TERMS AND CONDITIONS OF USE
PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS OF USE, AS AMENDED FROM TIME TO TIME (“TERMS AND CONDITIONS”). BY ACCESSING THIS WEBSITE AND ANY PAGES THEREOF (THE “SITE”), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS. BY ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND CONDITIONS, UNDERSTAND THEM AND AGREE TO BE BOUND BY THEM. BY ACCESSING THE SITE, YOU AGREE TO ENTER INTO A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BULLISH CROSS, LLC (“BULLISH CROSS”) OR YOU, YOUR FIRM AND BULLISH CROSS, IF APPLICABLE, IN WHICH CASE, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO AGREE TO THE TERMS AND CONDITIONS ON BEHALF OF YOUR FIRM AND YOU INTEND FOR IT TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS.
1. Terms of Acceptance. Members agree to their monthly, quarterly or annual recurring membership fee which recurs every term until canceled. All members, by using the Bullish Cross website, agree to the following terms and conditions use.
2. Registration. By registering with the Site, you agree to provide, maintain and update information that is true, accurate, current and complete about yourself (and your firm, if you represent a firm) (“you”) at the time of registration and on an ongoing basis. During the registration process or through another means, you will be designated a username and password. In consideration for being granted a username and password and permitted access to the Site, you hereby acknowledge having read and understood the Terms and Conditions and agree to be bound hereby. Subsequent use of any username and password issued by Bullish Cross shall be deemed to constitute full acceptance by you of the Terms and Conditions. You are responsible for maintaining the confidentiality of your username and password, and are responsible for all activities that occur under your username and password, whether or not authorized by you. Bullish Cross will not be liable for any loss or damage arising from your use of the information contained on the Site.
3. Modifications. Bullish Cross may revise or remove any part of the Terms and Conditions, in its sole discretion, at any time, and without prior notice to you, by updating this posted version of the Terms and Conditions. You are responsible for regularly reviewing the Site for changes to the Terms and Conditions. Any changes are effective upon posting to the Site. IF YOU ARE DISSATISFIED OR DISAGREE WITH ANY CHANGES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF THE SITE. Your continued use after a change has been posted constitutes your acceptance of those changes.
4. Internet. Use of the Internet is solely at your own risk and is subject to all applicable Laws (as defined below). Bullish Cross has attempted to create a secure and reliable website, however, it is important to be aware that the confidentiality or privacy of any communication transmitted to or from the Site and over the Internet cannot be guaranteed. In this regard, you acknowledge and agree that, to the extent that the transfer of information to and from the Site is dependent on the use of the Internet, such information may be adversely affected by, among other risks, breaches in security, temporary loss, delay or inconsistency of service, loss of data and/or business interruption, and uncertain legal, regulatory and tax issues concerning the use of the Internet, all of which are beyond Bullish Cross’ control. Bullish Cross shall not be liable for any losses, damages, costs or expenses of any nature incurred by you or any other person as a result of your use of the Internet to access the Site.
5. Grant of License. You are provided with a limited, revocable, nonexclusive and nontransferable license to the Site conditioned upon your continued compliance with the Terms and Conditions. You may not sell, lease or rent access to or use of the Site. You shall not use the Site at any time for any purpose that is unlawful or prohibited and you shall comply with any applicable local, state, national or international statutes, rules, regulations, ordinances, decrees, laws, codes, orders, regulations, or treaties (“Laws”) when using the Site.
6. Intellectual Property Rights. Bullish Cross, its logos, and other trademarks, trade names, trade secrets, copyrights, patents and all other intellectual property and proprietary rights (“Intellectual Property”) included or displayed on the Site that identify Bullish Cross’ services and products are owned by Bullish Cross. The use of such Intellectual Property without the express written consent of Bullish Cross is strictly prohibited. Copyright in the pages and in the screens of the Site, the design, layout, “look and feel” and compilation of the Site is proprietary material owned by Bullish Cross, unless otherwise indicated. The unauthorized use or misappropriation of any Intellectual Property on the Site may violate numerous Laws, including, but not limited to, Intellectual Property Laws. Bullish Cross expressly authorizes you to copy electronically or print in hard copy the documents published on the Site for internal reference purposes or other non-commercial, personal use. You may not reproduce, modify, alter, distribute, sell, resell, transmit, license, assign or publish any information obtained on the Site. Nothing under the Terms and Conditions grants you any rights to the Site or Intellectual Property, except for the limited rights expressly granted in this Section 5, and all rights not specifically granted under this Section 5 are reserved by Bullish Cross.
7. Username and Password. Bullish Cross makes the Site available only to its clients and other persons expressly authorized by Bullish Cross. The Site contains confidential, nonpublic information and is intended only for the use of the individual or entity that has been specifically authorized to view the information. In consideration of being granted a username and password and permitted access to the Site, you hereby acknowledge having read and understood the Terms and Conditions and agree to be bound hereby. Subsequent use of any username and password issued by Bullish Cross shall be deemed to constitute full acceptance by you of the Terms and Conditions.
9. Third Party Information. From time to time, information, including news, company reports and other data, prepared by third parties may appear on the Site. You acknowledge and agree that such third party information is for your personal use only and that you will not retransmit or republish it in any form. You acknowledge that any such third party information is obtained from sources believed to be reliable, and is provided solely on a best efforts basis for your convenience, and that no representations, warranties or guarantees are made by Bullish Cross or any provider of such third party information as to the accuracy, completeness, timeliness or correct sequencing thereof. Third party information has been prepared as of the date(s) indicated and may become unreliable because of subsequent market or economic circumstances. Neither Bullish Cross nor the provider of such information is under any obligation to update such information or continue to offer such information.
