Terms and Conditions

Simplified Terms

Bottarelli Research is a trading advisory service to help you invest in the stock market. We are not a licensed investment advisor and do not provide individual investment advice. Trading in securities involves risk, and your performance and results may vary.

For your convenience, subscriptions automatically renew at the same rate until canceled. If you are dissatisfied with your subscription within 30 days of purchase, you can exchange it for a different subscription for no additional charge. If you want to cancel at any time, we only issue prorated refunds as defined in our refund policy. You must submit a refund request to qualify for a refund — calling or emailing is insufficient.


Welcome to Bottarelli Research, a trading advisory service specializing in options, high-beta stocks, and volatility strategies. This User Agreement (the “Agreement”) sets forth the terms for use of the services offered through bottarelliresearch.com (the “Services”). This Agreement forms a binding contract between you and Bottarelli Research and applies to your entire relationship with Bottarelli Research and the Services. By using bottarelliresearch.com (the “Website”), you agree to be bound by the Agreement and comply with your obligations under the Agreement. If you do not agree, please discontinue using the Website immediately.

This Agreement provides that all disputes between us and you will be resolved either by binding arbitration by a neutral arbitrator, or if available, in small claims court, in all cases without any right to trial by jury or as part of a class action proceeding. Please review the Arbitration Agreement below for further details regarding your agreement to arbitrate any dispute with us.

Effective Date: January 1, 2017


Acceptable Uses

You may use this Website to help you invest in the stock market. You may not harm the Website in any way or otherwise use the Website in any improper manner, including, but not limited to hacking into the Website’s systems, spoofing or faking email headers or slowing or stopping the functionality of the Website. This Website is not directed to children under the age of 18. If you are under the age of 18, you may use the Website only with involvement of a parent or legal guardian (over the age of 18). Bottarelli Research reserves the right to refuse service, terminate accounts, remove or edit content, or cancel subscriptions in its sole discretion.

License To Use Website

Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Website by displaying it on your browser only for the purpose of helping you invest in the stock market and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you. While using the Website, you agree to comply with all applicable laws, rules and regulations.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Website or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Website or make any use of the Website for the benefit of another business unless explicitly permitted by us in advance.

You shall not upload to, distribute, or otherwise publish through this Website any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses, defects, date bombs or other harmful code or properties.

You shall not:

  • “Frame” or “mirror” any part of the Website;
  • Use any robot, spider, offline reader, Website search/retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents without our prior written consent, including with respect to any CAPTCHA displayed on the Website. Notwithstanding the foregoing, Bottarelli Research grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Bottarelli Research reserves the right to revoke these exceptions either generally or in specific cases;
  • Harvest or collect information about Website visitors or members without their express consent;
  • Take any action that imposes or may impose (in Bottarelli Research’s sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; or

Registration

You may browse the Website and view content without registering, but as a condition to using certain aspects of the Website, you may be required to sign up with Bottarelli Research and provide your email address (“Email Address”) and password. All registration information shall be accurate and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Bottarelli Research suspects, for any reason, that such information is untrue, inaccurate, not current or incomplete, Bottarelli Research, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Website. You shall not (i) select or use as an Email Address an email belonging to another person with the intent to impersonate that person; (ii) use as an Email Address an email subject to any rights of a person other than you without appropriate authorization; or (iii) use as an Email Address an email that is otherwise offensive, vulgar, or obscene. Bottarelli Research reserves the right to refuse registration, cancel an Email Address or deny access to the Website in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Bottarelli Research password. We are not liable for any harm caused or related to the theft or misappropriation of your email or password, disclosure of your email or password, or your authorization of anyone else to use your email or password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Bottarelli Research in writing of any unauthorized use of your account, or other account related security breach of which you are aware. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting bottarelliresearch.com and immediately notify us of the problem by emailing us at support@bottarelliresearch.com.

Privacy

Please read our Privacy Policy at http://www.bottarelliresearch.com/privacy, which describes the personally identifiable information we collect, use, disclose, manage and store.

