Terms of Use
Last updated 11.06.2024
PLEASE CAREFULLY READ THESE TERMS OF USE (“TERMS OF USE”) BEFORE USING OR OTHERWISE ACCESSING THIS WEBSITE. THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND RDP.
1. General
These Terms of Use regulate each individual user (“you” or “your”) of the RDPadvisory.com website and any functionality contained therein (the “Website”), owned by RDP Advisory LLP (“RDP”, “we”, “us”, or “our”).
These Terms of Use, and any amendments or supplements to it, together with our Privacy Policy (collectively, the “Agreement”) form a legally binding agreement between you and RDP, that governs your access to and use of the Website and your use or attempted use of our products and services.
BY ACCESSING OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT AND WILL BE ENFORCEABLE IN THE SAME WAY AS IF YOU HAD SIGNED THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU WILL NOT ACCESS OR USE THE WEBSITE.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Use were last revised. You may read a current, effective copy of these Terms of Use by visiting the Website. Your continued use of the Website, including your acceptance of any acknowledgements that may be provided to you upon accessing some portions of the Website or signing up for certain services, after the date any such changes become effective constitutes your acceptance of the new Terms of Use. You should periodically visit this page to review the current Terms of Use, so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Use, you will not access, browse, or use (or continue to access, browse, or use) the Website.
You may send any question or request related to the Terms of Use by following the instructions at the end of this document.
2. No Investment Services or Advice
Under no circumstances is the object of the Website to invite, advise, recommend, or suggest investment advice. The Website is not a solicitation of any offer to buy or sell any security or other financial instrument or to participate in any trading strategy. It does not provide individually tailored investment advice. It has been prepared without regard to the individual financial circumstances and objectives of persons who receive it. The appropriateness of a particular investment or strategy will depend on an investor’s individual circumstances and objectives. The Website may contain forward-looking statements and there can be no guarantee that they will happen. Past performance is not a guarantee of future performance. Thus, users who decide to access this Website, access to third-party links, provide information, and/or make financial decisions, do so on their own initiative and responsibility.
3. Eligibility Use of the Website
In order to use the Website, you must be 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws. The Website is not intended for children under the age of 18 and no person under the age of 18 may use the Website. If you use the Website, you are affirming that you are at least 18 years old.
4. Website Content and Intellectual Property
Subject to these Terms of Use, you may view the Website for the sole purpose of collecting information about our business and services. All content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademark, patent, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy, and print content retrieved from the Website for the sole purpose of using the Website; provided, however, that you do not remove or obscure any copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website will be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of our or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
5. Account Creation
By creating an Account, you represent, warrant and covenant that you have provided (and will provide at all times), complete and accurate information about yourself as required by the applicable registration form. You may only register one Account on the Website.
We reserve the right to suspend or terminate your use of the Website if we discover that you have violated these Terms of Use. You are solely responsible for maintaining the confidentiality of your Account details and for all activities that occur on your Account. You agree to notify us immediately of any known or suspected unauthorized use of your Account. We cannot and will not be liable for any loss or damage arising from your failure to protect the confidentiality of your Account data.
6. Your Conduct on the Website
You will refrain from using the Website for any purpose forbidden by these Terms of Use and will comply with all applicable law and regulations. You may not without our prior written consent:
(i) copy, reproduce, rent, lease, loan or sell content retrieved from the Website;
(ii) modify, distribute, or re-post any content on the Website for any purpose; or
(iii) use the content of the Website for any commercial exploitation whatsoever.
Additionally, in using the Website, you will not:
(a) disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked website;
(b) disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked Website;
(c) upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;
(d) use, frame, or utilize framing techniques to enclose any of our trademark, logo, or other proprietary information (including the images found on the Website, the content of any text, or the layout/design of any page or form contained on a Website's page) without our express written consent;
(e) reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website;
(f) use meta tags or any other “hidden text” utilizing our name, trademark, or product name without our express written consent;
(g) deeplink to the Website without our express written consent;
(h) create or use a false identity on the Website, share your Account information, or allow any person besides yourself to use your Account to access the Website;
(i) use the Website to collect or store personal data about others;
(j) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
(k) engage in any “scraping” activities, including but not limiting to the extraction or scraping of data from the Website via an automated process such as a bot or webcrawler, or bulk downloading or attempting to download a significant portion of our Website’s data or content in a short period; or
(l) use any data contained in or obtained from the Website to train any large language models or other forms of generative artificial intelligence.
10. Limitation of Liability; Disclaimer of Warranties
Limitation of Liability. EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL WE, OUR AFFILIATES, OR OUR OFFICERS, EMPLOYEES, DIRECTORS, SERVICES PROVIDERS, SUPPLIERS, AGENTS, OR OTHER REPRESENTATIVES (COLLECTIVELY, “RDP PARTIES”) BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY OF ITS CONTENT OR FUNCTIONALITY. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR IF GREATER, ONE HUNDRED DOLLARS ($100).
BECAUSE SOME JURISDICTIONS (INCLUDING WITHOUT LIMITATION THE STATE OF NEW JERSEY) PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND IF YOU ARE A USER FROM SUCH JURISDICTIONS, THE SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF SUCH JURISDICTION. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF SUCH JURISDICTION, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. IF YOU ARE DISSATISFIED WITH YOUR USE OF THIS WEBSITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
Disclaimer of Warranties. EXCEPT WHERE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE AND ITS CONTENT AND FUNCTIONALITY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS EXPRESSLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT IT WILL BE FREE OF DEFECT. WE MAKE NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE PROVIDE INFORMATION ON THE WEBSITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A FINANCIAL OR INVESTMENT ADVISORY PROFESSIONAL.
11. Indemnity
Except where otherwise inapplicable or prohibited by law, including in the state of New Jersey, to the fullest extent permitted by law, you agree to indemnify and hold harmless the RDP Parties from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation arising out of or relating to your use of the Website or your breach of this Agreement.
12. Change of Control
We may assign, transfer, or sub-contract any of our rights or obligations under these Terms of Use to any third party at our discretion.
13. International Use of the Website and Language
If you use the Website from any country other than the United States, such use is entirely at your own responsibility and risk and you are exclusively responsible for ensuring compliance with the laws of the country from which you access the Website.
14. Governing Law and Jurisdiction
This Agreement has been made in and will be construed and enforced in accordance with the laws of the State of New York, without regard to principles of conflict of laws thereof. Any controversy (other than an individual action filed in small claims court) shall be filed only in the state and federal courts located in New York City, New York, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
15. Contact Information
For questions about our Terms of Use, you can contact us by email, at [email protected], or by writing us at 66 W Flagler Street, Suite 900 PMB 11031; Miami, FL 33130.
16. Miscellaneous
No delay by us in exercising any right or remedy under these Terms of Use shall operate as a waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. These Terms of Use (together with any terms incorporated by reference herein) constitute the entire agreement between you and us relating to the subject matter herein. Any waiver must be agreed to by us in writing. These Terms of Use supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise. Each provision of this Agreement will be considered severable, such that if any one provision or clause conflicts with existing or future applicable law or may not be given full effect because of such law, no other provision that can operate without the conflicting provision or clause will be affected.