This Agreement describes your rights and responsibilities with respect to your access to and use of this website, as well as information about the newsletter. You may view this information in full page format here.
Please read this entire agreement carefully before using our membership website.
(Last Updated: January 2016)
1. Terms and Conditions of Service (TCS). Graycell Advisors (together with its affiliates and employees referred to herein as “GA” or "we" or "us") is a publisher of financial and investment commentary and opinions, including, but not limited to, The Prudent Biotech, a subscription-based monthly newsletter, along with any related publications (“Newsletter”, "Report", "Publication", "Subscription", "Service"). The Newsletter presents companies that comprise our model portfolio, which we share with the subscriber. Please carefully read the Terms and Conditions of Service (“TCS”) set forth below. As a condition to using the website and subscription, you agree to the TCS.
By using the Service, you affirm that you are at least 18 years of age and are not otherwise barred from receiving and using the newsletter under the laws of the United States or other applicable jurisdiction. You also affirm that you are able and competent to enter into this Agreement, and to abide by and comply with the TCS. In addition, you will not use the content on the website or our name and server to violate any US or international laws, including copyright and spamming. We may amend the TCS at any time, and the updated date will be posted towards the beginning of the document.
2. Responsibility. You alone are responsible for your own investment decisions. Information contained herein does not constitute a personal recommendation or takes into account the particular investment objectives, financial situations, or needs of individual investors. Subscribers and investors should always conduct their own due diligence with any potential investment. You should independently verify all information contained within the Newsletter, and on our website(s), and consider obtaining professional advice before making any investment decision.
3. Risk. All stock investments carry a degree of risk. By investing in any of the stocks of the companies profiled or mentioned in the Newsletter, etc., you can and may lose some or all of your investment. Do not invest in any stock if you are not prepared to lose your entire investment. We are not liable nor do we assume any responsibility for losses incurred as a result of any information provided or not provided or not made available in a timely manner, herein or on our website or through any other medium. In addition, we do not guarantee accuracy and completeness of any information furnished by us. Even following all our suggestions will not assure positive results.
4. Volatility. Biotech sector is highly volatile. Significant monthly volatility should be expected based on market conditions. There is significant risk from one-sector exposure, as would be true for any sector focused portfolio or fund. A concentrated portfolio of 8-holdings will have greater up-and-down volatility then a same sector index or fund with many more securities.
5. Performance. Past performance is no guarantee of future success and you should not assume that the performance of our model portfolio in the future will meet or exceed the model's historical performance. Historical performance figures and analysis provided are hypothetical, unaudited, and prepared by us, based on our proprietary analysis and system performance, back-tested over an extended period of time. No actual trades have taken place. The performance results obtained are intended for illustrative purposes only, and although we believe the results to be accurate, we cannot guarantee it and they have not been independently verified.
6. Non-Advisor. We are not a registered investment advisor and nothing contained in any materials should be construed as a recommendation to buy or sell securities.
7. Member Portfolio Results. Actual performance results achieved by members will differ from results reported for the portfolio for many reasons, including, without limitation:
- model portfolio performance results may not reﬂect trading commissions and variety of exchange fees
- model portfolio performance results do not account for the impact, if any, of certain market factors, such as lack of liquidity to assume or close positions, that may affect results
- model portfolio positions are initiated and closed at the closing prices of previous trading day. Such prices may not be available, and could be better or worse, at the time that trades are placed by members, and
- model portfolio prices are recorded at the beginning of the month while members may join at any time during the month, at which time prices may be different - higher or lower
8. Existing Positions. We may or may not have existing positions in the stocks mentioned in the newsletter, prior to the dissemination of the newsletter.
9. Models. Our models are proprietary and/or licensed. We can change the models at any time without any notification. Historical performance will change anytime a revision occurs.
10. Registration Information. You are responsible for keeping your information updated, particularly the email address. An update can be done by clicking on the Edit Profile button on the Members Home Page.
11. Your Right to Receive an Issue. You're entitled to a monthly issue over the duration of your subscription. There are 12 issues published in a single year. In the event that we are unable to publish the newsletter or terminate its dissemination, you will be entitled to a refund based on the number of unused months remaining on your subscription. This refund is not affected by any limit for money-back guarantee.
12. Your Responsibility to Not Share Subscription. You are purchasing or have purchased a subscription for yourself. You agree not to share this newsletter with other investors who manage portfolios, for themselves, or for other people, or for institutions. Standard industry practice of IP capturing is done upon login. Please avoid sharing this newsletter with non-subscribers, so you can receive the best price and outcomes. In case of an unfortunate event of a violation, we can cancel the subscription at our discretion, with no refund if you are beyond the limit for the money-back guarantee.
13. Renewals. We do not automatically renew. To avoid service interruption, Renewals have to be done by you prior to your subscription expiration. Such renewals can take place at any time and you don't have to wait for the last month. Simply login and then go to either the Sign Up page or click on Renewal button on the Members Page, and choose your subscription.
14. Dispute. In any dispute, and where any of the limitations or disclaimers are ineffective or inapplicable, you agree that our maximum liability will be the amount of money remaining on your unused subscription.
15. Resubscribe to Avoid Payment. You agree Not to re-subscribe multiple times to the same Newsletter and then request multiple refunds, or re-register for multiple subscriptions to the same newsletter under different email addresses in order to avoid paying the subscription price. This is a violation and no refund will be issued for any unused portion.
16. No-risk Subscription Offer. The offer to refund your subscription within a specific period cannot be used again within a 6-months period from the date of the Refund. After your first Sign Up, if you receive a refund, you may NOT Sign Up again and expect the same refund period offer; instead, your Sign Up will no longer have any refund period offer, and you cannot request a refund.
17. Our Right of Cancellation. We have the right to not accept your subscription or discontinue it without offering a reason. We may terminate your access to the Newsletter and the Website at any time at our sole discretion. In such situations, we will provide a pro rata refund for any paid subscription. However, if we terminate your access to the Service because you have violated any provision of the TCS, including without limitation by seeking to register and cancel multiple times in an effort to secure access to a paid subscription without paying applicable subscription fees, you will Not be entitled to receive a refund of any portion of the subscription fee paid by you.
18. Your Right of Cancellation. You may choose to cancel at any point.
If your cancellation request is within the money-back guarantee period, you shall receive full refund of the paid amount.
If the request falls after the money-back guarantee period, you will not be refunded any amount and will lose your membership access. In such a situation, a better alternative for you would be to let the subscription expire at the end of the period and not renew, while retaining your access to the subscription.
19. User Code of Conduct. You agree Not to do any of the following:
- use the Service for any unlawful purpose
- permit anyone else whose account or subscription was terminated or who has not registered or paid for our content to use any portion of our paid newsletter product through your subscription, username or password
- restrict or inhibit any other visitor or member from using our newsletter
- engage in hacking, spamming or defacing any portion of any of our website or newsletter
- “frame” or “mirror” any part of our website(s) without our prior written authorization
- copy any content without our written permission