Ownership

The information and materials provided on or through the Website, including any data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the “Materials”) are owned exclusively by Bottarelli Research, and are intended to educate and inform you about investments offered or described on the Website. The Website, including all Website software, databases, proprietary information and Materials (and any intellectual property and other rights relating thereto) including, without limitation, the selection, sequence and “look and feel” and arrangement of items, is owned and operated by Bottarelli Research and will remain the property of Bottarelli Research. The Website is protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You further acknowledge that you do not acquire any ownership rights by using the Website or the Materials.

The trademarks, logos, and service marks displayed on the Website (collectively the “Trademarks”) are the registered and unregistered trademarks of Bottarelli Research, Bottarelli Research’s licensors and suppliers, and others. The Trademarks owned by Bottarelli Research, whether registered or unregistered, may not be used in connection with any product or service that is not offered by Bottarelli Research, in any manner that is likely to cause confusion with customers, or in any manner that disparages Bottarelli Research. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Bottarelli Research, Bottarelli Research’s licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Bottarelli Research will aggressively enforce its intellectual property rights in such Trademarks.

Purchases

If you wish to purchase a Bottarelli Research subscription (each such purchase, a “Transaction”) you may be asked to supply certain information relevant to your Transaction, including without limitation, your credit card number, the expiration date of your credit card, and your billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. You understand that any such information will be treated by Bottarelli Research in the manner described in our Privacy Policy. You grant Bottarelli Research the right to provide any such information to third parties for purposes of facilitating the completion of a Transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree that all information that you provide in connection with your Transaction will be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. You acknowledge that complying with laws is your responsibility, and YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT.

Rates and availability of subscriptions are subject to change without notice. All subscriptions will automatically renew at the same rate (term and price) by default. Refunds are subject to Bottarelli Research’s refund policy. If you dispute and/or contest a charge with your credit card company, we reserve the right to immediately terminate your subscription, and, if warranted, prevent any future privileges.

Securities Disclaimer

Bottarelli Research is not a licensed investment advisor. You understand that no content published as part of the Services constitutes a recommendation that any particular investment, security, portfolio of securities, or investment strategy is suitable for any specific person. You further understand that none of the authors of our Services or their affiliates will advise you personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, investment strategy, or other matter. Accordingly, do not attempt to contact them seeking personalized investment advice, which they cannot provide. To the extent any of the content published as part of the Services may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.

You understand that the views expressed in the Services are the author’s own opinions. The Services may contain differing opinions with regard to securities depending on the specific content, author, or publish date. Trading in securities (including, without limitation, stocks, options, ETFs, and bonds) involves risk and volatility. Past performance is not an indication of future results.

You understand and agree that, although we do not permit our staff to hold positions in securities in individual companies, from time to time, one or more authors or their affiliates may have a position in the investment or securities written about. In cases where the position is held at the time of publication, authors are required to make appropriate disclosure. In addition, authors may be subject to certain restrictions on trading for their own account. In addition, certain of Bottarelli Research’s affiliates and employees may, from time to time, have long and short positions in, or buy or sell the securities, or derivatives thereof, of companies mentioned in respective Services and may take positions inconsistent with the views expressed.

You understand that performance data is supplied by sources believed to be reliable, that the calculations therein 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, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and may not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.

When U.S. exchanges are open, any quotes (other than those obtained through the real-time quote services available to users of certain Services) are delayed. When U.S. exchanges are not open, quotes are only current as of the close of the last day of trading. Before selling or buying any investment, you should consult with a qualified broker or other financial professional to verify pricing information.

To the extent any of our Services involves a model portfolio or an actual portfolio of investments, as described below, such portfolio of investments is chosen by the author in accordance with their stated investment strategy. Your actual results may differ from results reported for the portfolio for many reasons, including, without limitation:

  • Performance results for the portfolio do not reflect actual trading commissions that you may incur.
  • Performance results for the portfolio do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect your results.
  • The investments chosen for the portfolio may be volatile, and although the purchase or sale of an investment in a portfolio will not be effected in the portfolio until after a report has been published, delivery delays and other factors may cause the price you obtain to differ substantially from the price at the time of the publish date.
  • The prices of investments in the portfolio at the point in time you purchase a report may be higher than such prices at the time such investments were chosen for inclusion in the portfolio.
  • You may not have the capital to trade as frequently as the portfolio.
  • The size and timing of a user’s purchase or sale of a stock may affect the price of the stock.

