Thank you for using the BullsNBears.com website and its associated content (“Website. BullsNBears provides you with a limited license to use the Website subject to the terms and conditions contained within this Terms of Service Agreement (“Agreement”).
THIS AGREEMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND YOU HAVE A DUTY TO READ THIS AGREEMENT.
By using the Website, you agree to be bound by the terms of this Agreement. If you do not agree with the terms of this Agreement, you must discontinue your use of the Website immediately.
BullsNBears reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time, without notice, and within its sole and absolute discretion. If BullsNBears replaces, modifies, or amends this Agreement, the Last Updated date, located above, will change. Your continued use of the Website after a change in its Last Updated date will constitute your manifestation of assent to the replacement, modification, or amendment.
YOU UNDERSTAND AND AGREE THAT BULLSNBEARS PROVIDES THE WEBSITE AS A SERVICE AND CANNOT BE HELD RESPONSIBLE FOR YOUR USE OF THE WEBSITE OR ANY CONTENT CONTAINED THEREIN. YOU ACKNOWLEDGE AND AGREE THAT NOTHING ON THE WEBSITE SHOULD BE CONSIDERED OR CONSTRUED AS ADVICE OR A RECOMMENDATION. YOU AGREE THAT BULLSNBEARS IS NOT AN INVESTMENT ADVISOR AND THAT, PRIOR TO MAKING ANY INVESTMENT DECISION OR RELYING ON THE COMMENTS OR ADVICE OF USERS OF BULLSNBEARS, YOU WILL EITHER CONSULT WITH AN INVESTMENT ADVISOR CERTIFIED UNDER THE LAWS OF YOUR NATION, STATE, PROVINCE, TERRITORY, OR CITY OR PERFORM YOUR OWN INDEPENDENT RESEARCH. YOU ARE RESPONSIBLE FOR YOUR OWN INVESTMENT DECISIONS.
You understand and agree that the Website contains information, including stock price information, that may be provided by third parties and that such information may be delayed according to the rules of any applicable exchange exchange. Market alerts should are not recommendations and should not be construed as such.
- User Warranties
Through your use of the Website, you warrant that you are either above the age of majority in your nation, state, province, territory, or city or the age of eighteen (18), whichever is greater. You warrant that you are of sound mind, have the capacity to contract, and agree to the terms and conditions contained within this Agreement. If you are using the Website on behalf of a business entity or third party, you warrant that you have actual authority to act as an agent of that business entity and third party and have the right and ability to agree on the terms of this Agreement on behalf of that third party or business entity.
- Limited License
The Website, including all intellectual property, personal, and proprietary rights, is the property of BullsNBears. Your use of the Website is limited by the license granted under this Agreement, and BullsNBears reserves all rights not expressly licensed under this Agreement. You agree that you will not use the Website in any manner not explicitly authorized by this Agreement.
BullsNBears provides you with a limited, non-exclusive, non-sublicensable, non-assignable, revocable, and royalty free license to use the Website for its customary and intended purposes. You are expressly prohibited from reproducing, preparing derivative works of, distributing copies of, publicly performing, and publicly displaying the Website.
You agree that any and all trademarks, trade names, design marks, or logos displayed on the Website by BullsNBears, including but not limited to BULLSNBEARS, are common law or registered trademarks, trade names, design marks, or logos owned by or licensed to BullsNBears. You are expressly prohibited from using the trademarks, trade names, design marks, or logos of BullsNBears to cause confusion, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of your goods or services. You are also expressly prohibited from using the trademarks, trade names, design marks, or logos of BullsNBears in domain names, in meta tags, as a keyword to trigger display or text advertisements, and in display or text advertisements. All other trademarks, trade names, design marks, or logos displayed on the Website are the property of their respective owners.
- User Accounts
BullsNBears may provide you with the ability to create a user account, which may provide you with access to additional areas of the Website that are not accessible to non-members (“User Account”). You understand and agree that you are solely responsible for access to your User Account and you are expressly prohibited from providing third parties with access to your User Account. In registering a User Account, you agree that you will provide BullsNBears with information that is accurate, current, and complete. You have an ongoing duty to update the information associated with your User Account if and when it changes. You have a duty to immediately notify BullsNBears if your User Account is accessed without your authorization.
