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SUBSCRIBER AGREEMENT & TERMS OF SERVICE

  • Introduction
  • Services and Website
  • Twitter
  • General

INTRODUCTION

Rareview Macro, LLC ("RVM") provides certain services ("Services") through the http://www.rareviewmacro.com website ("Website"), operates a twitter account at http://www.twitter.com/rareviewmacro (“Twitter Account”) and communicates to its audience via email and other multi-media channels.

Access to and use of the Services, Website, and Twitter Account are subject at all times to the Subscriber Agreement &Terms of Service (collectively the "Terms of Service"), which are a binding contract between RVM and you.

If you agree to be bound by the Terms of Service, you should check the box indicating your agreement to the Terms of Service on the registration page for the Services. If you do not agree to be bound by the Terms of Services, you should not check the box but you will not be able to proceed with the registration process for the respective Services and become a subscriber. To the extent you have access to, or are using, a Service without having completed the RVM registration process, you are hereby notified that your continued use of a Service is subject to the same Terms of Service as outlined below.

RVM may change these Terms of Service at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Service that the terms have been "updated" or similar words). The changes also will appear on this Website, which you can access at any time. You signify that you agree to be bound by such changes by using a Service after changes are made to this Terms of Service.

SERVICES AND WEBSITE

Rareview Macro, LLC ("RVM") provides certain services ("Services") through the http://www.rareviewmacro.com website ("Website").

Please read this Terms of Service in full prior to reading any content on our Services or Website.

Subscriber Access. Subscriber access is solely personalized, which means that you may not assign your rights or obligations under this Terms of Service to anyone. No third party is a beneficiary of this Terms of Service. You many not share your access with a non-subscriber, including someone in your group, company or organization. The software installed on this Website enables RVM to monitor subscriber compliance with these Terms of Service and you agree that RVM may do so.

Limitations on Use. You may occasionally use our "Send To A Friend" service to e-mail a newsletter from a Service to a few individuals, without charge. You are not permitted to use this service for the purpose of regularly providing other users with access to content from a Service. You may occasionally distribute a copy of a newsletter, or a portion of a newsletter, from a Service in electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Service, original source attribution, and the phrase "Used with permission from Rareview Macro LLC". Please consult with RVM directly if you need to distribute content from a Service to a larger number of individuals, on a regular basis or in any other manner not expressly permitted by this Terms of Service.

Privacy and Your Account. Registration data and other information about you are subject to RVM’s Privacy Policy. Your information may be stored and processed in the United States or any other country where RVM has facilities, and by subscribing to a Service, you consent to the transfer of information outside of your country. If your access to a Service has been provided by or through a third party (for example, your employer or an education institution where you are a student) (each, a "Third Party"), the Third Party may have provided us with information about you to enable us to provide you with access to the Service and distinguish you from other subscribers (such as your email address or name). If you access a Service using a password, you are solely responsible for maintaining the confidentiality of that password. If you provide someone else with access to your password to a Service, they will have the ability to view information about your account and make changes through the Website for the Service. Similarly, if you tell someone the answer to your security question for a Service, they will be able to request information about your account and make changes through RVM’s customer service department. You agree to notify us promptly if you change your address or email so RVM can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice.

Fees and Payments. You agree to pay the subscription fees and any other charges incurred in connection with your user name and password for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. RVM will bill all charges automatically to your credit card or send an invoice where applicable. Subscription fees will be billed at the beginning of your subscription or any renewal. Terms of payment are within RVM's sole discretion and may be modified, amended or supplemented at any time and shall become effective upon posting on the Website. RVM reserves the right to change prices at any time and is not responsible for pricing, typographical, or other errors in any offer by RVM and reserves the right to cancel any service or product orders resulting from such errors. If you want to use a different credit card or there is a change in credit card validity or expiration date, you can update this information on the Website under the Login section. If you believe someone has accessed a Service using your user name and password without your authorization, please contact RVM immediately. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.

Renewal. Your subscription will renew automatically, unless it is cancelled in accordance with the Cancellation section below. For annual subscriptions, RVM will notify you of the pending renewal of your subscription at least 30 days prior to the date your subscription renews, except as otherwise required by law.