Subscription Terms and Refund Policy

Bottarelli Research offers subscription-based services, including Bottarelli Research Live and Bottarelli Research Next. All subscriptions automatically renew at the same rate (term and price) by default. You authorize Bottarelli Research to continue your subscription by automatically renewing it until otherwise canceled or your renewal preferences are changed.

Should you decide to cancel your subscription anytime during your term and submit a request for a refund, you will be refunded a prorated amount based on the number of full, unused calendar months remaining on your subscription term since your latest payment minus a 10% processing fee. Prorated refund amounts are not calculated on a 1-to-1 or equally divisible basis with original purchase prices, and “prorated” is meant to imply a fractional amount of that paid will be refunded. In order to receive a refund, you must sign in to your Bottarelli Research account and submit a refund request. Calling, emailing, or contacting us in any way to ask for a refund is insufficient and not recognized. Refunds are only issued for subscriptions purchased at the published rate and paid for in full with a credit card. Using credits, coupons, or other special offers or discounts precludes you from receiving a refund. Promotions or claims that offer to “buy back” your subscription are fulfilled as prorated refunds in accordance with our refund policy. Unless otherwise stated, subscriptions do not include a trial period and full refunds are not offered. From time to time, we may offer a promotional money-back guarantee for new subscribers based on our performance. In order to qualify for such a guarantee, you must execute all of the trades we recommend in a timely manner and provide proof of such trades, including profits and losses incurred. Under extenuating circumstances, you may receive an additional credit for the unused portion of your subscription but this determination is made at our sole discretion. There will be absolutely no exceptions made to this refund policy unless Bottarelli Research deems the circumstances to be extreme and warrant individualized attention.

A subscription to Bottarelli Research grants you a single, non-exclusive, limited personal license to access and use the Members Area of the Website conditioned on your continued compliance with the Terms. You may not, under any circumstances, transfer or share your subscription or right to access or use the Website. Doing so may result in the termination of your subscription without any refund at the sole discretion of Bottarelli Research. Your right to be a member of Bottarelli Research will terminate if you fail to comply with any term or condition found within the Terms. Upon such violation, you agree to terminate access to the Members Area of this Website. You further agree that Bottarelli Research, in its sole discretion and with or without notice, may terminate your access to any or all areas of this Website, and remove and discard any information or content within this Website. You also agree that Bottarelli Research will not be liable to you or any third-party for any termination of your access to the Website.

Auto-Trading Disclaimer

Although some members of Bottarelli Research may choose to engage in what is commonly known as “auto-trading,” Bottarelli Research and Bryan Bottarelli do not, can not, and will not send trading alerts directly to brokers.

Bottarelli Research and Bryan Bottarelli do not recommend nor require that members of Bottarelli Research engage in auto-trading. Bottarelli Research and/or Bryan Bottarelli offers no penalty or incentive, monetary or otherwise, to members to either engage in or not engage in auto-trading. Bottarelli Research and/or Bryan Bottarelli offers no opinion to individual members as to the propriety of engaging in auto-trading either in general or in conjunction with Bottarelli Research. The decision to engage in auto-trading is a decision left to the member of Bottarelli Research, but never will any Bottarelli Research trading alert be sent directly to a broker. Members are strongly encouraged to independently research whether auto-trading is an activity they would like to engage in in conjunction with Bottarelli Research. Past subscribers of Bottarelli Research have used the following auto-traders: American Options Service (AOS), MAN Securities, OptionsXpress, and ThinkorSwim, Inc. The previous list of auto-traders is purely informational in nature and is not meant to be and should not be construed as being a recommendation or endorsement of any or all of the aforementioned auto-traders. If a member chooses to engage in auto-trading and chooses to use a service not previously mentioned, that is a decision left to the member of Bottarelli Research. If a member chooses to engage in auto-trading without consent or support of Bottarelli Research, that is an independent decision made solely by the member of Bottarelli Research. Members are encouraged to independently verify the merits or shortcomings of an auto-trading broker before engaging its services, including those previously listed. Members are encouraged to seek information regarding any given auto-trading broker directly from the broker itself. It should be understood that any information provided by Bottarelli Research and/or Bryan Bottarelli and the basis for any opinion given by Bottarelli Research and/or Bryan Bottarelli regarding any given auto-trader should be independently verified by the member or other recipient of the information before the member chooses to engage the services of the auto-trader.

