PLEASE READ OUR TERMS OF USE CAREFULLY BEFORE YOU USE OUR WEB SITE
Fountainhead Consulting LLC. (“Fountainhead” “we,” or “us”) provides its web site,
Fountainhead investing, located at https://fountainheadinvesting.com/ (together with all
other websites, mobile applications and services operated by or on behalf of Fountainhead
Consulting LLC., the “Site”), to you, an individual user (“you”) for your individual usage,
subject to compliance with the terms and conditions set forth herein.
1. Agreement
By using the Site, you agree to be bound by our Terms of Use (the “TOU”). If you do not agree
to the terms and conditions contained in the TOU and Fountainhead’s privacy policy,
please do not access or otherwise use the Site or any information contained herein.
You aKirm that you are over the age of 18, as the Site is not intended for children under 18.
If it comes to Fountainhead’s attention through reliable means that a registered user is a
child under 18 years of age, Fountainhead will cancel that user’s account.
2. Changes to the TOU
We reserve the right at any time to:
• Change the terms and conditions of the TOU;
• Change the Site, including eliminating or discontinuing any content or feature of the
Site; or
• Impose fees, charges or other conditions for use of the Site or parts thereof (with
reasonable notice).
Fountainhead may modify the Site at any time without prior notice, and you accept those
modifications if you continue to use the Site. You should check the Site frequently to see
recent changes.
3. Important Securities Disclaimer
You understand that no content published on the Site constitutes a recommendation that
any particular security, portfolio of securities, transaction or investment strategy is suitable
for any specific person. You further understand that none of the bloggers, information
providers, app providers, or their aKiliates are advising you personally concerning the
nature, potential, value or suitability of any particular security, portfolio of securities,
transaction, investment strategy or other matter. To the extent that any of the content
published on the Site 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. You understand that an investment in any
security is subject to a number of risks, and that discussions of any security published on
the Site will not contain a list or description of relevant risk factors. In addition, please note
that some of the stocks about which content is published on the Site have a low market
capitalization and/or insuKicient public float. Such stocks are subject to more risk than
stocks of larger companies, including greater volatility, lower liquidity and less publicly
available information. Blogs, postings or content on the Site which may or may not be
deemed by you to be recommendations may have an eKect on their stock prices.
You understand that the Site may contain opinions from time to time with regard to
securities mentioned in other Fountainhead blogs or products, and that opinions in one
blog or product may be diKerent from those in another blog or product. Any views or
opinions expressed may not reflect those of Fountainhead as a whole. We require all
employees to disclose every stock in which they, their immediate family, or any entity under
their control, have a personal interest, if such stock is mentioned in a blog, post, or content
which they write. However, you understand and agree that non-employees, including
outside bloggers or other content contributors or their aKiliates, may write about securities
in which they or their firms have a position, that they may trade for their own account, and
that they may or may not be subject to a disclosure policy. In cases where Fountainhead
becomes aware that one of its employees has violated his or her disclosure obligation,
Fountainhead will take appropriate action. In addition, outside bloggers or content
contributors may be subject to certain restrictions on trading for their own account.
However, you understand and agree that at the time of any transaction that you make, one
or more bloggers or content contributors or their aKiliates may have a position in the
securities they write about.
You understand that performance data is supplied by sources believed to be reliable, that
the calculations on our Site are made using such data, and that such calculations are not
guaranteed by these sources, the information providers, or any other person or entity, and
may not be complete.
From time to time, reference may be made on our Site to prior articles and opinions we
have published. These references may be selective, may reference only a portion of an
article or opinion, and are likely not to be current. As markets change continuously,
previously published information and data may not be current and should not be relied
upon.
All content on the Site is presented only as of the date published or indicated and may be
superseded by subsequent market events or for other reasons. In addition, you are
responsible for setting the cache settings on your browser to ensure you are receiving the
most recent data.
4. No Investment Recommendations or Professional Advice
The content on the Site is being provided for information purposes only. The Site does not
provide tax, legal, insurance or investment advice, and nothing on the Site should be
construed as an oKer to sell, a solicitation of an oKer to buy, or a recommendation for any
security by Fountainhead or any third party. You alone are solely responsible for
determining whether any investment, security or strategy, or any other product or service,
is appropriate or suitable for you based on your investment objectives and personal and
financial situation and for evaluating the merits and risks associated with the use of the
information on the Site before making any decisions based on such information or other
content. You should consult an attorney or tax professional regarding your specific legal or
tax situation.
