You agree to the terms of service below, and the Terms of Use for Substack, the technology provider.
TERMS & CONDITIONS
OVERVIEW
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND OUR TERMS OF USE AND CONDITIONS OF SALE (“TERMS” OR “AGREEMENT”) BEFORE ACCESSING, USING, PLACING AN ORDER, OR MAKING A TRANSACTION THROUGH OUR
WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND
LIMITATIONS OF LIABILITIES (SEE SECTIONS 15 AND 16). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
Your use of optionhacker.com, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by BZB Enterprises, Inc. (BZB Enterprises, Inc or OptionHacker.com,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below.
Please read our terms carefully. We offer the Website, including all information, tools, products, course materials, curriculums, interactive materials, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, placing an order, or making a transaction over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER
PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY
TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS
MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS
SPECIFIED BELOW IN SECTION 17 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW
THE DISPUTE RESOLUTION PROVISIONS IN SECTION 17 BELOW, WHICH
DESCRIBES
YOUR RIGHT TO OPT-OUT.
You can review the most current version of the Terms at any time on this page: [TERMS URL]. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for
changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
TABLE OF CONTENTS
Overview
Table of Contents
1. Website Use
2. Privacy and Security Disclosure
3. General Conditions and Website User Conduct Restrictions
BZB Enterprises, Inc
Website Terms of Use [and Conditions of Sale]
Rev. 03/16/2024
Page 2
4. No Investment Recommendations or Professional Advice
5. Securities & Investing Disclosure; Hypothetical Performance Results Disclosure; Trade Alerts Disclosure
6. Education Disclosure
7. Modifications to the Website and Prices
8. Account Registration
9. User Communications
10. Order Placement and Acceptance; Subscription Billing Disclosure
11. Refund Policy
12. Payment
13. Social Media
14. Digital Millennium Copyright Notice
15. DISCLAIMER OF WARRANTIES
16. DISCLAIMER OF LIABILITIES
17. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS
ACTION WAIVER
18. Indemnification
19. Third-Party Websites and Links
20. Testimonials, Reviews, and Other Submissions
21. Electronic Communications
22. Assignment
23. No Waiver
24. Severability
25. Termination
26. Entire Agreement
27. Questions or Additional Information
TERMS OF USE AND CONDITIONS OF SALE
1. Website Use
By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.
2. Privacy and Security Disclosure
BZB Enterprises, Inc’s Privacy Policy may be viewed here: [PRIVACY POLICY URL]. The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.
3. General Conditions and Website User Conduct Restrictions
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it. You agree not to use or attempt to use the Website or any products or services in any unlawful manner or for any unlawful purpose. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, abusive, obscene, or defamatory material; (3) soliciting others to perform or participate in any unlawful acts; (4) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (5) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (6) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (7) submitting false or misleading information; (8) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (9) collecting or tracking the personal information of others; (10) interfering with or circumventing the security features of the Website; or (11) any other unlawful act.
BZB Enterprises, Inc reserves the right to terminate your access to the Website or any of its products or services if it determines that you (1) do not comply with these Terms; (2) provide false, inaccurate, or incomplete information during our registration process; (3) engage in any conduct that would otherwise harm any of BZB Enterprises, Inc’s rights or interests in its Website, products, services, or other property; or (4) for any or no reason whatsoever without prior notice to you. BZB Enterprises, Inc may take any other actions necessary in this regard or seek any remedies permitted by law.
4. No Investment Recommendations or Professional Advice
BZB Enterprises, Inc does not provide personalized investment advice or execute trades on your behalf, and is not a broker-dealer or investment advisor. Neither the Website nor any of BZB Enterprises, Inc’s products or services are intended to provide tax, legal, insurance, or investment advice. None
of the content provided on the Website or through any of BZB Enterprises, Inc’s products or services should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by BZB Enterprises, Inc or any third party. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult a registered investment advisor, attorney, or tax professional regarding your particular financial situation, investing strategies, or specific legal or tax situation. To the extent that any of the content published on the Website may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person.
You understand that an investment in any security is subject to a number of risks and that discussions of any security published on the Website will not contain a list or description of relevant risk factors. You understand that performance data is supplied by sources believed to be reliable, that the calculations on our Website are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete. From time to time, our Website may reference prior articles and opinions that we have published. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon. All content on the Website is presented only as of the date published or indicated and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
5. Securities & Investing Disclosure; Hypothetical Performance Results Disclosure; Trade Alerts Disclosure
This Website provides information about the stock market and other investments. All investments involve risk that losses may exceed the invested amount and that the past performance of a security, industry, sector, market, or product does not guarantee future results
or returns. YOU ACKNOWLEDGE THAT STOCK, FUTURES, AND OPTION TRADING INVOLVES HIGH RISKS THAT MAY RESULT IN YOUR LOSS OF LARGE SUMS OF MONEY.
