LEGAL NOTICES & DISCLAIMERS
DISCLAIMER
Bull And Bear Profits LLC and its investment experts (collectively, “BBP”, “we”, “us” or “our”) edit, publish and offer websites, along with their related publications and services (collectively, the “Website”) to the general public on a subscription basis.
Excepting personal holdings of individual stocks, exchange traded funds and/or mutual funds, Website subscribers will receive the benefits of BBP’s disinterested commentary, analysis, opinions, advice and recommendations. The Website is impersonal and does not provide individualized advice or recommendations for any specific subscriber or portfolio.
Investing involves substantial risk. Neither BBP, the publisher, nor any of their respective affiliates make any guarantee or other promise as to any results that may be obtained from using the Website. While past performance may be analyzed in the Website, past performance should not be considered indicative of future performance. No subscriber should make any investment decision without first consulting his or her own personal financial advisor and conducting his or her own research and due diligence, including carefully reviewing the prospectus and other public filings of the issuer. To the maximum extent permitted by law, BBP, the publisher and their respective affiliates disclaim any and all liability in the event any information, commentary, analysis, opinions, advice and/or recommendations in the Website prove to be inaccurate, incomplete or unreliable, or result in any investment or other losses.
The Website’s commentary, analysis, opinions, advice and recommendations represent the personal and subjective views of BBP, and are subject to change at any time without notice.
The information provided in the Website is obtained from sources which BBP believes to be reliable. However, BBP has not independently verified or otherwise investigated all such information. Neither BBP, the publisher, nor any of their respective affiliates guarantees the accuracy or completeness of any such information.
The Website is not a solicitation or offer to buy or sell any securities.
Subscribers may submit questions to BBP by email to Editor@BullAndBearProfits.com. However, since the Website is impersonal and does not provide individualized advice for specific subscribers, BBP can only answer questions of a general nature about the markets or specific securities. BBP will make every effort to answer subscriber questions on our website or in the pages of an upcoming issue of the Website.
Neither BBP, the publisher, nor any of their respective affiliates is responsible for any errors or omissions in any Website.
BBP is not registered as an investment adviser. BBP relies upon the "publishers' exclusion" from the definition of investment adviser under Section 202(a)(11) of the Investment Advisers Act of 1940 and corresponding state securities laws. As such, BBP does not offer or provide personalized advice. We publish information about companies and investments in which we believe our readers may be interested and this information reflects our sincere opinions. The information that we provide or that is derived from our website is not intended to be, and should not be construed in any manner whatsoever as, personalized advice. Also, our website and the information provided by us should not be construed by any subscriber or prospective subscriber as BBP's solicitation to effect, or attempt to effect, any transaction in a security. Investments in the securities markets are speculative and involve substantial risk. The information that we provide or that is derived from our website should not be a substitute for advice from an investment professional. We encourage you to obtain personal advice from your professional investment advisor and to make independent investigations before acting on the information that you obtain from BBP or derive from our website. Only you can determine what level of risk is appropriate for you.
We encourage our readers to invest carefully and to utilize the information available at the websites of the Securities and Exchange Commission at https://www.sec.gov and the Financial Industry Regulatory Authority at https://www.FINRA.org. You can review public companies' filings at the SEC's EDGAR page. The FINRA has published information on how to invest carefully at its website.
Most of the information on our website or that we otherwise provide is derived directly from information published by the companies on which we report and/or from other sources we believe are reliable, without our independent verification. Therefore, we cannot assure you that the information is accurate or complete. The information may contain discussions of, or provide access to, certain positions and recommendations as of a specific date. Due to various factors, including, but not limited to, changing market conditions, such discussions and positions/recommendations may no longer be reflective of current discussions and positions/recommendations. We do not in any way warrant or guarantee the success of or endorse any action which you take in reliance on the information that we provide or that is derived from our website.
As indicated above, BBP makes no representations or warranties about the accuracy or completeness of the information contained on or derived from BBP's website or otherwise provided by BBP. Any links provided to other websites are offered as a matter of convenience and in no way are meant to imply that BBP endorses, sponsors, promotes or is affiliated with the owners of or participants in those sites, or endorses or warrants any information contained on those sites, unless expressly stated. Furthermore, BBP does not endorse, guarantee or warranty any third party products advertised on its site, in its Websites, in any third party rental of its permission based lists or otherwise referenced in any information provided by BBP or derived from BBP's website, and BBP expressly disclaims any responsibility and accepts no liability with respect to such information and products. BBP may receive a fee from a service provider that has a link on BBP's website or is referenced in the information provided by BBP.
BBP limits the number of subscribers allowed in any one trading service in order to reduce the risk that too many traders will attempt identical trades and influence the market by causing the purchase of an excessive number of contracts. Once the BBP subscriber limit is reached, BBP may create a 'clone' of the fully subscribed trading service under the same strategies, guidelines and policies. However, subscribers to the newly created service 'clone' receive information concerning trades unique to that service.
Our personnel may own positions and/or trade in the securities mentioned in the information that we provide. However, BBP's policies prohibit all employees of BBP from engaging in any securities transaction that directly or indirectly competes with the interests of our subscribers that are actually known to BBP. We are not compensated in any way for publishing information about companies mentioned in our reports.
Testimonials may or may not be representative of actual results.
PERFORMANCE FIGURES
Performance figures are based on actual recommendations made by BBP. Due to the time critical nature of stock trading, brokerage fees, and the activity of other subscribers, BBP cannot guarantee that subscribers will mirror the exact performance stated on our track records or promotions. Performance numbers shown are based on trades subscribers could enter based on our tracking guidelines. Past results are not necessarily indicative of future performance. Therefore, no subscriber or potential subscriber should assume or expect that future performance of any investment or strategy will be profitable or equal historical or anticipated performance levels. The information contained in BBP trading services is intended for use solely by individual subscribers and is not offered to institutional investment organizations.