Past performance is no guarantee of future results. Therefore, you should not assume
that the future performance of any specific investment or investment strategy will be
profitable or equal to corresponding past performance levels. Inherent in any
investment is the potential for loss. No recommendation or advice is being given as to
whether any investment is suitable for a particular investor. It should not be assumed that
any investments in securities, companies, sectors or markets identified and described
were or will be profitable. Fountainhead is not a fiduciary by virtue of any person’s use of or
access to the Site. Fountainhead is not a licensed securities dealer, broker or US
investment adviser or investment bank.
5. Copyright, Linking Policy and Trademarks
The Site and the content contained herein, as well as all copyrights, including without
limitation, the text, documents, articles, products, software, graphics, photos, sounds,
videos, interactive features, services, links, User Submissions (as defined below), thirdparty apps, and any other content on the Site (“Content”) and the trademarks, service
marks and logos contained therein are the property of Fountainhead and its third-party
licensors or providers. You may access and use the Content and download and/or print out
copies of any content from the Site, solely for your personal, non-commercial use. If you
download or print a copy of the Content for personal use, you must retain all copyright and
other proprietary notices contained therein. You acknowledge that you do not acquire any
ownership rights by using the Site. Fountainhead reserves all rights not expressly granted in
and to the Site.
The Site contains links to other Internet websites or links to Content created by third parties
which is published on the Site. We neither control nor endorse such other websites or
Content, nor have we reviewed or approved any Content that appears on such other
websites or on our Site. Please read the terms of use and privacy policy of any such thirdparty sites that you interact with before you engage in any activity. You are solely
responsible and liable for your use of and linking to all third-party sites. You acknowledge
and agree that we shall not be held responsible for the legality, accuracy, or
appropriateness of any Content, advertising, products, services, or information located on
our Site or any other websites, nor for any loss or damages caused or alleged to have been
caused using or reliance on any such content. Similarly, while we endeavor to facilitate the
provision of quality apps, we are not responsible for any loss or damages caused or alleged
to have been caused by their use.
You may link to any content on the Site. If you are interested in reprinting, republishing or
distributing content from Fountainhead, please contact Fountainhead to obtain written
consent. Fountainhead is a trademark and/or service mark of Fountainhead or an aKiliate.
All other trademarks, service marks, and logos used on our web sites are the trademarks,
service marks, or logos of their respective owners.
This section shall survive any termination of these TOU.
6. User Conduct
You may not use, copy, display, sell, license, de-compile, republish, upload, post, transmit,
distribute, create derivative works or otherwise exploit Content from the Site to online
bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without
our prior written permission. Modification of the Content or use of the 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.
In addition, in connection with your use of the Site and its services (including by sending
private messages to other registered users of the Site via your Fountainhead direct
messaging account), you agree not to:
• Restrict or inhibit any other visitor from using the Site, including, without limitation,
by means of “hacking” or defacing any portion 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.
• Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or
disassemble any portion of the Site.
• Disable, damage or alter the functioning or appearance of the Site, including the
presentation of advertising.
• “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 download, retrieve, index, “data mine”, “scrape”,
“harvest” or in any way reproduce or circumvent the navigational structure or
presentation of the Site or its contents.
• Harvest or collect information about visitors to the Site without their express
consent.
• Send unsolicited or unauthorized advertisements, spam, chain letters, etc to other
users of the Site.
• Transmit any Content which contains software viruses, or other harmful computer
code, files or programs.
You also agree to comply with all applicable laws, rules and regulations in connection with
your use of the Site and the content made available therein. We aim to prevent, detect and
not knowingly facilitate money laundering and terrorism financing activities. You may not
use the Site in a manner which violates our anti-money laundering, counter terrorist
financing or similar regulatory obligations.
