Welcome to www.proactive.inc (the “Site”).
The Site is operated by Proactive Investors Limited, company number 05639690 whose registered office is at Unit 6, The Business Centre Wool House, 74 Back Church Lane, London E1 1AF, United Kingdom (the “Company, “we” or “us”). You are provided with access to this Site on the following terms and conditions (the “Terms of Use”).
Please read these Terms of Use carefully before using this Site. By using this Site in any capacity, you agree that you have understood these Terms of Use. If you do not agree to these Terms of Use, you should not use this Site.
We reserve the right at any time to modify or update these Terms of Use, including without limitation, eliminating, discontinuing or charging fees for any content or feature of the Site, any such changes shall become effective as soon as they are posted on this Site.
By continuing to use the Site, you agree to be bound by such modifications, revisions or updates. You should regularly recheck these Terms of Use to update yourself of any such modifications, revisions and updates.
The Company further reserves the right to limit the availability of the Site to any person, geographic area or jurisdiction we so desire and/or to terminate any user’s access to and use of the Site, at any time and in our sole discretion.
Disclaimer
Proactive Investors Limited is regulated and authorised by the Financial Conduct Authority (“FCA”) under firm registration number 559082. Any financial promotions communicated in this Site have not been approved by the Company or any other FCA authorised person. All financial promotions made by us are made on the basis of the ‘journalist exemption’ provided for in Article 20 of The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 and having regard to the FCA Rules, and in particular PERG 8.12 (the Journalist Exemption).
All information used in the preparation of communications on the Site have been compiled from publicly available sources that we believe to be reliable, however, we cannot, and do not, guarantee the accuracy or completeness of such communications.
In addition to generating its own content, the Company publishes various reports, articles and communications on the Site that are prepared by third party customers discussing various financial products and investments. Such reports, articles and communications have not been approved by the Company or any other authorised person and, to the extent such communications constitute financial promotions, the Company relies upon the application of the Journalist Exemption. The Company derives commissions or fees from such third parties when customers invest in the financial products promoted by such reports, articles and communications.
The information and opinions expressed on this Site were produced by us as at the date of writing and are subject to change without notice. Communications contained within this Site is intended for information purposes only and do not constitute an offer, recommendation, solicitation, inducement or an invitation by, or on behalf of, us to make any investments whatsoever. Opinions of and commentary by the authors reflect their current views, but not necessarily of other affiliates of the Company (including, but not limited to those who participate in the One2One Forums) or any other third party. For the avoidance of doubt, the Company is not liable for any views or opinions expressed by or any information provided by third parties on the Site.
Services and/or products mentioned on this Site may not be suitable for all recipients and may not be available in all countries.
The communications on this Site have been prepared without taking account of the objectives, financial situation or needs of any particular investor. Before entering into any transaction, investors should consider the suitability of the transaction to their individual circumstance and objectives. Any investment or other decision should only be made by an investor after a thorough reading of the relevant product term sheet, subscription agreement, information memorandum, prospectus or other offering document relating to the issue of securities or other financial instruments. The Content (defined below) should not be relied upon in respect of any making any decisions in respect of entering into (or refraining from entering into) such financial products or services and independent financial advice should always be sought prior to making any such decisions. Any arrangement made between you and any third party is at your sole risk and responsibility.
The Site and communications contained therein may contain information obtained from third parties, including ratings from rating agencies such as Standard & Poor’s, Moody’s, Fitch and other similar rating agencies. Reproduction and distribution of third-party content in any form is prohibited except with the prior written consent of the related third-party. Credit ratings are statements of opinion and are not statements of fact or recommendations to purchase, hold or sell securities. Such credit ratings do not address the market value of securities or the suitability of securities for investment purposes, and should not be relied upon as investment advice.
Notwithstanding the foregoing, where any communication contained in the Site constitutes a financial promotion issued in the UK that is not exempt under the Financial Services and Markets Act 2000 or the Orders made thereunder or the rules of the FCA, it is issued or approved for distribution in the UK by the Company.