LIMITATION ON BBP LIABILITY
To the extent not prohibited by law, each subscriber and potential subscriber agrees, as a condition precedent to accessing or using BBP's website or receiving information provided by BBP, to release and hold harmless BBP and its directors, officers, shareholders, employees and agents from any and all liability in connection with accessing or using BBP's website or receiving information provided by BBP. In all other cases, BBP's liability to a subscriber, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages of the subscriber, not to exceed the fees received by BBP from the subscriber. BBP will not be liable for any consequential, incidental, punitive, special, exemplary or indirect damages resulting directly or indirectly from the use of or reliance upon any material provided by BBP or derived from BBP's website. Without limitation, BBP shall not be responsible or liable for any loss or damages related to, either directly or indirectly, (1) any decline in market value or loss of any investment; (2) a subscriber's inability to use or any delay in accessing BBP website or any other source of material provided by BBP; (3) any absence of material on BBP website; (4) BBP's failure to deliver or delay in delivering any material or (5) any kind of error in transmission of material. BBP and each subscriber acknowledge that, without limitation, the above-enumerated conditions cannot be the probable result of any breach of any agreement between BBP and the subscriber.
DISCLAIMER OF WARRANTY
ANY AND ALL INFORMATION PROVIDED BY BBP OR DERIVED FROM BBP'S WEBSITE IS PROVIDED "AS IS" AND BBP MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
BROKERS
BBP is not affiliated with any brokerage firm and does not endorse or recommend any specific brokerage firm. BBP is not and will not be responsible for any trades made by a broker on the subscriber's behalf under any circumstances.
ACKNOWLEDGEMENT AND AGREEMENT
Notwithstanding any other agreement or other communications between BBP and Subscriber to the contrary, receipt or use of any material provided by BBP, at any time and through any means, whether directly or indirectly, represents acknowledgement by such person of this disclaimer and agreement with its terms and conditions.
SUBMISSIONS
All submissions from outside contributors on BBP's website are the responsibility of their respective authors, creators, and/or owners. BBP is not responsible for such submissions, and the views and opinions expressed are not necessarily those of BBP. BBP does not guarantee the accuracy or validity of the submissions. While BBP may use its best efforts to review contributor submissions for form and format before they are posted on its website, BBP does not review or edit these submissions for content. BBP makes no representations and provides no warranties whatsoever concerning submissions, and the fact that BBP has posted these outside contributions does not constitute an endorsement, authorization, sponsorship, or affiliation by BBP with respect to the author, creator and/or owner of the submissions. BBP expressly disclaims any responsibility and accepts no liability for any information or content provided in these submissions. Please be advised that submissions may be protected by federal and international copyright or other laws, and your right to reprint, republish, modify, reproduce, or distribute this material may be limited accordingly.
INTELLECTUAL PROPERTY
Except as otherwise indicated, BBP is the copyright owner of all text and graphics contained on this website. Other parties' trademarks and service marks that may be referred to herein are the property of their respective owners. You may print a copy of the information contained herein for your personal use only, but you may not reproduce or distribute the text or graphics to others or substantially copy the information on your own server, or link to this website, without prior written permission of BBP. Permission to use and reproduce documents and related graphics available from this website is granted, provided that: 1. the below copyright notice appears in all copies and that both the copyright and this permission notice appear; 2. use and reproduction of documents and related graphics available from this website is limited to personal, non-commercial use; 3. no documents or related graphics, including logos, available from this website are modified in any way; and 4. no graphics, including logos, available from this website are used separate from accompanying text. Use or reproduction for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
TELEPHONE CALL MONITORING AND RECORDING
BBP monitors and records all telephone calls made to or from its offices for quality control and training purposes.
INDEMNIFICATION
Visitor agrees that in the event he causes damage, which the website is required to pay for, the Visitor, as a condition of viewing, promises to reimburse the Website for all.
NOTICE
No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.
DISPUTES
As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of BBP.
In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal. The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If any matter concerning any purchase or subscription shall be brought before a court of law, pre- or post-arbitration, Visitor, viewer, member, subscriber, or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified: Wyoming. In the event that litigation is in a federal court, the proper court shall be the closest federal court to BBP.
APPLICABLE LAW
Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of BBP.
Any subscriber who would like a copy of these “Legal Notices & Disclaimers” may request a copy by writing to:
Bull And Bear Profits LLC
Attn: Disclosure
347 Fifth Avenue
Suite 1402-205
New York, NY 10016
TERMS OF USE
INTRODUCTION AND ACCEPTANCE
Bull And Bear Profits LLC (“BBP”) offers you access to its interactive online websites, applications and services. These Terms of Use, together with our Privacy Policy and any additional terms which might apply to certain products or services, govern your use of our websites (the “Website(s)”) or any of our mobile widgets, services or other applications (“Applications”) (together, our “Services”).
Please read these Terms of Use carefully before using our Services. By using any of our Services (other than to read these Terms of Use for the first time) you are agreeing to comply with these Terms of Use, which may change from time to time as set forth in Section 16 below. If you do not agree to be bound by these Terms of Use, do not use our Services. Use of the Services shall be deemed as acceptance of the following Terms and Conditions.
USER SERVICE AGREEMENT
You may not reproduce, distribute, transmit, disseminate, sell, publish, display, broadcast, circulate or forward any part of BullAndBearProfits.com (“BBP”) to anyone, including but not limited to others in the same company or organization, without the express prior written consent of BBP. This requirement and limitation includes, for example, electronic activities (such as emailing, scanning, web site posting, downloading, printing, ftp, etc.), photocopying, printing, faxing and the like.