We reserve the right to close, suspend, or limit access to your Subscription, account and/or
the Site in the event your use violates such obligations or if, after reasonable inquiry, we are
unable to obtain information about you which is required to verify your identity. We may
require you to provide additional information or documents to verify your identity, including
your date of birth, physical address, taxpayer or other identification number, your physical
address, government issued identification document or other information that will allow us
to reasonably identify you.
In order to access some of the services of the Site, you will have to create an account. By
creating this account, you agree to the following:
• You may only maintain a single account;
• You may never share your account user name or password or knowingly provide or
authorize access to your account (including without limitation a “Subscription”, as
defined below in Section 20);
• You may never use another user’s account without permission;
• When creating your account, you must provide accurate and complete information;
• You are solely responsible for the activity that occurs on your account, and you must
keep your account password secure;
• You must notify us immediately of any breach of security or unauthorized use of
your account.
You will be liable for any use made of your account or password and the losses of
Fountainhead or others due to such unauthorized use. We will not be liable for your losses
caused by any unauthorized use of your account.
Fountainhead has the right to terminate your access to the Site, in its sole discretion.
7. Overview of Posting Content; Monitoring Content
The Site permits the submission of Content by users of the Site, including without limitation
comments, articles, links, private messages sent to other registered users through the
Site’s messaging system, including from those who give permission to Fountainhead to
post their Content (“User Submissions”) and the hosting, sharing and publishing of such
User Submissions on the Site. Fountainhead has the right in its sole discretion and without
further notice to you, to monitor, censor, edit, move, delete, and/or remove any and all
Content posted on its Site, or any Content transmitted by direct messaging or by any other
method to or from your Fountainhead user account at any time and for any reason. Without
limiting the foregoing, Fountainhead has the right to delete any comment or Content that it
believes, in its sole discretion, does or may violate the TOU of the Site by you.
On user-generated Comments, Fountainhead reserves the right to remove content that
violates one of the following principles, as determined by Fountainhead, at our discretion:
• No incitement to hatred. Material that promotes hatred toward groups based on
race or ethnic origin, religion, disability, gender, age, veteran status, or sexual
orientation/gender identity will be removed.
• No pornography or pedophilia
• No direct or veiled threats against any person or group of people.
• No copyright infringement. When you upload photos or other materials to our site,
you should be sure to respect the copyright of others. Also, you should not remove
any metadata found on such materials. We also recommend not to use photos that
include people if you’re not sure whether the subject signed a release or is the
copyright holder.
• No plagiarism. This includes posting content verbatim from other sources without
proper attribution and/or repurposing content from other sources and presenting it
without reference to the content’s creator.
• No publishing of other people’s personal information, such as credit card numbers,
Social Security Numbers, and driver’s and other license numbers.
• No impersonation of others in a manner that is intended to or does mislead or
confuse others.
• No use for unlawful purposes or for promotion of dangerous and illegal activities.
Your account may be terminated and you may be reported to the appropriate
authorities.
• No spamming, link-spamming or transmitting malware and viruses.
• No personal attacks.
• No profanity or vulgarity.
• No business solicitations or advertising.
• No inappropriate, unethical or misleading behavior.
Important note: Fountainhead encourages civil, thought-provoking debate and ideasharing among investors and stock-market followers. In order to maintain a level of
discourse appropriate for our user base, we are strongly opposed to trolling, uncivilized
discussion, mudslinging, inappropriate language, and blanket dismissal of others’ ideas. At
our discretion, we may delete comments, and block/delete accounts of users we believe
lower the level of discourse and courtesy we strive to engender.
Moderating decisions are subjective, and we strive to make them carefully and
consistently. Due to the volume of content, we cannot review moderation decisions with
users and cannot reverse decisions.
Our blogs and Content are intended to serve as a discussion center for thoughtful users
who make their own investment decisions, with or without the help of a broker. They are not
the place for stock touters, cheerleaders or hypesters. We strongly encourage all
participants to disclose any positions they have in stocks being discussed.
Without derogating from the above, Fountainhead editors, at their discretion, may refrain
from posting or remove User Submissions that violate these standards, or which are
otherwise inappropriate. These standards are designed to ensure that the dialogue on the
Site is credible, responsible, intelligent and informative. We cannot guarantee that users
will tell the truth, and we will not monitor the veracity of names and positions or the
content of any posts. However, by setting out the above guidelines, we hope to raise the
credibility of the discussion and foster a spirit of open, honest exchanges of information.
