Terms and Conditions of Use
These Subscriber Terms and Conditions (these “Terms”) govern the use by subscribers (“you” or “your”) to either or both of our Services, as defined below, which are published by Phyle1 LLC (“we”, “our” or “us”) and made available on InternationalMan.com and any of our other websites that link to these Terms (the “Sites”).
- Acceptance of Terms; Modification of Terms
- Right to Use Services
- Important Disclaimers Related to our Services
- Our Proprietary Rights
- Termination of Your Subscription
- Additional Terms Applicable to User Contributed Content
- International Use
- Disclaimer of Warranties
- Limitation of Liability
- Governing Law
- Legal Notices
By using any of our Services, you agree to comply with these Terms. PLEASE READ THESE TERMS CAREFULLY BEFORE USING OR SUBSCRIBING TO OUR SERVICES. If you do not agree to these Terms, please do not use our Services. Our Services include information delivered via free content made available on or through our Sites (the “Free Service”) and premium content which you pay for through a subscription (the “Paid Service”). The Free Service and the Paid Service are collectively referred to herein as “Service” or the “Services.”
We may revise these Terms from time to time. If we change these Terms, a link to the revised version will be posted on the Sites and the effective date will be noted at the bottom of the Terms. You should review the Terms periodically for changes. If you have the Agreement cached on a browser, the applicable Agreement is the most recent version of the Agreement that appears on a non-cached browser.
Your use of the Services after such changes to the Terms signifies your acceptance of the revised Terms.
Parts of the Sites, including parts relating to the Paid Service, may be accessed only with a User ID and Password. YOU AGREE THAT SUCH ACCESS TO THE SITES OR THEIR CONTENT WILL BE LIMITED TO THE NAMED USER(S) ONLY. YOU AGREE FURTHER THAT YOU WILL NOT, UNDER ANY CIRCUMSTANCES, ALLOW YOUR USER ID OR PASSWORD TO BE USED BY ANY OTHER PERSON. “Named User” means the identity of the person that is provided to us as the subscriber to any of the Sites.
- Accuracy of Information Cannot be Guaranteed. Our Services include provision of investment, political, and philosophical information. Although this material is based upon information that we consider reliable and current, we do not represent that this material is accurate, current or complete, and it should not be relied upon as such. The opinions expressed in such publications are those of the publisher and are subject to change without notice. The information in such publications may become outdated, and we have no obligation to update it.
- Advertising Conflict Avoidance. Phyle1 does not solicit or accept paid advertising or any payment, directly or indirectly, in exchange for coverage or favorable ratings of a security. We do accept paid advertising from companies, including those aiming to reach prospective investments for display on select portions of our sites, via email, and in freely available publications. All such advertisements are labeled as such, managed through a division separate from our investment analysis, and we strive diligently to avoid, declare and mitigate potential conflicts of interest.
- Compensation For Endorsing Products or Services, “Affiliate” Relationships. We regularly review or endorse products or services sold by other companies. At Phyle1 we value the trust our readers put in the advice we provide. We believe that you should always perform your own due diligence to evaluate whether such products or services are right for you before making a purchase.In many cases, we have established a financial relationship with the companies that offer these products and are given a commission or reimbursement on sales we generate.
- Ownership of Securities Described in Our Publications. Doug Casey, Phyle1 LLC, and other entities, employees, managers, members, officers, family, and associates of the foregoing may from time to time have positions in the securities or commodities described in the material published as part of the our Services, and at any time, may own, buy, or sell the securities or commodities discussed.
- Content Not to be Construed as Personal Investment Advice. The material published as part of the Services has been prepared for informational purposes only without regard to your individual investment objectives, financial situation or means. Information published as part of the Services is not intended to constitute individual investment advice and is not designed to meet your personal financial situation. We are not financial advisors, nor do we give personalized advice. The material is not to be construed as an offer to buy or sell, or the solicitation of an offer to buy or sell, any security, financial product or instrument; or to participate in any particular trading strategy in any jurisdiction in which such offer, solicitation or trading strategy would be illegal.
- Phyle1 LLC is a publisher, not an investment adviser. We cannot and we do not provide investment advice tailored to your personal situation. We rely upon the “publisher’s exclusion” from the definition of investment adviser under Section 202(a)(11)(D) of the Investment Advisers Act of 1940 and corresponding state securities laws. We do not provide personalized or individualized investment advice. Any information provided as part of the Services is impersonal and not specific to any person’s investment needs. You acknowledge and agree that no content published or otherwise provided as part of any Service constitutes a personalized recommendation or advice regarding the suitability of, or advisability of investing in, purchasing or selling any particular investment, security, portfolio, commodity, transaction or investment strategy. To the extent that any of the content may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person.
