By using any of our Services, You agree to comply with these TOU. If You do not agree to the terms and conditions contained in the TOU, You agree not to use the Services, and we do not consent to provide You with access to the Services. In addition, when using any of our Services, You and BNL Finance, its business units, subsidiaries and affiliates shall be subject to any posted guidelines or rules applicable to such Services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU.
This TOU relates to and is applicable to:
- Free content including blogs and forums written by Brian Nichols and our Contributors, emails, podcasts, webinars and conference calls (the “Free Services”), Staff-Generated Content (the “Free Service”), and free content written or provided by third parties which may include, without limitation, text, data, graphics, photographs, videos, or downloadable code or programs (“Third-Party Content”); and
- Membership content including blogs, notifications, portfolio tracker, option tracker, Eddy’s Corner, BNL Portfolio, and any other forums written by our Staff for which You must pay a membership fee (or in some cases a one-time fee) to access (the “Membership” services).
You affirm that you are over the age of 18, as the Site is not intended for children under 18. If it comes to BNL Finance’s attention through reliable means that a registered user is a child under 18 years of age, BNL Finance will cancel that user’s account.
- Changes to the TOU
We reserve the right at any time to:
- Change the terms and conditions of the TOU;
- Change the Site, including eliminating or discontinuing any content or feature of the Site; or
- Impose fees, charges or other conditions for use of the Site or parts thereof
- Increase prices or charges for members who are paying for premium products and services.
BNL Finance may modify the Site at any time without prior notice, and you accept those modifications if you continue to use the Site. You should check the Site frequently to see recent changes.
- Important Securities Disclaimer
You understand that no content published on the Site constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the bloggers, content providers, App providers, or their affiliates are advising you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter to the extent that any of the content published on the Site may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal, informational, 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 Site will not contain a list or description of relevant risk factors. In addition, please note that some of the stocks about which content is published on the Site have a low market capitalization and/or insufficient public float. Such stocks are subject to more risk than stocks of larger companies, including greater volatility, lower liquidity and less publicly available information.
You further understand that none of the creators or providers 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, transaction, investment strategy or other matter. 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 Site may contain opinions from time to time with regard to securities mentioned in other BNL Finance blogs or products, and that opinions in one blog or product may be different from those in another blog or product. You understand and agree that BNL Finance, Brian Nichols, its employees, bloggers, or contractors do not disclose what stocks or securities they own, and any mention of ownership is only done so to reinforce an outlook, opinion, or a hypothetical investment strategy like Brian Nichols’s BNL Portfolio. It is the discretion of each employee, blogger, or contractor whether they disclose the stocks they own. Brian Nichols does not. The “BNL Portfolio”and “Portfolio Tracker”available to BNL Members are done with the sole purpose of explaining, highlighting, and discussing an investment strategy of Brian Nichols or the person who creates the content and initiates the trade and/or portfolio. These transactions and holdings are provided as part of a service that is for informational and educational purposes only, and should not be viewed or considered to be actual trades. The purpose of the BNL Finance Portfolio Transactions and BNL Portfolio services is to illustrate to members how the content creator would invest a specific amount of funds, what the person would buy, sell, and how the portfolio would otherwise perform under these scenarios; it is not to be taken literally and all members agree to such.
You understand that performance data is supplied by sources believed to be reliable, that the calculations herein 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 on our Site to prior articles and opinions 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 Site 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.
- No Investment Recommendations or Professional Advice
The Site is not intended to provide tax, legal, insurance or investment advice, and nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by BNL Finance 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 an attorney or tax professional regarding your specific legal or tax situation.
- Copyright, Linking Policy and Trademarks
The Site and the content contained herein, as well as all copyrights, including without limitation, the text, documents, articles, products, software, graphics, photos, sounds, videos, interactive features, services, links, User Submissions (as defined below), third-party Apps, and any other content on the Site (“Content”) and the trademarks, service marks and logos contained therein are the property of BNL Finance and its third-party licensors or providers. You may access and use the Content, and download and/or print out copies of any content from the Site, solely for your personal, non-commercial use. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by using the Site. BNL Finance reserves all rights not expressly granted in and to the Site.