If an author has a business relationship with a company named in an article that he or she
has authored, that relationship must be fully and accurately disclosed.
If you have any comments on our policies, or complaints or concerns of any kind about any
posts, please contact us at [email protected]. We will review all the
information that you communicate to us, but we may not be able to take action or respond
directly to each email.
8. User Submissions; Online Rules of Conduct
When you post any User Submission on the Site or give Fountainhead permission to post
your Content, you agree to:
• Post comments in both tone and content that contribute in a positive and high
quality manner to the substantive exchange of information and the subject matter of
the Site.
• Automatically grant Fountainhead a royalty-free, perpetual, worldwide, irrevocable,
non-exclusive and fully transferable and sublicensable right and license to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, perform and display any User Submission (in whole or in part) and/or to
incorporate any of your User Submission in other works now or in the future and in
any media formats and through any media channels, and you confirm and warrant
to Fountainhead that you own the copyright in each of your User Submissions and
have all the rights, power and authority necessary to grant the above license and
rights.
Fountainhead will use commercially reasonable eKorts to attribute material User
Submissions to the author.
If you provide any feedback or suggestions to Fountainhead regarding the Site or
Fountainhead’s services, including without limitation in response to a survey or in
connection with a particular User Submission (collectively, “Feedback”), Fountainhead
may use such Feedback for any purpose, including without limitation to provide it to
authors on their dashboard. In order that we may incorporate such Feedback into
Fountainhead’s Site and/or services, Fountainhead alone will own all right, title and
interest, including all related intellectual property rights, in and to all such Feedback and
you hereby assign such Feedback to Fountainhead free of charge.
When you post any User Submission on the Site, you also agree to abide by the following
disclosure rules:
• To disclose the existence at the time of writing of a long or short position (including
stocks, options or other instruments) in any stock mentioned in any User
Submission (except for “Comments”).
• You may not write about a stock with the intention to boost or reduce the stock’s
price and sell (or buy) the stock into the resulting strength or weakness.
• If you intend at the time or writing to sell or buy a stock within three days of
publication of a User Submission that discusses that stock, you must disclose this
intention.
• Abide by the following conflict of interest rule: You will disclose any material
relationships with companies whose stocks you write about in a User Submission or
parties that stand to gain in any way from the viewpoint you are outlining. Examples:
You must disclose if you are employed by a company whose stock you are writing
about; perform consulting for a company you write about; receive paid advertising
revenue or any other form of sponsorship fee from a company you write about. This
applies to narrow asset classes as well. For example, if you are paid to promote a
gold dealer, that must be disclosed in any User Submission about gold.
• If you choose an alias, be responsible for all statements made and acts or
omissions that occur by use of your alias.
• Waive any and all rights against Fountainhead and hold Fountainhead harmless in
connection with any claims relating to any action taken by Fountainhead as part of
its investigation of a suspected violation or result of its conclusion that a violation of
these TOU has occurred, including but not limited to the removal of User
Submission from the Site or a suspension or termination of your access to the Site.
• Maintain and promptly update your registration data to keep it true, accurate,
current and complete.
You agree not to:
• Choose an alias that is threatening, abusive, oKensive, harassing, derisive,
defamatory, vulgar, obscene, libelous, hatefully, racially, ethnically or otherwise or
objectionable.
• Post or transmit any Content that you either know or should know is false, deceptive
or misleading, or misrepresent or deceive others as to the source, accuracy,
integrity or completeness of any comment you post.
• Post or transmit any Content that is unlawful, harmful or injurious to others,
contains software viruses, or other harmful computer code, files or programs,
threatening, abusive, oKensive, harassing, derisive, defamatory, vulgar, obscene,
libelous, hatefully, racially, ethnically or otherwise tortious or objectionable.
• Post or transmit any Content that does or may invade the privacy or violate or
infringe on any rights of others, including, without limitation, copyrights and other
intellectual property rights.
• By use of your alias or in any comment, impersonate any person or entity, falsely or
deceptively state, infer or otherwise misrepresent your aKiliation with or connection
to any person or entity.
