Effective December 11, 2022
This page describes the terms and conditions that govern your use of certain Services and Content offered by The Activist, Inc. (“The Activist”, “us” or “we”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING ANY OF THE ACTIVIST, INC.’S SERVICES OR CONTENT, AS THESE TERMS AFFECT YOUR LEGAL RIGHTS AND INCLUDE A CLASS ACTION WAIVER. SEE PARAGRAPH 9.3 BELOW FOR MORE INFORMATION.
For a description of the terms and conditions that govern your purchase of Services offered by The Activist, Inc., please see our Terms of Sale. By accepting these Terms of Service, you are also accepting our Terms of Sale.
Table of Contents
- General Rules and Definitions
- Content on the Services
- Prohibited Uses of the Services
- Representations and Warranties; Indemnification; Limitation of Liabilities
- Registration and Security
- Fees and Payments
- Third-Party Content and Links to Third-Party Websites
- Governing Law; Jurisdiction; Waiver of Class Actions
1. General Rules and Definitions
1.1 “Account” means the account created on our Website by you or on your behalf to access our Paid Services.
1.2 “Content” means all materials published or available on the Services, including, but not limited to, texts, graphics, photographs, images, videos, audio recordings, livestreams, designs, templates, “look and feel,” computer code, data, metadata, compilations, and any enhancements and modifications thereto and derivative works thereof.
1.3 “Free Services” means access to certain Content we offer free of charge at our sole discretion. “Paid Services” means paid subscriptions to our email newsletter, paid access to our archive of back issues, and all other benefits we provide exclusively to paying customers at our sole discretion. “Services” means collectively the Free Services and the Paid Services.
1.4 “Renewal Date” means the date on which one Subscription Term ends and another Subscription Term automatically begins.
1.5 “Subscription Term” means the complete length of time a subscription is in effect (one month or one year). “Initial Term” means the Subscription Term immediately following your first purchase of a subscription. “Renewal Term” means each subsequent Subscription Term after the Initial Term.
1.6 “Website” means The Activist website available at https://theactivist.news.
1.7 If you choose to use certain Services displaying or otherwise governed by these Terms of Service, including The Activist, Inc.’s email newsletter, the Website, and any features of the Website, including but not limited to RSS feeds and other downloads, you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and The Activist, Inc.
We may change, add, or remove portions of these Terms of Service at any time by notifying you of the change in writing (including by email or by updating the date above after “Effective”). Such changes shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Services.
1.8 IF ANY OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, OR ANY FUTURE CHANGES, ARE UNACCEPTABLE TO YOU, YOU MAY (i) CANCEL YOUR ACCOUNT (SEE SECTION 8 REGARDING TERMINATION OF SERVICE) AND/OR (ii) DISCONTINUE YOUR USE OF THE SERVICES. YOUR CONTINUED USE OF THE SERVICES NOW, OR FOLLOWING THE POSTING OF UPDATED TERMS OF SERVICE, WILL INDICATE ACCEPTANCE BY YOU OF SUCH TERMS OF SERVICE, CHANGES, OR MODIFICATIONS.
1.9 We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature, database, or Content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
2. Content of the Services
2.1 The Content provided through the Services, including the Website, are intended for your personal, noncommercial use. All Content published or available on the Services is protected by copyright and owned or controlled by The Activist, Inc. or the party credited as the provider of the Content. The Activist, Inc. also owns copyright in the selection, coordination, compilation, and enhancement of such Content (“Arrangement”). You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services.
2.2 The Services and Content are protected by copyrights, trademarks, trade secrets, database rights, sui generis rights, and other intellectual or proprietary rights therein pursuant to U.S. and international laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of these Terms of Service), create new works from, distribute, perform, display (including framing and inline linking), communicate to the public, or in any way exploit, any of the Content (or its Arrangement) or the Services in whole or in part.
2.3 You may download or copy the Content and other downloadable items displayed on the Services for your personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from The Activist, Inc. or the copyright holder identified in the copyright notice contained in the Content.