THE ACCESS THAT A SUBSCRIBER IS GIVEN TO THIS WEB SITE IS PERSONAL TO YOU, INDIVIDUALLY. YOU MAY NOT SHARE YOUR PASSWORD WITH OTHERS, EVEN OTHERS IN THE SAME COMPANY OR GROUP, OR PROVIDE OTHERS WITH ACCESS TO THIS SITE USING YOUR PASSWORD. THE SOFTWARE INSTALLED ON BBP’S WEB SITE AND ON SUBSCRIBERS' COMPUTERS ENABLES BBP TO MONITOR SUBSCRIBERS' COMPLIANCE WITH THIS USER SERVICE AGREEMENT, AND YOU AGREE BBP MAY DO SO. BBP’S PUBLICATIONS, THIS WEB SITE, AND OTHER MATERIALS ALSO ARE PROTECTED BY FEDERAL COPYRIGHT LAW. THE COPYRIGHT ACT IMPOSES LIABILITY OF UP TO $150,000 PER ISSUE FOR INFRINGEMENT.
INFORMATION CONCERNING UNAUTHORIZED REPRODUCTION, DISTRIBUTION, DISPLAY OR OTHER INFRINGEMENT WILL BE GRATEFULLY RECEIVED.
LOGGING IN AND USING THIS SITE MEANS THAT YOU AGREE TO THESE TERMS.
If you do not agree to these terms, you may cancel your subscription.
Please contact us at Service@BullAndBearProfits.com regarding these terms, or if you have other questions.
INTELLECTUAL PROPERTY
Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Services and all intellectual property rights to the same, including, without limitation, all trademarks, service marks, trade names and trade dress that may appear in our Services are owned by us, our licensors, our affiliates and/or identified third parties (collectively, the “Service Content”). Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title or interest in our Services or any Service Content. Any rights not expressly granted in these Terms of Use are expressly reserved.
ACCESS AND USE
(a) We may offer certain portions of our Services at no charge (e.g., Websites) and others for a one-time fee, on a subscription basis or under any other lawful pricing structure (e.g., mobile Applications). In all instances, our Services are not being sold to you; rather, you are being granted a limited license to use our Services. In addition, the license to use of any of our paid Services does not necessarily transfer across operating systems and/or different equipment (e.g., mobile devices, computers, etc.). For example, unless we specifically tell you otherwise, the use of any of our mobile Applications is limited to the relevant device and/or operating system you are using at the time you purchase the license to use the Application.
(b) Some of our Services may be offered to you conditioned on your payment of a fee (“Premium Service(s)”). By using the Premium Service(s), you will be subject to any charges and rules set forth in the additional terms for that particular Premium Service, in addition to the general terms provided below. We will provide notice of any charges, or extra charges, before you register for or enter a Premium Service. You are responsible for any charges for premium content incurred by your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge. In the event that you pay for a Premium Service by credit card, you authorize us to charge your credit card account by registering for the service and providing us with your credit card information. You warrant to us that the credit card information that you provide us is correct and is your account. You may cancel your membership in the Premium Service(s) at any time by contacting us using the contact information provided on the Website or Application. We reserve the right to terminate your access to the Premium Service(s) at any time, without notice, and upon such termination we shall return the unused pro-rata portion of your membership fee.
(c) Our Services are provided to you for your personal and non-commercial use only. When using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third-party content, its applicable owner. In certain instances, we may suggest, ask or otherwise permit you to download, install or print Service Content. In such a case, you may do so only in the manner authorized and for your non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading, installing or printing Service Content.
(d) Any software that is made available to view and/or download in connection with our Websites is owned or controlled by us and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software. We accept no responsibility or liability in connection with any software owned or controlled by third parties.
(e) To the extent that our Websites contain links to outside services and resources, we do not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to that particular service or resource.
(f) Furthermore, except as expressly permitted in these Terms of Use, you may not:
(i) Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content;
(ii) Circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content;
(iii) Use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Service Content for any purpose (except for that which routinely occurs through the use of bona fide search engines) without our express written permission;
(iv) Collect or harvest any personally identifiable information or non-personally identifiable information from our Services including, without limitation, user names, passwords, email addresses;
(v) Solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
(vi) Attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same;
(vii) Decompile, reverse engineer, or disassemble any portion of our software or other Service Content, or our Services;
(viii) Use network-monitoring software to determine architecture of or extract usage data from our Services;
(ix) Encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity;
(x) Violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
(xi) Engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.
(g) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.
(h) For additional terms applying to contests or sweepstakes conducted by this Website, refer to this Website’s contest or sweepstakes information section, if applicable.
USER REGISTRATION & PROMOTIONAL MESSAGES
(a) In order to access or use some features of our Services, you may have to become a registered user. If you are under the age of thirteen (13), then you are not permitted to register as a user, sign up for any promotional messages, or otherwise provide us any personal information.
(b) If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you may create a user name and password (a “Membership”). You are solely responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to contact us by clicking the “Contact Us” link on our Website immediately if you become aware of any breach of security or unauthorized use of your Membership.
(c) Our Services may include sending you promotional e-mails/Websites. These are typically recurring message programs that, upon registration, will be sent to you until you unsubscribe via any of our disclosed methods. To receive any of these communications from us, you may be required to register and provide certain information about you (e.g., name, street address, e-mail address, etc.). Our use of the information you provide is governed by our Privacy Policy. To opt-out of receiving our e-mails/Websites as set forth in our Privacy Policy, you may either contact us by clicking the “Contact Us” link on our Website or by using the option included in the communication we send you (e.g., using the “Unsubscribe” feature provided in the footer of our emails).
USER CONTENT
(a) We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Services messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Services. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
(b) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
(c) You represent, warrant, and covenant that you will not submit any User Content that:
(i) Violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
(ii) Impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, or otherwise violates any applicable law;
(iii) Encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law;
(iv) Is an advertisement for goods or services or a solicitation of funds;
(v) Includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
(vi) Contains a formula, instruction, or advice that could cause harm or injury; or
(vii) Is a chain letter of any kind. Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Services will not be permitted.
(d) By submitting User Content to us, simultaneously with such posting you automatically grant, represent or warrant that the owner has expressly granted to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (i) in connection with our business; and (ii) in connection with the businesses of our affiliates, licensees, assignees, successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of our Services and these Terms of Use. Notwithstanding the foregoing, you waive any and all claims you (or any copyright holder) may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
(e) By submitting User Content, you also grant us the right, but not the obligation, to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content; provided, however, that all such uses will be consistent with the terms of our Privacy Policy.
