Terms of Use

Effective Date: May 12, 2025

Welcome to the Day Hagan Asset Management website, https://dayhagan.com/ (the “Website”), operated by Day Hagan Asset Management (“Day Hagan,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access to and use of the Website, including all content, features, and services offered through it. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree, please do not use the Website.

1. Use of the Website

1.1 Eligibility

You must be at least 18 years old to use the Website. By using the Website, you represent that you meet this age requirement and have the legal capacity to agree to these Terms.

1.2 Permitted Use

The Website is provided for informational purposes only. You may use the Website to learn about Day Hagan’s services, access market insights, submit inquiries via forms, or engage with other features we offer. You agree to use the Website only for lawful purposes and in accordance with these Terms.

1.3 Prohibited Conduct

You agree not to:

  • Use the Website in any way that violates applicable federal, state, or local laws, including securities regulations.

  • Attempt to gain unauthorized access to the Website, its servers, or any connected systems.

  • Use automated tools (e.g., bots, scrapers) to access, copy, or monitor the Website without our prior written consent.

  • Reproduce, distribute, modify, or create derivative works from the Website’s content without permission.

  • Interfere with the Website’s operation, including by introducing viruses or other harmful code.

  • Use the Website to send unsolicited communications (e.g., spam).

2. No Investment Advice

The content on the Website, including market insights, blog posts, and other materials, is provided for general informational purposes only and does not constitute personalized investment, financial, or professional advice. You should consult a qualified financial adviser before making investment decisions. Past performance is not indicative of future results, and investments involve risks, including the possible loss of principal. Day Hagan is not responsible for any actions taken based on information provided on the Website.

3. Intellectual Property

All content on the Website, including text, graphics, logos, images, and software, is the property of Day Hagan or its licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works from any content without our prior written permission, except for personal, non-commercial use as permitted by law.

4. User Submissions

4.1 Forms and Data

The Website may include forms (e.g., contact or subscription forms) that collect personal information such as your name, email, or phone number. By submitting information through these forms, you agree that we may use it in accordance with our Online Privacy Policy. You represent that any information you provide is accurate and complete.

4.2 Feedback

If you provide feedback, suggestions, or ideas about the Website (“Feedback”), you grant Day Hagan a non-exclusive, royalty-free, worldwide, perpetual license to use, modify, and incorporate such Feedback without compensation to you.

5. Third-Party Links and Services

The Website may contain links to third-party websites or services (e.g., partners, social media platforms) that we do not operate or control. We are not responsible for the content, privacy policies, or practices of these third-party sites. You access them at your own risk and should review their terms and policies.

The Website uses third-party services such as Squarespace (hosting), Google Analytics, and HubSpot (analytics and forms). These services may collect data as described in our Online Privacy Policy and Cookies Policy.

6. Disclaimers

The Website is provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to warranties of accuracy, completeness, reliability, or fitness for a particular purpose. Day Hagan does not guarantee that the Website will be uninterrupted, error-free, or free of viruses or other harmful components.

To the fullest extent permitted by law, Day Hagan disclaims any responsibility for:

  • Errors, inaccuracies, or omissions in the Website’s content.

  • Losses or damages arising from your use of the Website or reliance on its content.

  • Technical issues, including Website downtime or data loss.

7. Limitation of Liability

To the fullest extent permitted by law, Day Hagan, its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or use, arising from or related to your use of the Website, even if advised of the possibility of such damages. In no event will Day Hagan’s total liability exceed $100.

8. Indemnification

You agree to indemnify, defend, and hold harmless Day Hagan and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from your use of the Website, violation of these Terms, or infringement of any third-party rights.

9. Termination

We may suspend or terminate your access to the Website at our sole discretion, with or without notice, for any reason, including if we believe you have violated these Terms. Upon termination, your right to use the Website will cease immediately.

10. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws principles. Any disputes arising from these Terms or your use of the Website will be resolved exclusively in the state or federal courts located in Sarasota County, Florida. You agree to submit to the personal jurisdiction of these courts.

11. Changes to These Terms

We may update these Terms from time to time. We will notify you of changes by posting the updated Terms on this page and updating the “Effective Date.” You are advised to review these Terms periodically. Your continued use of the Website after changes constitutes your acceptance of the updated Terms.

12. Contact Us

If you have questions about these Terms, please contact us:

  • By email: Lee.Towle@DayHagan.com

  • By phone: 941.330.1702

  • By mail: Day Hagan Asset Management, 1000 S. Tamiami Trail, Sarasota, FL 34236