These Terms of Use (“Terms”) represent a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and Shang Chou (the “Author,” “we,” “us,” or “our”), operator of this personal investment website and related content (collectively, the “Site” or “Website”). The Site is a personal blog and educational platform affiliated with Dishmi Capital, LLC (the “Firm”), an SEC-registered investment adviser. These Terms govern your access to and use of the Site. By accessing and using the Site, you agree that you have read and accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not access or use the Site. The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to access or use the Site.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you of any changes by updating the “Last Updated” date of these Terms. It is your responsibility to periodically review these Terms to stay informed of updates. Your continued access or use of the Site after the date such revised Terms are posted constitutes acceptance of the changes.
The Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Those who choose to access the Site from locations outside of the United States do so on their own initiative and are solely responsible for compliance with applicable local laws.
By using the Site, you represent and warrant that: (1) you have the legal capacity to enter into these Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) if you are accessing the Site on behalf of an entity, you have the authority to legally bind such entity; and (4) your use of the Site will not violate any applicable law or regulation.
NO INDIVIDUALIZED INVESTMENT ADVICE; NOT A SOLICITATION OR OFFER TO SELL OR BUY SECURITIES
THIS SITE DOES NOT CONTAIN INVESTMENT ADVICE THAT IS INDIVIDUALIZED FOR THE NEEDS, GOALS, OR OBJECTIVES OF ANY PERSON; DOES NOT CLAIM ANY INVESTMENT OR INVESTMENT STRATEGY WILL PROVE PROFITABLE; AND DOES NOT OFFER OR SOLICIT THE PURCHASE OR SALE OF ANY SECURITY.
The Site is published by the Author and is provided for informational and educational purposes only. The information and opinions expressed on the Site constitute the Author’s personal views and general commentary. None of the content constitutes a recommendation that any particular security, portfolio of securities, transaction, or investment strategy is suitable for any specific person.
Dishmi Capital, LLC is a registered investment adviser with the U.S. Securities and Exchange Commission (SEC). Advisory services are only offered to clients or prospective clients where the Firm and its representatives are properly licensed or exempt from licensure. The Author will not render personalized investment advice unless a separate client services agreement is in place with the Firm. You understand that the Author and the Firm are not advising you personally concerning the nature, potential, value, or suitability of any particular security, portfolio of securities, transaction, investment strategy, or other matter. To the extent any information on the Site may be deemed investment-related commentary, it is impersonal and not tailored to the investment needs of any specific person.
Because this Site does not consider your specific financial situation, objectives, risk tolerance, or other personal circumstances, it does not address individual legal, tax, accounting, or other significant issues. Please consult your own legal, tax, and financial professionals before making any investment decisions. Investing involves risk, including the potential loss of principal. Past performance is no guarantee of future results. Securities prices fluctuate and may lose value.
From time to time, the Author or the Firm (or its affiliates, principals, or employees) may hold positions or other interests in securities mentioned on the Site and may trade for their own account(s) based on the information presented. The Author or the Firm may take positions inconsistent with the views expressed on the Site. Any such conflicts of interest are disclosed to the extent required by applicable law and regulations.
INTELLECTUAL PROPERTY
Unless otherwise indicated, all content made available by the Author through the Site (the “Content”) is the property of the Author or the Firm or is licensed to them and is protected by trademark, copyright, and other intellectual property and unfair competition laws. “Content” includes without limitation text, graphics, images, animations, videos, data, designs, logos, button icons, stories, tools, calculators, and their arrangement and assembly.
Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable license to access, view, display, download, and print the Site and Content solely for your own personal, non-commercial use. We reserve all rights not expressly granted.
RESTRICTIONS ON USE
You agree to comply with all applicable laws, rules, and regulations. You specifically agree not to:
- Use the Site for any unlawful purpose.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble the Site or any portion thereof.
- Reproduce, duplicate, copy, or otherwise exploit the Site for any commercial purpose.
- Harvest or collect information about Site visitors without their express consent.
- Restrict or inhibit any other visitor from using the Site, including by hacking, cracking, or defacing the Site.
- Remove any copyright, trademark, or other proprietary rights notices contained in the Site.
- Frame or mirror any part of the Site without the Author’s prior written authorization.
- Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, data mine, or circumvent the navigational structure or presentation of the Site.
- Use the Site in any way that causes or may cause damage to or impairment of the availability or accessibility of the Site.
USER FEEDBACK
If you provide the Author with any feedback, suggestions, ideas, or identification of problems or deficiencies (collectively, “Feedback”), you grant the Author and the Firm a worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable license to use such Feedback in any manner, including to improve the Site or develop new products or services.