(f) We do not accept or consider, directly or through any employee or agent, unsolicited ideas of any kind, including without limitation, creative content, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form (“Unsolicited Materials”). If you send us Unsolicited Materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them:
(i) We have no obligation to review any Unsolicited Materials, nor to keep any Unsolicited Materials confidential; and
(ii) We will own, and may use and redistribute Unsolicited Materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you
(g) Notwithstanding the generality of the foregoing, we reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising, marketing, promotional, and other commercial purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners, marketing partners, accounts, and third-party service providers (including their downstream users).
(h) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
E-COMMERCE
(a) You must be at least eighteen (18) years of age or older to make purchases on any of our Websites.
(b) We reserve the right to limit the quantity of sales of particular items and further reserve the right to cancel multiple orders of such item purchases by the same user and/or users with the same shipment/delivery address.
(c) We attempt to be as accurate as possible in our product descriptions. However, we do not warrant that product descriptions or other content of our Websites is accurate, complete, reliable, current, or error-free. If a product offered by us is not purchased as described, your sole remedy is to return it in unused condition.
(d) Except where noted otherwise, the list price or suggested price displayed for products on any of our Services represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, estimated in accordance with standard industry practice, or is the estimated retail value for a comparably featured item offered elsewhere. Where an item is offered for sale by one of our merchants, the list price or suggested price may be provided by the merchant. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error received from its suppliers, we shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the charge.
(e) Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may automatically charge and withhold the sales tax for orders based on the applicable state sales tax rate and the location to which the item is being shipped. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.
(f) All requests for service and support for items purchased from us should be made directly to the manufacturer in accordance with their terms and conditions.
(g) Some of our Websites may offer gift cards redeemable for the purchase of goods and/or services (“Gift Cards”). The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable. We are not responsible if a Gift Card is lost, stolen, destroyed or used without your permission. We make no warranties, express or implied, with respect to Gift Cards, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a Gift Card is non-functional, your sole remedy, and our sole liability, shall be the replacement of such Gift Card. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.
(h) Some of our Websites may sell vouchers which are redeemable for certain goods, services or experiences (“Vouchers”). These Vouchers are special promotional offers that you purchase from participating non-BBP merchants (“Merchants”) through our Websites. The Merchant will be identified on the voucher and such Merchant is solely responsible for redeeming the Voucher. The Merchant is the issuer of the Voucher and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs (“Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not. You waive and release BBP and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a voucher or the services/goods it provides in connection with it. Additionally, the expiration date on the Voucher sets forth the last date on which you can redeem your Voucher for the full promotional value as stated on the Voucher, but applicable law may provide that the Merchant is responsible for honoring the cash value that you paid for the Voucher for a period of time beyond that expiration date.
(i) We provide our Services including, without limitation, Service Content for educational, entertainment and/or promotional purposes. You may not rely on any information and opinions expressed through any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.
(j) Any health-related Service Content available is not intended to be a substitute for professional medical advice. We do not warrant the validity of any such health-related statements found on or through our Services. All such information is general in nature and may be helpful to some persons but not others, depending upon their personal needs. You should always consult with your physician prior to changing or undertaking a new diet or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read on or through our Services.
(k) In many instances, Service Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.
(l) Our Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
(m) Your correspondence or business dealings with, or participation in contests or promotions of advertisers and other third parties (i.e. entities other than BBP) found on or through this Website, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the website.
INDEMNIFICATION
(a) You agree to defend, indemnify and hold harmless BBP, our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies (collectively, the “Website Parties”) from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorney’s fees and costs) arising out of, related to, or that may arise in connection with: (i) your use of our Services; (ii) User Content provided by you or through use of your Membership; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
DISCLAIMER OF WARRANTIES
You expressly agree that use of our Services is at your sole risk. Our Services and Service Content (including software) are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied. Without limiting the foregoing and to the fullest extent permitted by law, the Website Parties disclaim any and all warranties including any: (i) warranties that our Services will meet your requirements; (ii)warranties concerning the availability, accuracy, security, usefulness, timeliness, or information content of our Services or Service Content; (iii)warranties of title, non-infringement, merchantability, or fitness for a particular purpose; (iv) warranties for services or goods received through, advertised or accessed through our Services; (v) warranties concerning the accuracy or reliability of the results that may be obtained from the use of our Services; (vi) warranties that your use of our Services will be sure or uninterrupted; and (vii) warranties that errors in our Services or Service Content (including software) will be corrected.
LIMITATION ON LIABILITY
(a) Under no circumstances shall any of the Website Parties be liable for indirect, incidental, special, consequential, or exemplary damages (even if we have been advised of the possibility of such damages), arising out of, relating to, or in any way connected with our Services or these Terms of Use. Your sole remedy for dissatisfaction with our Services including, without limitation, Service Content, is to stop using our Services. Such limitation shall also apply with respect to damages incurred by reason of goods received or advertised in connection with our Services or any links placed in our Services. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party using our Services.
(b) Notwithstanding anything to the contrary contained herein, in no event shall the cumulative liability of all the Website Parties exceed the lesser of the total payments received from you by us during the preceding twelve (12) month period of $100. Furthermore, you agree that any cause of action arising out of, or relating to, or in any way connected with any of our Services or these Terms of Use must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred.
(c) These limitations shall apply to the fullest extent permitted by law. In some jurisdictions limitations of liability are not permitted; in such jurisdictions, some of the foregoing limitations may not apply to you.
TERMINATION
(a) We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and/or block your use of our Services for any reason including, without limitation, if you have failed to comply with the letter and spirit of these Terms of Use. You agree that we are not liable to you or any third party for any termination or suspension of your Membership or for blocking your use of our Services.
(b) Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use (which by their nature should survive the suspension or termination of your Membership or these Terms of Use) shall survive including, but not limited to, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, and all of the provisions under Section 17 “Miscellaneous.”