When investing in stocks or purchasing options, you may lose all of the money you invested.
When investing in futures, you may lose more than the funds you invested. Being a successful
“paper trader” or “paper investor” during one period of time does not mean that you will make money when you actually invest during a later time period. Market conditions constantly change. The information set forth on this Website is not an invitation to trade any specific security or class of securities. Investing requires risking money in pursuit of future gain. That is your decision, and you are solely responsible for your investment decisions. Do not risk any money you cannot afford to lose. This Website does not take into account your own individual financial and personal circumstances. You are encouraged to consult with a qualified investment professional regarding any trading strategy or a particular trade. Your failure to seek professional, detailed and personally-tailored advice prior to making any investment could result in actions contrary to your best interests and loss of capital. We make no representation that you will or are likely to achieve profits or losses similar to those presented on this Website. This Website is for informational purposes only and does not provide investment advice. The owner of this Website does not fall within the federal or state definition of an investment adviser and is not registered as such. Hypothetical or simulated performance results have many inherent limitations, some of which are mentioned below, and there are frequently sharp differences between hypothetical performance results and actual results subsequently achieved by any particular trading program. Unlike an actual performance record, simulated results do not represent actual trading. Since the trades have not actually been executed, the results may have under- or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of the trading losses are material points, which can also adversely affect trading results. There are numerous other factors related to the market in general or to the implementation of any specific trading program that cannot be fully accounted for in the preparation of hypothetical performance results all of which can adversely affect actual trading results. The Website may contain information regarding some of our successful hypothetical trades. We also have hypothetical trades where we lost money (not including fees and commissions). Past results are not necessarily indicative of future results. For customers trading options, the futures charts are presented for informational purposes only. They are intended to show how investing in options can depend on the underlying futures prices; specifically, whether or not an option purchaser is buying an in-the-money, at-the- money, or out-of-the-money option. Furthermore, the purchaser will be able to determine whether or not to exercise his or her right on an option depending on how the options strike price compares to the underlying futures price. The futures charts are not intended to imply that option prices move in tandem with futures prices. In fact, option prices may only move a fraction of the price move in the underlying futures. In some cases, the option may not move at all or even move in the opposite direction of the underlying futures contract.
BZB Enterprises, Inc may send “trade alerts” to end users via email or text in advance of the trade being executed. BZB Enterprises, Inc cannot guarantee due to technology limitations that end users will receive the alert before the trade is executed, nor guarantees that the alerted trade will occur as the conditions and other variables upon which the alerted proposed trade is based may not materialize. Further, BZB Enterprises, Inc does not guarantee that you will be able to execute the same trade at the alerted price or position size as market conditions change rapidly.
BZB Enterprises, Inc encourages you not to simply copy alerted trades in your own portfolio. Trade alerts are presented to help you learn how to make investment decisions for yourself. You understand and agree that you alone are responsible for your own trading activity and investment decisions.
6. Education Disclosure
BZB Enterprises, Inc is a privately-owned for profit company that provides general trader education, and this Website is for general education and informational purposes only. It is not, and is not affiliated with any, educational institutions or other accredited entities. BZB Enterprises, Inc does not register students, does not offer accredited courses or programs of study, and does not grant a degree or diploma upon completion of our programming. As such, BZB Enterprises, Inc does not intend to provide, or purport to provide, in any way, education, course materials, or training that is required by any law or employer, and is not intended nor implied to be a substitute for education provided by an accredited entity. You assume full responsibility for how you choose to use the information provided by BZB Enterprises, Inc. BZB Enterprises, Inc does not provide any guarantee regarding the amount of success students could or will have trading securities, nor any guarantee regarding ability to get or create jobs upon completion of our programs.
7. Modifications to the Website and Prices
We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website. Certain products or services may be available exclusively online through the Website. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made on this Website is void where prohibited.
8. Account Registration
In order to access some of the products or services of the Website, you will be required to create an account. By creating this account, you agree to the following:
You may only maintain a single account;
You may never share your account user name or password or knowingly provide or authorize access to your account;
You may never use another user’s account without permission; When creating your account, you must provide accurate and complete information;
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure;
You must notify us immediately of any breach of security or unauthorized use of your account; and
You will be liable for any use made of your account or password and the losses of BZB Enterprises, Inc or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account. BZB Enterprises, Inc has the right, in its sole discretion, to cancel your account or suspend your access to the Website.
