Terms and conditions of use

Crabel Website Terms and Conditions of Use

This website, www.crabel.com, is provided to you as a service of Crabel Operations, LLC and Crabel Capital Management, LLC, (collectively, “Crabel” or “we”). This website is the proprietary property of Crabel and/or third parties from whom Crabel has obtained rights to provide access to you.

Please read these Terms and Conditions of Use (the “Terms”) carefully. By accessing this website, you agree to be bound by these Terms. The Terms are subject to change at any time without prior notice and any such changes will be incorporated and posted to this website. If you do not agree with these Terms, please do not access this website.

Use of This Website

This website is for informational purposes only. Neither the information, nor any opinion contained on this site constitutes a solicitation, recommendation or offer to buy or sell any product (including futures, commodities, securities, or other financial instruments) or service, nor shall any such product or service be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase or sale would be unlawful under the laws of that jurisdiction. Nothing contained on this website constitutes investment, legal, tax, regulatory or other advice, nor should it be relied upon in making an investment or other decision.

If you base a decision on information contained on this website, you will be solely responsible for that decision. Any price or performance data appearing on this website is not a reliable indicator of future results and no warranty, express or implied, is made regarding future performance. You should obtain relevant and specific professional advice before making any investment decision.

You agree that: (a) you shall not use this website or any content on this site for any purpose that is contrary to, or is in violation of, any applicable law or regulation; and (b) you shall use this website and the content on this site exclusively for your personal, non-commercial informational purposes. Except as otherwise expressly provided in these Terms, you may not modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell, copy or otherwise use in any other way, any content on this website. If you copy or download any such content you agree not to obscure, delete or modify any notices or legends contained therein.

You agree not to: (a) use any device, software or routine to interfere or attempt to interfere with the proper working of this website; (b) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up this website; or (c) delete or alter any material posted on this website, in each case without the express written consent of Crabel.

Privacy

Please read our Privacy Policy to learn more about Crabel’s commitment to protecting information about you.

Monitoring of Site

We expressly reserve the right to monitor all use of this website. You agree that Crabel may (as it deems appropriate) monitor, record, store, and retrieve any activities, transactions or communications transmitted through or in connection with this website. This website uses cookies which may automatically collect certain non-personal information and data. A cookie is a piece of data stored on a user’s hard-drive containing information about a user’s use of a website. By using this website, you consent to the use of cookies.

Information from Outside Sources and Third-Party Content

Crabel will not be responsible for the accuracy or completeness of any information provided by third-party sources, whether provided on this website, by a hyperlink on this website, or by a link from another website to this website.

No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which this website may link, including information on the site regarding this website. Crabel disclaims responsibility for the privacy policies and customer information practices of any third-party sites hyperlinked to or from this website. By providing access or information to other websites, Crabel is not recommending or endorsing the products or services provided by any site’s sponsoring organization. Following links from and to this website is at your own risk.

Limitation on Liability

IN NO EVENT SHALL CRABEL HAVE ANY LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) LOSSES OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF THIS WEBSITE.

ALL INFORMATION AND CONTENTS OF THIS WEBSITE ARE FURNISHED “AS IS” AND CRABEL DISCLAIMS, TO THE FULLEST EXTENT OF THE LAW, ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Although Crabel intends the information contained on this website to be accurate and reliable, errors may occur. Crabel does not warrant the information to be free of errors, that the functions contained in the site will be uninterrupted, that defects will be corrected, or that the site and servers are free from viruses or other harmful components.

Crabel is not responsible for the means you use to access this website, including your hardware, software, the Internet, your Internet Service Provider, and other third parties involved in connecting you to this website. Crabel disclaims responsibility for any damages third parties may cause to you, whether intentional or unintentional, as a result of your accessing or using this website. For example, you understand that hackers could breach Crabel’s security procedures and we will not be responsible for any related damages.

By using this website, you accept at your own risk that the Internet and online communications medium may not perform as intended despite your efforts, the efforts of your Internet service provider or Crabel’s efforts. You, and not Crabel, assume the entire costs of all necessary servicing, repair, or correction of your property or operations as a result of using this website.

Indemnity

As consideration for access to, and use of, this website, you agree to indemnify, defend, and hold harmless Crabel and its affiliates, and the officers, directors, employees, and agents of Crabel and its affiliates, from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorney’s fees and costs, arising out of or in any way connected with your access to or use of this website or any decisions that you make based on the contents on this website.

Jurisdictional Issues and Applicable Law

Unless otherwise specified, Crabel operates this website from its office within the State of Wisconsin, United States of America. We do not claim that any content on this website is appropriate or available for use in locations other than Wisconsin. If you choose to access this site from other locations, you do so on your own initiative and you are responsible for compliance with any local laws.

Information from this website must not be used in any jurisdiction where prohibited by law and must not be used in a way that would be contrary to local law or legislation. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from the United States.

The laws of the State of Wisconsin govern these Terms without reference to conflict of law principles. If you take legal action relating to these Terms, you agree to jurisdiction only in the Circuit Court of Milwaukee County, Wisconsin, or the United States District Court for the Eastern District of Wisconsin, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.

Severability and Integration

If any provision of these Terms is held to be unenforceable, the remaining provisions will continue in full force and effect. These Terms represent the entire agreement between you and Crabel regarding the subject matter herein.

Headings

Headings are used in these Terms for convenience of reference only and do not constitute a part of the Terms.

Last Modified: April 2017