- Phyle1 LLC and its Services will not provide you with personalized advice regarding the value or suitability of, or advisability of investing in, purchasing or selling, any particular investment, security, portfolio, commodity, transaction, investment strategy or any other matter, and you further agree not to request or contact us for such advice.
- We make recommendations, but those should not be construed as personal investment advice.
Our recommendations are based on company public filings, current events, interviews, corporate press releases, and our own research. Recommendations in International Man (Phyle 1 LLC) publications should be made only after consulting with your registered professional financial advisor, only after reviewing the prospectus or financial statements of the company in question, and only after conducting your own due diligence. You shouldn’t make any decision based solely on what you read in our Services.
- Trading in investments involves risk and volatility, and any of the investments discussed in the Services may lose their value after purchase. Past investment results are not necessarily indicative of future performance.
- Phyle1 LLC is not liable for any losses or damages, monetary or otherwise, that result from the content of its publications. If you don’t accept this responsibility for yourself, then you should not use our Services. You agree that your use of our Services is at your sole risk.
- No Determination of Suitability Made; Not All Risks Disclosed; Private Advisors Recommended. The fact that we have made information available to you through the Services is neither a recommendation that you enter into a particular transaction nor a representation that any investment described in the Services is suitable or appropriate for you. Many of the investments described by our Services involve significant risks, and you should not enter into any transactions unless you fully understand all such risks and have independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned.
- All investments are subject to risk, including the possibility of the complete loss of any money invested. You should consider such risks prior to making any investment decisions.
- We reserve the right, in our sole discretion, to change or modify the fees, charges or other conditions for use of the Paid Services upon reasonable notice to you.
- You are responsible for the payment of, and accordingly agree to promptly pay, all applicable taxes relating to the Services or payments made by you hereunder including, but not limited to, sales tax, use tax, value added tax (“VAT”), and other taxes and governmental charges, whether federal, state or foreign as well as all duties and charges on your payment for the purchase of Paid Services arising from any Fees.
- Renewal of Paid Services. Your subscription to a Paid Service will continue for the period referenced during registration (the “Term”), and renew automatically at the end of the Term, unless you notify us that you are not renewing your subscription by You may cancel your renewal at any time by contacting us here, or you can manually cancel the renewal on your account page by clicking here, or by another designated cancellation method.
- You must notify us by using one of the foregoing methods at least one day before the renewal date in order to avoid being charged for the renewal of your subscription. You may not notify us of a decision not to renew your subscription by any other means. No action by you or your failure to notify us as stated above will result in the then-applicable monthly, periodic or annual subscription fee being billed automatically to your payment information on record. Please note that in connection with recurring billing for subscription renewals for such Paid Services, you authorize Phyle1 LLC to bill the payment method(s) associated with your account, regardless of whether information associated with your subscription has changed, such as the expiration date of the credit card with which you initially subscribed.
- In the event that you are not enrolled in our automatic renewal service, or have opted out of the automatic renewal service, and want to renew your Services, you acknowledge and agree you are responsible for actively renewing your Services and you further assume all risk and consequences of not enrolling in the automatic renewal service. If any Service is not successfully renewed prior to the expiration of its then current Term, all your rights to such Service will terminate, and we will have no obligation to allow you to renew a Service once its expiration date has passed. You are solely and absolutely responsible for ensuring the Services are renewed. We shall have no liability to you or any third party in connection with the renewal as described herein, including, but not limited to, any failure or errors in renewing the Services whether due to you, us or a third party.
The Services and the content distributed through the Services, as well as all copyright, trademark and other rights therein, is the property of Phyle1, LLC. You acknowledge and agree that you do not acquire any ownership rights by using the Services. You may copy, republish, upload, post, transmit, distribute and otherwise send to others via e-mail or any other medium any content made available through any our free Services, as long as appropriate attribution is provided and hyperlinks established to InternationalMan.com. No portion of any publication made available through our paid subscription Services may be extracted, summarized or reproduced without permission of Phyle1 LLC. Nothing contained herein shall be construed as conferring any license or right under any of our copyrights, trademarks or other rights. Unauthorized use, reproduction or rebroadcast of any content of our Services, such as communicating investment recommendations provided in any paid subscription service to non-subscribers in any manner, is prohibited and shall be considered an infringement and/or misappropriation of our proprietary rights. Modification of the content or use of any of our paid subscription content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.