COPYRIGHT POLICY
(a) We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Membership of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our Websites or hosted on our systems that may be infringing or the subject of infringing activity.
(b) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to BBP
(c) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our DMCA Compliance Officer with a written notification of claimed infringement that includes substantially the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single Website are covered by a single notification, a representative list of such works at that Website;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
(d) It is our policy, in appropriate circumstances, to terminate the accounts of users/members
who are repeat infringers or are repeatedly charged with infringement.
CHOICE OF LAW; JURISDICTION AND VENUE
These Terms of Use shall be construed in accordance with the laws of the State of Wyoming without regard to its conflict of laws rules. Any legal proceedings against us that may arise out of, relate to, or be in any way connected with our Services or these Terms of Use shall be brought exclusively in the state or federal courts of Wyoming, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
DISPUTE RESOLUTION & MANDATORY ARBITRATION
(a) We each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents/information and the proposed resolution. You agree to contact us with disputes by contacting us at the address provided in the “Contact Us” link on our Website. We will contact you based on the contact information you have provided us.
(b) If, after thirty (30) days, the parties are unable to resolve any dispute raised under the previous provision, the dispute may only be submitted to arbitration consistent with this section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they instead choose to have any disputes resolved through arbitration.
(c) We each agree that any claim or dispute between us, and any claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not signatories to this agreement, whether related to this agreement or otherwise, including past, present, and future claims and disputes and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS directly.
(d) We are entering into this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.
(e) Either of us may bring qualifying claims in small claims court. Furthermore, as set forth below, we each agree that any arbitration will be solely between you and us, not as part of a class-wide claim (i.e., not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the class-wide dispute must be brought in court.
NO CLASS ACTIONS
To the extent permitted by law, we each waive any right to pursue disputes on a class-wide basis; that is, either to join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration or other proceeding.
NO TRIAL BY JURY
To the extent allowed by law, we each waive any right to trial by jury in any lawsuit, arbitration or other proceeding.
AMENDMENT; ADDITIONAL TERMS
(a) We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Services or to modify these Terms of Use. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Services generally, unique of our Services, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.
(b) Modifications to these Terms of Use or Additional Terms will be effective immediately upon posting on the Website. It is your responsibility to review the Terms of Use from time to time for any changes or Additional Terms. Your access and use of our Services following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of our Services and, if applicable, terminate your Membership.
MISCELLANEOUS
(a) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
(b) Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected. So, for example, if a provision in these terms is found to be unenforceable, we agree an arbitrator (or, if permitted, a court) shall only strike that provision and that the remaining terms of these Terms of Use shall remain in full force and effect.
(c) Where we have provided you with a translation of the English language version of these Terms of Use, our Privacy Policy or Additional Terms, you agree that the translation is provided for your convenience only and that the English version governs your relationship with us. The English language version takes precedence if there is any contradiction between the English and translated versions.
(d) These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.
(e) You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.
PRIVACY POLICY
BullAndBearProfits.com (“BBP”) knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy. By visiting BullAndBearProfits.com, you are accepting the practices described in this Privacy Policy.
This website is a service of Bull And Bear Profits LLC together with its affiliates, agents and licensees (collectively “BBP”, “we,” “us,” or “our”). We have adopted this privacy policy (“Privacy Policy”) to explain what information may be collected when you access this website or any other website on which we place this Privacy Policy (“Website”), use our online or other services, or use any of our mobile or other applications (each, an “App”), how we and others use this information, under what circumstances we may disclose the information to third parties, and the instances in which we may allow third parties to collect information directly. Depending on your activities when using or accessing our Website or App (collectively, the “Services”), you may from time-to-time be required to agree to additional terms and conditions. For clarity, our Services include any promotion which refers to this Privacy Policy for terms regarding the collection and use of your information.
Please note that this Privacy Policy applies only to information we collect from you through our Services and does not apply to our collection of information through other methods, information provided to us by third parties, or information you provide to third parties.
MODIFICATIONS TO THIS PRIVATE POLICY
We generally keep this Privacy Policy posted on our Website and in our App. You should review this Privacy Policy frequently, as it may change from time to time without notice. Any changes will be effective immediately upon the posting of the revised Privacy Policy. WHEN YOU USE OUR SERVICES, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE, IMMEDIATELY STOP USING OUR SERVICES. Please note, however, that if we decide to use your personally identifiable information in a manner materially different than what is provided in this Privacy Policy or what we advised at the time it was collected, we will notify you of this change by e-mail to the last e-mail address provided to us or through our Applications. You will have a choice (by means of an “opt out” opportunity) as to whether we use their information in this different manner. In such case, we will use your personally identifiable information in accordance with the terms in place when the information was collected.
INFORMATION WE COLLECT
The information we learn from customers helps us personalize and continually improve your online experience at BullAndBearProfits.com. Here are the types of information we gather:
Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way through sign-up forms or ordering forms for BBP’s publications and services. You can choose not to provide certain information, but then you might not be able to take advantage of many of our services and features. We use the information that you provide for such purposes as responding to your requests, customizing your web browsing experience for you, improving our website, and communicating with you.
Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses BullAndBearProfits.com.
Information from Other Sources: For reasons such as improving personalization of our service (for example, providing better product recommendations or special offers that we think will interest you), we might receive information about you from other sources and add it to our account information. We also sometimes receive updated delivery and address information from our shippers or other sources so that we can correct our records and deliver your next purchase or communication more easily.
We typically collect two kinds of information about you when you use our Services: (1) information that you provide that personally identifies you; and (2) information that does not personally identify you that we automatically collect or that you provide us.
(1) Personally Identifiable Information: Our definition of personally identifiable information includes any information that may be used to specifically identify or contact you, such as your name, mail address, phone number, etc. As a general policy, we do not automatically collect your personally identifiable information when you use our Services. In certain circumstances, we may request, allow or otherwise provide you an opportunity to submit your personally identifiable information in connection with a feature, program, promotion or some other aspect of our Services.
