Terms of Use

Please read these Terms of Use carefully as they constitute a legally binding agreement between you and Sherman Samuels Investing LLC, a Florida limited liability company (referred to hereafter as “SSI,” “we,” “us,” or “our”). This website is owned and operated by SSI. These Terms of Use and our Privacy Policy (collectively, these “Terms”) govern your access to and use of insytz (the “Services”) and the website on which such Services are displayed (the “Site”). Please read these Terms carefully. By accessing and using the Services in any way, you are acknowledging that you understand and agree to these Terms, and you represent and warrant that you are at least 18 years old and capable of forming a binding contract with SSI and are not barred from using the Services under applicable law. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms.

MODIFICATION OF THESE TERMS AND CONDITIONS. SSI reserves the right to change these Terms at any time by revising the terms and conditions herein, including, but not limited to, adding fees and charges for use. You are responsible for regularly reviewing these terms and conditions. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic mail. You can access the latest version of this agreement at the bottom of any page on the Site. Continued use of the Services following any such changes shall constitute your acceptance of such changes. If you do not accept these terms and any subsequent changes, you must cease using the Services.

OUR RIGHTS. All right, title, and interest in and to the Services are and will remain the exclusive property of SSI and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use SSI’s name, trademarks, logos, domain names, or other distinctive brand features.

RESTRICTIONS ON USE. All materials published by SSI, including, but not limited to data, charts, images, illustrations, and price information (collectively, “Information”) are protected by copyright and owned or controlled by SSI or its third-party providers. You must access the Information manually via a web browser. You cannot use automated programs, scripts, bots, or similar tools to periodically collect Information from the Services or scrape the Site. You may not use the Information for any unlawful purpose. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Site or Services, SSI’s computer systems, or any supporting infrastructure (including that of our providers); (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; or (iii) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services.

Certain of the information contained in the Services: (1) is proprietary to Morningstar Inc. and/or its content providers; (2) may not be copied or distributed; and (3) is not warranted to be accurate, complete or timely. SSI, Morningstar and its content providers are not responsible for any damages or losses arising from any use of this information. Past performance is no guarantee of future results.

LIMITED LICENSE. You are authorized to utilize the Information provided: (1) both the copyright notice and permission notice below are reproduced unaltered in all copies, (2) your use of the Information is solely for educational, non-commercial, or personal purposes, and (3) no modification to the Information is made. Apart from the designated uses mentioned above and reprinting as detailed below, no portion of the Information may be copied, photocopied, reproduced, republished, licensed, distributed, performed, displayed, uploaded, posted, translated, altered, retransmitted, broadcast in any manner, exploited, used to create derivative works, or converted into any electronic medium or machine-readable form, either in whole or in part, without obtaining prior written consent from SSI.

ANY DISTRIBUTION OF THE INFORMATION FOR COMMERCIAL PURPOSES IS STRICTLY PROHIBITED WITHOUT OBTAINING A LICENSE TO DO SO FROM US OR OUR LICENSORS.

To request consent for other matters, please contact support@insytz.com.

IP & COPYRIGHT NOTICE. We are the owner or the licensee of all intellectual property rights on the Site, including the Services. All Information is Copyright © by Sherman Samuels Investing LLC, Boca Raton, Florida. All rights reserved. When reprinting or copying Information for purposes where providing SSI’s copyright notice is required, you may provide this copyright notice by placing “© SSI” somewhere near the copied Information. 

PERMISSION NOTICE. When copying Information, SSI’s permission notice is required to appear near the reproduced Information.

If you reproduce SSI’s Information, consistent with the above terms or with express permission of ShermanSamuels, you must place “Used with permission from Sherman Samuels Investing LLC” somewhere near the reproduced Information.

You must not modify any paper or digital copies of the Information you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of the Information must always be acknowledged, and any copyright, trademark and other proprietary rights notices must appear and remain intact on all copies.

ACCURACY OF INFORMATION.  SSI and its licensors do not guarantee the accuracy, completeness, usefulness, or timeliness of the Information. Due to the number of sources from which the Information is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in the Information. SSI does not endorse nor assume any responsibility or liability for any third-party materials, content, or information.