10. Disclaimer of Warranties. THE SITE IS INTENDED TO BE A GENERAL INFORMATION RESOURCE ONLY AND YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE CONTENT CONTAINED IN THE SITE, INCLUDING LINKS OR OTHER ITEMS ARE PROVIDED "AS IS" AND "AS AVAILABLE." BULLISH CROSS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FREEDOM FROM COMPUTER VIRUS. BULLISH CROSS DOES NOT WARRANT THE ACCURACY, RELIABILITY, CURRENCY, ADEQUACY OR COMPLETENESS OF THE CONTENT AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT. BULLISH CROSS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, (A) THAT THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (B) THAT THE SITE WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR-FREE, ACCURATE OR RELIABLE, OR (C) AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE. CHANGES ARE PERIODICALLY MADE TO THE SITE AND TO THE CONTENT CONTAINED THEREIN. BULLISH CROSS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. NO INFORMATION OF ANY KIND OBTAINED BY YOU FROM THE SITE CREATES ANY REPRESENTATION OR WARRANTY.
11. Limitation of Liability. IN NO EVENT WILL BULLISH CROSS OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS (WHETHER BASED UPON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY) IRRESPECTIVE OF WHETHER BULLISH CROSS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
12. Indemnification. You agree to indemnify and hold harmless to the fullest extent permitted by Law, Bullish Cross, its directors, officers, shareholders, partners, affiliates, agents, representatives, employees, successors and assigns (each an “Indemnified Party”) from and against any and all claims, demands, proceedings, damages, liabilities, costs, losses, expenses, penalties and interest, including without limitation, reasonable attorney’s fees and costs to investigate any claim (collectively, “Loss”), in any way arising from, related to or in connection with your use of or access to the Site or your breach of the Terms and Conditions, unless an Indemnified Party incurred a Loss due to such Indemnified Party’s gross negligence, bad faith or willful misconduct.
14. Availability. The Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use is prohibited by local law or regulation.
15. Termination. Bullish Cross may, at any time, terminate your access to the Site, without providing advance notice or a reason for such termination.
16. Minors. This Website is not intended for individuals under the age of 18. If you are under 18 years of age, please do not use or access the Site at any time or any manner. By using the Site, you affirm that you are over the age of 18.
17. Other Agreements. Nothing contained herein shall supersede, alter or nullify the terms of any other agreement(s) you have made or will make with Bullish Cross.
18. Governing law, Choice of Forum and Injunctive Relief Use of the Site shall be governed by all applicable Federal laws of the United States of America and the laws of the State of California without giving effect to the conflict of laws provisions thereof. You hereby agree that Orange County, California shall be the exclusive jurisdiction and venue for any action arising out of the use of the Bullish Cross website. You hereby acknowledge and agree that Bullish Cross may be irreparably harmed if you violate any portion of the Terms and Conditions and that Bullish Cross shall be entitled to injunctive relief to enforce the Terms and Conditions. You hereby agree to waive any requirement for the securing or posting of any bond in connection with such remedy.
19. Disclaimers. THE INFORMATION CONTAINED ON THE SITE WAS PREPARED BY BULLISH CROSS. THE INFORMATION IS BELIEVED BY BULLISH CROSS TO BE RELIABLE AND HAS BEEN OBTAINED FROM PUBLIC SOURCES BELIEVED TO BE RELIABLE. BULLISH CROSS MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE FAIRNESS, ACCURACY, COMPLETENESS OR CORRECTNESS OF SUCH INFORMATION, NOR DOES BULLISH CROSS OR ANY OF ITS AFFILIATES ACCEPT ANY LIABILITY ARISING FROM ITS USE. OPINIONS, ESTIMATES AND PROJECTIONS ON THE SITE CONSTITUTE THE CURRENT JUDGMENT OF BULLISH CROSS AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. BULLISH CROSS HAS NO OBLIGATION TO UPDATE, MODIFY OR AMEND THE INFORMATION ON THE SITE OR TO OTHERWISE NOTIFY YOU IN THE EVENT THAT ANY MATTER STATED ON THE SITE, OR ANY OPINION, PROJECTION, FORECAST OR ESTIMATE SET FORTH HEREIN, CHANGES OR SUBSEQUENTLY BECOMES INACCURATE. THE INVESTMENT STRATEGIES DESCRIBED ON THE SITE INVOLVE SIGNIFICANT RISKS OF LOSS OF CAPITAL. THERE IS NO ASSURANCE THAT INVESTORS WILL RECEIVE BACK THE AMOUNT ORIGINALLY INVESTED BY FOLLOWING ANY SUCH INVESTMENT STRATEGIES AND MAY SUFFER A COMPLETE LOSS OF SUCH AMOUNT. PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS. THE RISKS DISCLOSED IN THIS SECTION 18 DO NOT INCLUDE ALL OF THE RISKS AND OTHER SIGNIFICANT CONSIDERATIONS OF THE INVESTMENT STRATEGIES DESCRIBED ON THE SITE. THE INFORMATION CONTAINED ON THE SITE PROVIDED HEREIN SHALL NOT FORM THE PRIMARY BASIS OF ANY INVESTMENT DECISION. EACH INVESTOR SHOULD INDEPENDENTLY CONFIRM SUCH INFORMATION, OBTAIN ANY OTHER INFORMATION DEEMED RELEVANT TO AN INVESTMENT DECISION AND CONSULT WITH THE INVESTOR’S OWN ADVISERS, AS THE INVESTOR DEEMS NECESSARY. INVESTORS SHOULD NOT TREAT THESE MATERIALS AS ADVICE IN RELATION TO LEGAL, TAXATION OR INVESTMENT MATTERS. THE INFORMATION CONTAINED ON THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.