Risk Assessment

The opinions expressed in Bottarelli Research and/or by Bryan Bottarelli are protected by and made pursuant to the 1st amendment of the United States of America. The opinions expressed in Bottarelli Research are solely the opinions held by Bryan Bottarelli and other editorial staff. Any such published opinions are general in scope and are not intended to be, and should not be construed as, recommendations or advice to any particular individual(s), group(s), or other entities. The general opinions contained in Bottarelli Research may not be appropriate for every individual, group, or entity to rely or act upon because the financial situation of each and every individual, group or other entity is different and comprised of numerous factors which are not known by or reasonably available to Bottarelli Research and/or Bryan Bottarelli. Bottarelli Research and Bryan Bottarelli are not licensed financial advisors and any statement or opinion contained within Bottarelli Research and/or by Bryan Bottarelli, should not be construed as a representation of such licensure. Readers and other recipients of the information and opinions contained in Bottarelli Research and/or from Bryan Bottarelli are solely responsible for any action or inaction they may or may not take based upon the opinions and information expressed in Bottarelli Research. Bryan Bottarelli and Bottarelli Research are not responsible for the consequences of any actions or inactions taken by any reader or other recipient of the information and opinions contained in Bottarelli Research and/or by Bryan Bottarelli. Readers to Bottarelli Research and other recipients of the information and opinions contained therein, are encouraged to independently investigate and verify the information found on Bottarelli Research and to independently verify the stated bases for any opinions expressed in Bottarelli Research and/or by Bryan Bottarelli. Option trading is subject to risk which a reader accepts as one of the costs of engaging in trading. Information and opinions provided on Bottarelli Research and/or by Bryan Bottarelli are not guarantees of success. As with other types of investing, the reader should be aware that losses as well as successes may occur and have occurred in the past.

Bottarelli Research considers itself a group of researchers, compilers, and publishers of independently assessed information and opinion. We have not nor will we ever accept compensation, fees, or payment for promoting or publicizing a specific stock or company or any other entity within the editorial content: All opinions we publish are the result of independent analysis on the side of our editors.

Bottarelli Research offers services for readers with a strong sense of individual responsibility and the ability to perform their own risk assessment before acting upon the information provided. Every effort is made to ensure the utmost accuracy of all information, opinion, research, and commentary. But while this information is obtained from sources believed to be reliable, their reliability cannot be guaranteed. Forecasts and projections of events are based on the subjective evaluations, analysis, and personal opinions of the editor. The maxim of Caveat Emptor applies — let the buyer beware!

Bottarelli Research does not provide personal investment advice to individuals, or act as a personal or institutional investment advisor, or individually advocate the purchase or sale of any security or investment. Investments recommended should be made only after reviewing the price history and risk assessment of the recommendation.

All published content is for informational purposes only. You alone will need to evaluate the merits and risks associated with the use of this information. Although Bottarelli Research may provide information relating to approaches to investing, no information is intended or should be construed as an investment recommendation. No content or information published by Bottarelli Research constitutes investment advice. Decisions based on this information are your sole responsibility. You understand that none of this information constitutes a recommendation or solicitation that you should purchase or sell any particular investment. You agree that Bottarelli Research shall not be liable in any way for the accuracy, completeness, timeliness or correct sequencing for any decision made or action taken by you relying upon any information provided by Bottarelli Research. You further agree not to hold any third party liable for any possible claim for any damages arising from any decision you make based on such information.

Members of the organization, its officers, directors, employees, and associated individuals may have positions in investments referred herein and may add to or dispose of the same. But while we encourage our editors and analysts to put their own money where their mouth is, the editors, staff, and associates of Bottarelli Research are prohibited from trading on this information until after the information is published to our subscribers.

Bottarelli Research takes advantage of the disparity of knowledge and the inequality of its distribution to maximize investment profits for our subscribers. Even though in the past, Bottarelli Research’s investment recommendations have produced gains, past performance is no guarantee of future gains.