Cancellation. You may cancel your subscription at any time under the following conditions. For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. RVM may cancel your subscription at any time by notifying you. You may cancel your subscription through the Login section on this Website, by email, or calling RVM directly. RVM does not accept cancellations by mail or through the form on the Contact page of this Website.

Cancellation Conditions:

a. Monthly Subscriptions: No Refund

b. Annual Subscriptions: The annual discount is reversed to a standard monthly fee and a pro-rated refund for the remainder of subscription period less the current month and administrative or processing fees, including the applicable wire and credit card fee, will be granted.

Grant of Rights and Representations by You. If you reply, post or submit any content or opinions on a Service, you represent to us that you have all the necessary legal rights to upload, post or submit such content and opinions and it will not violate any law or the rights of any person. You agree that upon replying, posting or submitting information on the Services, you grant RVM, and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, and create derivative works from your content and opinions in any and all media, in any manner, in whole or part, without any duty to compensate you. You also grant RVM the right to authorize the use of your content and opinion, or any portion thereof, by users and other users in accordance with the terms and conditions of this Terms of Service, including the rights to feature your content and opinions specifically on the Services and to allow other users to request access to your content and opinion.

Links with Other Sites. The Services, Website and/or Twitter Account may provide links or references to websites or services that are maintained or provided by third parties. RVM is not responsible for and does not assume responsibility for any content or practice of any such site or service. Your use of any such site or service is entirely at your own risk. RVM provides such links and/or references solely as a convenience to you and not as an endorsement or approval of any content, practice, owner, or sponsor. The company makes no warranties of any kind in relation to such sites and/or services.

DISCLAIMERS OF WARRANTIES. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES, WEBSITE AND TWITTER ACCOUNT (AS WELL AS ANY THIRD-PARTY SERVICES, PRODUCTS, AND INFORMATION DELIVERED TO YOU IN CONNECTION) IS AT YOUR SOLE RISK AND ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

RVM DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES, WEBSITE OR TWITTER ACCOUNT AT TIMES OR LOCATIONS OF YOUR CHOOSING OR THAT RVM WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES, WEBSITE OR TWITTER ACCOUNT AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE SERVICES, WEBSITE, AND TWITTER ACCOUNT, AND THE CONTENT MAY CONTAIN ERRORS, INCLUDING TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS.

LIMITATIONS OF LIABILITIES. RVM AND ITS OWNERS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS ("THE RVM PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES, WEBSITE, TWITTER ACCOUNT, AND CONTENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, WARRANTY OR OTHER THEORY OF LIABILITY, EVEN IF RVM OR ANY OF THE RVM 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 RVM AND THE RVM PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IN RELATION TO ANY DISPUTE WITH RVM OR THE RVM PARTIES IS TO STOP USING THE SERVICES, WEBSITE AND TWITTER ACCOUNT, AND TO CANCEL YOUR SUBSCRIPTION. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL RVM OR THE RVM PARTIES BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING ANY CONDUCT, COMMUNICATION OR CONTENT ASSOCIATED WITH THE SERVICES, WEBSITE, TWITTER ACCOUNT OR THE CONTENT.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF CERTAIN CATEGORIES OF LIABILITY, THE FOREGOING LIMITATIONS SHALL APPLY TO YOU ONLY TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.

THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH OR IN CONNECTION WITH THE WEBSITE OR THE SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

INDEMNIFICATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS RVM AND THE RVM PARTIES FROM AND AGAINST ALL CLAIMS (INCLUDING investigations and allegations that are not yet presented as litigation) and liabilities, losses and expenses, including attorneys' fees and costs, arising in connection with any breach of these Terms of Service. If you fail to provide a defense satisfactory to RVM, RVM may assume the defense and invoice you for the cost thereof, which invoice(s) you shall pay immediately upon presentation.

TWITTER

Rareview Macro LLC (“RVM”) operates a Twitter account at www.twitter.com/rareviewmacro (“Twitter Account”).