You may link to any content on the Site. If you are interested in reprinting, republishing or distributing content from BNL Finance, please contact BNL Finance to obtain written consent. BNL Finance™ is a trademark and/or service mark of BNL Finance or an affiliate. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners.
This section shall survive any termination of these TOU.
- Registration and User Conduct
In order to gain access to portions of the Services, You must become a member by choosing a unique user name, member name and password, and supply us with true, accurate, current and complete information about yourself, as required on the registration page.
You may not use, copy, display, sell, license, de-compile, republish, upload, post, transmit, distribute, create derivative works or otherwise exploit Content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the Content or use of the Content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.
In addition, in connection with your use of the Site and its services (including by sending private messages to other registered users of the Site via your BNL Finance direct messaging account), you agree not to:
- Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
- Use the Site for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
- “Frame” or “mirror” any part of the Site without our prior written authorization;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, “scrape”, “harvest” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
- Harvest or collect information about visitors to the Site without their express consent;
- Send unsolicited or unauthorized advertisements, spam, chain letters, etc to other users of the Site;
- Transmit any Content which contains software viruses, or other harmful computer code, files or programs.
You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and the content made available therein.
In order to access some of the services of the Site, you will have to create an account. To access all services of the site, you must be a paying member to BNL Finance. By creating a free or membership 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 (including without limitation a “Subscription”, as defined below in Section 18);
- 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;
You will be liable for any use made of your account or password and the losses of BNL Finance or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account.
BNL Finance has the right to terminate your access to the Site, in its sole discretion. If you are terminated and are a paying BNL Finance member, the balance of your membership will not be refunded.
- Overview of Posting Content; Monitoring Content
The Site permits the submission of Content by users of the Site for Standout Content, including without limitation comments, articles, links, and including from those who give permission to BNL Finance to post their Content (“User Submissions”) and the hosting, sharing and publishing of such User Submissions on the Site. BNL Finance has the right in its sole discretion and without further notice to you, to monitor, censor, edit, move, delete, and/or remove any and all Content posted on its Site or any Content transmitted by comments or by any other method to or from your BNL Finance user account at any time and for any reason. Without limiting the foregoing, BNL Finance has the right to delete any comment or Content that it believes, in its sole discretion, does or may violate the TOU of the Site by you.
On user-generated Standout Content and Comments, BNL Finance reserves the right to remove content that violates one of the following principles, as determined by BNL Finance, at our discretion:
- No incitement to hatred. Material that promotes hatred toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity will be removed.
- No pornography or pedophilia
- No direct or veiled threats against any person or group of people.
- No copyright infringement
- No plagiarism. This includes posting content verbatim from other sources without proper attribution and/or repurposing content from other sources and presenting it without reference to the content’s creator.
- No publishing of other people’s private and confidential information, such as credit card numbers, Social Security Numbers, and driver’s and other license numbers.
- No impersonation of others in a manner that is intended to or does mislead or confuse others.
- No use for unlawful purposes or for promotion of dangerous and illegal activities. Your account may be terminated and you may be reported to the appropriate authorities.
- No spamming, link-spamming or transmitting malware and viruses.
- No personal attacks.
- No profanity or vulgarity.
- No business solicitations or advertising.
- No inappropriate, unethical or misleading behavior.
Important note: BNL Finance encourages civil, thought-provoking debate and idea-sharing among investors and stock-market followers. In order to maintain a level of discourse appropriate to our user base, we are strongly opposed to trolling, uncivilized discussion, mudslinging, inappropriate language, and blanket dismissal of others’ ideas. At our discretion, we may delete comments and block/delete accounts of users we believe lower the level of discourse and courtesy we strive to engender.
Our Content is intended to serve as a discussion center for thoughtful users who make their own investment decisions, with or without the help of a broker. They are not the place for stock touters, cheerleaders or hypesters.
