Terms and Conditions
Nicoya Research provides the website known as nicoyaresearch.com (“the Site”) subject to your compliance with the terms and conditions set forth in this Agreement. By using the Site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the Site.
You must be at least 18 years of age to use the Site. If you are not at least 18 years old, please do not access or use the Site.
This Agreement is made between Nicoya Research and you, the user and/or member of the Sites (“you”). We reserve the right at any time to:
- Change the terms and conditions of this Agreement;
- Change the Site, including eliminating or discontinuing any content on or feature of any of the Site; or
- Change any fees or charges for use of the Site.
Any changes we make will be effective five (5) days after notice of any change is provided to you, which may be done by means including, without limitation, posting on the Site or via electronic mail. Your use of the Site after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement.
Nicoya Research is a publisher. We are not registered as a securities broker-dealer or an investment adviser either with the U.S. Securities and Exchange Commission or with any state securities regulatory authority. The material provided on our Site is for general informational purposes only. No information on the Site is intended as securities brokerage, investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security, or fund. The information on the Site should not be relied upon for purposes of transacting securities or other investments. We cannot and do not assess, verify or guarantee the adequacy, accuracy or completeness of any information, the suitability or profitability of any particular investment, or the potential value of any investment or informational source. You bear responsibility for your own investment research and decisions, and should seek the advice of a qualified securities professional before making any investment. Any sale or purchase of securities or ownership interest that results from information presented on the Site will be on a negotiated basis between the parties without any additional participation by or remuneration to Nicoya Research. Before selling or buying any stock or other investment you should consult with a qualified broker or other financial professional to verify pricing information.
Code of Conduct. While using the Site you agree not to:
- Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of “hacking” or “cracking” or defacing any portion of any of the Site;
- Use the Site for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Intentionally re-register for multiple free trials to the same publication under different email addresses within a six-month period as a means to avoid paying for a given newsletter. Our business requires substantial expenses to operate, including journalist fees, technology-related costs and marketing expenses, among others. In order to cover these expenses, our newsletters are made available only to fee-paid members and limited-time free trial subscribers. By using our site, you agree to respect that fact and to not sign up for more than one free trial to any given newsletter within a six-month period. You are, of course, more than welcome to sign up for one free trial to all of our various publications. You simply cannot sign up for two or more trials to the same newsletter within a six-month period;
- Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); · Engage in spamming or flooding;
- Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
- Modify, adapt, sublicense, translate, sell, reverse engineer, de-compile or disassemble any portion of any of the Site;
- Remove any copyright, trademark, or other proprietary rights notices contained in the Site;
- Frame” or “mirror” any part of the Site without our prior written authorization;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Sites or their contents;
- Harvest or collect information about Site visitors or members without their express consent; or
- Permit anyone else whose account or subscription was terminated or who has not registered or paid for our content to use any portion of the Site through your subscription, username or password.
While using the Site you agree to comply with all applicable laws, rules and regulations.
Registration for Subscription Sites. To have access to certain subscription or members-only sections of our web site, you must be or become a member. When and if you register to become a member, you agree to (a) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, and (b) to maintain and update your information to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Site. Please note that by signing up for one of our free trial or free newsletter subscriptions, you agree to receive occasional mailings from us in the future regarding certain financial offers that may interest you. You can always opt-out from receiving these offers by simply clicking on the link located at the bottom of each marketing email we send. As part of the registration process, you will also be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. If you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information, and immediately notify us by visiting our
Contact Us page.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT .
Termination. This Agreement shall remain effective until terminated in accordance with its terms. Nicoya Research may terminate this Agreement, and/or your access to and use of the Sites or any portion thereof, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement. In addition, we reserve the right to terminate this Agreement without cause.
Refund Policy. While you can cancel at any time to prevent future billings, subscribers are liable for charges incurred by them until termination of service. We do not give prorated refunds. We offer a 30-day conditional money back guarantee. If you’re not 100% satisfied with our research, simply let us know within the first 30 days and we’ll refund your membership fee, minus a $95 “tire kicker” fee. Our research costs considerable time and money to produce, so this provides a measure of protection and helps attract high-quality members interested in long-term relationships.
