Terms And Conditions - HPstrats LLC

HPstrats LLC Terms of Service, Usage & Conditions Policy

User Consent to HPstrats LLC Terms of Service (TOS), Usage & Conditions

You (paying/non-paying user) represent that you have read and agree to be bound by the Terms of Service (TOS), Usage & Conditions Policy listed below which sets forth the terms and conditions governing your use of this website.

This website (hpstrats.com) is owned and operated by HPstrats LLC (“our”, “us”, “we”, “its”).

By accessing/using this website in any manner, directly, indirectly, automated, or otherwise, you acknowledge, agree, and accept to be bound by our policies and to use this website in accordance with all of the Terms of Service (TOS), Usage & Conditions that apply to this website and its products and services provided by HPstrats LLC, currently and in the future.

We reserve the right to change these Terms of Service (TOS), Usage & Conditions or to impose new conditions on the use of this website as needed, and will accordingly post the revised/updated Terms of Service (TOS), Usage & Conditions here.

Intellectual Property & Restrictions on Use

This website hpstrats.com, and all of its current as well future content, individually and collectively, and in any/every format without limitation as well as the trademarks, service marks, trade names, copyrights, logos, domain names, code, patents and/or any other form of intellectual property that relates to this website, are owned by or licensed by HPstrats LLC or other third parties and are protected from any unauthorized use, copying, modifying, and dissemination by intellectual property, and/or proprietary rights and by the laws and treaties of the U.S. and other countries.

You acknowledge, agree, and accept that this website and its contents are the intellectual property of HPstrats LLC, its affiliates/subsidiaries, and of third parties where applicable and that they hold the sole and exclusive rights and privileges currently and in the future to such intellectual property individually and collectively under the domestic or foreign laws of any governmental authority. You further agree to notify this website and HPstrats LLC promptly upon becoming aware of any unauthorized use of this website and/or violation of HPstrats LLC’s intellectual property in any shape or form or of any intellectual property claim that this website or HPstrats LLC infringes upon.

Except as specifically permitted by the Terms of Service (TOS), Usage & Conditions you may not copy, modify, or use any of the content or the intellectual property rights of this website or that of HPstrats LLC for any purpose, without HPstrats LLC’s prior written approval. You agree to abide by all applicable copyright and other laws, as well as any/every notice or restriction contained here regarding violation of this website’s and HPstrats LLC’s intellectual property rights, and those of third parties where applicable, during and after the term of this agreement and also agree to comply with all reasonable written requests to protect such intellectual property.

You agree to use this website solely for your own use and benefit, and any violation of the restrictions contained herein with the Terms of Service (TOS), Usage & Conditions, usage agreements, and policies (expressed or implied), the law as applicable, and any other misuse of this website operated by HPstrats LLC is strictly prohibited and will attract legal action.

Fees and Payments

HPstrats LLC which owns and operates this website hpstrats.com reserves the right at any time to charge fees for access to portions of this website or for this website as a whole.

When HPstrats LLC requires a fee for portions of this website or this website as a whole, HPstrats LLC will require you to register and create an account. The decision to provide the information required to create an account is purely voluntary and optional. However, if you elect not to provide such information, you will not be able to access certain content or participate in certain parts or features of this website.

You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. All fees and charges shall be billed to you, and you shall be solely responsible for their payment at the time of purchase.

Please note that our subscription terms for investment research and other services are as follows: Billed annually, and paid upfront. All sales are final, once purchased. You are free to cancel and/or not renew your subscription at any time. We offer no refunds, except on a pro-rated basis when HPstrats LLC is voluntarily not able to provide services.

Registration and Account Creation

As part of the registration and account creation process necessary to obtain access to certain portions of HPstrats LLC’s services through its website hpstrats.com, specifically those portions that require a payment of subscription fees, you will select a username and a password. You will provide this website and HPstrats LLC with certain registration information, all of which must be accurate, truthful, and updated.

You shall not:

select a username already used by another person;
create an account for anyone other than yourself without permission;
use a username in which another person has rights without such person’s authorization; or
use a username or password that this website and HPstrats LLC, in their sole discretion, deem offensive or inappropriate.

HPstrats LLC and this website reserve the right to deny the creation of your account based on this website’s and HPstrats LLC’s inability to verify the authenticity of your registration information.

You shall be solely responsible for maintaining the confidentiality of your password.

You shall immediately notify this website and HPstrats LLC of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

You are fully responsible for all usage and activity on your account, including, but not limited to, use of the account by any third party authorized by you to use your username and password.

You agree you will not sell, transfer, or assign your login or any login rights. If the computer system on which you accessed this website is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through the use of this website’s and HPstrats LLC’s services.