Risk Warning
Past performance is not a reliable indicator of future results. Performance forecasts are not a reliable indicator of future performance. The investor may not get back the amount invested or may be required to pay more. It may be difficult for you to sell or value certain investments or to obtain reliable information about their value or the extent of the risks to which they are exposed. Although carefully verified, data computations are not guaranteed by us or our data providers or affiliates and may not be complete. The value of investments may rise or fall due to the volatility of world markets, interest rates and capital values or, for investments held in overseas markets, changes in the rate of exchange in the currency in which the investments are denominated.
Nothing in this communication constitutes investment, legal accounting or tax advice, or a representation that any investment or strategy is suitable or appropriate for individual circumstances or otherwise constitutes a personal recommendation for any specific investor. The Company recommends that investors independently assess with an appropriately qualified professional adviser, the specific financial risks as well as legal, regulatory, credit, tax and accounting consequences.
Although the information and date in this communication are obtained from sources believed to be reliable, no representation is made that such information is accurate or complete. The Company, its affiliates and subsidiaries do not accept liability for loss arising from the use of this communication. This communication is not directed to any person in any jurisdiction where, by reason of that person’s nationality, residence or otherwise, such communications are prohibited.
Any arrangement made between you and any third party is at your sole risk and responsibility.
Use of the Site
You may use the Site and the Content, including, but not limited to, any news, quotes, data, text, reports, ratings, opinions, images, photos, graphics, graphs, charts, animations and video (collectively, “Content”) herein solely for your, non-commercial, informational use only and not for any trading purposes.
Except as may be expressly permitted herein, you may not reproduce, transmit, disseminate, sell, sublicense, broadcast, circulate, republish, duplicate, modify, adapt, upload, post, redeliver using “framing” technology or otherwise, download, copy, translate, reverse engineer, decompile or disassemble any portion of the Site; use data mining, robots or similar data gathering and extraction tools with respect to the Site; otherwise distribute or commercially exploit in any way any portion of the Site; restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site; express or imply that any statements you make are endorsed by the Company or the Site; or harvest or collect information about visitors to the Site without their express consent and, in each instance, without our prior express written consent.
You will comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding the use of the Site and/or the Content and will not use the Site or the Content for any unlawful purpose. Without limiting any of the Company’s other rights or remedies, any unauthorized use of this Site or any Content terminates the permission granted by the Company for your use of the Site.
Conflicts of Interest
Your attention is drawn to the fact that in respect of the Content, we, a connected company or some other person connected with us may have an interest, relationship or arrangement that is material in relation to the investment or transaction concerned or could give rise to a conflict of interest and you agree that we shall not be required to disclose it to you. We are subject to regulatory obligations in connection with conflicts of interest. Our employees are required to comply with a policy of independence and disregard any such interest, relationship or arrangement when providing introductory services.
Registration
In order to gain access to certain Content, you may be required to become a registered user of the Site by choosing a unique user name and password, and supplying us with true, accurate, current and complete information about yourself, as required on the registration page. Any information you provide will be retained and used by us strictly in accordance with our Privacy Policy.
You are responsible for maintaining the confidentiality of your user name and password, including, without limitation: (i) transferring or reselling your user name or password to any third party; (ii) being responsible for all activities that occur under your user name or password; and (iii) notifying us at action@proactiveinvestors.com if you become aware of any possible unauthorized use(s) of your user name or password or any possible breach of security, including loss, theft, or unauthorized disclosure of your user name or password.
Proprietary Rights
The Site and the Content are the property of the Company or its licensors and are protected by copyright, trademarks, service marks, patents or other applicable laws.
Furthermore, the collection, arrangement and assembly of the Content on the Site are the exclusive property of the Company and are likewise protected by applicable laws.
The Proactiveinvestors Logo and Proactiveinvestors.com are trademarks of Proactive Investors North America Inc. All other trademarks, service marks and logos used on our websites are the trademarks, service marks or logos of their respective owners.
You may not use, copy, modify or display any of these marks, including without limitation, using any meta tags or any other “hidden text” that utilize these marks, without the prior written consent of the Company or the respective owner in each instance.