• Post or transmit any Content which, either the act of posting or the comment itself,
you do not have a right to do under any law, regulation or order of any court, or as a
result of an employment, contractual, fiduciary or other legal obligation or
relationship.
• Post or transmit any advertising, promotional materials, so called “chain letters,”
“pyramid” or other schemes or invitations to participate in these or any other form of
solicitation or promotion.
• Post or transmit any non-public or otherwise restricted, confidential or proprietary
information without authorization.
• Violate any local, state, national or international law, regulation or order of any
court, including but not limited to regulations of the U.S. Securities and Exchange
Commission or any rules of any securities exchange, including without limitation,
the New York Stock Exchange, the American Stock Exchange or The Nasdaq Stock
Market.
9. Caveats
While we believe that the Site can and should be a positive environment for the exchange of
information, you understand that the Site is open for posting to all users. Some individuals
may post comments that may be oKensive, indecent, objectionable, false, misleading or
simply inappropriate.
10. Responsibility for User Submission
Each individual who submits a User Submission, whether published on the Site or not, is
solely responsible for her or his own acts, including the content, context or information in
the User Submission he or she submits. This means that each individual, and not
Fountainhead is entirely responsible for anything and everything she or he posts on the
Site. Except for the reasons set forth in Section 7, Fountainhead does not, and does not
intend to, pre-screen any comments posted on its Site. Fountainhead cannot and does not
guarantee the accuracy, integrity or quality of anything that may appear on its Site.
11. Disclosure
We reserve the right to access, read, preserve, and disclose any User Submissions
(whether published or not) or any other information we believe is reasonably necessary to
(a) comply with any applicable law, regulation, legal process, subpoena or governmental or
regulatory request, (b) enforce these TOU, including investigation of potential violations of
it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond
to user support requests, or (e) protect the rights, property or safety of Fountainhead its
users, yourself or the public.
12. Disclaimer of Warranties
THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE,
IS PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
FOUNTAINHEAD ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS,
ADVERTISERS, AGENTS, INFORMATION PROVIDERS AND ANY OTHER THIRD PARTY
INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF THE SITE DISCLAIM ALL
WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES
RELATING TO THE ORIGINALITY, ADEQUACY, ACCURACY, TIMELINESS, MERCHANTABILITY
OR COMPLETENESS OF ANY INFORMATION ON OUR SITE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above
exclusions may not apply to you.
FOUNTAINHEAD AND ITS AFFILIATES, SUPPLIERS, AGENTS, SPONSORS, INFORMATION
PROVIDERS AND ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO THE MAKING OR
COMPILING OF THE SITE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE
UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR THE SERVER(S) ON
WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR
RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF FOUNTAINHEAD OR ITS
AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, SPONSORS, INFORMATION PROVIDERS OR
VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
13. Limitation of Liability
NEITHER FOUNTAINHEAD NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS, SPONSORS,
INFORMATION PROVIDERS NOR ANY OTHER THIRD PARTY INVOLVED IN OR RELATED TO
THE MAKING OR COMPILING OF THE SITE ARE LIABLE FOR LOST PROFITS, LOST SAVINGS
OR 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 SITE AND/OR ANY CONTENT
CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH
FOUNTAINHEAD. SUCH LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF
ACTION, EVEN IF FOUNTAINHEAD ITS INFORMATION PROVIDERS, OR ANY OTHER THIRD
PARTY INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF ANY PART OF THE
SITE HAS BEEN ADVISED OF OR OTHERWISE MIGHT HAVE ANTICIPATED THE POSSIBILITY
OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO
STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO FOUNTAINHEAD FOR
ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT
(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED
THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE OR ANY
SERVICES, DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM. IN
NO EVENT SHALL FOUNTAINHEAD ITS INFORMATION PROVIDERS OR ANY THIRD PARTY
INVOLVED IN OR RELATED TO THE MAKING OR COMPILING OF ANY OF THE GICS SERVICE
(DEFINED BELOW), BE LIABLE TO YOU, OR ANY OTHER PERSON, FOR ANY DIRECT OR
INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST
SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
USE OR YOUR INABILITY TO USE THE GICS SERVICE.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or
consequential damages, so the above limitations may not apply to you.
