Terms of Use

Last Modified: September 21, 2018

These Terms of Use (these “Terms”) govern your access to and the use the Sites or Services (sometimes referred to herein as the “App”) of BLUECHXP LLC, a Delaware limited liability company (“BLUECHXP”, “we”, “our” or “us”), however accessed, including any content, functionality, products and services, information about our products and services, your Accounts, and other tools offered. All capitalized terms not otherwise defined herein shall have the meanings set forth in the Privacy Policy which is incorporated herein by reference.

The BLUECHXP Sites and Services are offered to you subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy at http://www.BLUECHXP.com/privacy-policy) and any future modifications thereof, and procedures that may be published from time to time on the Sites or Services or made available to you on or through the BLUECHXP Services (collectively, the “Terms”). When accepted by you, these Terms form a legally binding contract between you and BLUECHXP. If you are entering into these Terms on behalf of an entity, you represent that you have the legal authority to bind that entity.

PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, CREATING AN ACCOUNT, POSTING OR DOWNLOADING CONTENT, AND/OR OTHERWISE USING THE BLUECHXP SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE BLUECHXP SERVICES.

Once accepted, these Terms remain effective until terminated as provided for herein.

We reserve the right to modify or change these Terms after providing notice to you. The form of such notice is at our discretion. For more information, please see Section 29 (Acceptance of and Modifications to These Terms) below.

We may, in our sole discretion, elect to suspend or terminate access to, or use of, the BLUECHXP Sites and Services by anyone who violates these Terms.

The official language used by BLUECHXP is English; in the event of a conflict between the English language version of this document and any version translated into any other language, the English language version shall prevail.

1. Definitions

Account” means a User Account.

Activity Feed” means the public, real-time feed of in-game activity from all Users, such as stock picks and reward redemptions.

App” means BLUECHXP’s mobile application.

BLUECHXP Materials” means the visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the BLUECHXP Services.

BLUECHXP Parties” means BLUECHXP, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors, and partners, and the officers, directors, employees, agents, and representatives of each.

BLUECHXP Services” means the Website, Services, Content, Sites and all content, services and/or products available on or through the Web Sites and mobile application.

Co-brand” means your display of any of the Intellectual Property, or your taking of other means of attribution or identification of BLUECHXP, in such a manner reasonably likely to give a third party the impression that you or the third party has the right to display, publish, or distribute our Sites or Services or any Content.

Company” means BLUECHXP and its parents, subsidiaries, partners, or affiliates.

Content” means all information and other materials present on the Sites, including BLUECHXP’s products and services, text, images, photos, trading ideas, opinions rumors, advice, charts, financial information, ratings, reviews, or similar information.

Contest” means any competition of skill offered through BLUECHXP’s sites, apps and services including, but not limited to, simulated profits or losses, leaderboard position or any other aspect of BLUECHXP’s current or future gameplay. Gameplay is subject to change at any time.

Controller” means a person or entity who, either alone or jointly, determines the purposes and means of the processing of Personal Data, controls the data, and is responsible for it, and does so with respect to persons (Data Subjects) who are physically located in the European Union.

Credit Card Information” means that information required to process a credit card payment, including the name of the credit card holder, the account number, the expiration date, the credit card holder’s billing address and/or billing zip code, e-mail address and, where required, the CVV number.

Data” means User Data.

Data Subject” means an identified or identifiable natural person.

Debit Card Information” means that information required to process a debit card payment, including the name of the debit card holder, the account number, the expiration date, the debit card holder’s billing address and/or billing zip code, e-mail address and, where required, the CVV number.

Designated Agent” means the BLUECHXP representative designated to receive notification of claimed infringement under the Digital Millennium Copyright Act.

EU” means the European Union.

EU User” means a natural or legal person residing in the European Union who has accepted these Terms.

Fee” means payment for using the activated Account.

Feedback” means your comments, feedback, information, or other materials regarding the Sites and Services.

Force Majeure Event” means any act or event beyond our reasonable control, including strikes, lock-outs, or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport.

GDPR” means the General Data Protection Regulation, adopted as Regulation (EU) 2016/679 of the European Parliament on April 14, 2016. The GDPR took effect on May 25, 2018.

