WELCOME TO BAM INVESTOR LLC (“BAM”)
USING THE SERVICES
By using our Services, you represent and warrant that you are of legal age to form a binding contract, and you are not barred from using the Services under the laws of the United States of America or other applicable jurisdiction.
Using our Services does not give you ownership of any intellectual or other property rights or interests in the Services or the content you access. Content or information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by BAM or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services, such content, or the Software, in whole or in part.
Subject to your continuing compliance with these Terms, we grant you a personal, royalty-free, non-transferable, non-assignable, revocable, and non-exclusive license to use our Services, Websites, software, and APIs. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services we provide.
DISCLAIMER AND WARRANTIES
BAM, ALONG WITH OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, AND LICENSORS (COLLECTIVELY BAM ENTITIES) DO NOT MAKE ANY REPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICES. WE PROVIDE OUR SERVICES “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.”
YOUR USE OF OUR SERVICES, INCLUDING CONTENT WITHIN THE SERVICES, IS AT YOUR OWN RISK AND WE DO NOT REPRESENT, PROMISE, OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
PLEASE NOTE THAT BAM IS NOT A LICENSED BROKER, BROKER-DEALER, MARKET MAKER, INVESTMENT BANKER, INVESTMENT ADVISER, ANALYST, OR UNDERWRITER. BAM STAFF MEMBERS ARE NOT BROKERS, DEALERS, OR REGISTERED INVESTMENT ADVISERS AND DO NOT INTEND OR ATTEMPT TO INFLUENCE THE PURCHASE OR SALE OF ANY SECURITY. OUR DISCUSSIONS, ANALYSIS, AND PREDICTIONS ARE DERIVED BY OUR INTERPRETATION OF OUR PROPRIETARY MODEL’S READINGS AND SHOULD NOT BE MISCONSTRUED AS AN INVESTMENT RECOMMENDATION OR ADVICE IN ANY FORM.
IT SHOULD BE CLEARLY UNDERSTOOD BY ANYONE VIEWING OUR WEBSITE OR RELATED MATERIALS THAT INVESTING IN THE STOCK MARKET, COMMODITY MARKET, CURRENCY MARKET, CRYPTOCURRENCY MARKET, OR ANY OTHER PUBLICLY TRADED MARKET CARRIES WITH IT INHERENT RISKS AND UNCERTAINTIES. THE ACTUAL RESULTS OF A STOCK, COMMODITY, OR CURRENCY COULD DIFFER MATERIALLY FROM THE DESCRIPTIONS GIVEN. THERE IS ALWAYS A RISK FOR SUBSTANTIAL LOSSES TRADING SECURITIES AND COMMODITIES. MATERIAL AND COMMENTARY PROVIDED ARE FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL ANY SECURITIES. THE INFORMATION CONTAINED ON THIS WEBSITE AND ANY SUBSEQUENT REPORTS OR ARTICLES ARE BASED ON ANALYSIS OF QUALITATIVE, STATISTICAL, AND FINANCIAL DATA AND SHOULD NOT BE INTERPRETED AS RECOMMENDATIONS BASED ON A COMPLETE INVESTMENT EVALUATION.
THE INFORMATION IS BASED ON SOURCES THAT BAM BELIEVES TO BE RELIABLE, BUT NO REPRESENTATION, EXPRESS OR IMPLIED, IS MADE WITH RESPECT TO THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS. THE INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE, AND BAM DOES NOT ACCEPT RESPONSIBILITY TO UPDATE IT.
ANY STATEMENTS THAT EXPRESS OR INVOLVE DISCUSSIONS WITH RESPECT TO PREDICTIONS, EXPECTATIONS, BELIEFS, PLANS, PROJECTIONS, OBJECTIVES, GOALS, ASSUMPTIONS OR FUTURE EVENTS OR PERFORMANCE ARE NOT STATEMENTS OF HISTORICAL FACT AND MAY BE “FORWARD LOOKING STATEMENTS.” FORWARD LOOKING STATEMENTS ARE BASED ON EXPECTATIONS, ESTIMATES AND PROJECTIONS AT THE TIME THE STATEMENTS ARE MADE THAT INVOLVE A NUMBER OF RISKS AND UNCERTAINTIES WHICH COULD CAUSE ACTUAL RESULTS OR EVENTS TO DIFFER MATERIALLY FROM THOSE PRESENTLY ANTICIPATED. FORWARD LOOKING STATEMENTS IN THIS ACTION MAY BE IDENTIFIED THROUGH THE USE OF WORDS SUCH AS “EXPECTS”, “WILL,” “ANTICIPATES,” “ESTIMATES,” “BELIEVES,” OR STATEMENTS INDICATING CERTAIN ACTIONS “MAY,” “COULD,” OR “MIGHT” OCCUR.
ALL STATEMENTS AND EXPRESSIONS OF OPINION MADE ARE BASED ON DATA GENERATED BY BAM AND ARE NOT MEANT TO BE A SOLICITATION OR RECOMMENDATION TO BUY, SELL OR HOLD SECURITIES. BAM MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE ACCURACY OR COMPLETENESS OF THE STATEMENTS MADE REGARDING THE COMPANIES OR STOCK PURCHASES MENTIONED ON THIS WEBSITE. PAST PERFORMANCE IS NOT AN INDICATION OF FUTURE PERFORMANCE. BAM DOES NOT WARRANT THAT THE INFORMATION ON THIS WEBSITE AND ALL CONNECTED AND AFFILIATED SITES AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY MISTAKES REGARDING THAT INFORMATION WILL BE CORRECTED.