14. Indemnification
As a condition of your use of the Site, you agree to indemnify, defend and hold us, our
oKicers, directors, employees, agents, representatives, information providers, and any
other third party involved in or related to the making or compiling of the Site 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 violation of
the TOU; (b) your use or any third party’s use of, or inability to use, the Site; (c) your violation
of the rights of any third party, or (d) any claim that one of your User Submissions caused
damage to a third party. This defense and indemnification obligation will survive these TOU
and your use of the Site.
15. Termination
You understand and agree that Fountainhead may, under certain circumstances and
without prior notice to you, terminate your access to and use of the Site. Cause for such
termination shall include, but not be limited to, (i) breaches or violations of the TOU or
other agreements or guidelines, (ii) requests by law enforcement or other government or
regulatory authorities or (iii) repeat violators of third party copyrights or other intellectual
property.
16. Copyright Policy
Fountainhead respects the intellectual property of others, and we ask our users to do
the same. Fountainhead may, in appropriate circumstances and at its discretion,
terminate the account or access of users who infringe the intellectual property rights
of others.
If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide our Copyright Agent the following information:
• 16.1: an electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
• 16.2: a description of the copyrighted work that you claim has been infringed,
including the URL (web page address) of the location where the copyrighted work
exists or a copy of the copyrighted work;
• 16.3: a description of where the material that you claim is infringing is located on the
Site, including the URL;
• 16.4: your address, telephone number, and email address;
• 16.5: a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law; and
• 16.6: a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized to act
on the copyright owner’s behalf.
FOUNTAINHEAD’s Copyright Agent for Notice of claims of copyright infringement can be
reached as follows:
• By mail:
Copyright Agent
Fountainhead Consulting LLC.
21 Mayflower Ave
Williston Park, NY 10017
• By email: [email protected]
Please also note that under Section 512(f) any person who knowingly materially
misrepresents that material or activity is infringing may be subject to liability.
17. Additional Terms that Apply to FOUNTAINHEAD’s iPhone® Mobile Application
By downloading FOUNTAINHEAD’s mobile application on your iPhone® mobile device (the
“Licensed Application”), your use of the Licensed Application is also subject to the Usage
Rules established by Apple, including those set forth in the Apple App Store Terms of
Service, eKective as of the date that you download the Licensed Application. In addition,
you agree to the following terms:
• You acknowledge that this TOU is entered into by and between you and
Fountainhead exclusively and not with Apple, Inc. or its subsidiaries (“Apple”).
• Any appearance of the word “Site” in the TOU is also intended, where appropriate, to
include a reference to the Licensed Application.
• As between Fountainhead and Apple, we are exclusively responsible for the
Licensed Application and its content, unless specifically noted otherwise in the
TOU,
• Fountainhead grants you a nontransferable, nonexclusive, royalty-free, fully paid,
worldwide license (without the right to sublicense) to install and use one copy of the
Licensed Application, in executable object code format only, solely on your iPhone®
mobile device.
• Except as required by applicable law, you acknowledge that neither Fountainhead
nor Apple are obligated to maintain or support the Licensed Application.
Notwithstanding the foregoing, from time to time, we may provide updates or
upgrades to the Licensed Application (each a “Revision”), but we are not under any
obligation to do so. Such Revisions will be supplied according to FOUNTAINHEAD’s
then-current policies, which may include automatic updating or upgrading without
any additional notice to you. You consent to any such automatic updating or
upgrading of the Licensed Application. All references herein to the Licensed
Application shall include Revisions. This TOU shall govern any Revisions that
replace or supplement the original Licensed Application unless the Revision is
accompanied by a separate license agreement which will govern the Revision.
• Currently, we do not charge for your use of the Licensed Application, however, your
use of the Licensed Application requires and utilizes internet connection or data
access. To the extent that a third party service provider or carrier charges for your
internet or data usage, you agree to be solely responsible for those charges.