Intellectual Property” means BLUECHXP’s Sites and Services, their contents, or any copyright, trademark, trade name, trade secret, service mark or any other proprietary information of BLUECHXP.

Linked Web Sites” means any Web Site owned by a third party to which or from which BLUECHXP’s site is linked.

Marks” means, collectively, the trademarks, service marks, slogans, logos, trade dress, and other identifiers displayed on BLUECHXP Sites and Services.

Materials” means BLUECHXP Materials.

Orders” means requests for memberships, subscriptions, Wallet resets, additional stock picks, unlocking the activity feed, or other services through the Sites or Services or through a third-party affiliate.

Our” means BLUECHXP’s.

Personal Data” means any information relating to an identified or identifiable natural person.

 “Restricted Business” means owning, operating, or developing a Web Site or application that serves as a platform pursuant to which persons or entities engage in simulated trading of financial instruments.

 “Services” means BLUECHXP Play and BLUECHXP Pro game play.

Simulated Dollars” means BLUECHXP’s in-game currency corresponding to stock gains/losses. Simulated Dollars can be used to redeem rewards in the Pro Shop but have no real dollar value.

Sites” means BLUECHXP’s websites, software, applications, online services, and products.

Special Terms” means any particulars, specifications and conditions by which the parties have agreed to deviate from these Terms.

 “Terms” means the terms and conditions contained in these Terms of Use and all other operating rules, policies (including, without limitation, our Privacy Policy at http://www.BLUECHXP.com/privacy-policy) and any future modifications thereof, and procedures that may be published from time to time on the Sites or Services or made available to you on or through the BLUECHXP Services.

Third Party Services” means products or services that may be referred to on our Sites or Services but that are not under the control of or maintained by BLUECHXP.

Us” means BLUECHXP.

User” means a natural person who is 18 years of age or older who is authorized to use BLUECHXP on behalf of himself/herself.

User Account” means certain functionality of the Sites or Services, access to which is limited to Users who have registered an Account for the applicable services and have been provided User Credentials.

User Content” means blogs, comments, or other content submitted by a User that is intended for public display on any of BLUECHXP’s Sites or Services.

User Credentials” means either (1) the unique e-mail/password combination or (2) OAuth Facebook access token associated with a User Account.

User Data” means your full name, profile picture, date of birth, payment information, transaction history, withdrawal history and password resets.

User ID” means a number generated upon User Account creation to provide a unique identifier distinguishing the User and his/her connected data and activity.

User Submission” means any comment, or personal information, including ideas, suggestions, opinions, comments, observations, or other material , posted to any public form on our Sites or Services, including any publication, article, social network page, blog, chat room, or other such forum.

Wallet” means your simulated gains/losses ledger.

We” means BLUECHXP.

Web Sites” means the compilation of all web documents (including images, php and html files) made available via www.BLUECHXP.com or its sub domains or domains with identical names under other top domains and owned by BLUECHXP.

You” and “Yours” means User and User’s.

2. Contact Information / Designated Agent

If you have any questions or comments or seek any additional information on BLUECHXP, please e-mail support@BLUECHXP.com. You may also write to us at:

Designated Agent

BLUECHXP LLC

130 S. Jefferson St., Suite 200

Chicago, Illinois 60661

We operate the following website: www.BLUECHXP.com. Additionally, we operate the following application available for download in the iTunes App Store: BLUECHXP.

Inquiries or other correspondence for the Designated Agent should be sent to the above mailing and/or electronic address.

3. GDPR

Pursuant to the terms of the European Union’s General Data Protection Regulation (“GDPR”) (EU Regulation 2016/679), where BLUECHXP, either alone or jointly, determines the purposes and means of the processing of Personal Data, controls the data, and is responsible for it, and does so with respect to Data Subjects who are physically located in the European Union, BLUECHXP is a Controller. As a Controller, BLUECHXP is bound by the provisions of the GDPR and agrees to comply with those provisions when in possession of such Personal Data.

 

4. Services

BLUECHXP is a safe place to practice picking stocks without risking a single penny. We believe in giving access to the market to everyone, without the need for capital.