INVESTMENT DECISIONS. The Information and Services should never be relied upon as the sole basis for making any investment decisions. We and our third-party providers, affiliates, agents, and licensors shall not be liable for any investment decisions made based on the Information and/or the Services. Investing is inherently risky; any reliance on the Information or the Services is at your own risk, and you assume any and all risks associated with your investment decisions. Our Services and Site are meant for general information and use only and do not consider your specific needs, objectives, or requirements. We do not advocate the purchase or sale of any individual investment vehicle. We and our third-party providers, affiliates, agents, and licensors may be active investors in the market and may or may not have open positions in any investment vehicle mentioned on the Services. You assume any and all risk associated with your investment decisions irrespective of whether we or our third-party providers, affiliates, agents, or licensors hold positions in investment vehicles mentioned on the Services. Prior to the execution of any trade, exchange, purchase, sale, or other financial transaction with respect to any investment vehicle for which Information is available, you are advised to consult with your broker or other financial representative to verify pricing and other information.

While the information provided here is believed to be accurate and reliable, neither insytz, nor any affiliate makes any representations or warranties, express or implied, as to the accuracy or completeness of such information.  In particular, no representation or warranty is given as to the achievement or reasonableness of, and no reliance should be placed on, any projections, targets, estimates, or forecasts insytz provides.  The information provided here was prepared expressly for this use and is based on significant assumptions and elements of subjective judgment and analysis which may or may not be correct and, as such, any estimates may not be realized.  Whether or not any such forward looking statements or projections, targets, estimates, or forecasts are in fact achieved will depend upon future events which are not within the control of insytz. Accordingly, actual results may vary from any projected results and such variations may be material. Neither insytz, nor any of its affiliates shall have any liability for any errors in or omissions from the information that it provides or any other written or oral communications transmitted or made available by it.

In furnishing this information, insytz reserves the right to amend or replace it at any time but undertakes no obligation to do so or to provide the recipient with access to any additional information or correct any inaccuracies or omissions.

Prospective recipients are deemed to be sophisticated parties and should, together with their financial, legal, accounting, tax, and other advisors, conduct their own investigation and analysis and rely on their own judgment in their evaluation. 

insytz makes no representation or warranty, expressed or implied, as to the accuracy or completeness of the information provided here, and nothing contained herein is, or shall be relied upon as, a promise or representation, whether as to the past or the future.

insytz has not independently verified any of the third-party information provided here and assumes no responsibility for its accuracy or completeness.

This information is not intended to provide, and should not be relied upon for, legal, tax, regulatory, financial, accounting or investment advice. Prior to entering into any transaction  (a “Transaction”), you should determine, without reliance upon insytz , the economic risks and merits (and independently determine that you are able to assume these risks) as well as the legal, tax and accounting characterizations and consequences of any such Transaction. In this regard, you acknowledge that (a)  insytz is not in the business of providing (and you are not relying on insytz for) legal, tax or accounting advice, (b) there may be legal, tax or accounting risks associated with any Transaction, (c) you should receive (and rely on) separate and qualified legal, tax and accounting advice and (d) if applicable, you should apprise senior management in your organization as to such legal, tax and accounting advice (and any risks associated with any Transaction) and our disclaimers to these matters.

insytz is engaged in or may be engaged in the future in other business. The information is not an expressed nor an implied agreement by insytz to act in any capacity with respect to you. This information in no way restricts insytz from acting in any capacity in a manner adverse to you.

No fiduciary, advisory or agency relationship between insytz , on the one hand, and you and your affiliates, employees, officers, directors, or stockholders on the other hand, has been created in respect of the information provided here, and none of your affiliates, employees, officers, directors, or stockholders may rely on such information.

DISCLAIMER. THE SERVICES, THE SITE, AND THE INFORMATION MADE AVAILABLE THEREBY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR GUARANTEE OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE AND OUR THIRD PARTY PROVIDERS, AFFILIATES, AGENTS, AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COMPLETENESS, TIMELINESS, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE INFORMATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES (OR ANY SUPPORTING INFRASTRUCTURE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ANY RESPONSIBILITY FOR HARM TO YOUR COMPUTER, LOSS OF DATA, OR OTHER HARM THAT MAY RESULT FROM ACCESS TO OR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO CONTRACTION OF A COMPUTER VIRUS.

