Terms and Conditions

By using this website you represent that you have read and understood these terms and conditions and agree to be bound by these terms and conditions.

Do not use this website or download any materials from this website or subscribe to any of the Fitz-Gerald Research Analytics, LLC's newsletters or services or use any of its content or information unless you agree to these terms and conditions. Your receipt or use of the website, materials, or newsletters indicates your acceptance. Fitz-Gerald Research Analytics, LLC may modify, amend or revise these terms and conditions at any time. Please review the terms and conditions regularly; your on-going use of the website and receipt of any materials from Fitz-Gerald Research Analytics, LLC indicates your acceptance of any such modifications, amendments or revisions.

This website in its entirety (the "Content"), and other communications mediums, including but not limited to the text, information, materials, presentations, monthly subscriptions, software, images and graphics are owned by Fitz-Gerald Research Analytics, LLC and are protected under the copyright laws of the United States. Fitz-Gerald Research Analytics, LLC reserves the right to change, update, discontinue, restrict or prevent access to this website or the content at any time without notice. Any third party names, trademarks or service marks are the property of their respective owners.

Fitz-Gerald Research Analytics, LLC is not engaged in rendering legal, accounting or other professional services. If you require legal advice or other expert assistance it is your responsibility to seek the services of a competent professional who is fully aware of your individual circumstances.

Fitz-Gerald Research Analytics, LLC products and services are general in nature and are not tailored to individual financial circumstances, trading background, or experience. All Fitz-Gerald Research Analytics, LLC content is distributed via email or over the Internet. It is the subscriber's responsibility to provide a functional email address and Internet connection. Fitz-Gerald Group Research Analytics, LLC is not responsible for problems associated with email transmission or receipt nor is it responsible for Internet problems or damages therefrom.

CHILDREN'S ONLINE PRIVACY PROTECTION ACT COMPLIANCE

Fitz-Gerald Research Analytics, LLC is in compliance with the requirements of COPPA (Children's Online Privacy Protection Act); All Fitz-Gerald Research Analytics, LLC products and services are directed to people who are at least 13 years or older.


General Information and Analysis

Fitz-Gerald Research Analytics, LLC is NOT a United States Securities Dealer or Broker, or U.S. Investment Adviser. Nor is sender a trader, dealer, or broker of ANY jurisdiction and or country. Sender makes no warranties or representations as to the Buyer, Seller or any Transaction that may be contained or disclosed herein. The materials on this web site are provided "as shown". Fitz-Gerald Research Analytics, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Fitz-Gerald Research Analytics, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its internet web site or otherwise relating to such materials or on any sites linked to this site. The recommendations and information provided should NOT be interpreted as investment advice nor as an endorsement of any security or company’s stock. Further, the content does not constitute a recommendation to engage in any of the investment strategies presented. This information is provided for generalized informational and educational purposes only and without warranty of any kind. All investing has inherent risks, and it is impossible to guarantee future results or profits.

Past performance does not assure future results and you can lose some or all your money in any investment. Options are not suitable for every investor.

Fitz-Gerald Research Analytics, LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement. Use of any linked web site is at the user's own risk.

Editors, staff, and members of Fitz-Gerald Research Analytics, LLC may have positions in any securities mentioned. Readers are advised to consult qualified investment and financial professionals before making any financial, investment, or trading decisions. It is your money and your responsibility.

Privacy Policy

Fitz-Gerald Research Analytics, LLC believes that protecting the privacy of your personal information is of the utmost importance and is committed to maintaining the privacy of all such non-public information in their possession. Accordingly, FGRA will not disclose any non-public personal information about clients (prospective, current or former) to anyone other than in connection with the administration, processing or servicing of customer accounts or fulfillment of publication liabilities, to accountants, attorneys, and auditors or as otherwise permitted or required by law or by court order of subpoena. To the extent that information is disclosed to any of these entities, each will be required to maintain the information as confidential. If this privacy policy is amended in the future, Fitz-Gerald Research Analytics, LLC will notify any client affected by such change.

SUBSCRIPTION and WEBSITE TERMS

1. Payment Policy

Subscriptions purchased via onebarahead.com are billed annually. Your selected payment method will be charged automatically on a recurring monthly or annual basis. Your subscription will be renewed automatically, and you will be charged in advance of each billing cycle unless you cancel. If you subscribed under an introductory offer, at the end of your introductory period, your payment method on file will be charged automatically each month for the full price of your subscription. All subscriptions are listed in United States dollars ($).

2. Cancellation & Refund Policy

In order to change or cancel your subscription, please contact us through the “Contact” page. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. If you purchased your subscription through a third party, please refer to any terms and conditions provided to you in connection with purchase.

When cancelling an annual subscription, all future charges associated with future years of your subscription will be cancelled. You may notify us of your intent to cancel at any time; your cancellation will become effective at the end of your current annual billing period. You will not receive a refund, prorated or otherwise, for the remainder of the annual term. However, your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current annual billing period.