5. Data

We intend to use the User Data in connection with BLUECHXP’s affiliated entities’ proprietary trading and for other commercial purposes, but how we use the User Data may vary, so sometimes we may use trading ideas based upon aggregated User Data and sometimes we may not. Regardless of how affiliates of BLUECHXP chose to trade, we believe that the User Data generated by you and other App Users will be such a valuable resource that if you demonstrate the ability to unlock the Pro Level and actively and positively build your Wallet, we are willing to pay a portion of simulated profits in real money to help make sure our Users take their trading as seriously as we do.

We believe access to the User Data we collect may better equip you in your picks and trading education. Any User (including you) granted access to such aggregated User Data is granted a nonexclusive, nontransferable, limited and revocable right to access and use all User Data collected by us and made available solely for such User’s personal, non-commercial and non-public use. In connection with this limited use, User Data received from other Users may stream in your “Activity Feed” and be available to you. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any User Data obtained through your use of the App, except for your personal, non-commercial and non-public use. You shall not access or use for any commercial purposes any User Data obtained through the App.

6. Eligibility

You represent and warrant that you are at least 18 years of age. In jurisdictions, territories and locations where the minimum age for permissible use of the Sites or Services is greater than 18 years of age, you represent and warrant that you meet the age requirement for the minimum age for permissible use of the Sites or Services. If you are under the minimum age for permissible use of the Sites or Services in your jurisdiction, territory or location, you may not utilize the Sites or Services.

BLUECHXP believes in fair play and friendly competition. We aim to provide a place where Users of BLUECHXP can learn good trading habits, we can aggregate the data derived from those trading habits, and all of us can foster a friendly and open environment for Users to hone their skills and be rewarded for their successes. Individuals demonstrating a pattern of dishonesty or disregard for the spirit of fair play not only taint our User Data pool, but affect the App as a whole. You represent and warrant that you have not been convicted of a felony involving dishonesty and are not subject to a “Statutory Disqualification” as defined in the Securities Exchange Act of 1934. If you have been convicted of a felony involving dishonesty or are subject to a Statutory Disqualification, you are not eligible to use the Sites or Services. This obligation is continuing throughout the use of the Sites or Services. If we determine at any point in time that any facts or circumstances which may cause you to be ineligible pursuant to this Section have occurred or have been misrepresented, we reserve the right to terminate your use of the Sites or Services at any time and you will forfeit any balance of your Wallet and will be liable to return any amounts withdrawn from your Wallet.

You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you. The right to access the Sites or Services is revoked where these Terms or use of the Sites or Services are prohibited or to the extent offering, sale or provision of the Sites or Services conflicts with any applicable law, rule, or regulation. The Sites or Services are offered only for your use, and not for the use or benefit of any third party.

You may not, without our prior written consent, access BLUECHXP Services (i) for production purposes, (ii) if you are a competitor of BLUECHXP, (iii) to monitor the availability, performance or functionality of the BLUECHXP Sites or Services, or (iv) for other benchmarking or competitive purposes.

7. Not a Broker-Dealer

You acknowledge and agree that we are not a broker-dealer, as such term is used in United States financial services regulations, and that we do not trade securities on our or another party’s behalf as part of the Sites or Services, nor do we directly offer any financial advice of our own as part of the Sites or Services. You acknowledge and agree that we are not liable for any losses or gains that may arise from your reliance upon information provided through the Sites or Services or your interaction with other Users.

8. Reliance on Information Shown on our Sites or Services (Content Provided by BLUECHXP)

The information presented on or through the BLUECHXP Sites or Services includes financial and market information. Such information is made available solely for education, entertainment and general information purposes. We do not warrant the accuracy, completeness, timeliness or usefulness of such information and such information has not been verified. Any reliance you place on such information is strictly at your own risk. We do not invite that any action be taken upon the information we provide. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Sites or Services, or by anyone who may be informed of any of its contents.

The information presented has been prepared without regard to individual investment objectives, financial situations or means. Such information is not intended to constitute investment advice and is not designed to meet your personal financial situation. Many of the investments described on or through our Sites or Services involve significant risks, and any discussion of risks contained on the Sites or Services should not be considered a complete discussion of risks involved. We recommend that you consult with your financial advisers about investment options and whether any investment may be appropriate for your specific needs prior to making any investments. You acknowledge and agree that you have sole responsibility for your investment decisions and that you should not rely solely on any information provided through the Sites or Service with regard to any investment decisions you make.