• In the event of any failure of the Licensed Application to conform to any applicable
warranty provided herein, you may notify Apple, and Apple will refund the purchase
price, if any, for the Licensed Application to you. Furthermore, to the maximum
extent permitted by applicable law, Apple will have no other warranty obligation
whatsoever with respect to the Licensed Application, and any other claims, losses,
liabilities, damages, costs or expenses attributable to any failure of the Licensed
Application to conform to any warranty.
• To the extent that a claim is permitted pursuant to this TOU, Fountainhead and not
Apple, is responsible for addressing your claims or those of any third party relating
to the Licensed Application or your possession and/or use of the Licensed
Application, including, but not limited to: (i) product liability claims; (ii) any claim
that the Licensed Application fails to conform to any applicable legal or regulatory
requirement; and (iii) claims arising under consumer protection or similar
legislation. Similarly, if there is a third party claim that the Licensed Application or
Your possession and use of the Licensed Application infringes a third party’s
intellectual property rights, Fountainhead not Apple, will be solely responsible for
the investigation, defense, settlement and discharge of any such intellectual
property infringement claim.
• You represent and warrant that (i) You are not located in a country that is subject to a
U.S. Government embargo or that has been designated by the U.S. Government as a
“terrorist supporting” country; and (ii) You are not listed on any U.S. Government list
of prohibited or restricted parties.
• Apple is an intended third-party beneficiary of this Section 17, Additional Terms. You
acknowledge that Apple will have the right (and will be deemed to have accepted
the right) to enforce any of the terms or conditions of this Section 17 against you as
a third-party beneficiary of this Section 17.
18. Additional Terms that Apply to Fountainhead Paid Subscriptions
• By subscribing to Fountainhead subscription products (the “Subscription”), you
agree to pay the applicable Subscription fees set forth on the Site. Fountainhead
reserves the right to revise Subscription fees upon reasonable notice.
• We remind you that all the rules applicable to setting up an account under Section 6
above (entitled, “User Conduct”) apply to your Subscriptions.
• Unless we notify you in writing otherwise, you are not permitted to share Content
available through your Subscriptions.
• Unless stated otherwise in writing, Subscription fees are nonrefundable. You may
cancel purchases of Fountainhead products or complimentary services by updating
your preferences in your seekingalpha.com Subscription Settings page, by
contacting us by email at subscriptions@, or by another designated cancellation
method.
• During any free trial portion of a Fountainhead subscription, you may cancel your
trial subscription at any time (and not be billed) by notifying us as provided in the
paragraph immediately above. You must cancel your trial subscription no later
than one (1) day before the free trial period expires in order to avoid conversion
to a paid subscription.
• For subscription products oKering a limited 30-day money back guarantee, you
must cancel your subscription no later than one (1) day before the 30-day
limited money back guarantee period expires in order to receive a refund for the
remaining 11 months of your subscription.
• When your initial paid subscription commences (which occurs at the expiration of
your free trial, or if you are not receiving a free trial, upon your registration for a
subscription) your payment account will be billed the applicable subscription fee
and your paid subscription will commence. Once your initial paid subscription
commences, we do not provide refunds for initial orders or recurring payments.
• Fountainhead reserves the right to cancel a Subscription at any time. If we cancel a
Subscription due to a breach of these Terms of Use you will not be eligible for any
refund.
19. Miscellaneous
The Site is directed solely to individuals residing in jurisdictions in which provision of the
Site’s content is legal. We make no representation that materials provided on 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 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.
The TOU, together with all Fountainhead policies referred to herein, constitutes the entire
agreement between you and Fountainhead relating to your use of the Site and supersedes
and any all prior or contemporaneous written or oral agreements on that subject between
us. The TOU, privacy policy and the relationship between you and Fountainhead are
governed by and construed in accordance with the laws of the State of New York, without
regard to its principles of conflict of laws. You and Fountainhead agree to submit to the
personal and exclusive jurisdiction of the federal and state courts located within New York
County, New York, and waive any jurisdictional, venue, or inconvenient forum objections to
such courts. If any provision of the TOU is found to be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from the TOU and shall not
aKect the validity and enforceability of any remaining provisions. 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 the TOU is
inserted only as a matter of convenience and in no way defines or explains any section or
provision hereof. We reserve the right to require you to sign a non-electronic version of the
TOU.
Updated: October 2, 2024
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