Use of Gainsky Investment Ltd sites
The Gainsky Investment Ltd Sites are intended only for your personal, non-commercial use, unless you and Gainsky Investment Ltd have agreed otherwise in writing.
Gainsky Investment Ltd is committed to providing continuous customer service and support; however, we recognize that there are potential risks that could disrupt our ability to serve you. We have implemented a business continuity management program with a strong governance model and commitment from senior management.
Professionally managed accounts
Gainsky Investment Ltd, a registered investment adviser, provides advisory services. This service provides dealer-broker services for a commission.
Broker-dealer's potential conflicts
As a broker-dealer, Gainsky Investment Ltd or its affiliates may act as principal for its own account or as agent for its customers in connection with the sale to you or purchase by you of a security that is the subject of content prepared by Gainsky Investment Ltd. If it receives a mark-up or commission or acts as agent for another person in connection with any such transaction, Gainsky Investment Ltd may have a potential conflict of interest. You understand this potential conflict and acknowledge that you may choose to effect securities transactions at another broker-dealer.
Copyright policy, linking policy and trademarks
The Gainsky Investment Ltd Sites are protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in the Gainsky Investment Ltd Sites, including any text, graphics, video, audio, software code, user interface design or logos.
Unless you and Gainsky Investment Ltd have agreed otherwise, links from another web site to a Gainsky Investment Ltd Site must resolve to the top-level homepage of a Gainsky Investment Ltd domain (e.g., gainsky.com). In order to avoid confusion if you do link from another web site to a Gainsky Investment Ltd Site top-level homepage, your web site, and the link itself, may not suggest that Gainsky Investment Ltd endorses, sponsors or is affiliated with any non-Gainsky Investment Ltd web site, entity, service or product, and may not make use of any Gainsky Investment Ltd trademarks or service marks other than those contained within the text of the link.
All trademarks and service marks on the Gainsky Investment Ltd Sites belong to Gainsky Investment Ltd or an affiliate, except third-party trademarks and service marks, which are the property of their respective owners.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Gainsky Investment Ltd with the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works;
3. An identification of the allegedly infringing material, and a description of where that material is located on the Gainsky Investment Ltd Sites;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner.
Third-party content and research
The Gainsky Investment Ltd Sites include general news and information, commentary, interactive tools, quotes, research reports and data concerning the financial markets, securities and other subjects. Some of this content is supplied by companies that are not affiliated with any Gainsky Investment Ltd Entity “Third Party Content”. On the Gainsky Investment Ltd Sites, the source of all Third Party Content is clearly and prominently identified. Third Party Content providers include, but are not limited to, CNN Money, Dow Jones, MarketWatch, and Reuters. Third Party Content is available through framed areas, through hyperlinks to third party web sites, or is simply published on the site. The Third Party Content is protected by copyright pursuant to British Virgin Island Common Law and international treaties and is owned or licensed by the Third Party Content provider(s) credited.
Gainsky Investment Ltd has not been involved in the preparation, adoption or editing of Third Party Content and does not explicitly or implicitly endorse or approve such content. The Third Party Content providers do not implicitly or explicitly endorse or approve the Third Party Content, nor do they give investment advice, or advocate the purchase or sale of any security or investment.
While Gainsky Investment Ltd makes every attempt to provide accurate and timely information to serve the needs of users, neither Gainsky Investment Ltd nor the Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites.
Third Party Content is provided for informational purposes only and Gainsky Investment Ltd and the Third Party Content providers specifically disclaim any responsibility for Third Party Content available on the site. You will use Third Party Content only at your own risk. THE THIRD PARTY CONTENT IS PROVIDED ON AN “AS-IS” BASIS. THE THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Timeliness of content
All content on the Gainsky Investment Ltd Sites is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
Because all servers have limited capacity and are used by many people, do not use Gainsky Investment Ltd Sites in any manner that could damage or overburden any Gainsky Investment Ltd server, or any network connected to any Gainsky Investment Ltd server. Do not use Gainsky Investment Ltd Sites in any manner that would interfere with any other party's use of the Gainsky Investment Ltd Sites.
Means of access
The Gainsky Investment Ltd Sites are generally intended to be viewed by a conventional web browser with a screen resolution of 800 by 600 pixels or greater. Although you may use other means to access the Gainsky Investment Ltd Sites, be aware that the Gainsky Investment Ltd Sites may not appear accurately through other access methods, and you use them only at your own risk.
You should not access the Gainsky Investment Ltd Sites through devices or services that are designed to provide high-speed, automated, repeated access, unless such devices are approved or made available by Gainsky Investment Ltd.
Certain parts of the Gainsky Investment Ltd Sites are protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the Gainsky Investment Ltd Sites, or to any other protected materials or information, through any means not intentionally made available by Gainsky Investment Ltd for your specific use.
Password security and notification
If you have a password for access to non-public areas of the Gainsky Investment Ltd Sites, you are solely responsible for maintaining the confidentiality and use of the password and other security data, methods and devices. Further, you are responsible for all activities that occur in connection with your password including all instructions electronically transmitted or use of any data, information or services obtained using your password and other security data. Gainsky Investment Ltd shall not be under any duty to inquire as to the authority or propriety of any instructions given to Gainsky Investment Ltd by you or via your password and shall be entitled to act upon any such instructions and Gainsky Investment Ltd will not be liable for any loss, cost, expense or other liability arising out of any such instructions. Accordingly, you should take steps to protect the confidentiality of your password. As an authorized user you accept full responsibility for the monitoring of your account including frequently checking your account information, reviewing your transaction history online and promptly reviewing any correspondence, account statements and confirmations received from Gainsky Investment Ltd. Notify Gainsky Investment Ltd immediately if you become aware of any unauthorized activity, disclosure, loss, theft or unauthorized use of your password. You agree to cooperate with Gainsky Investment Ltd in any investigation and agree to take corrective measures to protect your account from further fraudulent activity.
LIMITATION OF LIABILITY
· GAINSKY INVESTMENTS LTD WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE GAINSKY INVESTMENTS LTD SITES AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF GAINSKY INVESTMENTS LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
· GAINSKY INVESTMENTS LTD WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH GAINSKY INVESTMENTS LTD DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
As a condition of your use of the Gainsky Investment Ltd Sites, you agree to indemnify and hold Gainsky Investment Ltd and its Third Party Content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of the Gainsky Investment Ltd Sites, or from your violation of these Terms. This provision may not apply to participants in certain employer-sponsored workplace savings plans.
Changes to Gainsky Investment Ltd sites
Unless otherwise agreed, Gainsky Investment Ltd may discontinue or modify the Gainsky Investment Ltd Sites at any time without prior notice to you, and you accept those modifications if you continue to use the Gainsky Investment Ltd Sites.
Gainsky Investment Ltd may terminate your access to the Gainsky Investment Ltd Sites for any reason, without prior notice.
Unless otherwise agreed, these Terms and their enforcement are governed by the Common Law of British Virgin Island, without regard to conflicts of law, and shall inure to the benefit of Gainsky Investment Ltd 's successors and assigns, whether by merger, consolidation, or otherwise. This provision may not apply to participants in certain employer-sponsored workplace savings plans.
If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.