THIRD-PARTY PRODUCTS AND SERVICES
The Site may contain links to third-party websites or reference products, services, or information by trade name, trademark, or otherwise. Such links and references are provided for convenience only and do not constitute endorsement, sponsorship, or recommendation by the Author or the Firm. The Author and the Firm have not reviewed all linked sites and are not responsible for their content or any products or services offered there. Your use of third-party sites is at your own risk and governed by their terms.
The Site may reference or link to brokerage companies for convenience only. The Author and the Firm do not endorse or recommend any brokerage. The brokerage you select is solely responsible for its services.
DISCLAIMER
THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF ACCURACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE AUTHOR AND THE FIRM DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT AND MAKE NO REPRESENTATION THAT THE SITE WILL BE UNINTERRUPTED, SECURE, FREE OF VIRUSES, OR ERROR-FREE.
THIS SITE DOES NOT CONSTITUTE FINANCIAL, INVESTMENT, TAX, LEGAL, OR ANY OTHER PROFESSIONAL ADVICE. IF YOU REQUIRE ADVICE ON ANY MATTER, CONSULT AN APPROPRIATE QUALIFIED PROFESSIONAL AND CONSIDER WHETHER TO ENGAGE THE FIRM UNDER A FORMAL ADVISORY AGREEMENT. YOU AGREE THAT NEITHER THE AUTHOR NOR THE FIRM SHALL BE RESPONSIBLE FOR ANY LOSS YOU SUFFER AS A RESULT OF ANY INVESTMENT DECISION OR TRANSACTION BASED IN ANY WAY ON INFORMATION FROM THE SITE. THE AUTHOR AND THE FIRM ARE NOT YOUR FINANCIAL ADVISORS UNLESS YOU HAVE ENTERED INTO A SEPARATE CLIENT AGREEMENT.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE AUTHOR, THE FIRM, NOR THEIR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF (OR INABILITY TO USE) THE SITE OR ANY CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL LIABILITY OF THE AUTHOR OR THE FIRM EXCEED THE AMOUNT PAID BY YOU (IF ANY) TO ACCESS THE SITE IN THE TWELVE MONTHS PRECEDING THE CLAIM, BUT IN NO CASE MORE THAN $1,000.
Certain state laws do not allow the exclusion or limitation of implied warranties or certain damages. If these laws apply to you, some or all of the above limitations may not apply, and you may have additional rights.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Author, the Firm, and their affiliates, officers, directors, employees, and agents from any third-party claims, liabilities, damages, and costs (including reasonable attorneys’ fees) arising from (i) your use of the Site, (ii) your violation of these Terms, or (iii) your infringement of any intellectual property or other rights of any person in connection with the Site.
MODIFICATION AND INTERRUPTIONS
We reserve the right to modify, suspend, or discontinue the Site at any time without notice. We are not liable for any loss, damage, or inconvenience caused by any downtime or modification.
TERM AND TERMINATION
These Terms remain in effect while you use the Site. Provisions that by their nature should survive (including Disclaimer, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution) will survive termination. We may terminate your access to the Site at any time, with or without notice, if we determine in our sole discretion that you have violated these Terms.
GOVERNING LAW
These Terms are governed by the laws of the State of California without regard to conflict of law principles. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms or the Site shall be in the state or federal courts located in Los Angeles County, California.
DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to these Terms or the Site (“Dispute”) shall first be addressed through good-faith written notice and a 30-day negotiation period. If unresolved, the Dispute shall be resolved by binding arbitration on an individual basis in Los Angeles, California, before three arbitrators in English under the substantive law of California. You waive any right to a jury trial or to participate in a class action. Arbitration is subject to the Federal Arbitration Act.
ELECTRONIC COMMUNICATIONS
By visiting the Site or sending us emails, you consent to receive electronic communications. All agreements, notices, and disclosures provided electronically satisfy any legal requirement that they be in writing. You agree to the use of electronic signatures and records.
MISCELLANEOUS
These Terms constitute the entire agreement between you and us. Our failure to enforce any right does not waive it. If any provision is held invalid, the remainder remains in effect. There is no joint venture, partnership, or agency relationship created by these Terms. These Terms were not drafted against us.
CONTACT US
If you have any questions about these Terms, please contact us by email at info@taxalphashang.com or by mail at 251 South Lake Ave, Suite 800, Pasadena, CA 91101.
For additional disclosure information, please refer to the Firm’s Form ADV (available via the SEC’s IAPD system) or visit our website.