The information and material provided on the Sites or Services is not to be construed as an offer to buy or sell, or the solicitation of an offer to buy or sell, any security, financial product or instrument, or to participate in any particular trading strategy.

We use reasonable efforts to maintain the Sites and Services, but we are not responsible for any defects or failures associated with the Sites or Services, any content posted on the Sites or Services, the use of any widgets or similar applications, or any damages (including lost profits or other consequential damages, even if we have been informed of the same) that may result from any such defects or failures. The Sites or Services may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which we may undertake from time to time, or (c) causes beyond the control of BLUECHXP or which are not foreseeable by BLUECHXP.

Our Sites or Services include content provided by third parties, including materials provided by other Users, company owners, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in any such materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. Any such materials do not necessarily reflect our opinion and have not been verified by us. The information in such publications may become outdated, and we have no obligation to update it. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties whether shown on the Sites or Services or otherwise.

If any of our Sites or Services contain links to other sites and resources provided by third parties, those links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to our Sites or Services, you do so entirely at your own risk and subject to the terms of use for such websites.

The App may be sponsored by third parties from time to time and may display advertisements and promotions. You understand and acknowledge that BLUECHXP may place such advertising and promotions on, about, or in conjunction with any portion of the App and User Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

BLUECHXP has no financial interest in the outcome of any trades mentioned in the Sites or Services. However, third party licensors of User Data, affiliates of BLUECHXP, and/or principals of any affiliates of BLUECHXP may consider User Data in making investment decisions, including considering trading patterns, habits, and choices of Users.

We take no responsibility and assume no liability for any User Content. We have no obligation to pre-screen or monitor User Content. We reserve the right, upon notification or flagging from a third party, to delete or edit User Content, in whole or in part, for any reason or no reason, in our sole discretion at any time and without notice.

ALL CONTENT PRESENT ON THE SITE IS PROVIDED “AS IS,” WITHOUT ANY WARRANTIES CONCERNING THE CONTENT’S NATURE OR ACCURACY, EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.

9. Third Party Services

Our Sites or Services may refer to Third Party Services. You are responsible for performing your own due diligence and evaluating whether any Third Party Services are appropriate for you. You agree that BLUECHXP is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing or using such Third Party Services. If you access, visit, or use any Third Party Services referred to on our Sites or Services, you do so at your own risk.

10. Disclaimer of Warranties

BLUECHXP expressly disclaims all warranties, express or implied, with respect to the Content including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. BLUECHXP does not warrant or represent that the functions or operations of BLUECHXP Sites or Services will be uninterrupted or error-free, that defects will be corrected, or that BLUECHXP Sites or Services, its servers, or any e-mail sent from BLUECHXP are free of viruses or other harmful components.

BLUECHXP does not warrant that your activities or use of the sites or services are lawful in any particular jurisdiction and, in any event, BLUECHXP specifically disclaims such warranties, by using the sites or services, you act at your own risk, and you represent and warrant that your activities are lawful in every jurisdiction where you access or use the sites or services.

WITHOUT LIMITING THE ABOVE, BLUECHXP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY WITH REGARD TO ANY LINKED WEB SITE. BLUECHXP DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEB SITE.

THE INFORMATION, PRODUCTS, SOFTWARE OR SERVICE DESCRIPTIONS PUBLISHED ON OUR SITE OR A LINKED WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. BLUECHXP DISCLAIMS LIABILITY FOR SUCH ERRORS AND DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON OUR SITE OR A LINKED WEB SITE IS UPDATED OR COMPLETE. BLUECHXP HAS NO OBLIGATION TO UPDATE ANY CONTENT ON OUR SITE AND MAY CHANGE OR IMPROVE OUR SITE AT ANY TIME WITHOUT NOTICE.

We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made through OUR Sites or Services by any party other than us.