Disclaimer and Limitation of Liability

You agree that your use of this website hpstrats.com owned and operated by HPstrats LLC is at your sole risk and acknowledge that this website and anything contained within this website, including, but not limited to, content, services, goods, or advertisements are provided “as is” and “as available”, and that HPstrats LLC makes no warranty of any kind, express or implied, as to the service, including, but not limited to, merchantability, non-infringement, title, or fitness for a particular purpose or use or those arising by statute or otherwise in law from a course of dealing or usage of trade.

HPstrats LLC does not warrant that the availability of or the functions contained in this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available is free of viruses or other harmful components, or that this website, the service or server do not violate any patent or other intellectual property rights of any person or entity.

HPstrats LLC does not warrant or make any representations regarding the use or the results of the use of this website or the service in terms of their correctness, accuracy, reliability, or otherwise. You (and NOT HPstrats LLC) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not fully apply to you.

Your Authority to Agree to HPstrats LLC’s Terms of Service (TOS), Usage & Conditions Policy

You represent, warrant, and covenant that you have the power and authority to enter into an agreement regarding HPstrats LLC’s Terms of Service (TOS), Usage & Conditions Policy, and also agree to abide by the terms of this agreement.

HPstrats LLC Privacy Policy

HPstrats LLC Privacy Policy describes how HPstrats LLC (“our”, “us”, “we”, “its”) collects, uses, and shares information provided to us through this website hpstrats.com.

We collect information about paying/non-paying users (“you”, “your”) for the services provided through our website. Some of the information collected may be personal data as defined below. Your rights regarding personal data are described in this Privacy Policy.

By using this website, you agree that your information will be handled as described by this Privacy Policy and that your usage and any disputes over privacy are subject to this Privacy Policy which is a subset of our Terms of Service (TOS), Usage & Conditions Policy as described in this page.

Information We Collect From Clients

HPstrats LLC and hpstrats.com do not collect any personal information about you unless you voluntarily provide it to us. We collect information about you through your use of our website hpstrats.com or when you register for an account on our website. We will also use your information for, but not limited to, communicating with you in relation to products and services you have purchased from us. We may also gather additional personal or non-personal information in the future.

When you create an account, you provide us with a username, password, real name, phone number, company name, and email address. This information is used for the purposes of maintaining your account on our website. Your email is only used for important account notifications.
Information about your computer hardware and software may be automatically collected by this website. This information can include your IP address, browser type, domain names, access times, and referring websites. This information is used for the operation of this website, to maintain the quality of the website and its services, and to provide general statistics regarding the use of the website.
IP address (IP): IPs are anonymized before processing.
Assembling statistics regarding the use of this website. (Accurately counting unique visitors is a vital statistic for any website).
Preventing fraud and abuse, and maintaining information security. (Full IP addresses are necessary for this type of usage). Recital 47 of the GDPR states: “The processing of personal data strictly necessary for the purposes of preventing fraud also constitutes a legitimate interest”.

Your personal data that we log is as follows:

Your Unique Identifier (UID) and IP address, per the legitimate interests above.
Your account username, per the legitimate interests above, as well as to help with our paying/non-paying user service needs.

We may keep track of the website links and pages all our users visit within this website, in order to determine what pages and services are the most popular. This data is used to deliver customized content and advertising within this website to all users whose behavior indicates that they are interested in a particular subject area.

Your personal data shall only be retained for as long as it is required to fulfill our contractual requirements.

How We Use Your Information

HPstrats LLC and hpstrats.com use and process your information for the following purposes and legitimate interests:

To provide and maintain our services to you.
To help understand how paying/non-paying users use our website on an individual and aggregate basis in order to improve it.
To help with paying/non-paying user service needs, and in troubleshooting issues that you report to us.
To contact you with important account notifications.
Other research and analytical purposes such as website performance, paying/non-paying user behavior and retention, and common navigations through this website.
To respond to inquiries from paying/non-paying users and prospective clients.

How We Share Your Information

HPstrats LLC and hpstrats.com may share your information with service providers or contractors who perform actions or functions on our behalf, but only as necessary to provide and maintain this website and provide services to you. All such third parties are prohibited from using your personal information except to provide these services to us, and they are required to maintain the confidentiality of your information. We do not sell, rent, or lease our client lists to third parties.

We may also share your information without notice to you for legal reasons, such as:

Meeting applicable laws, regulations, legal processes, or enforceable governmental requests.
In response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
Detecting, preventing, or otherwise addressing fraud, security, or technical issues.
Protecting against harm to the rights, property, or safety of HPstrats LLC, hpstrats.com, our paying/non-paying users, or the public as required or permitted by law.
Enforcing our Terms of Service (TOS), Usage & Conditions Policy.

