Legal
- Terms and Conditions
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- Privacy Policy
- Disclaimer
- Disclosure for products & services
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BULL BEAR PROFIT TERMS OF USE
TERMS OF USE
1. INTRODUCTION
Welcome to www.bullbearprofit.com (the “Website”). The Website is owned and operated by Bull Bear Proft. (“BBP”, “us” or “we”). The purchaser of any Bull Bear Profit product or service here after may be referred to as client, end user, or you.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE or using any Bull Bear Profit products or services. By using the Website, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website. In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms and agreements applicable to those services, these Terms of Use will control.
2. PRIVACY AND YOUR ACCOUNT
Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices.
We may sell products for children, but sell them to adults who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Website only with the involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
3. CONSIDERATION
You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website and data, materials and information available at or through the Website.
4. RESTRICTIONS ON USE; LIMITED LICENSE
All content contained on the Website (collectively, “Content”), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of the Content on the Website is our exclusive property, protected by United States and international copyright laws, treaties and conventions. All software used on the Website is our property or the property of our software suppliers and protected by United States and international copyright laws, treaties and conventions.
Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark”) contained on the Website are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
We grant you a limited license to access and make personal use of the Website. No Content of the Website or any other Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from the Website. Your use of Content on any other website or computer environment is strictly prohibited.
The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Website or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Website or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.
5. USE AND PROTECTION OF PASSWORD.
Bull Bear Profit will assign a password to certain web pages so you can access and use certain areas of the Website. Each user who uses such assigned password shall be deemed to be authorized by Bull Bear Profit to access and use the Website, and Bull Bear Profit shall have no obligation to investigate the authorization or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT AS BETWEEN YOU AND BULL BEAR PROFIT, YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE WEBSITE BY ANYONE USING THE PASSWORD TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THE WEBSITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING FINANCIAL OBLIGATIONS FOR PURCHASES THROUGH THE WEBSITE) THAT MAY RESULT FROM SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password assigned to you. You shall immediately notify BBP of any unauthorized use of the assigned password, or any other breach or threatened breach of the Website’s security of which you are aware. You will be responsible for any activity conducted under your assigned password.
6. SYSTEM REQUIREMENTS.
Use of the certain areas of the Website requires Internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in MP3 or other digital format (the “Software”), and, for certain downloadable content, a compatible player device (the “Device”). BBP may, at any time and from time to time, in its sole discretion, modify, revise, or otherwise change the system requirements for the Website and the format of any downloadable content, in whole or in part, without notice or liability to you.
Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on the Website. Software and Devices may require you to obtain updates or upgrades from time to time. Your ability to use the Website may be affected by the performance of the Software, the Device, or your Internet connection. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to BBP.
7. SUBMISSIONS
You may post reviews, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any such content, but we do not regularly review posted content.
Please do not send us any material that you do not intend to be subject to the User-Generated Content License described in this paragraph. All content described in the immediately preceding paragraph and any and all other information, content or materials that you post or send to us hereinafter collectively is referred to as “User-Generated Content.” If you post or send any User-Generated Content to us, intentionally or unintentionally, we (and such others as we may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License”). You agree to the User-Generated Content License whether or not your User-Generated Content is used by us.
You represent, warrant and agree that: you own or otherwise control all of the rights to all User-Generated Content that you post or send to us; that all such User-Generated Content is accurate; use of such User-Generated Content does not violate these Terms of Use, our Privacy Policy or the rights of any third party and will not cause injury to anyone; and you will indemnify us and our affiliates and designees from and against all claims arising out of, resulting from or relating to any such User-Generated Content. We have the right (but no obligation) to monitor, edit or remove any activity or content involving you. We have no responsibility, and assume no liability, for any User-Generated Content posted or sent by you or by anyone else.
You agree that User-Generated Content will not be subject to any expectation of trust or confidence between us and that no confidential or fiduciary relationship is intended or created between you and us. To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any User-Generated Content and which are not exclusively owned by us, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.