11. Limitation of Liabilities

IN NO EVENT WILL BLUECHXP, ITS PARENTS, SUBSIDIARIES, PARTNERS, OR AFFILIATES, OR THE RESPECTIVE SERVICE PROVIDERS, EMPLOYEES, AGENTS, MANAGERS, MEMBERS, OFFICERS OR DIRECTORS OF EACH BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST OPPORTUNITY, EVEN IF YOU HAVE NOTIFIED US ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES, ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS, USE, OR CONTENT OF OUR SITES OR SERVICES OR A LINKED WEB SITE WHETHER SUCH CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY.

IN NO EVENT WILL OUR LIABILITY FOR ANY CLAIM OF ANY KIND, WHETHER BASED IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY LOSSES OR DAMAGES ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM, THESE TERMS OR THE PERFORMANCE OR BREACH THEREOF, OR ANY PRODUCT OR SERVICE OR THE USE OR PERFORMANCE THEREOF, EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO BLUECHXP IN THE IMMEDIATELY PRECEDING MONTH FOR BLUECHXP’S PRODUCTS OR SERVICES OR (B) $100.

THIS LIMITATION ON LIABILITY INCLUDES TRANSMISSION OF VIRUSES THAT INFECT YOUR EQUIPMENT, MECHANICAL OR ELECTRONIC EQUIPMENT FAILURE, FAILURE OF COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECTS, UNAUTHORIZED ACCESS, THEFT, OPERATIONAL ERRORS, OR ANY FORCE MAJEURE.

12. Purchases; Credit Card and Other Financial Information

BLUECHXP may allow Users to place Orders. Upon placing an Order, you shall pay to BLUECHXP the purchase price as set forth in the “Order Summary” page or similar ordering mechanism. BLUECHXP or its third-party affiliates may utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment. Your purchase is subject to any additional terms and conditions imposed by such third-party payment processors. The purchase price and any applicable fees or taxes shall be applied to your chosen method of payment upon submission of your Order.

Upon the purchase of an Order, you acknowledge that BLUECHXP will provide availability and access to the particular service requested. Your participation in, or failure to use, such purchased service does not entitle you to a refund.

Prices and availability of products are subject to change without notice. Errors will be corrected where discovered, and BLUECHXP reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions including after an Order has been submitted and whether or not the Order has been confirmed and your payment method accepted and charged. In the event your payment method has been accepted and charged, BLUECHXP will issue you the appropriate credit within a reasonable time after your Order has been revoked.

BLUECHXP accepts payments via credit and debit card through our Sites or Services. Certain Credit Card Information and Debit Card Information will be encrypted and received via a secure page. You represent and warrant that you are an authorized signatory of the credit or debit card or other method of payment that you provide to BLUECHXP or its third-party payment processor to pay any fees or taxes related to your purchases of products or services through our Sites or Services.

We use industry standard technology and commercially reasonable measures to protect Credit Card Information and Debit Card Information from misuse. BLUECHXP may utilize the services of certain third-party payment processors to process payments of credit cards and other accepted methods of payment.

If you are directed to a third-party website to make purchases, your purchase will be governed by the terms of such third party website. If you desire to supply Credit Card Information, Debit Card Information, Personal Data, or financial information to any third party service provider or to any Linked Web Sites, you do so at your own risk and discretion. We strongly recommend you review the terms and conditions and privacy policy of any third party before providing such information. BLUECHXP is not responsible should you provide such information to any third party and is not responsible for the use of such information by any third party.

13. Linking to Our Sites

You may link to our Sites or Services, provided that (1) you do so in a way that is fair, in compliance with all applicable laws, rules and regulations, and does not damage our reputation and (2) you shall not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

14. Restricted Sites and Passwords/User Registration

Certain functionality of the Sites or Services is limited to Users who have registered an Account for the applicable services. Such Users will have a unique User Credentials and will have a User Account. You represent and warrant that all Account information is truthful and accurate and you will update such information to ensure its accuracy. You represent and warrant that you have provided a valid e-mail address at the time of registration. You agree that all information you provide to register with our Sites or Services or otherwise, including through the use of any interactive features on our Sites or Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You may update your personal information through our Sites or Services or by contacting us via the contact information provided above.