We hope that you will be fully satisfied with our Services. The following terms apply in the event that you would like to terminate your subscription to our Services:
- Free Service Publications. You may terminate receipt of any of our Free Service publications at any time by sending us a request to remove yourself from the relevant distribution list. Every e-mail notification email you receive will include a link for you to remove yourself from the distribution list. If you feel you have been signed up incorrectly and do not wish to have access to the Free Service publications, you can remove yourself from the list by clicking that link or sending an e-mail request at https://internationalman.com/contact-us
- We reserve the right to terminate your subscription to any of our Services at any time in our sole discretion. Termination of your subscription to any of our Services may result from your violation of these Terms or any unauthorized use or reproduction or rebroadcast of any of our publications or information contained in our Services, any infringement or misappropriation of our proprietary rights, or any other reason determined in our sole discretion. You agree that if your account is terminated by us for these reasons, you will not attempt to establish a new account under any name, real or assumed.
- Paid Services. YOU UNDERSTAND AND AGREE THAT ALL FEES AND COSTS RELATED TO PAID SERVICES ARE NON-REFUNDABLE AND THAT PHYLE 1 LLC MAY CHANGE ANY PRICE, FEE, RATE OR PLAN AT ANY TIME UPON NOTICE TO CUSTOMER IN ACCORDANCE WITH THIS AGREEMENT.
- If you pay for a Paid Service and/or subscription product by credit card or other applicable method, you permanently and irrevocably waive any and all right to enact an improper “chargeback” (that is, a disputed, reversed or contested charge with the applicable bank card, credit card or other payment method) against these payments for any reason whatsoever against Phyle1 LLC. If for any reason we receive notification of an improper chargeback, reversal, payment dispute or are charged a penalty for anything previously charged, you agree that we may pursue all available lawful remedies in order to obtain payment, including, but not limited to, immediate cancellation, without notice to you, of any or all of your subscriptions. We also reserve the right to charge you reasonable “administrative fees” or “processing fees” for (i) additional tasks we may perform outside the normal scope of the Services; (ii) additional time and/or costs we may incur in providing the Services, and/or (iii) your noncompliance with this Agreement (as determined by us in our sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to: (i) customer service issues that require additional personal time or attention; (ii) recouping any and all costs and fees incurred by Phyle1 LLC as the result of improper chargebacks or other payment disputes brought by you, your bank or other payment method processor. These administrative fees or processing fees will be billed to the payment method you have on file with Phyle1 LLC. Information regarding current subscription rates for our Paid Services can be found on the applicable Paid Service’s webpage and/or by contacting our Customer Service Department at https://internationalman.com/contact-us
Our Services may include comments, articles and other content which have been contributed by you or other third parties (“User Contributed Content”). You agree to be personally responsible for any User Contributed Content you submit to us and you agree to comply with the following additional terms applicable to User Contributed Content.
- Acceptance. Your submission of User Contributed Content constitutes your acceptance, without modification, of these Terms. If you do not agree with these Terms, you should not submit User Contributed Content.
- License. By posting or submitting content to us, you grant us a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sublicense, use, copy, display and distribute such User Contributed Content, and to sell, modify, create derivative works from and/or to incorporate such User Contributed Content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, for any purpose whatsoever, commercial or otherwise, without compensation to you. You agree to waive any moral rights that you may have to your User Contributed Content.
- Conduct. When you submit any User Contributed Content to us, you agree to the following:
- You agree to be personally responsible for your User Contributed Content and to communicate your comments and opinions in a lawful and respectful manner;
- You agree that any User Contributed Content submitted by you does not defame any person or violate or infringe the intellectual property rights of any person including, without limitation, trade secrets, confidential information, copyrights, trademarks, patents, rights of publicity or any other proprietary rights;
- You agree not to submit any User Contributed Content which contains advertising, promotional materials or any solicitation of products or services without our prior written consent;
- You agree to submit User Contributed Content that is related to the subject matter of the Site and that complies with applicable law;
- You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- You agree not to submit any User Contributed Content that violates any local, state, national or international law, including but not limited to regulations of the U.S. Securities and Exchange Commission or other securities laws, any rules of any securities exchange, including without limitation, the New York Stock Exchange or The Nasdaq Stock Market or to engage in activity that would constitute a criminal offense or give rise to a civil liability;
- You agree not to submit User Contributed Content which is abusive or harassing to any other person;
- You agree not to submit any User Contributed Content which contains nudity, language or other material that may be considered “adult”, obscene, indecent, objectionable or offensive;
- You agree not to harvest, collect or store personally identifying information about other users of the Site or to otherwise invade anyone’s privacy or disclose another person’s personally identifiable information in your User Contributed Content;
- You agree not to upload, post, email, otherwise transmit, or post links to any User Contributed Content that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Site or any third party software, site, equipment or service;
- You agree not to engage in any activity which may compromise the stability or availability of the Site or use the Site to compromise the availability or stability of any third party site or service;
- You agree not to reverse engineer, hack, spam, block, disrupt, or otherwise change or alter, or attempt to change or alter, the Site; and
- You agree not to circumvent any security measures or any payment collections methods employed on the Site or access the Site or submit User Contributed Content after your account, access or contributing privileges have been terminated by us.
