TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
Bolsanova Technologies, SLU ("Bolsanova") provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular Bolsanova owned or operated services, you and Bolsanova shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
Bolsanova provides users with access to market alerts through its site and which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Bolsanova to provide the Service. You also understand and agree that the Service may include certain communications from Bolsanova, such as service announcements, administrative messages and the Bolsanova Newsletter, and that these communications are considered part of Bolsanova membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Bolsanova properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Bolsanova assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Spain or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Bolsanova has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bolsanova has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will provide a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Bolsanova of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Bolsanova cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
6. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
7. MODIFICATIONS TO SERVICE
Bolsanova reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Bolsanova shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Bolsanova may, under certain circumstances and without prior notice, immediately terminate your Bolsanova account, and access to the Service. Cause for such termination shall include, but not be limited to,
- breaches or violations of the TOS or other incorporated agreements or guidelines
- requests by law enforcement or other government agencies
- a request by you (self-initiated account deletions)
- discontinuance or material modification to the Service (or any part thereof)
- unexpected technical or security issues or problems
- extended periods of inactivity
- engagement by you in fraudulent or illegal activities, and/or
- nonpayment of any fees owed by you in connection with the Services
Termination of your Bolsanova account includes:
- removal of access to all offerings within the Service
- deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and
- barring of further use of the Service
Further, you agree that all terminations for cause shall be made in Bolsanova's sole discretion and that Bolsanova shall not be liable to you or any third party for any termination of your account or access to the Service.
9. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Bolsanova shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Bolsanova has no control over such sites and resources, you acknowledge and agree that Bolsanova is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Bolsanova shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
11. BOLSANOVA'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Bolsanova or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BOLSANOVA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- BOLSANOVA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOLSANOVA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOLSANOVA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BOLSANOVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
15. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to receive alerts or other information from the Service concerning companies, currencies, commodities, indexes, ETF or any other investment, please read the above Sections 12 and 13 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Bolsanova and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
16. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Bolsanova may provide you with notices, including those regarding changes to the TOS, by email or postings on the Service.
18. GENERAL INFORMATION
The TOS constitutes the entire agreement between you and Bolsanova and governs your use of the Service, superseding any prior agreements between you and Bolsanova with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Bolsanova services, affiliate services, third-party content or third-party software.
Choice of Law and Forum
The TOS and the relationship between you and Bolsanova shall be governed by the laws of Spain without regard to its conflict of law provisions. You and Bolsanova agree to submit to the personal and exclusive jurisdiction of the courts located in Madrid, Spain.
Waiver and Severability of Terms
The failure of Bolsanova to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability
You agree that your Bolsanova account is non-transferable and any rights to your Bolsanova account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
By entering bolsanova.com you agree to be bound by the Terms of Service. This site and the information included herein is for general information purposes only and does not constitute an offer to sell or solicitation of an offer to purchase any security or any advisory or trading management service described herein.
Buy and sell alerts presented on bolsanova.com are solely the result of an algorithm applied to the historic quotes of a security. They do not represent the opinions of bolsanova.com on whether to buy, sell or hold a particular security.
All members are advised to conduct their own independent research into individual securities before making a purchase decision. In addition, investors are advised that past strategies performance is no guarantee of future price appreciation or performance.
Furthermore, Bolsanova does not guarantee the accuracy or completeness of information on the site, nor does bolsanova.com assume any liability for any loss that may result from reliance by any person upon any such information or recommendations. Such information recommendations are for general information only.
Principals of Bolsanova and entities affiliated with them, and members of the Bolsanova community, may have already established positions in the investment ideas described on Bolsanova and may own, sell or buy any such security at any time. Any information posted to Bolsanova is solely the opinion of the posting member and does not represent the opinion of Bolsanova.
We do not and cannot guarantee the success of any investment decision or strategy. We make no promise that the market alerts in bolsanova.com will be profitable. The investments that might appear in bolsanova.com are subject to various market, currency, economic, political and business risks. Investing involves a high level of risk, and the securities in which you invest may be volatile and may depreciate rapidly.
The strategies also do not consider any cash you hold, other securities or investments that you may own.
We do not and cannot guarantee the completeness, accuracy or timeliness of the educational, news and financial market information that we obtain from others and make available to you. We may provide access to news and content provided by third parties over which we do not exercise editorial control or review, and we are not responsible for the content of such materials. You agree that we will not be liable for any action you take or decision you make in reliance on the information.
We use reasonable care, consistent with industry practice, in providing the Service. However, we do not guarantee that the Service or any content will be delivered to you uninterrupted, timely, secure or error-free.
You acknowledge that we will not be liable to you for any loss, damage, expense, liability, charge or claim of any kind whatsoever (collectively, "Losses") relating to your use of Bolsanova or caused by our advice, decisions or actions, except to the extent that such Losses are actual losses and the direct result of an act or omission taken or omitted by us while providing services which constitutes gross negligence or willful misconduct with respect to our obligations under this our Investor's Services Agreement. You further acknowledge that we will not be liable to you for any Losses caused by any other person who provides services for your portfolio, or directly or indirectly by circumstances beyond our reasonable control. However, federal and state securities laws may impose liability under certain circumstances on persons who act in good faith. This agreement does not waive or limit your rights under those laws.
WE DO NOT MAKE ANY IMPLIED WARRANTIES (INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).