Users are responsible for the confidentiality of User Credentials, and shall be responsible and liable for access to or use of the Sites or Services by such User or any other person or entity using such User Credentials (whether or not such access has been authorized). You agree that access to the User Account will be limited to the User who subscribed under such Account. You agree to immediately notify BLUECHXP if you learn of or have reason to suspect any unauthorized use of your Account or any other breach of security.

You acknowledge and agree that BLUECHXP is authorized to act on all instructions received through your User Account, and that BLUECHXP may, but is not obligated to, deny access or block any transaction made through use of your User Account without prior notice if we believe that such User Account is being used by someone other than its registered User, or for any other reason.

BLUECHXP reserves the right to refuse to grant, or to revoke, particular User Credentials to any individual for any reason whatsoever, including, without limitation, if such User impersonates someone else, is protected by trademark or other proprietary rights law, is vulgar or offensive, or engages in activity which undermines the integrity of the Sites or Services. BLUECHXP shall not be liable for any loss or damage arising from a User’s failure to comply with this Section.

15. Submitting Content or Comments on Our Sites (Content Provided by You)

If you submit User Content, you agree to abide by these Terms.

You shall not submit User Content on our Sites or Services that: is illegal, indecent, profane (either directly or indirectly through partially obscured words, letters, phrases, terminology or the like), threatening, defamatory, derogatory, counter to BLUECHXP's Privacy Policy or otherwise injurious to BLUECHXP or any third parties, constitutes commercial solicitation or advertising (except where pre-approved in writing by BLUECHXP), or consists primarily of an unsolicited electronic mass mailing.

User Content shall not be abusive or harassing to any person. You may not submit materials that are or purport to be the Personal Data of others, such as full name, postal address, e-mail address, telephone number, or any other personal attribute which would constitute an invasion of privacy. User Content shall not be obscene, objectionable, offensive, tortious, deceptive, fraudulent, or invasive of another’s privacy or publicity rights.

While BLUECHXP takes all reasonable measures to ensure that User Content remains private, BLUECHXP does not guarantee that User Content will remain private, even if such User Content is entered into a password-protected section of the Sites or Services. Accordingly, you should not provide User Content that you want protected from others.

User Content shall not contain a software virus, worm, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

User Content shall not infringe in any manner on the copyright, trademark, or other intellectual property rights of any person or entity, and shall not contain privileged, confidential, proprietary or trade-secret information of any individual or entity, or that may violate the legal right of any person or entity in any jurisdiction or locale.

If you wish to submit materials to any of our Sites or Services, you are prohibited from impersonating any other individual or entity, or otherwise misleading any person or entity as to the origin of the comments.

You agree to disclose any conflict of interest, ownership interest, business, employment or other financial relationship you have with any company or financial instruments named in any User Content. You agree not to submit User Content with the intent to increase or decrease a financial instrument’s price and sell or purchase such financial instrument as a result of such increase or decrease. If you submit User Content about any stock or financial instrument while intending to purchase or sell such stock or a related financial instrument within 72 hours, any such User Content shall include a statement regarding your intended purchase or sale.

You shall not submit User Content that violates any local, state, national or international law, including but not limited to regulations of the U.S. Securities and Exchange Commission and the Financial Industry Regulatory Authority or other securities laws and the rules of any securities exchange. You agree that User Content will not constitute illegal activity, give rise to civil liability, or violate the contractual, personal, intellectual property or other rights of any other party.

16. Content License

By submitting User Content, you grant BLUECHXP an unrestricted, worldwide, non-exclusive, irrevocable, perpetual, fully paid-up and royalty-free right and license (“License”), in any form or format, in whole or in part, to host, store, maintain, use, reproduce, distribute, display, publish, modify, prepare derivative works of, and otherwise exploit all or any portion of such User Content on the Sites or Services and on any other websites, channels, or distribution platforms, for any purpose whatsoever, without accounting, notification, credit or other obligation to you, and the right to license and sublicense and authorize others to exercise any of the rights granted hereunder to BLUECHXP, in its sole discretion. All rights, licenses and privileges herein described are granted to BLUECHXP immediately upon submission of User Content and shall continue perpetually and indefinitely. Any information that you wish to remain private should not be submitted with or as User Content.

