The services offered on Borntosell.com include information, tools, functionality, features, content, applications offered from time to time by Born To Sell in connection with the Site, email newsletters and emails with special offers by Born To Sell and third parties, updates about the Site, contests and other offerings (collectively, the "Service").
By using the Service, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse Borntosell.com), a "Subscriber" (which means that you have subscribed to receive one or more premium online subscription (each a "Premium Online Subscription") or you are a "Member" (which means that you have registered with Born To Sell). The term "you" or "User" refers to a Visitor, Subscriber or a Member. If you wish to become a Member or Subscriber, communicate with other Members or Subscribers and make use of the Service, you must read this Agreement and indicate your acceptance during the registration or subscription process.
If and when you register to become a Member or a Subscriber, you agree to: (a) provide true, accurate, complete, and current information (such information being the "Registration Data" or the "Subscription Data") and (b) maintain and promptly update the Registration Data or Subscription Data to keep it true, accurate, current, and complete. You acknowledge and agree that, if any information provided by you is untrue, inaccurate, not current or incomplete, Born To Sell reserves the right to terminate your membership, subscription and/or your use of the Site.
You may not use the Service and you may not accept this Agreement if you are not of a legal age or otherwise unable to form a binding contract with Born To Sell. Your Membership or Subscription may be terminated without warning, if we believe that you are unable to form a binding agreement with Born To Sell.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a copy of this Agreement for your records.
The Service is a collection of software applications that allows Subscribers to search for potential covered call investments and track their portfolio of covered call investments on Borntosell.com.
The Service is provided to you by Born To Sell as a paid-for subscription service (it is not free, except for the 2 week free trial period) and is meant as a research aid. It is not intended to provide, and shall not be construed as providing, legal, tax or financial advice.
If and when you elect to purchase any Premium Online Subscription from Borntosell.com, you may be required to provide personal financial information such as credit card and billing information (such information being the "Personal Financial Information") to an independent third party company (or companies) selected by Born To Sell. You acknowledge and agree that any Personal Financial Information you provide on the Site shall be governed by the terms of service of the applicable independent third party company responsible for collecting, transmitting and/or processing your Personal Financial Information. You should review the terms of service of the applicable independent third party company prior to placing your order. You must be of the legal age of consent in the State where the use is being conducted or older to submit Personal Financial Information on the Site. You are responsible for any and all changes to your account.
If you subscribe to any Premium Online Subscription of Borntosell.com, your subscription will be automatically renewed and the credit card you used to subscribe for such subscription will be charged per the billing cycle of your subscription (e.g. Monthly, Quarterly, Annually), unless you cancel the subscription prior to the renewal date. You may review your account and subscriptions by logging into the Site with your username/password and then going to the Account tab, and may cancel your subscription(s) in the manner stated below in this agreement. The renewal charge shall be the same as the original signup price, unless you are otherwise notified in advance. When you request termination, there is no refund for any unused portion of the current subscription.
You acknowledge and agree that the authorization to charge your credit card for subscription charges shall automatically transfer to any successors or assigns of Born To Sell for substantially similar services at the same or similar Site. You may not assign or transfer your subscription to any other person or entity. Some subscription options include a free trial period. You are allowed only one free trial period. Subsequent subscriptions or upgrades do not qualify for additional free trials.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your username, allows you to access the Service. That username and password, together with any other contact information you provide, form your "Registration Information."
By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the email or through a link to the appropriate page on our Site, accessible through any standard, commercially available Internet browser.
You are entirely responsible for maintaining the confidentiality of your Registration Information. If you become aware of any unauthorized use of your Registration Information, you agree to notify Born To Sell immediately at the email address email@example.com.
Your right to access and use Borntosell.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use Borntosell.com for lawful purposes.
You may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate.
Your access and use of Borntosell.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Borntosell.com or other actions that Born To Sell, in its sole discretion, may elect to take.
Born To Sell may from time to time provide automatic alerts and voluntary account-related alerts.
Automatic alerts may be sent to you following certain changes made online to your Born To Sell account, such as a change in your Registration Information.
Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Born To Sell may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
Electronic alerts will be sent to the email address you have provided as your primary email address for Borntosell.com. If your email address or your mobile device's email address changes, you are responsible for informing us of that change. Changes to your email address will apply to all of your alerts.
Because alerts are not encrypted, we will never include your password. However, alerts may include your Borntosell.com Username and some information about your account. Depending upon which alerts you select, information such as your portfolio balance may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
By submitting information, data, passwords, usernames, materials and other content to Born To Sell through the Service, you are licensing that content to Born To Sell solely for the purpose of providing the Service. Born To Sell may use and store the content, but only to provide the Service to you. By submitting this content to Born To Sell, you represent that you are entitled to submit it to Born To Sell for use for this purpose, without any obligation by Born To Sell to pay any fees or other limitations.
The contents of Borntosell.com, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of Borntosell.com belong or are licensed to Born To Sell or its software or content suppliers (the "Borntosell Content"). Born To Sell grants you a limited, revocable, nonsublicensable license to use the Borntosell Content (excluding software code) solely for your personal use in connection with viewing the Site and using the Service. You may download or print a copy of information provided on Borntosell.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from Borntosell.com in whole or in part for any other purpose is expressly prohibited without our prior written consent by contacting Born To Sell at firstname.lastname@example.org.