BAM OWNERS AND/OR FAMILY MEMBERS AND/OR EMPLOYEES AND/OR AGENTS MAY HAVE A PRESENT OR FUTURE FINANCIAL INTEREST IN COMPANIES OR ENTITIES DISCUSSED ON THE SERVICES. YOU AGREE THAT BAM IS UNDER NO OBLIGATION TO INFORM YOU OF ANY TRANSACTIONS MADE BY ANY OWNER, PARTNER, FAMILY MEMBER, EMPLOYEE, OR AGENT. YOU CONSENT TO THE POTENTIAL CONFLICT(S) OF INTEREST IN OUR PURCHASE, HOLDING, SALE, OR OTHER TRANSFER OF AN INTEREST IN THESE AND OTHER COMPANIES.
LIMITATION OF LIABILITY
BAM DOES NOT ACCEPT RESPONSIBILITY OR LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER LOSSES OR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF ACCESS TO, OR USE OF, THE SERVICES, OR ANY REPORTS OR INFORMATION CONTAINED IN IT. USERS AND INVESTORS SHOULD NOT RELY ON THE INFORMATION PROVIDED BY BAM. USERS AND INVESTORS SHOULD, INSTEAD, USE THE INFORMATION AS THE STARTING POINT FOR DOING ADDITIONAL INDEPENDENT RESEARCH ON THE COMPANIES MENTIONED IN ORDER TO ALLOW THE USER OR INVESTOR TO FORM HIS OR HER OWN OPINION REGARDING INVESTING IN THE COMPANIES MENTIONED.
BAM ENTITIES ARE NOT RESPONSIBLE FOR ANY LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, DIMINUTION IN VALUE, INCLUDING ANY ALLEGED LOSS OR DIMINUTION IN VALUE OF PERSONAL INFORMATION, OR ANY OTHER LOSSES ARISING FROM OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICES. BAM ENTITIES WILL NOT BE LIABLE FOR PROBLEMS CAUSED BY OTHERS, THE WRONGFUL OR UNLAWFUL ACTIONS OF THIRD PARTIES.
NOTWISTANDING ANYTHING TO THE CONTRARY HEREIN, BAM ENTITIES SHALL NOT BE LIABLE IN CONNECTION WITH ANY DISPUTES THAT ARISE OUT OF OR RELATE TO THESE TERMS OR SERVICES FOR ANY AMOUNT GREATER THAN THE AMOUNT YOU PAID TO BAM ENTITIES FOR THE SERVICES.
BAM shall not be liable for any failure to perform its obligations under these Terms if prevented or hindered from doing so by circumstances beyond its control. Those circumstances include, without limitation, fire, flood, earthquake, storm, hurricane or other natural disasters, war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption, server unavailability, failure of any technology hardware or software algorithm or instruction set, or failure of electricity/telephone/internet service.
We reserve the right to charge fees for the use of or access to the Services (and any associated support), whether currently in existence or not, at our sole discretion.
BAM may provide you with notices by, but not limited to, email, regular mail, text message or SMS, MMS, push notification or in-app message, postings on the Services, telephone, or other reasonable means. You consent to receive these notices by any and all of the foregoing means.
CONSENT TO RECORDING
You consent to the recording of any electronic or written correspondence and any or all telephone conversations between you, us, and any of our Entities in connection with this Term of Use or the Services. You agree and understand that recordings may be submitted in evidence (at BAM’s sole discretion) in any legal proceeding relating to the Services.
CHANGE IN FEES AND BILLING METHODS
We may change our fees and billing methods at any time. Your use of or subscription to the Service after the price change takes effect constitutes your agreement to pay the new price for the Service.
60-DAY NOTICE PERIOD
You must notify us about any billing problems or discrepancies within 60 days after they first appear on your billing method statement. If you do not bring them to our attention within 60 days, you agree that you waive your right to dispute such problems or discrepancies.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
ASSIGNMENT BY US
We may freely assign these Terms and all of the policies and other documents incorporated or referenced in it (including all rights, licenses, and obligations under it or them), in whole or in part and without notice, for any reason, including for the purpose of internal restructuring.
APPLICABLE LAW AND JURISDICTION
You understand and agree that these Terms shall be governed by and interpreted in accordance with the laws of the State of Delaware without regarding to any provisions relating to choice of laws among different jurisdictions. Each of the parties irrevocably agrees that any legal action or proceeding arising out of or relating to this Agreement brought by any other party or its successors or assigns shall be brought and determined in the Delaware Court of Chancery and any state appellate court therefrom within the State of Delaware.
CLASS ACTION WAIVER
THESE TERMS DO NOT ALLOW CLASS ACTION SUITS. COURT PROCEEDINGS HELD UNDER THESE TERMS CANNOT BE BROUGHT, MAINTAINED OR RESOLVED ON BEHALF OF OR BY A CLASS. IN ADDITION, INDIVIDUAL PROCEEDINGS CANNOT BE COMBINED WITHOUT THE CONSENT OF ALL OF THE PARTIES, INCLUDING BAM.
JURY TRIAL WAIVER
IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT YOU AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.
BAM may provide links to other websites or resources. Because BAM has no control over such sites and resources, you acknowledge and agree that BAM is not responsible for the availability of such external sites or resources. BAM do not endorse and is not liable for any content, advertising, products, or other materials on or available through such sites or resources.
Termination will not affect any of our rights or your obligations prior to termination. We shall not be liable to you or any third party for the termination or suspension of the Service or any claims related to such termination or suspension.
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. 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.
BAM’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on our website or in respect to the Services constitutes the entire agreement and understanding between you and BAM and shall govern your use of the Services. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.