Furthermore, your submission of User Content signifies your representation and warranty of the following:

i)                     You have the right to submit the User Content and grant the License herein described;

ii)                    No further licenses, royalties, or permissions will be needed from a third party to use your User Content as herein described;

iii)                  User Content does not infringe any third party’s rights, including intellectual property and privacy rights; and

iv)                  User Content complies with the Terms and with all applicable laws.

17. Publicity/Privacy Release

Where legal, by using the Sites or Services (including entry into any Contest or Contests), Users consent to the use of their name, User ID or username, avatar, voice, likeness and photograph, and Contest results, as applicable, in and in connection with the development, production, distribution and/or exploitation of any Contest or the Sites or Services. Winners agree that from the date of notification by BLUECHXP of their status as a potential winner and continuing until such time when BLUECHXP informs them that they no longer need to do so that they will make themselves available to BLUECHXP for publicity, advertising, and promotion activities.

 

18. Contest of Skill

Contests offered through the Sites or Services are contests of skill. Winners are determined by the objective criteria described in the rules, deadlines, scoring and any other applicable documentation associated with the Contest. From all entries received for each Contest, winners are determined by the individuals who use their skill and knowledge of relevant trading information and trading concepts to accumulate the most Simulated Dollars according to the corresponding scoring rules. The Sites or Services may not be used for any form of illicit gambling.

19. Intellectual Property, Trademarks, and Copyrights

BLUECHXP Sites and Services and their entire contents, features, and functionality (including all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by BLUECHXP, its licensors, or other providers of such materials and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights, laws and treaties. You shall not challenge the ownership of or rights in BLUECHXP’s Sites or Services or any component thereof.

You are granted a nonexclusive, nontransferable, limited and revocable right to access, use, display, and navigate our Sites and Services solely for your personal, non-commercial and non-public use. You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of our material, except for your personal, non-commercial and non-public use. You shall not access or use for any commercial purposes any part of our Sites or Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Sites or Services in breach of these Terms, your right to use BLUECHXP Sites and Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our Sites or Services or any content on our Sites or Services is transferred to you, and all rights not expressly granted are reserved by BLUECHXP. Any use of our Sites or Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, trade secret, and other laws.

The Marks displayed on BLUECHXP Sites or Services are the property of BLUECHXP, unless otherwise disclosed. You are prohibited from using, removing, or altering any Marks for any purpose including use on other materials, in presentations, as domain names, or as meta-tags, without our written permission.

Except as expressly provided above, Intellectual Property displayed on BLUECHXP Sites and Services or on any of the Content may not be reproduced, altered, removed, transmitted, published, or distributed, whether electronically, mechanically, by photocopy, recording or otherwise, without the prior written permission of BLUECHXP. Use of any BLUECHXP trademarks as metatags on any third-party site is strictly prohibited. You may not Co-brand our site or display our site in frames (or any of the Content via in-line links) without prior written permission from BLUECHXP. You agree to cooperate with BLUECHXP in causing any unauthorized Co-branding, framing or linking to immediately cease. You may not remove, modify or alter any copyright, trademark or patent notice from any product delivered by us. You agree not to undertake any action that will interfere with or diminish our right, title or interest in our Intellectual Property.

20. Digital Millennium Copyright Act

The following policy has been adopted pursuant to the Digital Millennium Copyright Act (found at http://lcweb.loc.gov/copyright/legislation/dmca.pdf/):

The address of the Designated Agent can be found above in Section 2. If you believe that content or material provided through the Sites or Services infringes a copyright, please send a notice containing the following information to the Designated Agent:

(i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) identification of the material claimed to have been infringed or, if multiple works, a representative list of such works;

(iii) identification of the material that is claimed to be infringing, or the subject of infringing activity, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, your e-mail address;

(v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

21. Termination

Users may terminate receipt of any free service publications at any time by sending BLUECHXP a request for removal from the relevant distribution list. All free service publication e-mails will include a link allowing a User to unsubscribe. If you wish to terminate receipt of such publications, please use the link on the attached e-mail or see the contact information provided in Section 2.