Each time that you access the Website, or post or submit User-Generated Content, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.
- CONTENT LINKED TO THE WEBSITE
You should be aware that when you visit the Website, you could be directed to other sites beyond our control including links to or from affiliates and content partners that may use our Marks as part of an affiliate relationship. When you click on a link that directs you away from the Website, the site to which you are directed may not be controlled by us and different terms of use and privacy policies may apply which you should carefully read and evaluate. You acknowledge that we are not responsible for examining or evaluating, and that we do not warrant the offerings of, any such third party or the content of their sites. We do not assume any responsibility or liability for the actions, products, or content of any third party or any third party site. We reserve the right to disable links from or to third-party sites, although we are under no obligation to do so.
9. DISCLAIMER OF WARRANTIES
THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING USE, OR THE RESULTS OF USE, OF ANY CONTENT, PRODUCT OR SERVICE CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SITE OR SERVICE LINKED TO FROM THE WEBSITE (AND SPECIFICALLY NO REPRESENTATION OR WARRANTY OF CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY OR SAFETY).
WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF INFORMATION, CONTENT AND MATERIALS FOUND ON SITES THAT LINK TO OR FROM THE WEBSITE. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM THE WEBSITE OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR WEBSITE. WE DO NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT), ON THIRD PARTY SITES, AND ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY SITES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION). WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.
THE WEBSITE AND PRODUCTS/SERVICES CONTAINED THEREON ARE NOT SUBSTITUTES FOR THE ADVICE OR RECOMMENDATION OF A LICENSED FINANCIAL PROFESSIONAL. NOT ALL PRODUCTS AND SERVICES ARE SUITED FOR EVERYONE. THE CREATORS OF ANY PRODUCTS/SERVICES DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR FINANCIAL LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING (THE USE OF ALL BBP PRODUCTS OR RECOMMENDATIONS) OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE OR VERBALLY EXPRESSED BY BBP EMPLOYEES. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION IN WHICH YOU REQUIRE PROFESSIONAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED LICENSED PROFESSIONAL, SUCH AS A LICENSED FINANCIAL CONSULTANT OR OTHER FINANCIAL PROFESSIONAL. NEVER DISREGARD THE FINANCIAL ADVICE OF A LICENSED FINANCIAL PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE.
BECAUSE ANY FINANCIAL EDUCATION CAN RESULT IN SERIOUS FINANCIAL LOSS, BBP URGES YOU TO OBTAIN ADVICE AS DEEMED APPROPRIATE FROM A LICENSED FINANCIAL CONSULTANT BEFORE USING ANY STOCK TRADE EDUCATION, PRODUCT OR SERVICE. YOU AGREE THAT BY USING ANY PRODUCTS OR SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK. ANY RECOMMENDATION EXPRESSED OR IMPLIED THAT ARE USED FOR TRADING STOCKS ARE ENTIRELY YOUR RESPONSIBILITY AND, AS NECESSARY, YOU SHOULD CONSULT A LICENSED FINANCIAL PLANNER/CONSULTANT BEFORE USING BBP PRODUCTS OR SERVICES. YOU AGREE THAT YOU ARE VOLUNTARILY PURCHASING PRODUCTS OR SERVICES, PARTICIPATING IN RECOMMENDED ACTIVITIES, AND USING THIS WEBSITE AND ASSUME ALL RISKS OF FINANCIAL LOSS OR OTHERWISE (LOSS OF ASSETS, EMOTIONAL STRESS, ETC.).
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL FINANCIAL LOSS, LOSS IN OTHER ASSETS, EMOTIONAL LOSS DUE TO THE STRESS OF TRADING.
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 FOREGOING DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
10. INDEMNIFICATION
You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.
11. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PRINCIPLE OR PROFITS), PERSONAL INJURY (EMOTIONAL STRESS) OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE OR $100.00.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
APPLICABLE LAW MAY NOT ALLOW CERTAIN OF THE EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.
