You (referred to as, “You” or “SUBSCRIBER”), by and through your use of any of the following: SWAAP LLC or BUBBA TRADING INC Websites, (hereinafter “Website” or “Websites”), including but not limited to thebubbashow.org and bubbatrading.com and as further defined below), purchase of SWAAP LLC, BUBBA TRADING INC. or THE BUBBA SHOW (hereinafter SWAAP LLC, BUBBA TRADING, INC. and THE BUBBA SHOW are collectively referred to as “PROVIDER” or “PROVIDERS”) products, use of PROVIDERS’ services (hereinafter collectively “Product and Services”), hereby acknowledge and agree as follows: PROVIDERS reserves the right to make changes or modifications to its Websites, Products and Services, and to this Agreement. Any changes or modifications made to the Websites and this Agreement shall become effectively immediately upon being published on the Websites, and that publishing shall constitute effective notice under this Agreement. Your continued use of the Website following any changes or modifications shall constitute your acceptance of such changes or modifications.
It is hereby acknowledged that SWAAP LLC and BUBBA TRADING INC. or any of its subsidiaries are not registered investment advisors or broker/dealers. All content provided on the Websites is provided for information purposes only and does not represent personalized investment advice. The information provided are only opinions of PROVIDER based on sources believed to be reliable and are written in good faith, but no warranty or representation, expressed or implied, is made as to their accuracy. You agree that PROVIDER is not advocating or soliciting the purchase or sale of securities. There are risks associated with any investment and we strongly encourage readers to supplement the information in these articles, special reports, and newsletters with independent research and other professional advice before investing in any security.
SECTION I LICENSE GRANT
PROVIDER grants the SUBSCRIBER 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, but is not limited to:
- All content and information available on the Websites (bubbatrading.com and thebubbashow.org) including all electronic databases and services accessed by or the Websites, 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 accessed by the SUBSCRIBER through the Websites;
- Any and all links to third party sites or automatic trade services; and
- Any other courses, video presentations, audio presentations, slideshows, software, products, services, data or information provided by or obtained through the Websites (collectively, “Information”).
SECTION II OWNERSHIP, USE AND INTELLECTUAL PROPERTY RIGHTS
The Information, Products and Services are the valuable, exclusive property of PROVIDER, 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 limited license as described in Section I to use Products and Services, as long as you comply with the terms of this Agreement or until PROVIDER terminates this Agreement or your access rights. Ownership of PROVIDER and its Products and Services, and any documentation or information, shall remain at all times the exclusive property of PROVIDER.
SUBSCRIBER shall not allow or permit any other person(s) or entity to utilize or the SUBSCRIBER’s account, and shall not disclose SUBSCRIBER’s user access identification or allow another person or entity to use your user identification number to access the Websites, Products and Services. SUBSCRIBER 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 SWAAP LLC or BUBBA TRADING INC., you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time- share the Information, 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 PROVIDER or its licensors. PROVIDER and its licensors reserve all rights to enforce its copyright and intellectual property rights.
SECTION III TERMINATION
A. The limited license rights granted hereunder shall remain in full force and effect unless terminated or canceled for any of the following reasons:
- For any unauthorized access or use by you, including, without limitation: any authorized use of your SUBSCRIBER account; multiple users accessing identical user identification numbers; permitting another person or entity to use your user identification number to access PROVIDERS’ products and services; or any other access or use of the PROVIDERS’ Products and Services except as expressly provided in this Agreement;
- Upon SUBSCRIBER to assign or transfer (or attempt to assign or transfer) any rights granted to you under this Agreement;
- Failure 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, PROVIDER Products and Services and/or Website(s);
- If SUBSCRIBER were to transmit or receive using PROVIDER Website(s) (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 (PROVIDER in its sole discretion, shall determine whether any content transmitted or received violates this provision);
- Upon the discontinuance of Products and Services by PROVIDER;
- For violation any of the other terms and conditions of this Agreement.
B. PROVIDER may terminate your access to the service at any time at its sole discretion, provided we provide a pro-rated refund for any paid service.
C. Termination or cancellation of this Agreement shall not affect any other right or relief, to which PROVIDER may be entitled, whether at law or in equity, regardless of the reason for cancellation or termination of this Agreement.