9. User Communications
By using any BZB Enterprises, Inc services, and accessing the services, you expressly consent to receive electronically all communications, agreements, documents, notices and disclosures that we provide in connection with your account and your use of the services. Notices may, without limitation, take the form of electronic mail, in-app messages, and in-Website communications. Additionally, Notices may take the form of electronic mail containing promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. If you do not wish to receive such promotional emails, you may unsubscribe at any time by following the instructions within, and BZB Enterprises, Inc will honor any requests to unsubscribe within 30 days.
BZB Enterprises, Inc may, at its discretion, use SMS services to deliver Notices to end users and clients. The information received is requested by the end user or is based on an existing business relationship or transaction with BZB Enterprises, Inc. The information sent does not contain advertising or a solicitation. Message frequency varies. Message and data rates may apply. Users can text HELP to the sending number for help and reply STOP to cancel receiving text messages. Carriers are not liable for delayed or undelivered messages.
10. Order Placement and Acceptance; Subscription Billing Disclosure
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or deny anyone’s order for any reason. In the event we deny your order, you will receive a refund to your original form of payment. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any product or service. We reserve the right to require additional information before processing any order. Many of BZB Enterprises, Inc’s products and services are offered on a subscription basis. If you purchase a subscription, it is automatically billed each stated period (e.g. monthly or annual) to the payment method you provided when you purchased the subscription unless and until you cancel the subscription. We may use an account updater to automatically update your payment information in the event it changes, in which case, your renewal will be billed to the updated account information. If you wish to cancel your subscription, you may do so at any time; however, you must cancel your subscription at least forty-eight (48) hours prior to your next billing date to avoid being billed for the next renewal period. You can cancel your subscription by accessing your account. You may also cancel your subscription by contacting Customer Support by phone at (312) 261-5581or email at support@optionhacker.com. Please visit our Contact Us Page for additional contact information.
11. Refund Policy
Subscription payments are non-refundable and all sales are final unless otherwise indicated. When you cancel your subscription, you will have access to the product or service until the end of that subscription period. From time to time, BZB Enterprises, Inc may advertise a money-back guarantee in connection with the purchase of a particular product or service. The terms of that guarantee will be stated at the time of purchase. Regardless of the specific terms of any advertised money-back guarantee, the money-back guarantee shall only be available for the stated period. Additionally, customers who elect a refund under any money-back guarantee and then resubscribe to the same product or service within a two-year period will not be entitled to any applicable money-back guarantee.
12. Payment
All charges are in U.S. Dollars. By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iv) you will be responsible for any payment card fees; and (v) that sufficient funds exist to pay us the amount(s) due. We and our third-party payment service providers may request, and we may receive, updated payment card information from your card issuer, such as updated card numbers and expiration date information when your payment card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your payment card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt-out of your payment card’s updating service, you should contact your payment card issuer. We are not responsible for any fees or charges that your bank or payment card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.
13. Social Media
This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may use (“Social Media Presence”). The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of BZB Enterprises, Inc, and we have no obligation to monitor or remove user comments. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.
14. Digital Millennium Copyright Notice
a. DMCA Notice
This Website maintains specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the following contact person:
Notification of Claimed Infringement:
BZB Enterprises, Inc. Dba: Alphashark Trading, OptionHacker.
111 2nd St. #402
Delray Beach, FL 33444
(312) 261-5581
support@alphashark.com support@optionhacker.com
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in a delay in the processing of your complaint.
b. Intellectual Property Rights, License
The audio and video materials, images, photographs, articles, opinions, and other text, graphics, illustrations, logos, depictions, layouts, compilations, designs, interfaces, digital downloads, software, data compilations and other content associated with the Website (the “Content”) are owned or licensed by and to [COMPANY] or other authorized third parties and are protected by intellectual property, copyright, trademark, trade dress and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and [COMPANY], we will retain all right, title, and interest in and to the Website and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as expressly set forth in these Terms of Sale or expressly granted to you in writing by [COMPANY], no rights are granted to you. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Website. The compilation of the Content on the Website is the exclusive property of [COMPANY]. You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms of Sale, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in these Terms of Sale or otherwise expressly authorized by us in writing, you may not (either directly or through the use of any software, device, internet site, web-based service or other means) download, stream capture, store in a database, archive or otherwise copy any part of the Website or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Website or Content; license or sublicense any part of the Website or Content; or in any way exploit any part of the Website or Content. In addition, except as provided in this Terms of Sale or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge. c. Copyright
The copyright in all materials provided on the Website is owned by [COMPANY] or its affiliate(s). Except as stated herein, none of the material contained in the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of [COMPANY]. Permission is hereby granted to view, copy, print and download the materials on the Website for personal, noncommercial use only, provided such materials are used solely for informational purposes, and all copies, or portions thereof, include this copyright notice. [COMPANY] may revoke any of
the foregoing rights at any time. You may not, without [COMPANY]’s prior written consent, "mirror" any material contained on the Website on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from any Website. Any unauthorized use of any material contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. d. Trademarks
The trademarks, service marks and logos ("Trademarks") used and displayed on the Website are registered or unregistered Trademarks of [COMPANY]. Nothing on the Website shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Website without the prior written consent of the Trademark owner. The name of [COMPANY], or any Trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Website without the prior written consent of [COMPANY]. [COMPANY] prohibits the use of any [COMPANY] logo and Trademark as a "hot" link to any web site unless establishment of such link is approved in advance by [COMPANY] in writing.