12. COPYRIGHT COMPLAINTS
We respect the intellectual property rights of others. If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
13. AMENDMENT
We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any change to these Terms of Use will constitute your assent to and acceptance of the revised Terms of Use.
14. TERMINATION
These Terms of Use are effective until terminated by either you or us. You may terminate these Terms of Use prospectively at any time by discontinuing your access to and use of the Website and destroying all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. If you terminate these Terms of Use, you shall notify us by sending notice of such termination by certified United States mail, postage pre-paid to:
Bull Bear Profit.
P.O. BOX 8789
Woodland, CA 95776
We may terminate these Terms of Use (including your access to and use of the Website) without cause and without notice to you, in our sole discretion. Upon termination, you must cease any access to or use of the Website and destroy all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.
The provisions of these Terms of Use, which by their nature should survive the termination of these Terms of Use, shall survive such termination.
15. APPLICABLE LAW AND DISPUTES
These Terms of Use, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms of Use, will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if these Terms of Use were a contract wholly entered into and wholly performed within the State of California. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to confidential binding arbitration in Los Angeles County, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Los Angeles County, California, United States of America, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under these Terms of Use shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration.
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.
16. ELECTRONIC COMMUNICATIONS
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
17. MISCELLANEOUS LEGAL PROVISIONS
We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or features of the Website at any time for any reason, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Website. Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other.
If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
These Terms of Use constitute the entire agreement between you and us regarding the Website and supersedes any prior or contemporaneous agreement regarding that subject matter.
Updated March 2010
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Website;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, under penalty of perjury, that the foregoing information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The BBP’s Copyright Agent for notice of claims of copyright infringement on the Website can be reached as follows:
Bull Bear Profit Attn: Copyright Agent
P.O. BOX 8789
Woodland, CA 92126
18. Purchase agreement
All sales are final, no refunds or exchanges, on all products purchased through Bull Bear Profit: website(s), any employee, affiliate, or 3rd party vendor associated with BBP. Under extenuating circumstances refunds will be provided at the sole discretion of Bull Bear Profit. Bull Bear Profit does not provide any guarantee, warranty, or otherwise expressed or implied as to the performance, outcome, or expected financial returns based on the use of any BBP product, service, or coaching. Any product purchased from 3rd party vendors recommended by BBP are subject to the 3rd party vendor’s terms and conditions.
19. Use of Bull Bear Profit Concept Calculator
The user of the Bull Bear Profit Concept Calculator, here after known as calculator, agrees to use the calculator for educational purposes only. Calculations are not guaranteed to be correct or match any broker, charting software, or other financial generated numbers. Bull Bear Profit the company, the owner of Bull Bear Profit, it’s employees or affiliates are not liable for any losses (financial or otherwise) resulting from the use of the calculator. The calculator will be updated as needed and it is the responsibility of the user to check for updates by contacting Bull Bear Profit at support@bullbearprofit.com. BY PURCHASING THE CALCULATOR YOU AGREE THAT THE CALCULATOR WILL BE USED BY YOU AND NO ONE ESE. YOU AGREE THE CALCULATOR WILL NOT BE COPIED, SHARED, OR TRANSMITTED IN ANY FORM (DIGITAL, WRITTEN OR OTHERWISE). COPIES ARE PERMITTED FOR THE PURCHASER ONLY.
20. Bull Bear Profit reserves the right to refuse selling products and services to anyone at Bull Bear Profit discretion. Anyone found misusing a product or service for illegal purposes will be permanently black listed from ever being a client of Bull Bear Profit.
BBP Disclaimer for mobile website use:
YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY APPLICATION THAT IS INCLUDED HEREIN, AND ANY SERVICES AND CONTENTS PROVIDED TO YOU THROUGH SUCH APPLICATION, ARE BEING PROVIDED TO YOU BY A THIRD PARTY SERVICE PROVIDER AND NOT BY BULL BEAR PROFIT CO., (“BBP”).
YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR DOWNLOAD , INSTALLATION AND USE OF SUCH THIRD PARTY APPLICATION, SERVICE AND CONTENT ARE GOVERNED BY SUCH THIRD PARTY SERVICE PROVIDER’S TERMS OF USE, LICENSE AGREEMENT, PRIVACY POLICY, OR OTHER AGREEMENT, AND THAT ANY INFORMATION AND PERSONAL DATA YOU PROVIDE TO SUCH THIRD PARTY SERVICE PROVIDER WILL BE SUBJECT TO SUCH THIRD PARTY SERVICE PROVIDER’S PRIVACY POLICY.
BULL BEAR PROFIT IS NOT RESPONSIBLE FOR ANY PRIVACY VIOLATIONS OR ANY OF THE OTHER PRACTICES OF SUCH THIRD PARTY SERVICE PROVIDERS, AND EXPRESSLY DISCLAIMS ANY LIABILITY IN CONNECTION WITH ANY THIRD PARTY APPLICATIONS, SERVICES, CONTENTS OR YOUR USE THEREOF.
By clicking the “Agree” button below, you agree to be bound by the Terms of service and agree that BBP may collect and use information, including (without limitation) location, search,and other information, as described in the Bull Bear Profit Privacy Policy.
Bull Bear Profit Privacy Policy
Bull Bear Profit takes your privacy seriously. The following privacy policy is intended to provide you detailed information about the privacy of your information and how it’s secured on BullBearProfit.com. BullBearProfit.com (the “Site(s) and the Service”) and any other websites owned and operated by Bull Bear Profit (together “We” and “Us”).
You acknowledge that this Privacy Policy is part of our Terms and Conditions of Use, and by accessing or using our Site(s), as more fully described below, you agree to be bound by all of its terms and conditions. If you do not agree to these terms, please do not access or use our Site(s) and/or the Service.
We reserve the right to change this Privacy Policy at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, issuing an email to the email address listed by registered users and posting the revised Policy on this page. You acknowledge and agree that it is your responsibility to maintain a valid email address as a registered user, review this site and this Policy periodically and to be aware of any modifications. Your continued use of the Site(s) and/or Service after such modifications will constitute your (a) acknowledgment of the modified policy; and (b) agreement to abide and be bound by the modified policy.
Further, each time you use our Site(s) and/or the Service you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. “Processing” means using cookies on a computer or using information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States.
If you reside outside the U.S., your personally identifiable information will be transferred to the U.S., and processed and stored there under U.S. privacy standards. Each time you utilize the Site(s) and /or the Service and are providing information to us, you consent to such transfer to, and processing in, the U.S. If you have any questions or comments about this Privacy Policy or our use of your personally identifiable information, please contact us at suppport@BulBearProfit.com.
Why do we gather information?
We gather information that allows us to provide you the optimal experience with the Site(s) and the Service and to help us better understand what products and services you’re most interested in. We also do this to communicate with you and to manage your User account if you have one. To do this, we collect information that helps us understand your needs and preferences.
What type of information do we collect and how is it used?
Consumer Information. The contact information we collect comes directly from you. We may collect this information when you register on our website at BullBearProfit.com, complete a Bull Bear Profit Membership registration form, sign-up for a Bull Bear Profit webinars (live or recorded), purchase audio or video content from us, or fill out any other form on any of the Site(s) or through the Service or provide such information to one of our sales people or Coaches. We may also collect information that you provide about others, such as through a refer-a-friend program or on a friend/spouse who may be attending a class, webinar, or workshop with you.
We may use your contact information to provide you information about our products, special offers from our marketing alliances, newsletters, updates about our company (including changes to our privacy policy) and other communications we think may be of value to you.
If you provide us with your postal address, you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not wish to receive such mailings, please let us know by sending us an email at support@BulBearProfit.com or by calling us at 626.344.9732.
