Terms of Service
Before you click on the "I Agree" check-box please read this Terms Of Service (TOS) agreement carefully.
NO REFUNDS PERIOD WITH USE OF Alumni Renewal
BY CLICKING ON THE "I AGREE" CHECK BOX YOU ARE AGREEING TO BECOME A PARTY TO AND BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT.
As used in this Agreement, "we," "us" or "our" refers to Jay Ofner. & Eric R. and JOBracketBreakout.net and "you" or "your" refers to you the purchaser. The word "product" refers to the "software" or "course" or "program" you purchased. In some cases the Product may be contained on a website and only accessible through the website by entering a "Username" and "password".
This product is provided by Jay O. & Eric R. and JOBracketBreakout.net. Your access to and use of the product is governed by this Subscriber Agreement ("Agreement").
BILLING AND DELIVERY:
Your Credit Card will be processed by MERCHANT JOBracketBreakout.net. and show up on your statement as a charge by JOBracketBreakout.net. By clicking on the "I AGREE" check box you hereby authorize JOBracketBreakout.net to charge your designated credit card for the amount indicated, as well as any installment payments or monthly subscription payments as described. You are responsible for ensuring that the address and email you provide, on the form, are accurate and deliverable. In the case of a non-physical/digital product: Once payment is successfully processed you will be taken to a "membership registration page" where you will create a username and password for a members area which contains instructions for access your product. Follow up instructions and information may be sent to the email address you provided upon purchase.
ACCESS AND PASSWORDS:
As part of the purchase you may have selected or been assigned a particular username and password in accordance with our username and password guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO use THE USERNAME and PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE PRODUCT USING YOUR USERNAME OR PASSWORD. You agree that all actions taken by you, or any other person that accesses the product using your username and password will be attributed to and legally bind you, even with respect to acts for which the person had no actual authority or made an error. You assume all resulting liability from use of the product, and any services available on it, by you or others using your username or password. If you lose your username or password, please contact us at: firstname.lastname@example.org. If you believe someone has accessed the product using your username and password, without your authorization, email us at email@example.com to obtain a new username and password.
FEES AND PAYMENTS:
You are responsible for any fees or charges that may be incurred to access the product through an Internet service provider or other third party service. YOU, AND NOT Jay O. & Eric R. and JOBracketBreakout.net, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY EVEN IF THEY WERE NOT AUTHORIZED BY YOU.
Our Privacy Notice is a part of this Agreement and its terms are incorporated herein by this reference. Please read it now at the link on our site.
The product may contain bulletin board services, news groups, forums, and/or other message or communication facilities ("Communication Services") designed to enable you to communicate with others. You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service. You are also prohibited from submitting to, posting or transmitting through JOBracketBreakout.net sites and JO Bracket Breakout.net any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" is prohibited. You may not use a false email or postal address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content.
Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of Jay O. & Eric R. and JOBracketBreakout.net nor its affiliates, any of its officers, directors, employees, or agents. You acknowledge that Jay O. & Eric R. and JOBracketBreakout.net does not pre-screen all content, but that Jay O. & Eric R. and JOBracketBreakout.net and its designees shall have the right (but not the obligation) in their sole discretion to refuse or to remove any content that is made available via the Communication Services. Without limiting the foregoing, Jay O. & Eric R. and JOBracketBreakout.net and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You specifically agree that Jay O. & Eric R. and JOBracketBreakout.net is not responsible for any content sent using and/or included in the product by any third party.
COPYRIGHT AND RESTRICTIONS:
This product contains proprietary material of Jay O. & Eric R. and JOBracketBreakout.net (or material that other suppliers have licensed to us for our use) which is protected by copyright and other laws respecting proprietary rights. We retain all rights in the material and media, including (without limitation) all copyright and other proprietary rights worldwide in all media. You may not use the name "JOBracketBreakout.net” or “JO Bracket Breakout.net" except as expressly permitted under this Agreement and under U.S. copyright laws. Any routine and/or systematic redistribution of any portion of the products or information licensed herein is expressly prohibited.
End users who are duly authorized may Access the product for individual use, i.e., may view the information on screen; may download small portions of the information to a computer disk for personal convenience and later reference; and may print paper copies of small portions for personal use only.
The rights granted here are an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in its entirety any portion of the information or materials contained therein. No part of the information may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from Jay O. & Eric R. and JOBracketBreakout.net Any use not authorized by this Agreement is prohibited and is not a fair use under the U.S. copyright law.
You acknowledge that the information (and the licensed materials contained in the product) is highly proprietary in nature and that unauthorized copying, transfer or use may cause us and/or our suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this provision by you, or any subscriber or end-user, may be enforced by us, and/or any of our suppliers, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.
You agree that any supplier of any portion of the licensed materials may enforce its rights against you, even though that supplier is not a party to the Agreement.
