Privacy Policy & Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEBSITE AND THESE PRODUCTS AND SERVICES (AS DEFINED BELOW) YOU AGREE TO ABIDE BY THE TERMS OF USE (THIS “AGREEMENT” OR THESE “TERMS OF USE”) BETWEEN YOU AND US (AS DEFINED BELOW). IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THIS WEBSITE.
You (referred to as, “You”, “Member”, or “Student”) hereby acknowledge and agree as follows:
301 Brooks Avenue, individually, 301 Brooks Avenue, LLC, its websites thetradingreport.com, thewealthnerd.com, theoptionspecialist.com, optionbeast.com (“Website”), (collectively, “We”, “Us”, or “301 Brooks Avenue, LLC”) reserves the right to make changes or modifications to the 301 Brooks Avenue, LLC Website and this Agreement. Display of notice of changes online at 301 Brooks Avenue, LLC Website shall constitute effective notice under this Agreement on the day 301 Brooks Avenue places the changes online on its Website, and your continued use of the Website thereafter shall constitute your acceptance of such changes or modifications.
This Agreement applies to the purchase of products, use of services, and use of Website (the “Products and Services”) from 301 Brooks Avenue, LLC.
SECTION I
LICENSE GRANT
301 Brooks Avenue, LLC grants you a limited, non-exclusive, personal, non-assignable and non-transferable license to access and use the Products and Services, provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in the Agreement.
The Website includes, as applicable and without limitation:
The 301 Brooks Avenue, LLC online computer system including all electronic databases and services accessed by or through 301 Brooks Avenue, LLC on-line computer system, including the Community as defined below, and individual items within those databases or services which may constitute independent works of authorship;
All documentation, including user manuals, operations manuals and the like provided to you by or for 301 Brooks Avenue, LLC for use in connection with the on-line computer system; and
Any other courses, video presentations, audio presentations, slideshows, software, products, services, data or information provided by or obtained through 301 Brooks Avenue, LLC on-line computer system (collectively, “information”).
SECTION II
OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS
The Products and Services are the valuable, exclusive property of 301 Brooks Avenue, LLC, and nothing in this Agreement shall be construed as transferring or assigning any ownership rights in such property to you or any other person or entity. You have a license to use Products and Services, as long as you comply with the terms of this Agreement or until 301 Brooks Avenue, LLC terminates this Agreement or your access rights. Ownership of 301 Brooks Avenue, LLC and its Products and Services, and any documentation or information, shall remain at all times with 301 Brooks Avenue, LLC. 301 Brooks Avenue, LLC Website is protected by contract law and intellectual property law, including domestic and international copyright law, and all intellectual property rights in 301 Brooks Avenue, LLC Website belong to 301 Brooks Avenue, LLC or its licensors.
If 301 Brooks Avenue, LLC provides you with access identification, you may not allow concurrent use of the Products and Services by multiple users utilizing identical user identification numbers, or allow another person or entity to use your user identification number to access the Products and Services. You may not remove, alter or obscure any copyright, legal or proprietary notice in or on any portion of The 301 Brooks Avenue, LLC Website. You may store in the memory of your computer and may manipulate, analyze, reformat, print and/or display for your use only, the information received or accessed through Products and Services pursuant to this Agreement. You may not resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database. Unless separately and specifically authorized in writing by an officer of 301 Brooks Avenue, LLC, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share the Products and Services, any part thereof, or any of the information received or accessed there from, to or through any other person or entity. All rights not granted to you herein are expressly reserved by 301 Brooks Avenue, LLC or its licensors. 301 Brooks Avenue, LLC and its licensors reserve all rights to enforce its copyright and intellectual property rights.
SECTION III
TERMINATION
A. This Agreement and the limited license rights granted hereunder shall remain in full force and effect unless terminated or canceled for any of the following reasons:
1. Immediately by 301 Brooks Avenue, LLC for any unauthorized access or use by you, including, without limitation: concurrent access of 301 Brooks Avenue, LLC Website by multiple users utilizing identical user identification numbers; permitting another person or entity to use your user identification number to access 301 Brooks Avenue, LLC Website; or any other access or use of 301 Brooks Avenue, LLC Website except as expressly provided in this Agreement;
2. Immediately by 301 Brooks Avenue, LLC if you assign or transfer (or attempt to assign or transfer) any rights granted to you under this Agreement;
3. Immediately by 301 Brooks Avenue, LLC if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the software and/or data files contained in or accessed through, 301 Brooks Avenue, LLC Website;
4. Immediately by 301 Brooks Avenue, LLC if you transmit or receive using 301 Brooks Avenue, LLC Website (or cause the transmission or receipt of) any pornographic, obscene, disparaging, defamatory, or libelous information of any nature or form whatsoever, with respect to any other user, company, or any other person or business entity (301 Brooks Avenue, LLC, in its sole discretion, shall determine whether any information transmitted or received violates this provision);
5. Immediately upon discontinuance of Products and Services by 301 Brooks Avenue, LLC; or
6. Immediately by 301 Brooks Avenue, LLC if you violate any of the other terms and conditions of this Agreement.
B. Termination or cancellation of this Agreement shall not affect any other right or relief, to which 301 Brooks Avenue, LLC may be entitled, whether at law or in equity, regardless of the reason for cancellation or termination of this Agreement:
1. All rights granted to you will terminate and revert to 301 Brooks Avenue, LLC;
2. As requested by 301 Brooks Avenue, LLC, you agree to erase and destroy any copies of the Products and Services you have made; and
3. You agree to certify to 301 Brooks Avenue, LLC your compliance with these requirements in writing upon 301 Brooks Avenue, LLC request.