Except as specified for the efficiency of use of the Bull Bear Profit site at BullBearProfit.com, when you initially provide your contact information to us you will be given the choice of receiving periodic email communications from us or opting out of email communications. If you initially consented to receiving emails from us but would now like to change your preference, please let us know by sending us an email at support@BulBearProfit.com or by calling us at 626.344.9732..
Persons who supply us with their telephone numbers may receive telephone contact from us with information regarding new products and services or upcoming events. If you do not wish to receive phone calls from us in the future, please let us know by sending us an email at support@BulBearProfit.com or by calling us at 626.344.9732..
When you visit the Site(s) and use the Service, our servers automatically record your activity on the Site(s) and the Service (“Log Data”). This Log Data may include information such as your IP address, browser type or the domain from which you are visiting, the web-pages you visit, the search terms you use, and any advertisements on which you click. For most users accessing the Internet from an Internet service provider the IP address will be different every time you log on. We use Log Data to monitor the use of the Site(s) and the Service, and for technical administration. We do not associate your IP address with any other personally identifiable information to identify you personally, except in case of the investigation of a violation of the Terms of Use.
Do we share information collected with other third parties?
Again, we take your privacy very seriously and are committed to keeping your information safe and secure. We do not sell, license, lease or otherwise disclose your personal information to any third party for any reason except as noted earlier and as described below:
- Information may be shared with agents or contractors who assist in providing support for our internal operations.
- Information that you give us and information about your participation in the Site(s) and the Service may be combined with other personally identifiable information (such as demographic information and past purchase history) available from our records and other sources. This information will be used to make our future marketing efforts more efficient. This information is not shared with other marketers.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy policy. If our information practices materially change at some time in the future we will post the policy changes to the Site(s). To be updated on the latest changes we recommend you check this privacy section periodically. Every time you use or visit the Site(s) it will be presumed that you have reviewed and accepted the then current privacy policy.
The information we collect may be disclosed when we are legally required to do so, at the request of governmental authorities conducting an investigation, to verify or enforce compliance with the policies governing our website and applicable laws, or to protect against misuse or unauthorized use of our website.
You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e. your name, e-mail address, etc.) in the discussion forums or other public areas on the Site(s) or Service, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control and this Policy does not apply to such information. Any submissions to chat rooms or other public areas on the Site(s) are accepted with the understanding that they are accessible to all third parties. If you do not want your comments to be viewed by third parties, you are advised not to make any submissions. Ultimately, you are solely responsible for maintaining the secrecy of your password and/or account information. Please be careful and responsible whenever you’re online.
How do we protect and secure the information you provide to us?
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. Confidential information such as credit card numbers and financial data are not stored and only obtained with the permission of client to process transactions through 3rd party PCI compliant companies. All credit card transactions are performed through independent 3rd parties such as Pal Pal. Our Web server and database reside behind a firewall in a secure data center with offsite backup and fire protection.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.
Does this privacy policy apply to other websites that I can link to from the Bull Bear Profit websites?
Our Site(s) contains links to other websites that we do not control. This privacy policy does not apply to these linked websites. Therefore, you should review the privacy policy on each linked website. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites.
Will I be notified if there are changes to this Privacy Policy?
If changes are made to this privacy policy, these changes will be promptly posted on our Site(s) and a notice will be posted onto the Bull Bear Profit Privacy Policy website BullBearProfit.com/legal informing you of such a change. We will also attempt to email notice of the change, but we are not responsible for you receiving the email. You agree to accept posting of a revised privacy policy electronically on the website as notice to you. The effective date of this privacy policy can be found at the bottom of this document.
Our Policy Towards Children
Neither the Site(s) nor the Service are directed to persons under 18. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without their consent, he or she should contact us at support@BulBearProfit.com. We do not knowingly collect personally identifiable information from children under 18 without parental consent. If we become aware that a child under 18 has provided us with personal identifiable information without parental consent, we will delete such information from our files and terminate that individual’s use of the Service.