15. DISCLAIMER OF WARRANTIES
EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS AND SERVICES PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO,
AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND
WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY,
AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON
THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY
DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET
YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) THE WEBSITE OR THE
SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
16. DISCLAIMER OF LIABILITIES
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL [COMPANY] OR ANY OF ITS
OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT
CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER
DAMAGES,
FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE
PRIVACY POLICY, THE PRODUCTS AND SERVICES, OR YOUR OR A THIRD-PARTY’S
USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT OR SERVICE,
REGARDLESS OF WHETHER [COMPANY] HAS HAD NOTICE OF THE POSSIBILITY OF
SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION,
ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF
PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER
INDIRECT,
SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS
APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY
CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, [COMPANY] IS FOUND LIABLE UNDER ANY THEORY, [COMPANY]’S LIABILITY AND YOUR EXCLUSIVE
REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL
APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER [COMPANY] WAS AWARE
OF OR
ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS.
SOME
STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
17. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS PROVISION CAREFULLY; IT REQUIRES YOU TO ARBITRATE ANY
DISPUTE OR CLAIM BETWEEN YOU AND COMPANY ON AN INDIVIDUAL BASIS.
YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS
ARBITRATION PROVISION, COMPANY’S PRIVACY POLICY OR TERMS OF SALE,
BZB Enterprises, Inc
111 2nd St. #402 Delray Beach, FL 33444
COMPANY’S ADVERTISING OR MARKETING PRACTICES, OR COMPANY’S PRODUCTS
OR SERVICES SHALL BE SUBMITTED TO BINDING, FINAL, AND CONFIDENTIAL
ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN
ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES.
THIS ARBITRATION PROVISION SHALL BE GOVERNED BY THE FEDERAL
ARBITRATION
ACT (“FAA”), 9 U.S.C. §§ 1-16, AND THE ARBITRATOR SHALL BE BOUND BY THE
TERMS
OF THIS ARBITRATION PROVISION. THE ARBITRATOR SHALL HAVE THE
EXCLUSIVE
AND SOLE AUTHORITY FOR DETERMINING WHETHER A DISPUTE OR CLAIM IS
ARBITRABLE. THE ARBITRATOR SHALL FOLLOW APPLICABLE SUBSTANTIVE LAW OF
THE STATE OF STATE TO THE EXTENT CONSISTENT WITH THE FAA, AND SHALL BE
AUTHORIZED TO AWARD ALL REMEDIES AVAILABLE IN AN INDIVIDUAL
LAWSUIT
UNDER SUBSTANTIVE LAW, INCLUDING, WITHOUT LIMITATION,
COMPENSATORY,
STATUTORY AND PUNITIVE DAMAGES, DECLARATIVE, INJUNCTIVE AND OTHER EQUITABLE RELIEF, INCLUDING PUBLIC INJUNCTIVE RELIEF, AND ATTORNEYS’ FEES
AND COSTS WHERE AVAILABLE UNDER APPLICABLE SUBSTANTIVE LAW. THE
ARBITRATOR MAY ONLY RESOLVE DISPUTES OR CLAIMS BETWEEN YOU AND
COMPANY AND MAY NOT CONSOLIDATE CLAIMS OR PROCEEDINGS WITHOUT
COMPANY’S CONSENT. THE ARBITRATOR MAY NOT HEAR CLASS OR
REPRESENTATIVE CLAIMS OR REQUESTS FOR RELIEF ON BEHALF OF OTHER
INDIVIDUALS. IF A COURT OR ARBITRATOR DECIDES THAT ANY PART OF THIS
AGREEMENT TO ARBITRATE CANNOT BE ENFORCED AS TO A PARTICULAR
CLAIM FOR
RELIEF OR REMEDY, THEN THAT CLAIM OR REMEDY (AND ONLY THAT CLAIM OR REMEDY) MUST BE BROUGHT IN COURT AND ANY OTHER CLAIMS MUST BE ARBITRATED.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE THAT
COMPANY HAS THE RIGHT TO BRING A CLAIM AGAINST YOU IN THE STATE OR
FEDERAL COURTS OF STATE FOR INJUNCTIVE RELIEF, EQUITABLE RELIEF, OR
OTHERWISE ARISING FROM ANY POTENTIAL OR ACTUAL MISAPPROPRIATION OR INFRINGEMENT OF COMPANY’S INTELLECTUAL PROPERTY RIGHTS AND YOU AGREE
THAT VENUE IS PROPER AND THAT YOU ARE SUBJECT TO PERSONAL JURISDICTION IN SUCH FORUM.