If an author has a business relationship with a company named in an article that he or she has authored, that relationship must be fully and accurately disclosed. Our staff is paid a monthly salary and bonuses tied to performance. We do not allow any staff or contributor producing content for BNL Finance to receive compensation from any third-party. Those who provide Standout Content are compensated for their content on an individual basis at the discretion of Brian Nichols. If it is found that any staff member or Standout Content provider has any such third-party relationships that include compensation, all content pertaining to that relationship and on BNL Finance will be removed immediately.
If you have any comments on our policies, or complaints or concerns of any kind about any posts, please contact us by using the Contact Us tab on bnlfinance.com. We will review all of the information that you communicate to us, but we may not be able to take action or respond directly to each email.
While we believe that the Site can and should be a positive environment for the exchange of information, you understand that the Site is open for posting to all users. Some individuals may post comments that may be offensive, indecent, objectionable, false, misleading or simply inappropriate.
- Responsibility for User Submission
Each individual who submits a User Submission, whether published on the Site or not, is solely responsible for her or his own acts, including the content, context or information in the User Submission he or she submits. This means that each individual, and not BNL Finance, is entirely responsible for anything and everything she or he posts on the Site. BNL Finance does not, and does not intend to, pre-screen any comments posted on its Site, and BNL Finance cannot and does not guarantee the accuracy, integrity or quality of anything that may appear on its Site.
We reserve the right to access, read, preserve, and disclose any User Submissions (whether published or not) or any other information we believe is reasonably necessary to (a) comply with any applicable law, regulation, legal process, subpoena or governmental or regulatory request, (b) enforce these TOU, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of BNL Finance, its users, yourself or the public.
- Disclaimer of Warranties
THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BNL FINANCE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR SITE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
BNL FINANCE AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF BNL FINANCE OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
- Limitation of Liability
NEITHER BNL FINANCE NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH BNL FINANCE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO BNL FINANCE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE OR ANY SERVICES, DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
As a condition of your use of the Site, you agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TOU; (b) your use of the Site; (c) your violation of the rights of any third party, or (d) any claim that one of Your Submissions caused damage to a third party. This defense and indemnification obligation will survive these TOU and your use of the Site.
You understand and agree that BNL Finance may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violators of third party copyrights or other intellectual property.
- Copyright Policy
BNL Finance respects the intellectual property of others, and we ask our users to do the same. BNL Finance may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
- 16.1: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- 16.2: a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- 16.3: a description of where the material that you claim is infringing is located on the site, including the URL;
- 16.4: your address, telephone number, and email address;
- 16.5: a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- 16.6: a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
- Additional Terms that Apply to BNL Finance’s iPhone® Mobile Application
By downloading BNL Finance’s mobile application on your iPhone® mobile device (the “Licensed Application”), your use of the Licensed Application is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you download the Licensed Application. In addition, you agree to the following terms:
- You acknowledge that this TOU is entered into by and between You and BNL Finance exclusively and not with Apple, Inc. or its subsidiaries (“Apple”).
- Any appearance of the word “Site” in the TOU is also intended, where appropriate, to include a reference to the Licensed Application.
- As between BNL Finance and Apple, we are exclusively responsible for the Licensed Application and its content, unless specifically noted otherwise in the TOU,
- BNL Finance grants you a nontransferable, nonexclusive, royalty-free, fully paid, worldwide license (without the right to sublicense) to install and use one copy of the Licensed Application, in executable object code format only, solely on your iPhone® mobile device.
- Except as required by applicable law, You acknowledge that neither BNL Finance nor Apple are obligated to maintain or support the Licensed Application. Notwithstanding the foregoing, from time to time, we may provide updates or upgrades to the Licensed Application (each a “Revision”), but we are not under any obligation to do so. Such Revisions will be supplied according to BNL Finance’s then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the Licensed Application. All references herein to the Licensed Application shall include Revisions. This TOU shall govern any Revisions that replace or supplement the original Licensed Application unless the Revision is accompanied by a separate license agreement which will govern the Revision.