THE PROVISIONS CONTAINED IN THIS AGREEMENT SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IN NO EVENT SHALL SWAAP LLC OR BUBBA TRADING INC 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 PROVIDER reserves the right to, and that PROVIDER may from time to time choose to, monitor any and all information transmitted or received through the Websites and through its Products and Services. PROVIDER, in their sole discretion and without further notice to you, may review, censor or prohibit the transmission or receipt of any information which PROVIDER deems inappropriate (such as that specified in Section 3(A)(4) above,) or that PROVIDER determines to be in violation any term or condition of this Agreement.
PROVIDER may record and monitor any telephone or electronic communication for quality assurance purposes.
SECTION V REGISTRATION
You are required to register to access the Website, Products and Services. 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 PROVIDER 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.
SECTION VI DISCLAIMERS
A. Content is for Informational Purposes
The results described in testimonials or otherwise on the Website or elsewhere by PROVIDER are not indicative of the results individual investors may generally expect to achieve. Users should not expect to experience similar results.
NEITHER PROVIDER 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 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.
B. Links to Third Party Sites
Links may be posted on the Website to other websites, which are not under the control of PROVIDER. PROVIDER is not responsible for the content 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 PROVIDER’s endorsement of the site, the organization operating such site, nor any products or services of that organization. SUBSCRIBER’s linking to any off-site pages or other sites is entirely at your own risk.
Bubba Trading Inc and The Bubba Show also sells paid advertising. Any business dealings SUBSCRIBER may have with advertisers found on or through PROVIDER, 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 advertiser. You agree that PROVIDER shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. 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.
C. Content is Not Investment Advice
Each SUBSCRIBER is responsible for conducting their own analysis on any and every investment and makes their own investment decisions. Under no circumstances can PROVIDER or any affiliate of PROVIDER be held responsible for a trading decision made by a SUBSCRIBER.
We encourage our SUBSCRIBERS to invest carefully and to utilize the information available at the websites of the Securities and Exchange Commission (SEC) at http://www.sec.gov, and the National Association of Securities Dealers (NASD) at htpp://www.nasd.com. You can review public companies’ filings at the SEC’s EDGAR page. The NASD has published information on how to invest carefully at its website.
PROVIDER is not affiliated with any brokerage firm and does not endorse or recommend any specific brokerage firm. PROVIDER is not and will not be responsible for any trades made by a broker on the SUBSCRIBER’s behalf under any circumstances.
E. Automatic Trades
As part of its Products and Services, PROVIDER offers a service whereby SUBSCRIBERS can initiate trades which are executed through a third-party broker. PROVIDER shall not have any liability of any kind or nature whatsoever to SUBSCRIBER for SUBSCRIBER’s initiating, making entering and/or executing orders, and SUBSCRIBER shall never attempt to nor shall SUBSCRIBER hold either PROVIDER for SUBSCRIBER’s respective actions or inactions in accordance with any trades made through the Websites, Products and Services. SUBSCRIBER hereby releases PROVIDER from any and all liability to YOU or to anyone claiming through YOU with respect to any damage, loss, cost, expense or liability of any kind or nature whatsoever sustained or alleged to have been sustained as the result of trades initiated, executed or attempted to be initiated or executed, and YOU hereby agree to indemnify PROVIDER and hold them free and harmless from any and all loss, damage, expense, liability or damage or any kind or nature whatsoever arising therefrom.
F. Your Personal Information
By using the Products and Services, you may be supplying us with “personal information.”
Periodically, PROVIDER may send you information regarding the Products and Services through direct mailings or e-mails. If you do not want to be included on the PROVIDER marketing lists, you may opt out through the unsubscribe link at the bottom of the emails, by sending an e-mail to Bubba@thebubbashow.org or by mail to Bubba Trading Inc. at 118 P.O.Box 7202, Deerfield, Illinois 60015, stating that you do not want to be included on the SWAAP LLC, Bubba Trading Inc and The Bubba Show marketing list.
SECTION VII FORCE MAJEURE
NO LIABILITY FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; FORCE MAJEURE
In no event shall PROVIDER, or any of their officers, directors, employees, affiliates, representatives, subcontractors, successors or assigns be held liable for (i) delays or failures in performance (ii) indirect, consequential, exemplary, or punitive damages or (iii) any loss of any kind caused, directly or indirectly, by any Force Majeure Event, and the Lessee unconditionally waives any right it may have to claim or recover such damages (even if the SUBSCRIBER has informed PROVIDER of the possibility or likelihood of such damages). “Force Majeure Event” shall mean any act beyond PROVIDERS’ control, including any earthquake, flood, severe or extraordinary weather conditions, natural disasters or other act of God, epidemics, pandemics, fire, acts of war, acts of civil or military authority, acts of foreign or domestic terrorism, insurrection, riot, strikes, labor disputes or similar problems, accident, action of government, government restriction, market regulation, communications, system or power failures, cybersecurity incident, equipment or software malfunction, or other acts or causes reasonably beyond the control of PROVIDER.
