1. Introduction
These terms and conditions (“Terms”) govern your (“you” or “your” or “subscriber”) subscription and use of the ‘Invest like the Best’ Blog and the newsletter “ValueLetter” provided or made available to you by Oliver Hauschke (collectively “ILTB”, “VL”, “We”, “us” or “our”). They apply to single purchases, time limited subscriptions, and all other editorial digital services offered by Oliver Hauschke.
By subscribing to our Blog, the ValueLetter, and related services (the “Services”), you specifically agree to: (i) these Terms; (ii) receive email and other communications from us; and (iii) receive advertisements and information sent by us.
The information contained in the ValueLetter and the ‘Invest like the Best‘ Blog are general information or for entertainment purposes only and does not constitute investment advice. ILTB does not act as an investment advisor, or advocate the purchase or sale of any security or investment. We do not guarantee the accuracy, currency or completeness of the information in the provided.
Use of information contained in the ValueLetter or in the ‘Invest like the Best’ Blog is at your own risk and we are not responsible for any adverse consequences arising out of such use. The material provided in the ValueLetter has not been prepared by taking into account the particular objectives, situations or needs of any individual users. You assume sole risk and responsibility for anything arising from your use of the ValueLetter or the ‘Invest like the Best’ Blog.
Use of the ValueLetter is for subscribers’ personal use only. Subscriber agrees not to share or copy for any other use. Neither ILTB nor Oliver Hauschke invests, manages, or directs the investment management of subscriber portfolios. Our sole purpose is to provide information to investors who choose to manage and self direct their own investment portfolio.
All information is the opinion of Oliver Hauschke. All information, including reported investments and reported investment trades, are made with his own personal money in his personal account. These investments may or may not be appropriate for newsletter members.
Past results do not guarantee future returns. There is no guarantee that any goal will be achieved. The subscriber agrees to be totally responsible for any action taken and/or investments made and the suitability of any actions taken by the subscriber. While data contained is believed to be from reliable sources, ‘Invest like the Best’ Blog, the ValueLetter or Oliver Hauschke are not liable, nor does they warranty the accuracy, timeliness, or completeness of the information contained.
2. Contractual partner, contact information, conclusion of contract
Contractual partner is Oliver Hauschke, Author of ‘Invest like the Best’ Blog and the ValueLetter.
Contact information:
Oliver Hauschke, Flurstraße 38, 21445 Wulfsen, contact@investlikethebest.net (Contact form)
3. Subscription to the ValueLetter
3.1 Subscription
You may subscribe to the ValueLetter by selecting any of the various subscription options provided by ILTB. The subscription fees and any other charges payable by you in connection with your subscription for the ValueLetter (including any applicable taxes) shall be as per the rates in effect at the time of your subscription (“Subscription Fees”). When you subscribe to the ValueLetter, you must provide us with complete and accurate payment and other information. By submitting your payment details, you confirm that you are entitled to purchase a subscription of the ValueLetter using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription. In suspicious circumstances, we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties. Subscription Fees will be billed at the beginning of your subscription and any renewal of your subscription. As a general matter, all our fees and charges are non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. We may change the Subscription Fees and charges then in effect, or add new fees or charges which will take effect at the end of your subscription period, by giving you notice in advance and an opportunity to cancel.
3.2 Payment Gateway
ILTB uses the services of third party payment service providers to process your payment of the Subscription Fees. Accordingly, your usage of such third-party services shall be in accordance with the terms and conditions of adopted and implemented by such service provider, and ILTB shall not be responsible for any failed or incomplete fulfilment of any payment instructions issued by you through such service provider or any actions taken by ILTB in respect of the same.
3.3 Number of Newsletters
Based on the subscription, ILTB will provide up to 24 issues for a one-year membership, up to 12 issues for a half-year membership. You can also buy single issue memberships which expire after two month.
3.4 Subscription Term
The subscription service will be for the period of the plan you choose from the date of subscription. After that, you will have to renew your subscription by subscribing again and paying the then applicable Subscription Fee.
ILTB or Oliver Hauschke is justified to refuse subscription without giving any reason.
Subscription fees are due in advance for the hole chosen period.
Upon you subscribing to our ValueLetter, your right to subscribe to the ValueLetter is not transferable to any other person.
3.5 Frequency
The ValueLetter will be delivered up to 24 times a year.