BullsNBears may provide you with the ability to upload, contribute, or transmit user-generated content to or through the Website, including, but not limited to, text, comments, posts, profile information, stock preferences, stock information, photographs, images, videos, and audio files (collectively “User Generated Content”). You warrant that your User Generated Content will not (i) violate any law, statute, regulation, or ordinance, whether local, state, provincial, national, or international, (ii) violate any term or condition of this Agreement, or (iii) violate the rights of third parties, including intellectual property rights and any other personal or proprietary rights. By submitting User Generated Content to the Website, you grant BullsNBears a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website. The customary and intended purposes of the Website may include, but are not limited to, displaying the Website’s content to you or to third parties, providing the Website’s services to you or to third parties, and archiving or making backup copies of the Website. By submitting User Generated Content to the Website, you waive all moral rights or rights of publicity or privacy with respect to the User Generated Content submitted to the Website. When posting User Generated Content to the Website, you warrant that your User Generated Content will be accurate, truthful, non-deceptive, and complete.
BullsNBears reserves the right to suspend or terminate your User Account without notice, at any time, and in its sole and absolute discretion.
- Acceptable Use Policy
In using the Website, you agree to BullsNBears acceptable use policy. You are expressly prohibited from using the Website (i) outside of the terms or conditions of this Agreement, (ii) to violate any applicable law, statute, regulation, or ordinance, whether local, state, provincial, national, or international, or (iii) to violate the rights of third parties, including intellectual property rights and any other personal or proprietary rights. Additionally, you are prohibited from:
- Posting or transmitting any content that is harassing, abusive, obscene, offensive, sexually explicit, pornographic, vulgar, invasive, or defamatory;
b. Impersonating any person or business or your employment at any business;
c. Scraping, crawling, framing, posting unauthorized links to, aggregating, hacking, performing denial of service attacks on, reverse engineering, or circumventing technological protection measures of the Website;
d. Transmitting unsolicited commercial emails to third parties or users of the Website;
e. Obtaining or mining the personal data of third parties or users of the Website;
f. Posting or transmitting advertising materials, promotional materials, or other solicitations;
g. Using the Website to transmit racist content or hate speech;
h. Offering to buy or sell any security; and
i. Providing advice, making recommendations, or furnishing analyses on securities for compensation.
- Third Party Links and Content
You understand that the Website may contains links to third party websites or third content that is not owned, controlled, or created by BullsNBears. BullsNBears specifically disclaims liability or responsibility for any websites or content that is not owned, controlled, or created by BullsNBears and that may be accessible through the Website.
- Term and Termination
The term of this Agreement will begin upon the date that you first access the Website and will continue until BullsNBears either terminates your access to the Website or you cease using the Website and terminate your User Account. BullsNBears reserves the right to terminate the Website or your access to the Website without notice and in its sole and absolute discretion.
- Disclaimer of Warranties and Limitation of Liability
YOU AGREE THAT THE WEBSITE IS PROVIDED ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT, AND TITLE. YOU AGREE THAT BULLSNBEARS WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
YOU AGREE TO HOLD HARMLESS, INDEMNIFY, AND DEFEND BULLSNBEARS AND ITS OWNERS AND OPERATORS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, JUDGMENTS, CAUSES, FEES, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMTITED TO, YOUR VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT, YOUR VIOLATION OF ANY LAW, STATUTE, REGULATION, OR ORDINANCE, WHETHER LOCAL, STATE, PROVINCIAL, NATIONAL, OR INTERNATIONAL, OR YOUR VIOLATION OF THE RIGHTS OF A THIRD PARTY. YOUR OBLIGATION TO DEFEND BULLSNBEARS UNDER THIS AGREEMENT WILL NOT PROVIDE YOU WITH THE RIGHT TO CONTROL BULLSNBEARS DEFENSE. BULLSNBEARS RESERVES THE RIGHT TO CONTROL ITS DEFENSE, INCLUDING, BUT NOT LIMITED TO, BULLSNBEARS CHOICE OF COUNSEL AND THE CHOICE TO SETTLE OR LITIGATE A CLAIM.