Terms of Use
& Disclosures.
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Introduction
These terms and conditions apply between you, the User of this Website herein (the "Site") including any sub-domains, unless expressly excluded by their own terms and conditions, and James McKay trading as McKayResearch herein ("we" "us" "our"or "McKayResearch"), the owner and operator of the Site. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Site. If you do not agree to be bound by these terms and conditions, you should stop using the Site immediately.
In these terms and conditions, User or Users means any third party that accesses the Site and is not either (i) employed by McKayResearch and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services McKayResearch and accessing the Site in connection with the provision of such services.
You must be at least 18 years of age to use this Site. By using the Site and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
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Important Disclosures & Disclaimers
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This Site has been designed for informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any security or interests in any investment vehicle or company that may be referenced on the Site. Any such offer can only be made where lawful under and in accordance with applicable laws and regulations. The information provided through this Site is for personal, non-commercial use and display. McKayResearch does not intend to provide investment advice through this Site and does not represent that any securities or investment vehicles discussed on the Site are suitable for any investor. Investors are advised not to rely on any information contained in this Site in the process of making a fully informed investment decision. McKay Research does not, and this Site does not intend to, render tax or legal advice.
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News, views, opinions, recommendations and other information obtained from sources outside of McKayResearch are believed to be reliable, but we cannot guarantee the accuracy or completeness of such information. Any opinions expressed on the Site are statements of our judgment as of this date and are subject to change without notice. Any action taken as a result of reading the independent market research contained on this Site is solely the responsibility of the reader. McKayResearch is not and does not profess to be a professional investment advisor, and strongly encourages all readers to consult with their own personal financial advisors, attorneys, and accountants before making any investment decision. Further, McKayResearch reserves the right to change or amend the information provided at any time and without prior notice. All materials on the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures and any copyright or proprietary notices, including those contained in these Terms of Use. Any disclaimers, restrictions or disclosures apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
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Intellectual property and acceptable use
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1. All Content included on the Site, unless uploaded by Users, is the property of McKayResearch , our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Site, including any such content uploaded by Users. By continuing to use the Site you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.
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2. You may, for your own personal, non-commercial use only, do the following:
a. retrieve, display and view the Content on a computer screen
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3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of McKay Research.
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Prohibited use
4. You may not use the Site for any of the following purposes:
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a. in any way which causes, or may cause, damage to the Site or interferes with any other person's use or enjoyment of the Site;
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b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
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c. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
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Links to other websites
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5. This Site may contain links to other sites. Unless expressly stated, these sites are not under the control of McKay Research or that of our affiliates.
6. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
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7. The inclusion of a link to another site on this Site does not imply any endorsement of the sites themselves or of those in control of them.
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Privacy Policy and Cookies Policy
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8. Use of the Site is also governed by our Privacy Policy and Cookies Policy, which are incorporated into these terms and conditions by this reference.
Availability of the Site and disclaimers
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9. Any online facilities, tools, services or information that McKayResearch makes available through the Site (the Service) is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. McKayResearch is under no obligation to update information on the Site.
10. Whilst McKayResearch uses reasonable endeavours to ensure that the Site is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
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11. McKayResearch accepts no liability for any disruption or non-availability of the Site.
12. McKayResearch reserves the right to alter, suspend or discontinue any part (or the whole of) the Site including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Site unless it is expressly stated otherwise.
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Limitation of liability
13. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
14. We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
15. To the maximum extent permitted by law, McKayResearch accepts no liability for any of the following:
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a. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
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b. loss or corruption of any data, database or software;
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c. any special, indirect or consequential loss or damage.
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General
16. You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
17. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Site from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
18. These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
19. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
20. If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
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21. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
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22. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
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McKayResearch details
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23. McKayResearch of 5 Elder Court, Woodmill Road, London, E5 9GG operates the Site www.mckayresearch.com.
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You can contact McKayResearch by email on james@mckayresearch.com.
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Attribution
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24. These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).
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