3. Promotional Discounts & Introductory Offers

From time to time, we offer introductory pricing at a reduced rate for a specified period of time (“Introductory Offers”).  Introductory Offers can only be redeemed by first time subscribers to onebarahead.com. If you do not qualify for an Introductory Offer, we reserve the right to reject your order or modify your order to reflect current subscriber pricing, terms and conditions. Fitz-Gerald Research Analytics may determine your eligibility for an Introductory Offer at any time without prior notice and with no liability, to the extent permitted under applicable law. For all Introductory Offers, we will require you to provide payment details to start a Subscription to Fitz-Gerald Research Analytics.com. By providing such details you agree that we will automatically charge the full price of the Paid Subscription on the first day following the end of the Introductory Offer on a recurring monthly basis or another interval that we disclose to you in advance. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL YOUR  SUBSCRIPTION BEFORE THE END OF THE INTRODUCTORY PERIOD BY CONTACTING CUSTOMER SUPPORT.  IF YOU RECEIVED YOUR INTRODUCTORY OFFER THROUGH A THIRD PARTY, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH THE THIRD PARTY.

4. Acceptable Use

All content including including but not limited to the text, information, materials, presentations, monthly subscriptions, software, images and graphics is intended for personal use and consumption only. Content is non-transferrable and non-sub-licensable. Investment professionals are expected to contact Fitz-Gerald Research Analytics, LLC should they wish to obtain a professional subscription rate. Distribution, retransmission, duplication in any form, electronic or otherwise is strictly prohibited. Subscribers shall not use Fitz-Gerald Research Analytics name, logo, trademark, service mark or other designation in any manner without the prior written consent of Fitz-Gerald Research Analytics.

You may not use the Service for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with the TOS. You agree to use the Service solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the Service in any manner that could compete with the business of Fitz-Gerald Research Analytics or any of its suppliers. Except as expressly permitted by Fitz-Gerald Research Analytics in writing you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, transfer, sell, license, upload, edit post, frame, link, or in any way exploit any part of the Service, except that you may download material from the Service and/or make one print copy for your own personal, noncommercial use, provided that you retain all copyright and other proprietary notices. You may not recirculate, redistribute or publish the analysis and presentation included in the Service without FGRA’s prior written consent. Nothing contained in the TOS or on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Service in any manner without the prior written consent of Fitz-Gerald Research Analytics or such third party that may own the Service or intellectual property displayed on this site. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE SERVICE IS STRICTLY PROHIBITED. Any use of the Service other than as permitted by the Terms and Conditions will violate the Terms and Conditions and may infringe upon our rights or the rights of the third party that owns the affected Service. You agree to report any violation of the Terms and Conditions by others that you become aware of.

5. Subscription Termination

Fitz-Gerald Research Analytics reserves the right to terminate paid or unpaid subscriptions and all related access to content, software, related websites, educational materials and more for any reason at any time. Fitz-Gerald Research Analytics also reserves the right in its sole discretion to refund or withhold the unused portion of subscription fees if any.

6. Control and Jurisdictional Issue

This site and all related content are controlled, operated and distributed by Fitz-Gerald Research Analytics, LLC from its offices in the State of Washington, United States. Fitz-Gerald Research Analytics makes no representation that materials in this site are appropriate or available for use in other locations. Fitz-Gerald Research Analytics makes no representation that the Service, including merchandise offered for sale on this site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. If you access this site from locations outside of the U.S. you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable.


7. Governing Law

Terms and Conditions are governed and construed in accordance with the laws of the United States and the State of Washington, without giving effect to conflicts-of-law principles thereof. With respect to any disputes or claims not subject to arbitration, you agree to submit to the personal jurisdiction of the state and federal courts located in the State of Washington with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the Terms and Conditions.

8. Indemnification

You agree, at your own expense, to indemnify, defend and hold harmless Fitz-Gerald Research Analytics, its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the content, or any links on the service, including, but not limited to: (i)your use or someone using your computer’s use of the service; (ii) use by someone using your account; (iii) a violation of the TOS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the content by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. Fitz-Gerald Research Analytics reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Fitz-Gerald Research Analytics in asserting any available defense. You acknowledge and agree to pay Fitz-Gerald Research Analytics’s reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by Fitz-Gerald Research Analytics under the Terms and Conditions and any other terms and conditions of content on this site and contained in related content, educational materials, presentations etc, including without limitation, lawsuits arising from your failure to indemnify Fitz-Gerald Research Analytics pursuant to the Terms and Conditions

9. Entire Agreement. The Terms and Conditions and any other terms and conditions of service on this site, and its successor, constitute the entire agreement between you and FGRA, govern your use of the Service, and supersede all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter hereof. These TOS may not be amended, nor any obligation waived, without Fitz-Gerald Research Analytics’s written authorization. Fitz-Gerald Research Analytics reserves the right to change these terms at any time and without warning.