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Borntosell.com or any portion of Borntosell.com, without Born To Sell's express written consent, which may be withheld in Born To Sell's sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Borntosell.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers;
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Borntosell.com or the Service; or
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Borntosell.com or the Service.
Borntosell obtains certain of its Borntosell Content from Telvent DTN, Inc., a Delaware corporation ("Telvent"), which it uses on the Borntosell.com website. Telvent does not endorse, sponsor, certify or approve of any content that it does not provide Borntosell and that is included on Borntosell.com or any other website, service or products that may be advertised in or near the information provided by the Telvent.
NEITHER TELVENT NOR ANY OF ITS SOURCES MAKES ANY WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED OR IMPLIED, WITH RESPECT TO THE INFORMATION, SOFTWARE, OR MARKET DATA TO BE PROVIDED TO BORNTOSELL, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY AS TO THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION, SOFTWARE, OR MARKET DATA FOR ANY PARTICULAR USE OR PURPOSE, OR ANY WARRANTY THAT SUCH PRODUCTS OR SERVICES MAY BE RELIED UPON FOR TRADING PURPOSES. IN NO EVENT WILL TELVENT OR ANY OF ITS SOURCES BE LIABLE FOR ANY LOSS, LIABILITY, DAMAGE OR EXPENSE IN CONNECTION WITH THE INFORMATION PROVIDED TO BORNTOSELL OR THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE BY TELVENT OR ITS SOURCES, AND IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF TELVENT OR ITS SOURCES UNDER THIS AGREEMENT (INCLUDING ANY ADDENDA) EXCEED THE TOTAL SERVICE FEES PAID BY BORNTOSELL TO TELVENT DURING THE PRECEDING ONE MONTH PERIOD. IN NO EVENT WILL TELVENT, ITS SOURCES, OR THEIR MEMBERS, OFFICERS, SHAREHOLDERS, DIRECTORS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFIT OR LOSS OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION PROVIDED TO BORNTOSELL, EVEN IF TELVENT HAS BEEN ADVISED OF THE POSSIBILLITY OF SUCH DAMAGES. BORNTOSELL WILL INDEMNIFY AND HOLD HARMLESS TELVENT AND ITS SOURCES FROM ANY CLAIM (NOT EXCLUDING THE RIGHT OF TELVENT OR ITS SOURCES TO PARTICIPATE) DUE TO BORNTOSELL’S BREACH OF ANY PROVISION UNDER THIS AGREEMENT, OR DUE TO ANY DELAY, INACCURRACIES, ERRORS, OR OMISSIONS OF INFORMATION OR SERVICES PROVIDED BY TELVENT, AND SHALL PAY FOR ALL EXPENSES AND ATTORNEYS’ FEES RELATING TO SUCH CLAIM (INCLUDING CLAIMS MADE BY BORNTOSELL’S SUBSCRIBERS).
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH BORNTOSELL.COM OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. BORN TO SELL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF BORNTOSELL.COM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
BORN TO SELL MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON BORNTOSELL.COM OR OF THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. BORN TO SELL MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
NEITHER BORN TO SELL NOR THE SERVICE IS INTENDED TO PROVIDE, AND SHALL NOT BE CONSTRUED AS PROVIDING, LEGAL, TAX OR FINANCIAL ADVICE. BORN TO SELL IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR.
The Service is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. Born To Sell does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that Born To Sell shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
BORN TO SELL SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO BORNTOSELL.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF BORN TO SELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, BORN TO SELL'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
You shall defend, indemnify and hold harmless Born To Sell and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
This Agreement will continue to apply until terminated by either you or Born To Sell as set out below. If you want to terminate your legal agreement with Born To Sell, you may do so by canceling your subscription for the Service.
You may cancel your subscription by logging in to your Born To Sell account, and going to the Account tab. You will see a button called "Cancel Subscription" which you can click and follow the instructions to cancel your subscription. Your subscription will be canceled and your ability to log in to the Site deactivated when your current subscription period ends.
Born To Sell may at any time, terminate this Agreement with you and your access to the Site:
- if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
- if Born To Sell in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
- immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
Born To Sell may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on Borntosell.com. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
This Agreement, and your relationship with Born To Sell under this Agreement, shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Any dispute with Born To Sell, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of California within the county of Santa Clara, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Born To Sell may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Born To Sell is able to offer the Service at the terms designated and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with Born To Sell, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement to the extent allowed by applicable law:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Born To Sell does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Born To Sell has the benefit of under any applicable law), this will not be taken to be a formal waiver of Born To Sell's rights and that those rights or remedies will still be available to Born To Sell.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
Born To Sell makes no representation that materials on the Site are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable.
Software available in connection with the Services (the "Software") is further subject to United States of America export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
This Agreement represents the entire understanding and agreement between you and Born To Sell regarding the subject matter of the same, and supersedes all other previous agreements.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAIN ABOVE.