3. Prohibited Uses of the Services
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or a third party. You may not use the Services in violation of applicable laws or in violation of our or any third party’s intellectual property or other proprietary or legal rights. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services, or any content thereof, or make any unauthorized use thereof. Without The Activist, Inc.’s prior written consent, you shall not:
(i) access any part of the Services, Content, data, or information you do not have permission or authorization to access or for which The Activist, Inc. has revoked your access;
(ii) use robots, spiders, scripts, service, software, or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data, or information from the Services, or otherwise access or collect the Content, data, or information from the Services using automated means;
(iii) use services, software, or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Services in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the Services;
(iv) cache or archive the Content (except for a public search engine’s use of spiders for creating search indices);
(v) take action that imposes an unreasonable or disproportionately large load on our network or infrastructure; and
(vi) do anything that could disable, damage, or change the functioning or appearance of the Services.
Engaging in a prohibited use of the Services may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.
4. Representations and Warranties; Indemnification; Limitation of Liabilities
4.1 You represent, warrant, and covenant (a) that you are at least eighteen (18) years old ; and (b) if you are under eighteen (18) years old, your parent or legal guardian has read these Terms of Service and agreed to them and your use of the Services. You hereby indemnify, defend, and hold harmless The Activist, Inc. and all officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of: (i) any breach by you or any user of your Account of these Terms of Service or the foregoing representations, warranties, and covenants; or (ii) your gross negligence or willful misconduct. You shall cooperate as fully as reasonably required in the defense of any such claim. The Activist, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
4.2 To the maximum extent permitted by applicable laws, the Services are distributed on an “as is” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose.
We make our best effort to ensure that the Content is factually accurate and reliable and that the Services are always available. The Content expresses our opinions, which we have based upon publicly available information, original research, inferences, and deductions. To the best of our knowledge and belief, all information in the Content is accurate and has been obtained from publicly available sources we believe to be reliable.
Nevertheless, The Activist, Inc. does not warrant that the Content will be error-free or that the Services will be uninterrupted. There may be inaccuracies and omissions in the Content and delays and interruptions in the Services. You should not rely on the Content as a substitute for, nor does it replace, professional investment, financial, legal, accounting, or tax advice. Prior to the execution of a purchase or sale of any security or investment, you are advised to consult with your financial advisor to verify pricing and other information.
You agree to do your own research and due diligence before making any investment decision with respect to securities referenced in the Content. You represent to The Activist, Inc. that you have sufficient investment sophistication to critically assess the information, analysis, and opinions contained in the Content. You further agree that you will not communicate the information, analysis, and opinions contained in the Content to any other person unless that person has agreed to be bound by these same Terms of Service. If you download or receive the Content as an agent for any other person, you are binding your principal to these same Terms of Service.
In no event will The Activist, Inc., its affiliates, and their respective shareholders, directors, officers, employees, customers, suppliers, content providers, and licensors (“The Activist Parties”) be liable (jointly or severally) to you or any other person as a result of your access or use of the Content or the Services for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings, lost revenues, or lost goodwill (collectively, the “Excluded Damages”). These limitations apply whether the alleged liability is based on negligence, tort, contract, or other theory of liability, even if any of The Activist Parties have been advised of the possibility of or could have foreseen any of the Excluded Damages, and irrespective of any failure of an essential purpose of a limited remedy. If any applicable authority holds any portion of this section to be unenforceable, then The Activist Parties’ liability will be limited to the fullest possible extent permitted by applicable law.
4.3 Nothing contained in the Content or provided through the Services shall be construed as investment advice or an offer to sell or a solicitation of an offer to buy any security. The Activist, Inc. shall not offer, sell, or buy any security to or from any person through the Content or the Services. We are not a registered broker-dealer or investment advisor and do not give investment advice or recommend one product over another. You hereby acknowledge that the use of the Services is at your sole risk.
5. Registration and Security
5.1 As part of the registration or Account creation process, you will create login credentials by selecting a password and providing an e-mail address. You also can be requested to provide certain registration information, which must be accurate and updated.
Each registration is for a single user only. You are not allowed to share your registration login credentials or give your login credentials to anyone else. We may cancel or suspend your access to the Services if you share your login credentials. You are responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of The Activist, Inc.