3.6 Double opt-in
We require all subscribers to confirm their email address upon registration. You will therefore receive a message with a link you’ll have to click in order to confirm the email address and your will to subscribe.
3.7 Right of Withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons.
The cancellation period is fourteen days from the day the contract is concluded.
In order to exercise your right of withdrawal, you must inform Invest like the Best, Oliver Hauschke, Flurstraße 38, 21445 Wulfsen, contact@investlikethebest.net of your decision by means of a clear statement (e.g. a letter sent by post or an email). to revoke this contract.
If you make use of this option, we will as soon as possible send you confirmation (e.g. by email) of receipt of such a revocation.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
3.8 Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.
If you have requested that the services begin during the cancellation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point at which you inform us of your exercise of the right of cancellation with regard to this contract Comparison with the overall scope of services provided for in the contract.
3.9 Unsubscribe/Canceling
All subscription plans can be cancelled at anytime by the subscriber by providing us with a written notice at contact@investlikethebest.net or by canceling via our website. Your services will still be provided for the original time period ordered. Subscription plans are non-refundable.
ILTB and the ValueLetter reserves the right to offer subscription trial periods. If the subscriber does not cancel within the stated subscriber trial period the subscribers payment will be processed and credit card will be charged. It is the responsibility of the subscriber to cancel within the stated trial period.
4. Reserved Rights
ILTB reserves the right, at its discretion, to suspend or cancel your subscription at any time. Further, ILTB reserves the right to suspend or terminate your subscription if you breach these Terms, with or without notice and without further obligation to you. We may also suspend or terminate your subscription if we are prevented from providing the ValueLetter or Services to you by circumstances beyond our control. ILTB may give you at least [●] days’ notice of such termination, if possible. If we do so, then we will have no further obligation to you, except for a refund of the unexpired period of your paid subscription. This means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.
5. Intellectual Property Rights
5.1 Unauthorized use of the IP of ILTB or the ValueLetter is strictly prohibited and all rights are reserved by ILTB.
5.2 The ValueLetter may include trademarks, service marks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by third parties (“Third IP”). You shall not use the Third Party IP without the prior written consent of such third parties.
5.3 The information contained in the ValueLetter may be supplied to us freely from the public domain or with consent from third parties. You shall not: (i) copy, reproduce, modify or transmit the Content of ILTB or the ValueLetter without the prior written consent of the concerned party; and (ii) sell or exploit, including for any commercial purposes, any portion of the ValueLetter.
5.4 Nothing contained in the ValueLetter should be construed as granting, by implication or otherwise, any right, license or title to any of our IP and/or Third Party IP.
5.5 ILTB does not represent that it has an ownership interest in, or a license to use, any
Third Party IP which is contained in the ValueLetter. Except for ILTB’s IP, ILTB does not claim ownership in the Content or the Third Party IP.
6. No Representations or Warranties
6.1 ILTB does not provide any representations, warranties, undertakings, assurances and guarantees of any nature whatsoever relating to the ValueLetter and the Services.
6.2 The ValueLetter, including without limitation all Content delivered as part of the ValueLetter, is
provided “as is”, “as available” and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, non-interference with data, availability, accuracy, or that the ValueLetter or the Services are error free and any warranties implied by any course of performance or usage of
trade, all of which are expressly disclaimed. ILTB does not warrant that: (i) any defects or errors in
the ValueLetter will be corrected; or (ii) the results of using the ValueLetter will meet your
requirements.
6.3 You agree and confirm that the use of the ValueLetter is solely at your own risk. The ValueLetter contains information provided by one or more third party data providers. ILTB does not control and is not responsible for the information provided by any such third-party provider. You acknowledge and agree that neither ILTB nor any such third-party provider has any obligation to correct the information. In no event does ILTB warrant or guarantee the correctness, comprehensiveness, completeness, accuracy, quality and integrity of the Content of the ValueLetter.
7. Privacy
7.1 By subscribing to our ValueLetter service, you agree that personal information, including your name, email address and any other details you provide with your subscription, will be collected and stored by us and used for the process of managing your subscription. When subscribing to our ValueLetter, your e-mail address will be added to our newsletter mailing list automatically. The only purpose of this mailing list is to provide you with information regarding our ValueLetter, blog posts, or any other service of ILTB.