If the ownership of all or substantially all of our business changes, or if HPstrats LLC is subject to a merger, consolidation, or other reorganization, or if HPstrats LLC, declares bankruptcy or is subject to another insolvency event, we may transfer your information as part of this website to the new owner. In such a case, your information would remain subject to the promises made in any pre-existing Terms of Service (TOS), Usage & Conditions Policy.

Cookies

Cookies are used as part of rendering HPstrats LLC’s services through its website hpstrats.com. A cookie is a text file that is placed on your hard disk by a webpage server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. All cookies are first-party unless otherwise noted. Temporary session cookies (that expire when you leave a website) are not listed. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the features and services of our website or other websites that you visit from weblinks provided on our website.

In addition, this website uses:

Google Analytics, a web analytics service provided by Google (Alphabet, Inc). Google Analytics uses cookies to help us analyze how our paying/non-paying users use this website. The information generated by the cookie about your use of this website (including your IP address) will be transmitted to and stored by Google. For more information about Google Analytics and how Google uses your information, see here. You may refuse the use of cookies by selecting the appropriate settings on your browser, or by enabling the Do Not Track settings in your browser. However, please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
MonsterInsights, a WordPress plugin to connect to Google Analytics from our website hpstrats.com

Weblinks to Other Websites

This website hpstrats.com owned and operated by HPstrats LLC contains weblinks to other websites. We are not responsible for the content or privacy practices of such other websites. We encourage our paying/non-paying users to be aware when they leave our website to read the privacy statements of any other website that collects personally identifiable information.

Data Safety and Security

HPstrats LLC and this website hpstrats.com to the best of our ability will protect all of our data, and our paying/non-paying user data from loss, misuse, and unauthorized access and destruction.

HPstrats LLC through its website hpstrats.com in the normal course of conducting its business stores your data on servers provided by third-party website hosting vendors with whom we have contracted. We ensure that these reputable hosting service providers have the technical capability, have a track record of data safety, security, and privacy, and are compliant with all legal requirements regarding data safety, security, and privacy.

This website uses Secure (HTTPS) access and Secure Sockets Layer (SSL) protocol to help keep your information, including login credentials, secure in transit. Further, we use a two-step authentication process using your email address for your login to be confirmed with a verification code. You are responsible for using a strong and unique password for this website to help keep your account secure, and also for ensuring the security of your password by keeping it private and confidential. We are not responsible for any unauthorized activity on your account because of lost, weak, or compromised passwords.

We retain personal data on behalf of our paying/non-paying users for as long as needed to provide our services to them, or as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Children Under Thirteen

HPstrats LLC or its website hpstrats.com do not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

Your Rights

You have the following rights with respect to your personal data:

The right to be informed – your right to be informed by anyone processing your personal data about what they are processing, why, and who else the data may be shared with.
The right of access – your right to see what data is held by us.
The right to data portability – your right to ask for any data supplied directly to us to be provided in a structured, commonly used, and machine-readable format.
The right to rectification – your right to have your data corrected or amended if what is held is incorrect in some way.
The right to restrict processing – your right to ask for a temporary halt to the processing of personal data wherein a dispute or legal case has to be concluded, or the data is being corrected.
The right to object – your right to object to further processing of your data which is inconsistent with the primary purpose for which it was collected, including profiling, automation, and direct marketing.
The right to erasure – your right under certain circumstances to have your personal data to be deleted. This would apply if the personal data is no longer required for the purposes it was collected for, your consent for the processing of that data has been withdrawn, or the personal data has been unlawfully processed.

Withdrawing Your Consent

You can withdraw your consent for hpstrats.com and HPstrats LLC to use your personal information at any time by emailing hpstrats@hpstrats.com

Changes to This Policy

The Terms of Service (TOS), Usage & Conditions Policy as comprehensively described above is active as of 9/30/2023. It is updated as needed, and we will accordingly post the revised/updated Terms of Service (TOS), Usage & Conditions Policy here. We will also notify you via your registered email address or a notice on this website hpstrats.com prior to any significant changes becoming effective regarding personal data. We encourage you to periodically review this page for updates. Your continued use of this website and/or services provided by HPstrats LLC through this website after such changes will constitute: (i) acknowledgment of the modified policy; and (b) agreement to abide and be bound by that policy.

Complaints

If you have any complaints about any or all aspects of our Terms of Service (TOS), Usage & Conditions Policy, please contact us at hpstrats@hpstrats.com and we will try to resolve the issue.