For instance, you may: (a) provide your name, mail/shipping address, email address, credit card number and phone number when registering with our App or Website, or in connection with your participation in a promotion; (b) provide certain demographic information about you (e.g., age, gender, purchase preference, usage frequency, etc.) when using our Website or App, or participating in a survey or poll; or (c) post a general comment and/or recommendation through our Services. Certain information may not be personally identifiable when standing alone (e.g., your age), but may become so when combined with other information (e.g., your age and name). Whether you provide this information is your choice; however, in many instances this type of information is required to participate in the particular activity, realize a benefit we may offer, or gain access to certain content or features available through our Services.
(2) Non-Personally Identifiable Information: Our definition of non-personally identifiable information is any information that does not personally identify you. Non-personally identifiable information can include certain personally identifiable information that has been de-identified; that is, information that has been rendered anonymous. We obtain non-personally identifiable information about you from information that you provide us, either separately or together with your personally identifiable information. We also automatically collect certain non-personally identifiable information from you when you access use our Services. This information can include, among other things, the computer, mobile device or equipment (“Device”) you are using, other applications or software you are using, your mobile carrier and mobile network information, your IP addresses or Device identifier, the type of browser (e.g., Safari, Opera, etc.) and operating system you are using (e.g. Android, iOS, etc.), your search queries, and how much you use our Services.
(3) Location Information: As noted, when you use our Services, particularly our Website or App, we may automatically collect certain Device-specific information. This includes the general or specific location of your Device through GPS, Bluetooth or WiFi signals. Before we collect or send location-specific information, it is our practice to ask for your consent. In some instances, your operating system may not allow you to install our App unless you provide consent. In all instances, you may withdraw your consent by disabling location features for your Device – the App will still work though certain location features (e.g., Store Locator) may not function and certain other Services may be limited.
HOW WE USE & SHARE THE INFORMATION COLLECTED
(1) Personally Identifiable Information: The personally identifiable information you submit to us is generally used to carry out your requests, respond to your inquiries, better serve you, or in other ways naturally associated with the circumstances in which you provided the information. We may also use this information to later contact you for a variety of reasons, such as customer service, providing you promotional information for our products or those of our parent company, subsidiaries or other affiliated companies (“affiliated companies”), or to communicate with you about content or other information you have posted or shared with us via use of our Services. You may opt-out from receiving future promotional information from us or our affiliated companies, or direct that we not share your information with any affiliated companies, as set forth below. However, the use of certain Services may be conditioned on your ongoing consent to provide you promotional information.
In certain instances, we may also share your personally identifiable information as follows:
(a) With our third-party vendors performing functions on our behalf (or on behalf of our affiliated companies) – e.g., vendors that operate the Website or App, process credit card orders, administer our promotions, provide us marketing or promotional assistance, analyze our data, assist us with customer service, etc. Our vendors agree to use this information, and we share information with them, only to carry out our requests; and
(b) With participating third-party sponsors to a program or promotion (e.g., a sweepstakes or contest) you enter via our Services and certain third-party co-promotional partners and others with whom we have marketing or other relationships.
(c) Except as provided in this Privacy Policy, your personally identifiable information will not be shared or sold to any third parties without your prior approval.
(2) Non-Personally Identifiable Information: We use non-personally identifiable information in a variety of ways. For example, we may use non-personally identifiable information to evaluate use of our Services, track the types of products being purchased, gauge coupon or offer redemption rates, understand customer needs and trends, carry out targeted promotional activities, and to improve our Services. We may use your non-personally identifiable information by itself or aggregate it with information we have obtained from other customers or other sources. We may, among other things, share your non-personally identifiable information with our affiliated companies, allow third parties to collect such information directly from you, and/or sell the non-personally identifiable information to third parties to achieve these and any other business objectives (e.g., generate revenue, form relationships, etc.). However, it is important to remember that your non-personally identifiable information (whether standing alone or combined with other non-personally identifiable information) is anonymous information that does not personally identify you.
Agents: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
Promotional Offers: Sometimes we send offers to selected groups of BullAndBearProfits.com customers on behalf of BullAndBearProfits.com and other businesses. When BullAndBearProfits.com does this, we do not give that business your name and address. If you do not want to receive such offers, please notify BullAndBearProfits.com by sending an email to Service@BullAndBearProfits.com. In addition, consistent with industry standard practices, BullAndBearProfits.com may share certain contact information with other businesses for their use, for example, in conducting promotional campaigns. If you do not like your contact information shared in this manner, please notify BullAndBearProfits.com by sending an email to Service@BullAndBearProfits.com.
Protection of BullAndBearProfits.com and Others: We release account and other personal information when we believe release is appropriate to comply with law; enforce the terms of the Legal Notices that accompany this policy; or protect the rights, property, or safety of BullAndBearProfits.com, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information. Each time you request information, or register for events or services, you are agreeing to receive communications from us about BBP’s services, products, offers and promotions. If you do not want to receive such offers, please notify BullAndBearProfits.com by sending an email to Service@BullAndBearProfits.com. In addition, consistent with industry standard practices, BullAndBearProfits.com may share certain contact information with other businesses for their use, for example, in conducting promotional campaigns. If you do not like your contact information shared in this manner, please notify BullAndBearProfits.com by sending an email to Service@BullAndBearProfits.com.
TRACKING TECHNOLOGIES
(1) Cookies/Web Beacons: Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and to provide features like "Remember Me" for our paying subscribers. Cookies are also utilized during the ordering process to help insure your order is handled correctly.
The "help" portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, cookies allow you to take full advantage of some of BullAndBearProfits.com's best features, and may be required to access certain areas of our website.
We automatically receive and store certain types of non-personally identifiable information whenever you interact with us. For example, like many websites, we use “cookies,” “web beacons” (also called “clear gifs” or “pixel tags”) and embedded scripts to obtain certain types of information when you use or access our Services. “Cookies” are small files that we transfer to your computer’s hard drive or your web browser memory to enable our systems to recognize your browser and to provide convenience and other features to you. “Web beacons” are tiny graphics with a unique identifier, similar in function to cookies, and may be used to track the online movements of users, when an email has been opened, and to provide other information.