LIMITATION OF LIABILITY. Under no circumstances shall SSI, its officers, directors, agents, third party providers, affiliates, or licensors be liable for any direct, indirect, incidental, punitive, special, or consequential damages (including without limitation, attorneys’ fees), or any loss of profits or revenues or loss of data, use, good-will, business opportunity, or other intangible losses, whether in an action of contract, negligence or other tortious action, that result from the use of, or the inability to use, the Information, even if SSI has been advised of such damages. If you are dissatisfied with the Information, or any of the terms governing your use of the Services, your sole and exclusive remedy is to discontinue using the Services. If SSI or any of its third party providers, affiliates, agents, or licensors are found liable in connection with a claim arising out of or related to the Services or the Information, their aggregate liability in such an event shall not exceed the greater of the amount you paid SSI, if any, in the past twelve months for the Services giving rise to the claim or $100. Your right to monetary damages in such amount shall be in lieu of all other remedies to which you may otherwise be entitled from SSI, or its third party providers, affiliates, agents, or licensors.

The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not SSI has been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. However, because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

REGISTRATION, ACCESS, AND SECURITY. Only you can use your account, and no other individual may access your account using the same user ID or password, unless agreed otherwise by SSI.

As part of the registration process, you will be automatically assigned a user ID. You will be required to give us certain registration information, all of which must be accurate and updated. Failure to comply with the foregoing shall constitute a breach of this agreement, which may result in immediate termination of your account. You shall be responsible for setting and maintaining the confidentiality of your own password.

You shall notify SSI of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.

You are solely and fully responsible for all usage or activity on your account. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at SSI’s sole discretion, and SSI may refer you to appropriate law enforcement agencies.

PAYMENTS AND TERMINATION/CANCELLATION OF SERVICE. We may charge you service fees (“Fees”) in consideration for your use of the Services. The amount of Fees and payment terms will depend on the duration of the subscription for the Services you select (the “Plan”) (for example, whether you select a Plan that renews monthly or on an annual basis). Any applicable Fees will be displayed to you prior to payment. We reserve the right to adjust the Fees charged and any other payment terms during any Plan renewal. You are fully responsible for paying any Fees owed to us. You may cancel your access to the Services at any time while a Plan is effective and your access to the Services will not be revoked until the expiration of the applicable Plan. Any prepaid but unused Fees will be nonrefundable. We may offer you access to the Services for a limited trial period (a “Trial Period”) and you may be required to provide a payment method which will only be charged after the Trial Period expires. If you cancel within the Trial Period, the payment method will not be charged.

CHANGES & AVAILABILITY. We may make improvements and/or changes to the Information, Site, or Services at any time in our sole discretion. We may also choose to cease offering the Services at any time in our sole discretion.  Periodic updates to the Site, Information, or Services are not assured, and their continuous availability or full operational status cannot be guaranteed at all times.

We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

ENDING THESE TERMS. The Terms will continue to apply until they are terminated by either you or SSI in accordance with this section. You may end your legal agreement with SSI at any time for any reason by deactivating your account and discontinuing your use of the Services. You do not need to specifically inform SSI if you stop using the Services. We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms; (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. Nothing in this section shall affect SSI’s rights to change, limit or stop the provision of the Services without prior notice.

INDEMNIFICATION. You hereby indemnify, defend and hold harmless SSI and all officers, directors, owners, agents, information third party providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. SSI reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

FEEDBACK. You hereby grant SSI a worldwide, perpetual, royalty-free, fully paid, non-exclusive license to use any suggestions you may have about our Site or Services, complaints, or other feedback for the purpose of correcting, improving, or further commercializing the Services. The license contained in this clause shall survive termination of any agreement between you and SSI.

GENERAL. This agreement is governed by the laws of the State of Florida, U.S.A. You consent to the exclusive jurisdiction and venue of courts in the city of Boca Raton and County of Palm Beach, Florida, U.S.A. in all disputes arising out of or relating to your use of the Services, Site, or Information. Use of this Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. 

ASSIGNMENT. We are entitled to subcontract and assign our rights and obligations related to our performance of the Services to any third party without your consent. In doing so, we will take into account and comply with applicable data protection legislation.

WAIVER. SSI’s failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

SEVERABILITY. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

ENTIRE AGREEMENT. These Terms, in concert with our Privacy Policy, constitutes the entire agreement between you and SSI with respect to the Site, Services, and Information. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and SSI with respect thereto. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Contact us if you have any questions about these Terms.