Licence to use Embedded Content
We grant you a non-exclusive, royalty free, non-transferable, non-sub licensable, revocable licence to embed the Content into your website (via an RSS feed or otherwise and including the use of the Proactiveinvestors Logo on such embedded Content) subject to the following conditions: (i) you must attribute the feed to Proactive Investors Limited; (ii) you must attribute the Content which appears in the feed to Proactive Investors Limited or the relevant publisher of the Content as named by Proactive Investors Limited on our website; (iii) you must attribute the Proactiveinvestors Logo to Proactive Investors North America Inc; (iv) you must not change the format of the Content or the Proactiveinvestors Logo; and (v) you must not commercially exploit the feed or any of the Content.
We reserve the right to block access to the feed and/or Content if you not adhere to the above conditions.
Third Party Sites or Materials
You may, through hypertext or other computer links, gain access from the Site to websites operated by persons other than the Company. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such websites’ owners. You agree that the Company is not responsible for the content or operation of such websites, and that the Company shall have no liability to you or any other person or entity for the use of, or inability to use, any third party websites. A hyperlink from this Site to another website does not imply or mean that the Company endorses or approves the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may use or rely upon any content at any other websites to which you link from this Site.
The Company assumes no responsibility for the use of, or inability to use, any third party software or other materials on the Site and shall have no liability whatsoever to any person or entity for their use of, or inability to use, any such third party software or materials.
Operation of the Site
We will use reasonable commercial efforts to keep this Site available for access on a 24-hour a day basis, subject to scheduled and unscheduled downtime. There are no assurances that access will be available at all times and uninterrupted. Furthermore, the Company does not warrant that the operation of this Site will be error-free, that defects will be corrected, or that this Site or the servers that make it available are free from viruses or other harmful components.
You are solely responsible for obtaining telecommunications access to the Site and for any fees (such as internet service provider or airtime charges) relating to such access. Similarly, you are solely responsible for all equipment necessary for you to access this Site.
Disclaimer of Warranties
The content and the site are provided “as is,” without any express or implied warranties of any kind. The company and its affiliates, agents, and licensors cannot and do not warrant the accuracy, completeness, timeliness, non-infringement, title, merchantability or fitness for a particular purpose of the content or the site, and the company hereby disclaims any and all such express or implied warranties.
Limitation of Liability
Neither the Company nor any of its affiliates, agents, or licensors will be liable to you or anyone else for any inaccuracy, delay, interruption in service, error or omission, regardless of cause or for any damages as a result. In no event will the Company, its affiliates, agents or licensors be liable to you or anyone else for any decision made or action taken by you in reliance on the Content or the Site.
The Company and its affiliates, agents, and licensors shall not be liable to you or anyone else for any damages, including, without limitation, any direct, indirect, incidental, consequential, special, punitive, exemplary or similar damages, regardless of the theory of liability and even if advised of the possibility of such damages. Neither the Company nor any of its affiliates, agents or licensors will be liable to you or anyone else for any loss or injury resulting from use of the Content or the Site, in whole or part, whether caused by negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering the Site and any Content or otherwise.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or affiliates and for fraud or fraudulent misrepresentation.
Indemnification
You agree to indemnify, defend and hold the Company, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (i) your violation of these Terms of Use; (ii) your use of the Site or the Content; or (iii) any User Generated Content submitted using your user name or password.
If you are unsure of any term or condition used in the above please feel free to contact us using the Contact Us page.
Governing Law
These Terms of Use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
Morningstar data
The equity and regulatory news data information contained on the site: (1) is provided by Morningstar; (2) may not be copied or distributed (save (i) as incidentally necessary in the course of viewing it on-line (ii) in the course of printing off single copies of web pages on which it appears for the use of those authorised to view it on-line), or adapted in any way (3) is not warranted to be accurate, complete or timely. This Morningstar-sourced information is provided to you by proactiveinvestors and is at your own risk. You agree that Morningstar and or proactiveinvestors are not responsible for any damages or losses arising from any use of this information and that the information must not be relied upon by you the user without appropriate verification. proactiveinvestors informs you as follows: (i) The information provided should not form the sole basis of any investment decision (ii) no investment decision should be made in relation to any of the information provided other than on the advice of a professional financial advisor; (iii) past performance is no guarantee of future results; and (iv) the value and income derived from investments can go down as well as up.
Updated: November 2018