You may not and may not permit others to: reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in or on the product in any manner whatsoever that may infringe upon any copyright or proprietary interest of Jay O. & Eric R. and JOBracketBreakout.net; distribute the information contained in the product to other users not duly authorized to Access the product; distribute, rent, sublicense, lease, transfer or assign the information or Agreement; decompile, disassemble, or otherwise reverse-engineer the product or information contained in or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law.
You are expressly prohibited from placing or installing any portion of the information on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without written authorization by Jay O. & Eric R. and JOBracketBreakout.net
If you breach any provision of this Agreement, Jay O. & Eric R. and JOBracketBreakout.net may immediately terminate this Agreement and all licenses granted hereunder without prior notice, in addition to any other available rights and remedies
LIMITATIONS ON USE:
The following activities are prohibited. You agree not to:
a. Use Web-accelerated browsers or products (including but not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other applications that are capable of copying large portions of content from the product. We can detect the use of these systems through live logfile analysis and will ban any future use by offenders. b. If you are using a robot/crawler to check Jay O. & Eric R. and JOBracketBreakout.net links, it must operate according to the robot guidelines. Do not leave new robots unattended and allow a minimum of 1 minute between automated requests. c. Use of any device, software or routine or the like to interfere or attempt to interfere with any Site functionality; d. Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure; e. Use any email addresses appearing on or in the product for purposes not relating specifically to the product; f. Access the product by any means other than through the interface that is provided by us, or attempt or access any area of the product to which your access is not authorized; g. Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating the product, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. h. Purchase any Jay O. & Eric R. and JOBracketBreakout.net product, event or membership and receive commission for your own purchase or subscription.
ACCURACY AND AVAILABILITY OF INFORMATION:
The product may contain database information and other content compiled by Jay O. & Eric R. and JOBracketBreakout.net While we use commercially reasonable efforts to provide accurate information, we gives no warranty as to the accuracy of the database and other content on the Site(s). we reserve the right to withdraw or delete information or content from the Site(s) at any time.
LINKS TO THIRD PARTY SITES:
Jay O. & Eric R. and JOBracketBreakout.net does not endorse the content on any third-party Web site, information or products, including Web sites of our affiliates ("Third-Party Sites"). Jay O. & Eric R. and JOBracketBreakout.net is not responsible for the content of Third-Party Sites that you reach through links contained in the product, sites framed within our Site, or third-party advertisements in the product, and we do not make any representations regarding their content or accuracy. Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a Third-Party site will be between you and the party providing that Web site and/or product. This means that Jay O. & Eric R. and JOBracketBreakout.net is not your agent and is not a party to any transaction at a Third-Party Site.
REPRESENTATIONS AND WARRANTIES:
You represent and warrant to us that: (a) you possess the legal right and ability to enter into this Agreement; (b) all information submitted by you to us is true and accurate; (c) you will be responsible for all use of your username and password even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
DISCLAIMER OF WARRANTIES:
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS product BY Jay O. & Eric R. and JOBracketBreakout.net AND ITS AFFILIATES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND. Jay O. & Eric R. and JOBracketBreakout.net AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Jay O. & Eric R. and JOBracketBreakout.net DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE PRODUCT AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND IN THE PRODUCT; (c) TRANSMISSIONS TO, FROM OR WITHIN THE PRODUCT; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE PRODUCT SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES, FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE PRODUCT WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
Jay O. & Eric R. and JOBracketBreakout.net MAKES NO CLAIMS AS TO FINANCIAL OR PERSONAL GAIN RELATED TO USE OF THE PRODUCT.
LIMITATION OF DAMAGES:
IN NO EVENT WILL Jay O. & Eric R. and JOBracketBreakout.net OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATION OF LIABILITY; Exclusive Remedy
ALSO, IN NO EVENT WILL Jay O. & Eric R. and JOBracketBreakout.net OR ANY OF ITS AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY Jay O. & Eric R. and JOBracketBreakout.net, FROM YOU, FOR PURCHASE OF THE PRODUCT.
You agree to indemnify and hold us harmless, and pay our attorney's fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of Jay O. & Eric R. and JOBracketBreakout.net
CONSENT TO ELECTRONIC NOTICES AND OTHER COMMUNICATIONS:
You agree that all of your transactions relating to the product may, at our option, be conducted electronically, including any that we are otherwise required to provide in "writing". For example, we may send you notices via email to the email address that you provided to us when you purchased the product. If you do not wish to deal with us electronically, you should not purchase the product and enter into this Agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided during purchase.
PRINT A COPY FOR YOUR RECORDS:
You agree to print or make an electronic copy of this Agreement and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.
You agree not to assign your rights under this Agreement without the consent of an authorized representative of Jay O. & Eric R. and JOBracketBreakout.net in a non-electronic record, and any assignment without our consent will be voidable at our option. This Agreement will inure to the benefit of Jay O. & Eric R. and JOBracketBreakout.net and bind the parties', respective successors and permitted assigns.
This Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supersedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by us except in a signed, non-electronic writing signed by an authorized representative of Jay O. & Eric R. and JOBracketBreakout.net
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and Jay O. & Eric R. and JOBracketBreakout.net or its affiliates as a result of this Agreement or your use of the Site.
RISK DISCLOSURE STATEMENT
The risk of loss in trading commodity futures contracts can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources. You should be aware of the following points:
(1) You may sustain a total loss of the funds that you deposit with your broker to establish or maintain a position in the commodity futures market, and you may incur losses beyond these amounts. If the market moves against your position, you may be called upon by your broker to deposit a substantial amount of additional margin funds, on short notice, in order to maintain your position. If you do not provide the required funds within the time required by your broker, your position may be liquidated at a loss, and you will be liable for any resulting deficit in your account.
(2) Under certain market conditions, you may find it difficult or impossible to liquidate a position. This can occur, for example, when the market reaches a daily price fluctuation limit (“limit move”).
(3) Placing contingent orders, such as “stop-loss” or “stop-limit” orders, will not necessarily limit your losses to the intended amounts, since market conditions on the exchange where the order is placed may make it impossible to execute such orders.
(4) All futures positions involve risk, and a “spread” position may not be less risky than an outright “long” or “short” position.
(5) The high degree of leverage (gearing) that is often obtainable in futures trading because of the small margin requirements can work against you as well as for you. Leverage (gearing) can lead to large losses as well as gains.
(6) You should consult your broker concerning the nature of the protections available to safeguard funds or property deposited for your account. ALL OF THE POINTS NOTED ABOVE APPLY TO ALL FUTURES TRADING WHETHER FOREIGN OR DOMESTIC. IN ADDITION, IF YOU ARE CONTEMPLATING TRADING FOREIGN FUTURES OR OPTIONS CONTRACTS, YOU SHOULD BE AWARE OF THE FOLLOWING ADDITIONAL RISKS:
(7) Foreign futures transactions involve executing and clearing trades on a foreign exchange. This is the case even if the foreign exchange is formally “linked” to a domestic exchange, whereby a trade executed on one exchange liquidates or establishes a position on the other exchange. No domestic organization regulates the activities of a foreign exchange, including the execution, delivery, and clearing of transactions on such an exchange, and no domestic regulator has the power to compel enforcement of the rules of the foreign exchange or the laws of the foreign country. Moreover, such laws or regulations will vary depending on the foreign country in which the transaction occurs. For these reasons, customers who trade on foreign exchanges may not be afforded certain of the protections which apply to domestic transactions, including the right to use domestic alternative dispute resolution procedures. In particular, funds received from customers to margin foreign futures transactions may not be provided the same protections as funds received to margin futures transactions on domestic exchanges. Before you trade, you should familiarize yourself with the foreign rules which will apply to your particular transaction.
(8) Finally, you should be aware that the price of any foreign futures or option contract and, therefore, the potential profit and loss resulting therefrom, may be affected by any fluctuation in the foreign exchange rate between the time the order is placed and the foreign futures contract is liquidated or the foreign option contract is liquidated or exercised. THIS BRIEF STATEMENT CANNOT, OF COURSE, DISCLOSE ALL THE RISKS AND OTHER ASPECTS OF THE COMMODITY MARKETS.
Risk Disclosure: We at JOBracketBreakout.net (JOBB) provide this material for informational and educational purposes only and should in no way be construed as investment recommendations. JOBB does not make recommendations in any securities, and does not provide financial, tax, or legal advice. Risk of loss in electronic trading can be substantial. Therefore, you should carefully consider whether such trading is suitable for you in light of circumstances and financial resources. Past performance is not indicative of future results.
U.S. Government Required Disclaimer – Commodity Futures Trading Commission Futures and Options trading has large potential rewards, but also large potential risk. There is a substantial risk of loss in trading futures, options and forex. Past performance is not necessarily indicative of future results. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don’t trade with money you can’t afford to lose. This is neither a solicitation nor an offer to Buy/Sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this web site. The past performance of any trading system or methodology is not necessarily indicative of future results. CFTC RULE 4.41 – HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN. All trades, patterns, charts, systems, etc., discussed in this advertisement and the product materials are for illustrative purposes only and not to be construed as specific advisory recommendations. All ideas and material presented are entirely those of the author and do not necessarily reflect those of the publisher or JOBracketBreakout.net. No system or methodology has ever been developed that can guarantee profits or ensure freedom from losses. No representation or implication is being made that using the JOBracketBreakout.net methodology or system will generate profits or ensure freedom from losses. The testimonials and examples used herein are exceptional results, which do not apply to the average member, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on his or her background, dedication, desire, and motivation.