- You agree not to reverse engineer, hack, spam, block, disrupt, or otherwise change or alter, or attempt to change or alter, the Site; and
- You agree not to circumvent any security measures on the Site or submit User Contributed Content after your access to the Services or contributing privileges have been terminated by us.
If you are aware of or experience any circumstances that appear to be a violation of these Terms, please inform us by contacting us via email to: [email protected].
d. Disclosure of Conflicts of Interest
When you submit any User Contributed Content to us, you also agree to abide by the following disclosure rules:
- You agree to disclose any conflict of interest, ownership interest, business, employment, or other financial relationship you have with any company or stocks named in any User Contributed Content you submit including, without limitation, the existence at the time of writing of a long or short position (including stocks, options or other instruments).
- You agree not to submit User Contributed Content with the intent to increase or decrease a stock’s price and sell or purchase the stock as a result of such increase or decrease.
- You agree to disclose any intent to purchase or sell a stock within three trading days of submitting User Contributed Content that discusses that stock.
e. Responsibility for User Contributed Content
Comments and views expressed on User Contributed Content are those of the contributors only and do not necessarily represent our views. We do not endorse and specifically disclaim all responsibility and liability for any User Contributed Content. We have no obligation to pre-screen or monitor User Contributed Content; however, we reserve the right to monitor, delete, move or edit User Contributed Content, in whole or in part, in our sole discretion at any time without notice to you. We also reserve the right to terminate your access to or ability to submit User Contributed Content at any time, without notice, for any reason whatsoever.
f. Copyright Infringement Notices
We respect the intellectual property rights of others and it is our policy to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and take appropriate actions under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.
Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will terminate access to the Services for any subscribers who are repeat infringers.
If you believe that your work has been copied in a way that constitutes copyright infringement, please send a written notice to us at the address below with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may submit a notice electronically by emailing us at [email protected] or in writing to:
The Idea Farm Copyright Agent
3300 Highland Avenue
Manhattan Beach, CA 90266
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.
Disclaimer of Warranties
The Content, including the Services, is provided “as is” and “as available” 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 Content. Your use of the Content and the information contained therein are entirely at your own risk. No opinion, advice or statement made in our Content 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.
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, 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 OR CONTENT EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE CONTENT AND SERVICES IS TO STOP USING IT.
Indemnification
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 Content in any manner not authorized by us; or (d) any User Contributed Content submitted by you.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without giving effect to any principles of conflicts of law. You and we irrevocably consent to the sole and exclusive jurisdiction of the state courts located in Los Angeles County, California or the U.S. District Court for the Southern District of California in connection with any action, suit or other proceeding arising out of or related to these Terms or your use of the Services. 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.
YOU AND US AGREE THAT BOTH WE AND YOU MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, EXCEPT WHERE DOING SO IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY.
Miscellaneous
These Terms represent the entire agreement between you and us relating to your use of the Content 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.
Contact
You may contact us by writing to:
The Idea Farm, LP
3300 Highland Avenue
Manhattan Beach, CA 90266