You agree not to do the following: (i) select or use the login credentials of another person with the intent to impersonate that person; (ii) use login credentials in which another person has rights without such person’s authorization; or (iii) use login credentials that we, in our sole discretion, deem offensive. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in immediate suspension or termination of your account.
You consent to receive notifications from us electronically to the e-mail address you provide to us. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.
5.2 Please notify us 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.
5.3 You must be 18 years of age or older to use any part of the Services. If you are less than 18 years of age and would like to use, subscribe to, or register for any part of the Services, please ask your parent or legal guardian to review and agree to these Terms of Service before you use any part of the Services or ask them to complete a purchase and/or registration on your behalf.
5.4 You are responsible for all usage or activity on your Account, including use of the Account by any third party authorized by you to use your login credentials. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at our sole discretion, and we may refer you to appropriate law enforcement agencies.
5.5 If your access to any Service has been provided by or through a third party (for example, your employer or educational institution) (each, a “Client”), the Client may have provided us with information about you to enable us to provide you with access to the Services and distinguish you from other subscribers (such as your IP address, email address, or name).
6. Fees and Payments
6.1 We reserve the right at any time to charge fees for access to portions of the Services or the Services as a whole. In no event, however, will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. Thus, if at any time we require a fee for portions of the Services that are now free, we will give you advance notice of such fees. You may cancel your account at any time (see section 8 regarding termination of service). All new fees, if any, will be posted prominently on the Website and in other appropriate locations on the Service. You shall pay all fees and charges incurred through your Account at the rates in effect during the Subscription Term in which such fees and charges are incurred, including, but not limited to, charges for any digital products or services offered for sale through the Services by us or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Services through your Account.
7. Third-Party Content and Links to Third-Party Websites
7.1 The Services contain links to third-party websites and resources (collectively, “Linked Content”). The Activist, Inc. does not control, endorse, sponsor, recommend, or otherwise accept responsibility for any of this Linked Content. Because we are not responsible for the availability of these outside resources, or their contents or privacy practices, you should direct any concerns regarding any Linked Content to such website.
8.1 You may terminate your Account at any time on your My Account page or by contacting us. Termination of paid subscriptions will be governed by our Cancellation and Refund Policy.
8.2 The Activist, Inc. may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Service.
8.3 The provisions of these Terms of Service shall survive the termination of your Account or access to all or part of the Services.
9. Governing Law; Jurisdiction; Waiver of Class Actions
9.1 These Terms of Service have been made and shall be construed and enforced in accordance with the laws of the United States of America and the State of California as an agreement wholly performed therein without regard to their conflict of law provisions and the United Nations Conventions on Contracts (if applicable).
9.2 Any claim or cause of action arising out of, or related to, use of the Services or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms of Service will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
9.3 WAIVER OF CLASS ACTIONS. YOU AND THE ACTIVIST, INC. AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, A FEDERAL OR STATE CLASS ACTION LAWSUIT. However, nothing in this paragraph 9.3 limits your right or The Activist, Inc.’s right to bring a lawsuit against each other as an individual plaintiff.
10.1 These Terms of Service have been made in and shall be construed and enforced in accordance with California law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in California.
10.3 Correspondence should be submitted through our contact page.
10.4 You agree to report any violations of the Terms of Service to The Activist, Inc. as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material that is contained in a Service, please notify us.
10.5 Our failure to enforce any provision of these Terms of Service or to respond to a breach by you or other parties shall not in any way constitute a waiver of our right to enforce subsequently any terms or conditions of these Terms of Service or to act with respect to similar breaches.
10.6 If a provision of these Terms of Service is held invalid or unenforceable for any reason, that provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the intention of the parties, and the remaining provision will not be affected and remain in full force and effect.
10.7 If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail). Please be advised that to be effective, the notice must include ALL of the following:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website
- your address, telephone number, and email address and all other information reasonably sufficient to permit us to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to The Activist, Inc., P.O. Box 481062, Los Angeles, CA 90048.
10.8 If you are a California resident, under California Civil Code Section 1789.3, you may contact us to resolve a complaint regarding the Services or to receive further information regarding use of the Services. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.