- Currently, we do not charge for Your use of the Licensed Application, however, your use of the Licensed Application requires and utilizes internet connection or data access. To the extent that a third party service provider or carrier charges for Your internet or data usage, you agree to be solely responsible for those charges.
- In the event of any failure of the Licensed Application to conform to any applicable warranty provided herein, You may notify Apple, and Apple will refund the purchase price, if any, for the Licensed Application to You. Furthermore, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Licensed Application to conform to any warranty.
- To the extent that a claim is permitted pursuant to this TOU, BNL Finance, and not Apple, is responsible for addressing Your claims or those of any third party relating to the Licensed Application or Your possession and/or use of the Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Similarly, if there is a third party claim that the Licensed Application or Your possession and use of the Licensed Application infringes a third party’s intellectual property rights, BNL Finance, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
- Apple is an intended third-party beneficiary of this Section 17, Additional Terms. You acknowledge that Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms or conditions of this Section 17 against you as a third-party beneficiary of this Section 17.
- Additional Terms that Apply to BNL Finance Paid Memberships & Users of the site
- By subscribing to BNL Finance Membership products (the “Membership”), you agree to pay the applicable Subscription fees set forth on the Site. BNL Finance reserves the right to revise Membership fees.
- We remind you that all the rules applicable to setting up an account under Section 6 above (entitled, “User Conduct”) apply to your Membership.
- Unless we notify you in writing otherwise, you are not permitted to share Content available through your Membership.
- Unless stated otherwise in writing, Membership fees are nonrefundable, and are billed monthly but are recurring unless otherwise canceled by the member in their account settings.
- All members realize that the information provided in the BNL Finance Membership section of the site is for educational and informational purposes only. This includes but is not limited to stock ratings, stock price targets, portfolio transactions, and portfolio values. Contributors, staff, Brian Nichols, and any other person producing content for members is not required to disclose their positions in any security, unless specified at the end of a post. Otherwise, all content and posts are using hypothetical situations and scenarios.
- Members who choose to receive notifications are responsible for any carrier fees. Members who do not accept these potential charges have the choice to turn off notifications.
- Eddy’s Corner is not a solicitation for online gambling. It is for entertainment purposes only, and should be viewed as such.
- David’s Dividend Portfolio is a Member’s Only service that explains and illustrates the benefits of long-term dividend investing. It is not a solicitation to own any specific security, which may or may not be owned by the author.
- Notifications are sent to email addresses and phone numbers provided by members, and will not be sent elsewhere without the member’s consent.
- By accepting notifications, members understand that all trade notifications may or may not be real, and that trades made in the BNL Portfolio are done so to reflect our outlook on the market, a specific security, and further document our investment philosophy. Trading notifications are not a solicitation to buy or sell a specific security, as trades made by contributors are not investment advise. BNL Finance is not a registered investment advisor. The notifications are for information, disclosure, and documentation purposes in support of the BNL Finance investment philosophy.
- By using BNLFinance.com or being a paying member, you accept and understand that neither BNL Finance nor any of its employees or owners are financial advisors. We do not provide financial advise. All information of BNLfinance.com is for educational and informational purposes only, and should not be viewed otherwise.
- BNL Portfolio Performance reflects the average weekly value of the BNL Portfolio. The performance may or may not be accurate, and is more an estimation than actual performance. Neither the data nor the performance has been verified by a third party
- BNL Finance’s Top Picks are figured using transactions posted in the Portfolio Tracker, positions held or have previously been held in the BNL Portfolio, and other statements and opinions made on BNLFinance.com. The information provided is believed to be correct, but BNL Finance nor any of its officers assume liability for information that may be incorrect. The purpose of top picks is to further validate the investment paradigm and strategy on which BNL Finance LLC was founded on. It is not to recommend, solicit, or otherwise convince any user to make an investment decision. Top Picks is for informational and educational purposes only, and is used as a means for BNL Finance staff, contributors, and officers to track the performance that they believe to be correct.
The Site is directed solely to individuals residing in jurisdictions in which provision of the Site’s content is legal. We make no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.