When you subscribe, you’ll take advantage of our convenient automatic payment plan. We’ll automatically charge your credit card or PayPal account each month, unless you contact us to cancel. You can cancel at any time to end payments. A credit card or PayPal account is required if you are singing up for a trial. At the completion of the trial period, your credit card (or Paypal) will be billed at the regular subscription rate unless you notify us to cancel your subscription. Please note that trial offers are for first-time subscribers only.
By purchasing a Subscription to the Site, you become a Subscriber and agree to be bound by these Terms and Conditions (the “Agreement”). This agreement is subject to change by or the Site at any time, and changes are effective without notice upon each Subscriber.
Submissions. By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, “Materials”), you grant us and our designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials.
Disclaimer. We are a publisher. Nicoya Research is not registered as a securities broker-dealer or an investment adviser either with the U.S. Securities and Exchange Commission or with any state securities regulatory authority. NicoyaResearch.com is intended to provide opinions and analysis of stocks and markets, but is not intended to provide personalized investment advice. DO NOT EMAIL NICOYARESEARCH.COM SEEKING PERSONALIZED INVESTMENT ADVICE, WHICH CANNOT BE PROVIDED. NicoyaResearch.com’s stock portfolio and the NicoyaResearch email newsletter(s) represent only our editor’s opinions and should not be relied upon for purposes of transacting securities or other investments, nor should they be construed as an offer or solicitation of an offer to sell or buy any security. Nicoya Research cannot and does not assess, verify or guarantee the suitability or profitability of any particular investment. You bear responsibility for your own investment research and decisions and should seek the advice of a qualified securities professional before making any investment.
Sweepstakes, Contests, and Games. Any sweepstakes, contests, and games that are accessible through the Site are governed by specific rules. By entering such sweepstakes or contests or participating in such games you will become subject to those rules.
Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Nicoya Research infringe your copyright you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Site should be sent to Nicoya Research, 23986 Aliso Creek Rd, Suite #409, Laguna Niguel, CA 92677. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Ownership and Restrictions on Use. ©2019 Nicoya Research. All Rights Reserved. You may only access and use the materials on the Site, and download and/or print out only one copy of any materials on the Site, solely for your personal use. You may not republish, upload, post, transmit or distribute materials from the Site in any way without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.
Jurisdictional Issues. The Site is solely directed to individuals residing in the United States. We make no representation that materials in or related to the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
Links to Other Websites. The Site may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
Disclaimer. The site, the materials on the site, and any product or service obtained or accessed through the site are provided “as is” and without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Nicoya Research, its officers, directors, employees, affiliates, suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and all warranties relating to the adequacy, accuracy or completeness of any information on the sites. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Nicoya Research and its affiliates, suppliers, agents and sponsors do not warrant that your use of the site will be uninterrupted, error-free, or secure, that defects will be corrected, or that the site or the server(s) on which the site are hosted are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the sites, and all charges related thereto. You assume total responsibility and risk for your use of the site and your reliance thereon. No opinion, advice, or statement of Nicoya Research or its affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. Your use of the sites and any materials provided through the sites are entirely at your own risk.
NOTICE: Testimonials are believed to be true based on the representations of the persons providing the testimonials, but facts stated in testimonials have not been independently audited or verified. Nor has there been any attempt to determine whether any testimonials are representative of the experiences of all persons using the methods described herein or to compare the experiences of the persons giving the testimonials after the testimonials were given. The average reader should not necessarily expect the same or similar results. Past performance is not necessarily indicative of future results. No person was compensated for providing a testimonial.
Limitation of Liability. Neither Nicoya Research, nor its affiliates, suppliers, advertisers, affiliates, or agents or sponsors are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the sites and/or content contained on the sites, or any product or service purchased through the sites. Your sole remedy for dissatisfaction with the site and/or content contained within the site is to stop using the site. The sole and exclusive maximum liability to company for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence), or otherwise) shall be the total amount paid by you, if any, to access the sites. Indemnification. You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Sites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Sites or any services related to the Sites.
Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the State of California, United States of America, without regards to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in Orange County, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This, together with all the Nicoya Research, policies referred to herein, constitutes the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral Agreements between us.
We will not send you anything unless you opted-in to receive it. If you are receiving emails from us and you would like them stopped, simply choose to unsubscribe at the bottom of the emails received.
What information does NicoyaResearch.com gather?
NicoyaResearch.com collects a limited amount of information about our newsletter subscribers to enable Nicoya Research to fulfill subscriptions. Nicoya Research may obtain the following information from its Registered Users and Subscribers:
1. Registration and Subscription data
2. Site usage data
1. Registration and Subscription data. The only individually identifiable information that Nicoya Research seeks about you is that which you are asked to provide when you register (for site access or you opt-in to our FREE newsletter) or subscribe to any “paid” subscription product that Nicoya Research may publish. This information may include your name, mailing address, e-mail address, and, in the case of a purchase, billing information. Nicoya Research uses registration and subscription information to maintain records about your use of our services, for billing purposes, and for us to occasionally send you information on products and services that we offer. THIS INFORMATION IS NOT SHARED WITH ANY THIRD-PARTY FIRMS, unless specifically stated or in other special situations described below.
2. Site Usage Data. Nicoya Research collects non-identifiable information to measure how our registered users and subscribers use NicoyaResearch.com’s web site. This information may include statistics about the numbers and timing of unique visits to our web site(s), repeat visits, and which pages are viewed. We view this information to analyze trends, administer the site, track user’s movement, and gather broad information for aggregate use. IP addresses are not linked to personally identifiable information.
Subscriber and Site Visitor Surveys
From time-to-time we may also conduct surveys, although you don’t have to respond to them. This research is compiled and analyzed only on an aggregated (group) basis. We do this to better understand our users’ needs and improve their overall experience when using our service. Your personal information and responses will remain strictly confidential, even if a third party conducts the survey. We may also notify you of a new product or new area of our site that we think may of interest you. If you’d prefer us not to contact you, simply visit your My Account page to manage your email options.
NicoyaResearch.com may display online advertisements from third party advertisers who are interested in reaching our audience. We may share with advertisers aggregated and non-identifying information about our Visitors and subscribers collected through the registration process as well as through any online surveys we may conduct. However, NicoyaResearch.com will not share any personal information about any of its site visitors or subscribers with these advertisers.
Email Marketing From Third-Party Advertisers
NicoyaResearch.com may send out email advertisements or messages from third party advertisers to its site registration and subscriber lists. NicoyaResearch.com will not sell or transfer to third parties the email addresses of its subscribers. NicoyaResearch.com maintains strict confidentiality of its subscribers’ email addresses. All site registrants and subscribers are given the opportunity of opting-out from receiving these promotional messages.
All commercial emails are sent in full accordance with the provisions of the US 2003 CAN-SPAM Act. NicoyaResearch.com has developed its Internet marketing tools and practices to incorporate a strict “permission-based” policy that prohibits the use of email in any manner associated with the delivery of any unsolicited bulk or unsolicited commercial email. Our anti-SPAM policy has been developed to conform to the highest commercially reasonable standards.
If you believe NicoyaResearch.com sent you unsolicited email, please send a message via the contact us page regarding your situation. Your case will be investigated immediately.
NicoyaResearch.com’s Dedication to Data Security
NicoyaResearch.com works to ensure the integrity and security of our network and systems. Nicoya Reserach cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining this information.
In the Event of a Change of Ownership
In the event of a merger or acquisition, the sales of the company or any change of ownership, all of NicoyaResearch.com’s customer information (including email addresses) may be transferred to a separate entity or entities. All NicoyaResearch.com subscribers and registered users will be notified of any change in ownership, merger or acquisition of by a third party. Subscribers and users may choose to access and revise any of their registration and/or subscription information at that time.