Information Provided

Although Bottarelli Research strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Website is subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although Bottarelli Research endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete.

Social Media

This Agreement applies also to users of social media websites managed by Bottarelli Research and hosted by third-party providers (e.g., Facebook.com, Twitter.com, LinkedIn.com, etc.). Bottarelli Research reserves the right to remove comments or content on its social media websites and may block further posting on its social media websites by any individual who violates this Agreement. Bottarelli Research disclaims all liability in any way connected to the use of or access to its social media websites.

Credits and Vouchers

Bottarelli Research credits are rebates paid immediately by Bottarelli Research. Credits are promotional only, carry no cash value, and can only be used for Bottarelli Research purchases. Credits expire and are not transferrable.

Bottarelli Research reserved the rights to cancel, change, discontinue, and/or revoke this program, terms, conditions and any compensation stated or implied without notice. Expired credits cannot be reactivated.

Bottarelli Research may from time to time offer users the opportunity to purchase vouchers for products (“Vouchers”). Vouchers may be purchased for a specific dollar amount but have a greater value than the purchase price. The difference between the purchase price and the full value of the Voucher is considered the promotional value. The promotional value of the Voucher will expire on the redemption date identified on, or materials accompanying or promoting the Voucher. In addition to expiring, the promotional value has no actual cash value. The paid portion of the Voucher will expire on the later of (i) five (5) years from the date the Voucher is issued or (ii) the date required by applicable law. The Voucher’s value after that date will be the amount paid for the Voucher itself. For example, a $50 Voucher that is purchased for $25.00 (paid portion) may be redeemed for $50.00 worth of goods or services if redeemed by the stated redemption date. If not redeemed by that date, the Voucher would only entitle the holder to $25 worth of goods, the paid portion amount. Limit 1 (one) Voucher per person. Unless prohibited by law, Vouchers can only be redeemed once, and may not be redeemed for any remaining value in credit or cash. Void where prohibited. Vouchers cannot be copied, duplicated, altered, sold, or traded unless permitted by Bottarelli Research or required by law. Vouchers can be voided at Bottarelli Research’s sole discretion if a holder of a Voucher is found to be in violation of these Terms or any other terms and conditions applicable to such Voucher. Vouchers cannot be used for the purchase of gift cards or prior purchases. Voucher cannot be combined with other promotional offers.

Referrals

Bottarelli Research’s referral program is designed to reward existing users with the opportunity to earn access to special promotions and benefits by referring friends to join Bottarelli Research. Bottarelli Research issues credit for new user referrals. Existing users are only eligible to earn referral credits after new users they have referred make at least one completed purchase that is not exchanged within the first 30 days of signing up, excluding gift cards or vouchers.

Referral credits granted by any means other than as a result of the initial completed purchase by a new user introduced for the first time to Bottarelli Research by the referring user are in violation of the Terms. You may not use spam or any other method prohibited by law to obtain referral credits, and you agree not to send invitations to join the Site to people who do not know you or are unlikely to recognize you as a known contact. You may not participate in the program if any applicable laws or regulations prohibit doing so. Any referral credits granted in violation of these terms and conditions are null and void and subject to immediate cancellation or termination of all referral credits. We reserve the right to modify or amend these terms and conditions at any time and the methods by which special promotions or benefits are earned.

Promotions

In addition to this Agreement, any sweepstakes, contests, games, or similar promotions (collectively, “Promotions”) made available through the Website may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the Agreement set forth herein. Bottarelli Research urges you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control with respect to the particular Promotion.

Bottarelli Research Guarantee

We want you to be 100% satisfied with your Bottarelli Research subscription. If you are dissatisfied with your Bottarelli Research subscription within 30 days of purchase, we’ll issue you a full credit toward your next purchase with us in the form of a Bottarelli Research Credit. Credits are promotional only, carry no cash value, and can only be used for Bottarelli Research purchases.

Access from Outside the U.S.

The Website is directed to individuals residing in the United States. We make no representation that Materials available on or through the Website are appropriate or available for use in other locations. Those who choose to access the Website 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 local laws are applicable.

Termination

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Website and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of the Website in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

Remedies

You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.