UNLESS YOU TIMELY OPT-OUT, YOU WILL NOT HAVE THE RIGHT TO: (A) HAVE A
COURT OR JURY DECIDE YOUR DISPUTE OR CLAIM; (B) OBTAIN INFORMATION PRIOR
TO THE HEARING TO THE SAME EXTENT THAT YOU WOULD HAVE IN COURT; (C)
PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A
CLASS
REPRESENTATIVE, CLASS MEMBER, OR CLASS OPPONENT; (D) ACT AS A PRIVATE
ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (E) JOIN OR CONSOLIDATE
YOUR DISPUTE OR CLAIM WITH THE DISPUTE OR CLAIM OF ANY OTHER PERSON.
OTHER RIGHTS THAT YOU WOULD HAVE HAD IF YOU WENT TO COURT MAY
ALSO NOT
BE AVAILABLE IN ARBITRATION.
YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU PURCHASED A PRODUCT OR SERVICE THROUGH COMPANY’S WEBSITE BY SENDING
A LETTER TO:
BZB Enterprises, Inc ATTN. LEGAL DEPARTMENT,
111 2nd St. #402
Delray Beach, FL 33444
NAME, THE PRODUCT YOU PURCHASED, AND YOUR INTENT TO OPT OUT OF ARBITRATION.
18. Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless [COMPANY], its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any
way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.
19. Third-Party Websites and Links
Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.
20. Testimonials, Reviews, and Other Submissions
Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, testimonials, and suggestions (collectively, “Submissions”) is and will be treated as nonconfidential and nonproprietary, and we shall have the right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the
owner or have sufficient rights to share the Submissions with us. BZB Enterprises, Inc does not guarantee anyone’s success or that anyone will earn/experience the results that are portrayed on this Website. The testimonials and reviews portrayed on this Website are exceptional results from our most successful users. These testimonials do not represent the generally expected user experience, nor do they guarantee future success. Furthermore, by using any of the communications tools available as part of our services, you acknowledge and agree that (a) all communications tools constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by BZB Enterprises, Inc in any manner (unless expressly stated otherwise by BZB Enterprises, Inc) and (c) communications are not pre-reviewed, post- reviewed, screened, archived or otherwise monitored by BZB Enterprises, Inc in any manner, though BZB Enterprises, Inc reserves the right to do so at any time at its sole discretion in accordance with these Terms. Additionally, through such communication tools, BZB Enterprises, Inc may make certain types of services available to you.
You acknowledge and agree that such services (e.g., chat room services) may be monitored orrecorded for quality control purposes and that the information or material provided as part of the services is provided for educational purposes only.
BZB Enterprises, Inc reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. BZB Enterprises, Inc shall be under no obligation to use any, or any part of, any testimonial or review submitted.
21. Electronic Communications
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
22. Assignment
You may not assign any of your rights under these Terms, and any such attempt will be null and void. BZB Enterprises, Inc and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of BZB Enterprises, Inc’s business is transferred to another entity by way of merger, sale of its assets or otherwise.
23. No Waiver
No waiver by BZB Enterprises, Inc of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by BZB Enterprises, Inc to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
24. Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms.
Such determination shall not affect the validity and enforceability of any other remaining provisions.
25. Termination
In the event that we terminate this Agreement, Sections [####], as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.
26. Entire Agreement
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and BZB Enterprises, Inc, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
27. Questions or Additional Information
If you have any questions regarding your account, any product or service, or these Terms, please contact our customer support team by phone, mail, or email at the following:
BZB Enterprises, Inc. Dba: Alphashark Trading, OptionHacker.
111 2nd St. #402
Delray Beach, FL 33444
(312) 261-5581
support@alphashark.com support@optionhacker.com
111 2nd Street #402
Delray Beach, FL 33444
(312) 261-5581