BLUECHXP reserves the right to refuse or terminate your access to any of the BLUECHXP Sites or Services at any time in its sole discretion. Such termination may result from a violation of the Terms or other referenced agreements, unauthorized use or reproduction of any publication or information, or any reason or no reason as determined in BLUECHXP’s sole discretion. If such access is terminated, you agree you will not attempt to establish a new User Account under any name, real or assumed. All provision of these Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnities and limitations of liability.

All fees paid in connection with use of the Sites or Services are non-refundable upon payment and BLUECHXP will not refund any sums or portions thereof in connection with the termination of a User’s access to or use of the Sites or Services.

22. Jurisdiction and Enforceability

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois and the United States of America, without giving effect to any principles of conflicts of law. You irrevocably consent to the exclusive jurisdiction of the State and Federal courts located in the City of Chicago, State of Illinois, in connection with any action arising out of or related to these Terms or their subject matter. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.

23. Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by a Force Majeure Event. If a Force Majeure Event takes place that affects the performance of our obligations under these Terms, we will contact you as soon as reasonably possible to notify you. Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of a Force Majeure Event.

24. Waiver of Class Action Rights

IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER AFFILIATES OR PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM.

25. Indemnification

You agree to indemnify, defend, and hold the BLUECHXP Parties harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of our Sites or Services, (ii) your violation of the Terms, (iii) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity, (iv) any funding of your Account and any payment methods used. BLUECHXP reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of BLUECHXP. BLUECHXP will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

26. Other Prohibited Uses

You are solely responsible for any and all acts and omissions that occur under your User Account, and you agree not to engage in unacceptable use of the Sites or Services or any User Content including:

  • posting, storing or disseminating any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters or other fraudulent schemes, or any other form of solicitation

  • using any manual or automated software, devices or other processes to “crawl” or “spider” any web pages contained in the Sites or Services

  • using the Sites or Services to gain competitive intelligence about BLUECHXP or the Sites or Services to compete with BLUECHXP or its affiliates

  • harvesting or otherwise collecting any information about other Users, including, without limitation, e-mail addresses or other contact information

27. Restrictive Covenants

For a period of two (2) years from your acceptance of these Terms of Use, you agree not to, directly or indirectly, (i) engage in or assist others in engaging in the Restricted Business in the United States; or (ii) cause, induce, solicit, or encourage any client, partner, affiliate, or customer of BLUECHXP to terminate or modify its relationship with BLUECHXP.

28. Other Important Terms

These Terms are in addition to any other agreements between you and BLUECHXP.

Nothing in these Terms shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and BLUECHXP. Neither you nor BLUECHXP shall have any right, power or authority to act, or to create any obligation, express or implied, on behalf of the other party.

You agree that breach of the provisions of these Terms would cause irreparable harm and significant injury to BLUECHXP which would be both difficult to ascertain and which would not be compensable by damages alone. As such, you agree that BLUECHXP has the right to enforce the provisions of these terms by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies BLUECHXP may have for your breach of these Terms.

We reserve the right at any time in our sole discretion to:

·         modify, suspend or discontinue our Sites or Services or any service, content, feature or product offered through our Sites or Services, with or without notice;

·         charge fees in connection with the use of our Sites or Services;

·         modify and/or waive any fees charged in connection with our Sites or Services; and/or

·         offer opportunities to some or all Users of our Sites or Services.

You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Sites or Services, or any service, content, feature or product offered through our Sites or Services.

 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

We may terminate these Terms at any time without notice, and accordingly may deny you access to our Sites or Services, if in our sole judgment you fail to comply with any term or provision of these Terms. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

29. Acceptance of and Modifications to These Terms

We assume that all Users have read this document and agree to its content. If you do not agree with these Terms, you should refrain from using our Sites and Services.

These Terms may change from time to time. If we modify our Terms, we will notify you and post the revised statement here, with an updated revision date. If you do not agree to any changes to these Terms after receipt of notice, you shall discontinue your use of the Sites and Services.

30. Feedback

BLUECHXP welcomes your comments, feedback, information or other materials regarding the Sites and Services (collectively, “Feedback”). If you submit Feedback to BLUECHXP, please note that your Feedback shall become the property of BLUECHXP, and you hereby irrevocably assign to BLUECHXP all right, title and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis.

©2018 BLUECHXP LLC. All rights reserved.