No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.

No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

Disclaimers

THE WEBSITE, THE MATERIALS ON THE WEBSITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Bottarelli Research DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, THE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

BOTTARELLI RESEARCH DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE SERVER(S) ON WHICH THE WEBSITE IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF Bottarelli Research, WHETHER MADE ON THE WEBSITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. Bottarelli Research DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Bottarelli Research WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THE WEBSITE AND ANY MATERIALS PROVIDED THROUGH THE WEBSITE ARE ENTIRELY AT YOUR OWN RISK.

Limitation of Liability

NEITHER BOTTARELLI RESEARCH NOR ANY OF OUR AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND/OR MATERIALS CONTAINED ON THE WEBSITE, ANY LINKED WEBSITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BOTTARELLI RESEARCH SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) ANY FAILURE OF ANOTHER USER OF THE WEBSITE TO CONFORM TO THE REQUIREMENTS OF THIS AGREEMENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF BOTTARELLI RESEARCH, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, AND/OR TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR MATERIALS OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE, MATERIALS, OR LINKED WEBSITE, AS APPLICABLE. THE MAXIMUM LIABILITY OF BOTTARELLI RESEARCH, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO BOTTARELLI RESEARCH DURING THE THREE MONTH PERIOD IMMEDIATELY PROCEEDING THE DATE YOUR CLAIM FIRST AROSE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

You acknowledge that you may have or may in the future have claims against Bottarelli Research which you do not know or suspect to exist in your favor when you agreed to this Agreement and which if known, might materially affect your consent to this Agreement. You expressly waive all rights you may have under Section 1542 of the California Civil Code or any similar provision under any other applicable law, which states:

A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

Indemnification

You agree to indemnify, defend and hold Bottarelli Research, its affiliates, licensors, suppliers, advertisers and sponsors, and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) any allegation that any User Content or other materials you submit to us or transmit to the Website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Website.

Jurisdiction and Governing Law

By visiting the Website, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern the Agreement, Privacy Policy and any dispute of any sort that might arise between you and us related in any way to your use of the Website. Except as provided in the Arbitration Agreement section below, by using the Website you agree to the exclusive jurisdiction of the state and federal courts located in Dupage County, Illinois for the resolution of all disputes between us, and waive any objection based on such forums being inconvenient.

Arbitration Agreement

Any dispute or claim relating in any way to products sold or Services provided through the Website, or relating in any way to your use of the Website (including without limitation claims relating to the breach of the Agreement, Privacy Policy or the unauthorized disclosure of personally identifiable information) will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. Unless you proceed with a small claims action, the Federal Arbitration Act and federal arbitration law will apply. This Arbitration Agreement is intended to be broadly interpreted, and includes, without limitation:

  • Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, including, without limitation, claims relating to your use of the Website, any statements or advertising on the Website, and/or any fees or other amounts you paid to Bottarelli Research in connection with the purchase of subscription;
  • Claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); and
  • Claims that may arise after the termination of this Agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. If for any reason a claim proceeds in court rather than in arbitration WE EACH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that either of us may bring suit in court to enjoin infringement or other misuse of intellectual property rights. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Further, unless we both agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative, consolidated or class proceeding. If the requirements of this paragraph are found to be unenforceable, then the entirety of this arbitration provision shall be null and void except for the waiver of any right to a jury trial described in the previous paragraph. If a dispute arises between us, we strongly encourage you to first contact us directly to seek a resolution by contacting our Customer Support at support@bottarelliresearch.com before resorting to arbitration or asserting a claim in small claims court. We value our relationship with our customers and will try to resolve your claims informally and expeditiously. To that end, before either of us may begin an arbitration proceeding, written notice must be sent to the other describing the claim. If to us, the notice should be sent to Bottarelli Research, 30 Forest Ave., Naperville, IL 60540, and if to you, at the current address you provided in your customer account. If the claim has not been resolved within 30 days of sending the notice, either party may then commence an arbitration proceeding. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules and forms are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not to seek attorneys’ fees and costs in arbitration unless the arbitrator determines your claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county or parish where you live or at another mutually agreed location. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or USD $1,000, whichever is greater.

Severability

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.