THE PROVISIONS CONTAINED IN THE LIABILITY SECTIONS OF THIS AGREEMENT SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IN NO EVENT SHALL 301 Brooks Avenue, LLC OR ITS AFFILIATES BE LIABLE FOR ANY LOSS OR LIABILITY, INCLUDING ANY FUTURE MONETARY LOSSES DUE TO YOUR USE OF THE PRODUCTS AND SERVICES.
SECTION IV
MONITORING
You acknowledge that 301 Brooks Avenue, LLC reserves the right to, and that 301 Brooks Avenue, LLC may from time to time choose to, monitor any and all information transmitted or received through and of the Products and Services. 301 Brooks Avenue, LLC, in its sole discretion and without further notice to you, may review, censor or prohibit the transmission or receipt of any information which 301 Brooks Avenue, LLC deems inappropriate (such as that specified in Section 3(A)(4) above,) or that 301 Brooks Avenue, LLC determines violates any term or condition of this Agreement.
301 Brooks Avenue, LLC may record and monitor any telephone or electronic communication for quality assurance purposes.
SECTION V
REGISTRATION
You are required to register to access the Membership site. Registration (by providing a valid email address, screen name and password, in addition to other information requested by us) is required if you want to access the site. We may refuse to grant to you, and you may not use, a screen name or email address that is already being used by someone else, impersonates another person, belongs to another person (without that person’s prior consent), violates the intellectual property or other rights of any person, is offensive for any reason, or that we reject for any other reason at our sole discretion. You may have only one screen name. You are responsible for maintaining the confidentiality of your password, and you will be held liable for all activities that occur under your screen name. If you become aware of any unauthorized use of your password or of your account, you agree to notify 301 Brooks Avenue, LLC immediately.
You agree that all information provided in your profile is accurate, true and complete. We may terminate your registration if any of the information you provide is found to be inaccurate, false or incomplete.
Content is for Informational Purposes
The results described in testimonials or otherwise on the Website or elsewhere by 301 Brooks Avenue, LLC are not indicative of the results individual investors may generally expect to achieve. Users should not expect to experience similar results.
NEITHER 301 Brooks Avenue, LLC NOR ANY THIRD PARTY HAS VERIFIED THE TRUTH OR ACCURACY OF THE RESULTS OR EXPERIENCES DESCRIBED IN THESE TESTIMONIALS.
Trading securities and other financial instruments can involve high risk and the loss of all amounts invested. Trading securities and other financial instruments on margin or with other forms of leverage or borrowings can result in losses in excess of the amount invested. Investment related information provided by any Student may not be appropriate for many investors, and is provided without respect to individual investor financial sophistication, financial situation, investing time horizon, or risk tolerance. Such information is for general information purposes only. None of such information is meant to constitute investment or financial advice.
Links to Third Party Sites
Links may be posted on the Website to other websites, which are not under the control of 301 Brooks Avenue, LLC. 301 Brooks Avenue, LLC is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such websites. Any such link on the Website does not imply 301 Brooks Avenue, LLC endorsement of the site, the organization operating such site, nor any products or services of that organization. Your linking to any off-site pages or other sites is entirely at your own risk.
301 Brooks Avenue also sells paid advertising in an online medium known as co-registration. You acknowledge that any business dealings you may have with advertisers found on or through 301 Brooks Avenue, LLC, including both free offers and offers that require payment for the delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the such advertiser. You agree that 301 Brooks Avenue, LLC, as defined above, 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 third-party advertisers on the service. We do not endorse or verify claims made by third-party advertisers and you may wish to consult with an independent, registered financial advisor or a licensed broker before buying or selling any security or investment recommended by an advertiser.
Content is Not Investment Advice
Each Member is responsible for conducting their own analysis on particular investments and making their own investment decisions. Under no circumstances can any Student of this Community or 301 Brooks Avenue, LLC or any affiliate of 301 Brooks Avenue, LLC be held responsible for a trading decision made by another person.
Prior to buying or selling an option, an investor should read and understand the booklet, “Characteristics and Risks of Standardized Options.” You can access and download a copy of the booklet on The Options/Clearing LLC’ (OOC) website at http:://www.theocc.com/publications/risks/riskchap1.jsp. This link reference as a courtesy and does not imply that The OCC is endorsing 301 Brooks Avenue, LLC or its products. This booklet is also available free from your broker or from any of the U.S. Options Exchanges.
SMS Opt-In Disclaimer: By providing your mobile number and opting in, you consent to receive SMS messages from us. Message frequency may vary. Message and data rates may apply. You can opt-out at any time by replying STOP to any message.
Personal information (mobile phone) will not be shared with third parties."