7.2 You specifically grant your consent to provide us with your personal information and sensitive data or information for the purposes mentioned in these terms.
7.3 We will not sell or pass on your subscription details and personal information to a third party unless required to do so by law.
7.4 We will take all reasonable steps to ensure that your personal information is handled and protected appropriately in accordance with our privacy policies and applicable law. In this regard, you can contact us by emailing us at contact@investlikethebest.net. For further information read our privacy policy.
8. Indemnity
8.1 You shall defend, indemnify, and hold harmless ILTB, its affiliates, subsidiaries, related companies, licensors and partners, and each of their personal and representatives from all losses, damages, liabilities, claims, costs and expenses, including reasonable attorneys’ fees, that arise from or relate to your (or any third party using your account or identity) use or misuse of, or access to, the ValueLetter or the Services, or your violation of these Terms or of any law, or infringement of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
9. Limitation of Liability
9.1 In no event shall ILTB, or any third party provider of any content or of any information delivered as part of the ValueLetter, be liable to you and/or any party for any damages and liabilities of any kind, including but not limited to direct, indirect, special, exemplary, incidental, compensatory, punitive, consequential or similar damages arising out of or related to the ValueLetter, its Content, our Services, including without limitation, lost profits, loss of use, business interruption, loss of data or other economic losses, whether in an action of contract, negligence or other tortious action, even if it is advised of the possibility of such damages.
9.2 You hereby waive any and all claims against ILTB arising out of your subscription or use of the ValueLetter or Services, or any conduct of ILTB, its personal or representatives. Your sole and exclusive right and remedy in case of dissatisfaction with the ValueLetter or our services or any other grievance shall be your termination and discontinuation of access to or use of the ValueLetter or our services.
9.3 You agree that ILTB is not responsible for any data or Content compiled by it and that ILTB shall not be liable, in any manner, as a result of your exposure to any defamatory, libelous, threatening, unlawfully harassing, obscene or otherwise unlawful content or data. We shall not be responsible or liable for the accuracy, copyright compliance, or legality of the material or content contained in or accessed through the ValueLetter.
9.4 In no event shall the aggregate liability of ILTB to you exceed the Subscription Fee paid by you to ILTB.
9.5. We reserve the sole right to either modify or discontinue ILTB or the ValueLetter, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these terms of use. We reserve the sole right to unsubscribe users/ visitors from our ValueLetter service. We will do so with any subscriber we deem registered with fake data.
10. Governing Law and Jurisdiction
10.1 These Terms will be governed by the laws of Germany. If the customer is a consumer, this only applies to the extent that it does not restrict any mandatory legal provisions of the country in which he has his domicile or habitual abode. International private law and UN Convention on Contracts for the International Sale of Goods is excluded. Further, the courts of Germany shall have exclusive jurisdiction for all matters arising out of or in connection with these Terms and you agree to irrevocably submit to the exclusive jurisdiction of such courts.
11. Dispute Resolution in accordance with Art. 14 Abd. 1 ODR-VO and § 36 VSBG
11.1 The European Commission provides a platform for out-of-court online dispute resolution (so-called OS platform) at https://ec.europa.eu/consumers/odr/.
11.2 The publisher is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
12. Amendments
12.1 ILTB reserves the right, at any time and from time to time, to amend, modify, revise, update, suspend and/or otherwise change these Terms without prior notice to you, provided that if any such alterations constitute a material change to these Terms, ILTB will notify you of such amendments by way of email and other electronic communications.
13. Miscellaneous Provisions
13.1 ILTB shall not lose any rights hereunder or be liable to you for damages, losses or liabilities of whatsoever nature on account of failure of performance by ILTB, if the failure is occasioned by reason of a force majeure event or any other cause beyond its control.
13.2 If any provision of these Terms is held to be invalid, illegal or unenforceable, such provision will be struck from these Terms and the remaining provisions of these Terms shall remain in full force and effect.
13.3 No failure on the part of ILTB to exercise or delay in exercising any right hereunder will be deemed a waiver thereof, nor will any single or partial exercise preclude any further or other exercise of such or any other right.
13.4 These Terms constitutes the entire agreement between you and ILTB relating to the subject matter hereof.
13.5 Any notices required to be provided to you under these Terms may be made via email or such other mode as may be determined by ILTB.