Examples of the information we collect and analyze in this manner include the Internet Protocol (IP) address used to connect your Device to the Internet; computer and connection information such as browser type and version, operating system, and platform; your activities on our Website, including the products you view or searched for, as well as the URL you come from and go to next (whether this URL is on our Website or not); and cookie number. It is important to note that the cookies and web beacons that we use do not contain and are not tied to personally identifiable information about you.
If you are concerned about the storage and use of cookies, you may block or limit the storage of cookies via browser controls or other software (we do not promise that our Services will recognize or work with any such browser controls/software – e.g., see below for Do Not Track options). You may also be able to delete cookies manually from your Device through your internet browser, operating system or other programs. Please note, however, that some portions of our Services will not function properly or be available if you are able and do block and/or delete cookies.
The Federal Trade Commission provides useful information about online privacy on its own Web site, Site Seeing on the Internet.
(2) Preference Based Advertising: We may work with third parties, including advertising companies and website analysis firms, who use cookies and web beacons to collect non-personally identifiable information when you visit our Website and third party sites. This non-personally identifiable information, collected through cookies and web beacons, is typically used by these third-party advertising companies (i.e., advertising networks) to serve you with advertisements while on third party sites tailored to meet your preferences and needs. If you do not wish to participate in this activity, go to www.aboutads.info and follow the simple opt-out process.
A couple of important notes about this opt-out tool: (1) it includes all the advertising networks that we may work with, but also many that we do not work with; and (2) it may rely on cookies to ensure that a given advertising network does not collect information about you (“Opt-out Cookies”) – an explanation of how Opt-out Cookies work can be found on www.aboutads.info. Therefore, if you use different Device, change web browsers or delete these Opt-out Cookies from your computer, you will need to perform the opt-out task again. In addition, third party mobile applications, such as AppChoices (offered by the Digital Advertising Alliance), may allow you to opt out of preference based advertising via your Device.
(3) Do Not Track Features: Certain internet browsers may offer you the option of providing notice to websites that you do not wish for your online activities to be tracked for preference based advertising purposes (“DNT Notice”). Some browsers are, by default, set to provide a DNT Notice, whether that reflects your preference. Please note that with respect to our Website, we do not take any action based on browser based DNT Notices. If you do not wish to participate in preference based advertising activities, you should follow the simple opt-out process identified above.
OTHER USES & INFORMATION
(1) Email Communications: If you send us an email with questions or comments, we may use your personally identifiable information to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we do not recommend that you send non-public personal information, such as passwords, social security numbers, or bank account information, to us by email. However, aside from our reply to such an email, it is not our standard practice to send you email unless you request a particular service or sign up for a feature that involves email communications, it relates to purchases you have made with us (e.g., product updates, customer support, etc.), we are sending you information about our other products and services, or you consented to being contacted by email for a particular purpose. In certain instances, we may provide you with the option to set your preferences for receiving email communications from us; that is, agree to some communications but not others. You may “opt out” of receiving future commercial email communications from us by clicking the “unsubscribe” link included at the bottom of most emails we send, or as provided below; provided, however, we reserve the right to send you transactional emails such as customer service communications.
(2) Transfer of Assets: As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or all (or substantially all) of our assets, the personally identifiable information and non-personally identifiable information we have about you will be transferred to and used by this acquiring entity, though we will take reasonable steps to ensure that your preferences are followed. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.
(3) Other: Regardless of any other provision in this Privacy Policy, we reserve the right to disclose any personally identifiable or non-personally identifiable information about you if we are required to do so by law, with respect to copyright and other intellectual property infringement claims, or if we believe that such action is necessary to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our Services, or other users; or (d) in an emergency to protect the health and safety of our customers or the general public.
PUBLIC FORUMS
We may offer Services with chat rooms, blogs, message boards, bulletin boards, the ability to post user generated content or similar public forums where you and other users of our Services can communicate. The protections described in this Privacy Policy do not apply when you provide information (including personal information) in connection with your use of these public forums. We may use personally identifiable and non-personally identifiable information about you to identify you with a posting in a public forum. Any information you share in a public forum is public information and may be seen or collected by anyone, including third parties that do not adhere to our Privacy Policy. We are not responsible for events arising from the distribution of any information you choose to publicly post or share through our Services.
SPECIFIC PRIVACY RIGHTS
(1) Children: Neither our App nor any of our other Services are intended for children under the age of 13. We do not knowingly collect personally identifiable information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personally identifiable information to us, please contact us at Service@BullAndBearProfits.com. A parent or guardian of a child under the age of 13 may review and request deletion of such child’s personally identifiable information as well as prohibit the use of that information.
(2) California: Beginning January 1, 2005, California Civil Code Section 1798.83 permits customers who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us by clicking the Contact Us link on our Website.
KEEPING YOUR INFORMATION SECURE
We work to protect the security of your information during the ordering process by using Secure Sockets Layer (SSL) software, which encrypts information you input.
We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
Customer information is stored in our firewall-protected data center which is not directly accessible from the internet.
We have implemented security measures we consider reasonable and appropriate to protect against the loss, misuse and alteration of the information under our control. Please be advised, however, that while we strive to protect your personally identifiable information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online or through our Services, and are not responsible for the theft, destruction, or inadvertent disclosure of your personally identifiable information. In the unfortunate event that your “personally identifiable information” (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you by e-mail (at our sole and absolute discretion) to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems.
THIRD PARTY DATA/SERVICES
(1) Social Networks. We may allow you to register for an account with us by using an account you have with a social network or other third-party, such as Facebook, Google, Twitter, etc. (“Social Network Account”). In such instances, we may receive and you are granting us access to certain information regarding your Social Network Account (e.g., friends, mutual friends, contacts, etc.). We may make this information available on or through the Services and to our users. You may be able to restrict what information is shared and how it is used through privacy and other settings. Also, depending on the privacy settings you have set in your Social Network Account, personally identifiable information may be shared with us and made available through the Services and to our users.