Please read this Terms of Service in full prior to reading any content on our Twitter Account.

Nothing in the Twitter Account constitutes an offer to sell any securities or the solicitation of an offer to purchase any securities. The purpose of our Twitter Account is solely to observe, share and discuss general market activity, investment themes, and geopolitical and economic conditions, and to provide RVM business development updates.

Use of RVM’s tweets is at your own risk and RVM expressly disclaims making any express or implied warranties with respect to the fitness of the information contained therein for any particular usage, its merchantability or its application or purpose. While all reasonable care has been taken to ensure that the information contained herein is not untrue or misleading at the time of distribution, RVM makes no representation as to its accuracy or completeness, and it should not be relied upon as such. The market, currency, economic, political, business, technological and other factors upon which our tweets are based may change without warning or become outdated and RVM is under no obligation to update any such information. Accordingly, all opinions expressed herein are subject to change without notice. In no event shall RVM be responsible or liable for the correctness of any such material or for any damage or lost opportunities resulting from use of a tweet. The inclusion of a link to an external website by RVM should not be understood to be an endorsement of that website or the site's owners (or their products/services). RVM is not responsible for either the content, or output, of external websites.

Retweet Notice. A retweet notice (“RN”) illustrated on a tweet as “RVM retweeted” is not an explicit or implicit endorsement and is never intended to be an endorsement. A retweet is a way to communicate, including forwarding or sharing information only.

Position Notice. It should be assumed that, from time, or as of the publication date of any tweet, post or communication referencing any instrument or security in Equities, Foreign Exchange, Interest Rates, Commodities, or Credit, that RVM (possibly along with or through our partners, affiliates, employees, clients, investors, industry contacts and/or consultants) may have a position in the instrument or security covered herein, and therefore stands to realize gains if the forecasts and judgments about the future presented in this communication prove to be accurate. Following publication of a tweet, we intend to continue transacting in the instruments and securities highlighted therein, and RVM may be long, short or neutral at any time thereafter regardless of the initial position or communication.

Rareview Macro Model Portfolio Notice. The portfolio illustrations and references on the Twitter Account are hypothetical. No actual investments have been implemented and any references to loses, gains or positions with respect to the portfolio represent hypothetical, not actual losses, gains or positions. Recommendations and model results are not a guarantee of future results.

Users of the Twitter Account shall not use the Twitter Account at any time for any purpose that is unlawful or prohibited and shall comply with any applicable local, state, national or international laws or regulations when using the Twitter Account.

Rareview Macro LLC and the terms, logos and marks included on the Twitter Account that identifies RVM services and products are proprietary materials. Copyright in the pages and in the screens of the Twitter Account, and in the information and material therein, is proprietary material owned by RVM unless otherwise indicated.

GENERAL

Disclosure. RVM reserves the right to disclose any information about you, including registration data, in order to comply with any applicable laws and/or requests under legal process, to operate our Website properly, to protect our property or rights, and to safeguard the interests of others.

Governing Law. You agree that this Terms of Service, as well as any and all claims arising from this Terms of Service will be governed by and construed in accordance with the laws of the State of Connecticut, United States of America, without regard to any conflict or choice of law principles. By agreeing to these Terms of Service or by accessing or using the Website and/or any of the Services, you submit to the personal and sole jurisdiction of the federal and state courts of the State of Connecticut, United States of America, for any litigation. You further agree that such courts shall have exclusive jurisdiction over any claim or litigation brought by you under or in connection with these Terms of Service, the Website, or any of the Services. This Terms of Service will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Final and Entire Agreement. This Terms of Service contains the final and entire agreement between RVM and you regarding your use of the Services, Website or Twitter Account and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services, Website or Twitter Account or their availability to you, at any time. If any provision in these Terms of Service is held to be invalid or unenforceable, then the remaining provisions shall continue in full force and effect.

Contact Us. If you have any questions with respect to this Terms of Services or for further information, please contact us at: Rareview Macro LLC, Soundview Plaza, 1266 E. Main Street, Ste 700R, Stamford, CT 06902 or [email protected].