Last updated 04/30/2017
Disclaimer
This Bull Bear Profit no cost education is designed to give information necessary and/or relevant to investing the U.S. Stock Markets and is not intended to provide all the information required for investing. Investing involves a higher level of risk than other common forms of capital management such as long-term investments in stocks, bonds or mutual funds. Attaining proficiency in investing may take a long time to develop depending on the student’s capacity to understand the high degree of risk involved, aptitude for proper risk management to preserve capital, and potential to develop all necessary skills to create profitable results. The student must understand that actions taken in investing result in the loss of all capital and in cases that involve the use of extended buying power and margin, one may lose all capital and subsequently assume the liability of owing additional funds that are substantially more than the initial capital. Bull Bear Profit will not assume any responsibility due to losses an individual or group may incur as a result of attempting to follow any advice and/or recommendations given in this no cost or paid stock investment education. The Bull Bear Profit education, no cost or paid, does not guarantee success, and individuals or groups of users are solely responsible for any risks taken. Some information provided with this no cost or paid education, as with many training facts and techniques, may be time-sensitive. Some of the information provided may need updating as time passes due to new market regulations, the nature of changing markets, and improved strategy and or methods. Please request the most recent version if necessary. Testimonials used may not be representative of the experience of other clients. Stock investment examples are for illustrative purposes only. We do not recommend any of the references shown. Bull Bear Profit the company, owner, employees or partners are not responsible for inaccurate, misleading, or false information from companies, website, and other organizations referenced and are separate and independent entities. The prudent investor should diligently research all supplementary investment material to determine if the information or services provided fall in line with their own predetermined investment objectives. The disclaimer may be updated occasionally and the most recent terms can be found at https://bullbearprofit.com/legal/
Bull Bear Profit employees, management, coaches, and owner are not licensed financial planners or consultants. All stocks in the material presented are for educational purposes only and not recommendations to buy or sell any financial instrument.
TERMS AND CONDITIONS FOR PURCHASE OF WEBINAR SPECIAL OPTION 1
1. INTRODUCTION
The seller of WEBINAR SPECIAL OPTION 1 may be referred to as “BBP”, “us” or “we”. The purchaser of any Bull Bear Profit product or service here after may be referred to as client, end user, or you.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PURCHASING WEBINAR SPECIAL OPTION 1. The purchaser of any product or service of Bull Bear Profit is subject to the terms and conditions listed on this website. By using the purchasing the WEBINAR SPECIAL OPTION 1, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, do not purchase WEBINAR SPECIAL OPTION 1. In addition, when you use any of our current or future products or services, you will also be subject to our guidelines, terms, conditions and agreements applicable to those services.
1. By purchasing WEBINAR SPECIAL OPTION 1, you agree to pay $500.00 down, due day of webinar, then pay $250.00 every month for 10 consecutive months till entire balance of $ 2500.00 is paid in full.
2. If balance is never paid in full the purchaser will not receive the full version of the Bull Bear Profit Concept Calculator.
3. If balance is never paid in full the purchaser acknowledges and agrees that access to all educational material will be terminated.
4. If balance is never paid in full the purchaser acknowledges and agrees that Bull Bear Profit may submit a negative report to the credit reporting agencies.
5. Access to all educational material will be available for 1 year or: 1) as long as Bull Bear Profit remains in business or 2) as determined by Bull Bear Profit or 3) other un-controlled circumstances.
6. Purchaser understands that all educational material for the Ultimate Stock Trade Education (all levels) and Bull Bear Profit stock trade education is web (internet) based training and there are no written materials.
7. Purchaser hereby acknowledges that the Bull Bear Profit Concept Calculator BULL version only will be provided as a download when the initial down payment of $500.00 is received by credit card purchase only.
8. Purchaser hereby acknowledges that the Bull Bear Profit Concept Calculator FULL version will be provided as a download when the final payment is received that pays off the balance due.
Refund policy
1. There are no refunds or exchanges after purchasing WEBINAR SPECIAL OPTION 1. NO EXCEPTIONS.
2. There are no refunds for exchanges for partial payments already made during the 10 month payment period.