(2) Third Party Services. Our Services may link to, contain links to or embed functionality provided by third parties, such as reward programs, surveys, etc. (“Third Party Services”). We do not control or maintain Third Party Services, nor are we are not responsible for the privacy practices employed by any provider of a Third Party Service. We encourage you to read the privacy statements applicable to all Third Party Services before submitting any personally identifiable information through these websites.
CONTACT & OPT-OUT INFORMATION
You may contact us as via the Contact Us link on the Website if: (a) you have questions or comments about our Privacy Policy; (b) wish to make corrections to any personally identifiable information you have provided; (c) want to opt-out from receiving future commercial correspondence, including emails, from us or our affiliated companies; or (d) wish to withdraw your consent to sharing your personally identifiable information with others.
We will respond to your request and, if applicable and appropriate, make the requested change in our active databases as soon as reasonably practicable. Please note that we may not be able to fulfill certain requests while allowing you access to certain benefits and features of our Services.
As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of BullAndBearProfits.com features.
CHILDREN
BullAndBearProfits.com does not sell products for purchase by children. If you are under 18, you may use BullAndBearProfits.com only with involvement of a parent or guardian.
CONDITIONS OF USE, NOTICES AND REVISIONS
If you choose to visit BullAndBearProfits.com, your visit and any dispute over privacy is subject to this Policy and our legal notices, including limitations on damages, arbitration of disputes, and application of the law of the state of Wyoming. If you have any concern about privacy at BullAndBearProfits.com , please send us a thorough description to Service@BullAndBearProfits.com, and we will try to resolve it. BullAndBearProfits.com does not control and is not responsible for privacy policies for any sites linked to or from BullAndBearProfits.com. Our business changes constantly. This Policy and the Legal Notices will change also, and use of information that we gather now is subject to the Privacy Policy in effect at the time of use. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Web site frequently to see recent changes.
LEGAL NOTICES & DISCLAIMERS
Stocks and exchange traded funds (“ETFs”) involve risk. Investors need a broker to trade stocks and ETFs. Past results are not necessarily indicative of future performance. Due to the exclusive nature of BBP’s services, most applicable subscription fees are non-refundable. Performance figures are based on actual recommendations made by BBP. Due to the time critical nature of stock trading, brokerage fees, and the activity of other subscribers, BBP cannot guarantee that subscribers will mirror the exact performance stated on our track records or promotions. Performance numbers shown are based on trades subscribers could enter based on our trading guidelines.
The information and data contained in this website (BullAndBearProfits.com) was obtained from sources believed to be reliable, but accuracy is not guaranteed. Neither the information, nor any opinion expressed, constitutes a recommendation to purchase or sell a security, or to provide investment advice.
The terms "Recommendation Services," "Research Services," "Education Products," "Bulletins" and "Websites" all refer to categories of publications by BBP. These publications are not to be confused with individualized investment advice. Please consult with an investment professional, such as your broker or investment advisor, for specific investment and money management advice tailored to your personal objectives and resources. Publications by BBP contain references to publicly traded companies. BBP has no affiliation with these companies and does not benefit in any manner from related recommendations in its publications.
The information contained on this site is provided for general informational purposes, as a convenience to the customers of BBP. The materials are not a substitute for obtaining professional advice from a qualified person, firm or corporation. Consult the appropriate professional advisor for more complete and current information. BBP is not engaged in rendering any legal or professional services by placing these general informational materials on this website.
BBP specifically disclaims any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the site, even if BBP has been advised of the possibility of such damages, including liability in connection with mistakes or omissions in, or delays in transmission of, information to or from the user, interruptions in telecommunications connections to the site or viruses.
BBP makes no representations or warranties about the accuracy or completeness of the information contained on this website. Any links provided to other server sites are offered as a matter of convenience and in no way are meant to imply that BBP endorses, sponsors, promotes or is affiliated with the owners of or participants in those sites, or endorses any information contained on those sites, unless expressly stated.
BBP is the copyright owner of all text and graphics contained on this website, except as otherwise indicated. Other parties' trademarks and service marks that may be referred to herein are the property of their respective owners. You may print a copy of the information contained herein for your personal use only, but you may not reproduce or distribute the text or graphics to others or substantially copy the information on your own server, or link to this website, without prior written permission of BBP. Permission to use and reproduce documents and related graphics available from this website is granted, provided that: 1. the below copyright notice appears in all copies and that both the copyright and this permission notice appear; 2. use and reproduction of documents and related graphics available from this website is limited to personal, non-commercial use; 3. no documents or related graphics, including logos, available from this website are modified in any way; and 4. no graphics, including logos, available from this website are used separate from accompanying text. Use or reproduction for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Subscribers are encouraged to invest carefully and to utilize the information available at the web sites of the Securities and Exchange Commission at https://www.sec.gov and the National Association of Securities Dealers at https://www.nasd.com.
We use analytics tracking code to support display advertising online, including remarketing. You can opt-out of Google Analytics for display advertising and customize Google Display Network ads using the Ads Preferences Manager. We use analytics tools, such as remarketing, and other third party technologies, such as Google Analytics and DoubleClick Cookies, to collect non-personal information in the form of various usage and user metrics when you use our online sites and/or services. These tools and technologies collect and analyze certain types of information, including cookies, IP addresses, device and software identifiers, referring and exit URLs, onsite behavior and usage information, feature use metrics and statistics, usage and purchase history, MAC Address, and other similar information. Third-party vendors, including Google, show our ads on sites across the Internet. BBP and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on past visits to our website. You may opt out of the DoubleClick cookie by visiting the Google advertising opt-out page or you may opt out of Google Analytics by visiting the Google Analytics opt-out page. Google has additional information available about their Policies and Restrictions.
SOLE STATEMENT
This Privacy Policy as posted is the sole statement of our privacy policy with respect to our Services, and no summary, modification, restatement or other version thereof, or other privacy statement or policy, in any form, is valid unless we post a new or revised policy to the Website and/or App.