SECTION VII LIMITATION OF LIABILITY AND DISCLAIMER OF CONSEQUENTIAL DAMAGES
BUBBA TRADING INC and SWAAP LLC SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED OR INCURRED IN CONNECTION WITH THE USE THE PRODUCTS AND SERVICES.
YOU ALSO AGREE THAT THE PROVIDER SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCTS AND SERVICES FOR ANY PURPOSE WHATSOEVER, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE ABOVE PROVISIONS, IF THERE SHALL AT ANY TIME BE OR ARISE ANY LIABILITY ON THE PART OF PROVIDER BY VIRTUE OF THIS AGREEMENT OR BECAUSE OF THE RELATIONSHIP THEREBY ESTABLISHED, WHETHER DUE TO THE NEGLIGENCE OF PROVDER OR ITS AFFILIATES OR OTHERWISE, SUCH LIABILITY IS AND SHALL BE LIMITED TO $100.00, AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. YOU ACKNOWLEDGE AND AGREE THAT PROVIDER WILL USE REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH PROVIDER OR THE PRODUCTS AND SERVICES. HOWEVER, YOU HEREBY ASSUME ALL RESPONSIBILITY (AND HEREBY HOLD PROVIDER HARMLESS) FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON YOUR COMPUTER EQUIPMENT, BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS. THE PROVISIONS CONTAINED IN THIS LIABILITY SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
SECTION IX HOLD HARMLESS & INDEMNIFICATION
HOLD HARMLESS – INDEMNIFICATION: SUBSCRIBER, individually and on behalf of his, her, or its partners, shareholders, directors, officers, employees, agents, independent contractors, legal representatives, successors, and assigns, agrees to save, hold harmless, and indemnify the PROVIDER, its shareholders, directors, officers, employees, agents, affiliates, subsidiaries, independent contractors, successors, and assigns from any and all claims, actions, demands, causes of action, debts, obligations, and liabilities of any nature, whether existing or potential, known or unknown, both to person and to property, at law or in equity, arising out of the use of the Website or Products and Services.
SECTION X NO CONFLICTING TERMS
If there is any conflict between this Agreement, any purchase order, communication, manuals or other documents relating to PROVIDER or its Products and Services, this Agreement shall govern, whether such order or other documents is prior to or subsequent to this Agreement, or is signed or acknowledged by PROVIDER.
SECTION XI ATTORNEY’S FEES
If PROVIDER takes action (by itself or through its representatives) to enforce any of the provisions of this Agreement, including collection of any amounts due by SUBSCRIBER for the use and/or purchase of Products and Services hereunder, in addition to all sums to which it is entitled or any other relief, at law or in equity, PROVIDER shall be entitled to recover from you and you agree to pay, reasonable and necessary attorney’s fees, interest, and all costs of any litigation.
SECTION XII GOVERNING LAW, LIMITATIONS, AND VENUE
This Agreement shall be governed by the laws of the State of Illinois. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of Products and Services contemplated by this Agreement must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action may only be brought in the state or federal courts located in Lake County, Illinois, and you agree to submit to the exclusive personal jurisdiction of such courts.
SECTION XIII SEVERABILITY
If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce this Agreement.
SECTION XIV INTERPRETATION
This Agreement shall be construed reasonably to carry out its intent without presumption against or in favor of either party. If any provision hereof shall be declared invalid by a court or in any administrative proceedings, then the provisions of this Agreement shall be construed in such manner so as to preserve the validity hereof and the substance of the transaction herein contemplated to the extent possible. The paragraph and/or section headings and the arrangement of this Agreement is for the convenience of the parties hereto and do not in any way affect, limit, amplify or modify the terms and provisions hereof.
SECTION XV WAIVER OF JURY TRIAL
You agree that the respective parties hereto shall and they hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties hereto against the other concerning any matters whatsoever arising out of or in any way connected with this Agreement.
SECTION XVI PRONOUNS AND HEADINGS
Every pronoun used in this Lease shall be construed to be of such number and gender as the context shall require. The headings appearing on the margin of this Lease are intended only for convenience of reference, and are not to be considered in construing this instrument.
SECTION XVII ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties regarding the subject Matter hereof, and no other agreement as to such subject matter, written or oral, exists.