Terms & Conditions

These terms and conditions (the “Terms”) are a binding agreement between the individual or entity that purchases access to the Site and the Newsletter (each as defined below) and whose details are provided as part of the purchasing process (“you”, “your”) and Patrick Morgan Inc. (“we”, “us”, “our”). These Terms govern your access to and use of the portal located at https://www.p-morgan.com/account (the “Site”) and the editions of our “Quarterly Signals” newsletter published on the Site (the “Newsletter”). Section titles are for information only and shall not affect the interpretation of these Terms.

1. Services.

  1. In consideration for payment of the fees in accordance with Section 3 below, we shall (depending on the option you choose as part of the purchasing process) provide you with access via the Site to either:
    1. the latest edition of the Newsletter (a “Report”); or
    2. all previous editions of the Newsletter published on the Site as at the initial date of purchase, plus each edition of the Newsletter published on the Site during the quarterly or annual subscription term (“Subscription”).
  2. We shall publish the Newsletter on the Site approximately quarterly, typically at the end of the relevant quarter or the beginning of the following quarter.

2. Usage.

  1. You agree to use the Site and any edition of the Newsletter only for lawful purposes and in accordance with these Terms.
  2. Your username and password to the Site must be treated as confidential, and you must not disclose it to any other person or entity. Your account is personal to you and you agree not to provide any other person with access to the Site or portions of it using your username and password. You shall notify us immediately of any unauthorised access to or use of your username or password or any other breach of security. You are responsible for any password misuse or unauthorised access.
  3. You shall not:
    1. remove or modify any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site, any edition of the Newsletter; or
    2. circumvent or violate the security of the Site, including, without limitation by: (i) using any robot, spider, or other automatic device, process, or means to access or use the Site or any edition of the Newsletter for any purpose, including monitoring or copying any of the Newsletter; (ii) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (iii) attacking the Site via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; or (iv) otherwise attempting to interfere with the proper working of the Site.

3. Payment.

  1. You shall pay the fees at the rates stipulated during the purchasing process at the time you purchase either a Report or a Subscription.
  2. When you purchase a Report or a Subscription, you must provide us with complete and accurate payment information. By providing payment information, you confirm that you are entitled to use such payment information for this purpose. If we do not receive payment authorisation, or such authorisation is cancelled, we may terminate or suspend your access to the Site and the Newsletter immediately.
  3. By purchasing a Subscription, you authorise us to take payment quarterly or annually on an ongoing basis via Stripe or such other third-party payment processor as we may decide from time to time (“Payment Processor”) of the Subscription fee as set out as part of the purchasing process or amended from time to time under Section 3(e).
  4. You shall use and comply with the terms and conditions of the Payment Processor specified during the purchasing process.
  5. We may amend the Subscription fees at any time upon at least 30 days’ written notice to you at the email address provided on registration. If the Subscription fees are subject to a discount for a specific Subscription period, the increase from such discounted amount to the full amount specified during the purchasing process for any subsequent Subscription period shall not require further notification.

4. Disclaimers.

  1. The Site and each edition of the Newsletter are provided “as is” without warranties of any kind, express or implied. We do not warrant that the Site shall be uninterrupted or error-free.
  2. The Site and each edition of the Newsletter is for informational purposes only and may not be relied upon. The Site and the Newsletter does not constitute recommendations or advice.
  3. The Site and each edition of the Newsletter incorporate data generated by us, in addition to data sourced from third party websites. Whilst we use reasonable endeavours to check the data we use, we do not warrant that any data provided is accurate or complete.

5. Intellectual Property and Ownership Rights.

  1. As between you and us, all right, title and interest in and to the Site and any edition of the Newsletter, including all intellectual property rights, are our property and owned by us, and are protected by intellectual property laws.
  2. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, download, copy all or part of, create derivative works of, publicly display, republish, or transmit any of the Site and any edition or part of the Newsletter in any form or medium whatsoever, provided that your computer and browser may temporarily store or cache copies of the Site and the Newsletter being accessed and viewed.

6. Data Protection.

Our use of your personal data is governed by our Privacy Policy.

7. Term, Suspension and Termination.

  1. Your Subscription will continue on a rolling basis (quarterly or annually as stipulated during the purchasing process) until terminated.
  2. You may terminate these Terms at any time by cancelling your Subscription via your account on the Site.
  3. If you terminate these Terms in accordance with Section 7(a), you will continue to have access to all Newsletter editions covered by any pre-paid fees, including access to any edition published during the remainder of the pre-paid Subscription period, following which your access will be revoked. We do not provide refunds in the event you terminate these Terms prior to the end of your pre-paid Subscription period.
  4. We may suspend or terminate these Terms, and/or your access to all or part of the Site and the Newsletter, without notice for any or no reason, including, without limitation, any violation of these Terms.
  5. If your use of the Site or access to any Report or Subscription is terminated by us, except for your violation of these Terms, you shall be entitled to receive a refund of any pre-payments which remain unused at the time of termination. If you are entitled to a refund, we shall initially attempt to make refunds via the payment method used for the original purchase. If we are unable to do so, we shall contact you via the email address provided at registration to arrange for an alternative payment method.

8. Liability.

  1. We shall not be held responsible for circumstances beyond our control.
  2. WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF THE SITE OR THE NEWSLETTER.
  3. IN NO EVENT SHALL OUR LIABILITY TO YOU (AND/OR ANY THIRD PARTY) CONNECTED WITH THE SITE, THE NEWSLETTER OR THESE TERMS EXCEED THE AMOUNT PAID BY YOU TO US FOR ACCESS TO THE SITE AND THE NEWSLETTER TO WHICH THE CLAIM RELATES.

9. Modifications.

  1. We may modify, suspend or discontinue the Site and/or the Newsletter at any time without notice. We shall not be liable for any such modifications or discontinuations, save that we shall refund you any pre-paid amounts for services not received in accordance with section 7(d).
  2. We may revise and update these Terms from time to time by posting on the Site. We may also notify material changes to you by email using the email address used to register. Such revisions and updates are effectively immediately upon posting on the Site, and shall be considered accepted by your continued use of the Site and/or the Newsletter.

10. General.

  1. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred.
  2. No delay or omission on the part of either party in requiring performance by the other party of its obligations shall operate as a waiver of any right under these Terms.
  3. Notices to us must be given in writing to enquiries@p-morgan.com.
  4. If any provision of these Terms is invalid or unenforceable, this shall not render any other provision of these Terms invalid or unenforceable.
  5. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms or during the purchasing process at the time of purchase shall not apply.
  6. These Terms and all claims (including non-contractual disputes and claims) arising out of or relating to these Terms are governed by and construed in accordance with the laws of the State of Delaware without regard to conflict of laws. The parties irrevocably consent to the exclusive jurisdiction of the courts of the State of Delaware and the Federal courts of the United States of America located in the State of Delaware.

If you have any questions regarding these Terms, the Site or the Newsletter, please contact us at enquiries@p-morgan.com.