23986 Aliso Creek Rd, Suite #409
Laguna Niguel, CA 92677
Revisions to This Policy
NicoyaResearch.com reserves the right to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Internet Service Agreement.
DO NOT BASE ANY INVESTMENT DECISION UPON ANY MATERIALS FOUND ON THIS WEBSITE. We are not registered as a securities broker-dealer or an investment adviser either with the U.S. Securities and Exchange Commission (the “SEC”) or with any state securities regulatory authority. We are neither licensed nor qualified to provide investment advice.
The contents of this website are not provided to any particular individual with a view toward their individual circumstances. The information contained on our website is not an offer to buy or sell securities. We distribute opinions, comments and information for a monthly fee exclusively to individuals who wish to receive them.
Our website has been prepared for informational purposes only and is not intended to be used as a complete source of information on any particular company. An individual should never invest in the securities of any of the companies’ mentioned based solely on information contained on our website. Individuals should assume that all information provided regarding companies is not trustworthy unless verified by their own independent research.
Any individual who chooses to invest in any securities should do so with caution. Investing in securities is speculative and carries a high degree of risk; you may lose some or all of the money that is invested. Always research your own investments and consult with a registered investment advisor or licensed stock broker before investing.
Past performance is not indicative of future results. The material contained on this page is intended for informational purposes only. NicoyaResearch.com is wholly-owned by Nicoya Research. NicoyaResearch.com offers a paid membership trade alert newsletter and free newsletter. These trades are one hundred percent unbiased and NicoyaResearch.com is never compensated for them. Our website and newsletter are neither an offer nor recommendation to buy or sell any security. We hold no investment licenses and are thus neither licensed nor qualified to provide investment advice. The content of our website and/or newsletter is not provided to any individual with a view toward their individual circumstances. While all information is believed to be reliable, it is not guaranteed by us to be accurate. Individuals should assume that all information contained on our website or in our newsletter is not trustworthy unless verified by their own independent research. Also, because events and circumstances frequently do not occur as expected, there will likely be differences between the any predictions and actual results. Always consult a licensed investment professional before making any investment decision. Be extremely careful, investing in securities carries a high degree of risk; you may likely lose some or all of the investment. We reserve the right to buy or sell shares of any company mentioned on our website or in our newsletter at any time.
Nicoya Research and/or its affiliates may hold, buy, and sell securities that are discussed on NicoyaResearch.com. We reserve the right to buy or sell the shares of any the companies mentioned in any materials we produce at any time.
Information contained on our website will contain “forward looking statements” as defined under Section 27A of the Securities Act of 1933 and Section 21B of the Securities Exchange Act of 1934. Readers are cautioned not to place undue reliance upon these forward looking statements. These forward looking statements are subject to a number of known and unknown risks and uncertainties outside of our control that could cause actual operations or results to differ materially from those anticipated. Factors that could affect performance include, but are not limited to, those factors that are discussed in each company’s most recent reports or registration statements filed with the SEC. You should consider these factors in evaluating the forward looking statements included on the website and not place undue reliance upon such statements.
We are committed to providing factual information on the companies that are discussed. However, we do not provide any assurance as to the accuracy or completeness of the information provided, including information regarding a company’s plans or ability to effect any planned or proposed actions. We have no first-hand knowledge of any company’s operations and therefore cannot comment on their capabilities, intent, resources, nor experience and we make no attempt to do so. Statistical information, dollar amounts, and market size data was provided by the subject company and related sources which we believe to be reliable.
To the fullest extent of the law, we will not be liable to any person or entity for the quality, accuracy, completeness, reliability, or timeliness of the information provided on this website, or for any direct, indirect, consequential, incidental, special or punitive damages that may arise out of the use of information we provide to any person or entity (including, but not limited to, lost profits, loss of opportunities, trading losses, and damages that may result from any inaccuracy or incompleteness of this information).
IF YOU DO NOT AGREE WITH THE TERMS OF THIS DISCLAIMER, PLEASE EXIT THIS SITE IMMEDIATELY. PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS SITE OR THE INFORMATION PROVIDED HEREIN SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THESE TERMS.