If you are aware of or experience any circumstances that appear to be a violation of these Terms, please inform us by contacting us via e-mail here https://internationalman.com/contact-us
- Disclosure of Conflicts of Interest. When you submit any User Contributed Content to us, you also agree to abide by the following disclosure rules:You agree to disclose any conflict of interest, ownership interest, business, employment, or other financial relationship you have with any company or stocks named in any User Contributed Content you submit including, without limitation, the existence at the time of writing of a long or short position (including stocks, options or other instruments).You agree not to submit User Contributed Content with the intent to increase or decrease a stock’s price and sell or purchase the stock as a result of such increase or decrease.You agree to disclose any intent to purchase or sell a stock within three trading days of submitting User Contributed Content that discusses that stock.
- Responsibility for User Contributed Content. Comments and views expressed on User Contributed Content are those of the contributors only and do not necessarily represent our views. We do not endorse and specifically disclaim all responsibility and liability for any User Contributed Content. We have no obligation to pre-screen or monitor User Contributed Content; however, we reserve the right to monitor, delete, move or edit User Contributed Content, in whole or in part, in our sole discretion at any time without notice to you. We also reserve the right to terminate your access to or ability to submit User Contributed Content at any time, without notice, for any reason whatsoever.
- Copyright Infringement Notices. We respect the intellectual property rights of others and it is our policy to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and take appropriate actions under the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will terminate access for subscribers who are repeat infringers.If you believe that your work has been copied in a way that constitutes copyright infringement, please send a written notice to us at the address below with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may submit a notice electronically by emailing us here https://internationalman.com/contact-us or by writing to: Phyle1 LLC, 513 E Main St., #1323 , Charlottesville, VA 22902, USA.
Information published in connection with our Services may contain references to information and materials that are not appropriate or available in countries or regions outside of the United States. Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with local laws, if and to the extent applicable.
The Services and any content distributed through the Services is provided “as is” without representations or warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, we, our officers, managers, members, employees, affiliates and agents disclaim all warranties, express or implied, including but not limited to implied warranties of title, non-infringement, merchantability and fitness for a particular purpose or use, and all warranties relating to the accuracy or completeness of any information contained in the Services. Your use of the Services and the information contained therein are entirely at your own risk. No opinion, advice or statement made in our Services or otherwise shall create any warranty.
Neither us nor our officers, managers, members, employees, affiliates and agents will have any liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the failure to maintain your access to the Services, or for any interruption or disruption of such access. We shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the Services.
Under no circumstances shall we be held liable for any delay or failure in performance or other default or damage where such has been caused by acts of nature, forces, or causes beyond our reasonable control including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, electrical power failures, an act of God, war, major disaster, terrorism, third-party criminal acts, insurrection, riot, flood, earthquake, fire, strike, lockout or other labor disturbance, delay by carriers, shortage of fuel, power, materials or supplies, operation of statutes, laws, rules or rulings of any court or government, non-performance of third parties or any other cause beyond our control.
In no event will WE or any of our officers, managers, members, employees, affiliates, consultants, contractors or third-party content providers be liable for any special, indirect, incidental, consequential, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT AND SEEK A REFUND PER THE TERMS DESCRIBED IN SECTION 4. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OUR SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.
You agree to indemnify, defend and hold harmless us and our current and former officers, managers, members, employees, affiliates, consultants, contractors, third-party content providers and their successors and assignees from and against any and all liabilities, claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses associated with or incurred as a result of or from (a) your violation of these Terms; (b) your use of the Sites or the Services; (c) the actual or alleged infringement of any of our or third party proprietary or intellectual property right arising out of your copying, republishing, uploading, posting, transmitting, distributing, selling or using the Services in any manner not authorized by us; or (d) any User Contributed Content submitted by you.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware and the United States of America, without giving effect to any principles of conflicts of law. You and we irrevocably consent to the sole and exclusive jurisdiction of the state courts located in Delaware or the relevant U.S. District Court in connection with any action, suit or other proceeding arising out of or related to these Terms or your use of the Services. You and we waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.
These Terms represent the entire agreement between you and us relating to your use of the Services and supersedes any and all prior or contemporaneous written or oral agreements on that subject between us. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default under these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default. We reserve all legal rights and remedies available to us.
Last updated on June 16, 2020.