TERMS OF SERVICE
By using and/or subscribing to become a member of this Site, you are stating that you understand and agree to be bound by the terms and conditions of this user agreement (the “agreement”). Please read the agreement. If you disagree with anything in this agreement, please do not use the site or any services provided in connection with the site.
To use the Members Area (hereinafter “Site”), you must register to become a bigenergyprofits.com member (hereinafter “Member”). The term “Company” shall mean Big Energy Profits, bigenergyprofits.com or bigenergyprofits.com/members collectively or individually.
The Company contracts with a number of individuals to provide analysis for a number of different products and services. This would include alert services, analysis/research services as well as software and trader education service. In many cases these products will highlight a specific expert as the face of a given product. The company has the right at its sole discretion to replace said expert for a person or persons providing the replacement is/are capable of reasonably providing said service.
We reserve the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any such action.
If you would like to register to become a Member, please complete our membership registration form. When you do, you agree to: provide true, accurate, current and complete information as prompted by the registration form, maintain and update such information to keep it true, accurate, current, and complete at all times, and that you are the age that you state.
If any information provided by you on the registration form is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to so believe, we have the right to suspend or terminate your membership and to refuse to provide you with any future membership. If we have reason to believe that you have registered someone other than yourself, we will cooperate with any law enforcement investigation that may result from such misrepresentations and shall have the right, in our sole discretion, to disclose any information you provided to us in connection with such registration.
The Company makes a good faith effort to prohibit registration as a Member by (and will not knowingly connect or store personal information from), children as governed by law.
We reserve the right at any time to change the fees for access to Site content or services or to portions of the existing Site content or services or the Site as a whole. In no event will you be charged for access to any Site content or service, or to the Site as a whole, unless we obtain your prior agreement to pay such charges. If you do not consent to such charges, however, you may not have access to paid content or service.
This Refund Policy states in full our policy regarding refunds of membership fees, fees paid for services, and/or fees paid for products.
Different products/programs will hold different refund periods. If no refund period is stated on the sales page or order page than you can assume the program offers No Refunds. For products/programs that do state a refund period that period (in consecutive calendar days) does begin on the day the initial purchase is made (please note that the charge may take multiple days to process therefore your bank statement is not an accurate reflection of the start date of this policy). If you are offered the ability to upgrade a monthly program to a complete ownership access there is no refund period associated with this upgrade. By purchasing this upgrade you are in fact stating you want to continue with the software. In the case of a monthly subscription there are no refunds issued once the new month has been paid for. Please see the “Cancellation” section for details and instructions on cancellation of your product/program.
To cancel your subscription, email us at [email protected] at least 24 hours prior to your renewal date. This is the only way to cancel your subscriptions or request a refund for a product with Big Energy Profits. If your cancellation requests is not made 24 hours prior to your renewal date, then you will be charged for an additional time period (per your agreement) and any cancellation request at this time will go into affect for the next period. Cancellation requests can not be processed by phone, voice-mail or live chat.
SMS / TEXT MESSAGING
The Company does not charge you additional to use our SMS / Text Messaging Service associated with the use of the Trade Alert Pro software. However, standard messaging charges may apply from your wireless carrier. Please consult your wireless carrier for applicable text messaging fees. Under no circumstances will Company be responsible for fees that your wireless carrier or other third parties may charge you for use of the Service. The following list of carriers is supported by the Company’s SMS / Text Message Service: In the USA (Alltel, AT&T, Cingular, Boost, Cincinnati Bell, Dobson, Nextel, Sprint, T-Mobile, Verizon and Virgin), and most networks Internationally and in Canada. If you have a specific network you would like to know if the Company supports, please send a message to [email protected] to request more information about your carrier.
Our provision of a link to any other site or location is for your convenience and does not signify our endorsement of such site or location of its contents. The Company shall not be responsible for any information, software, or links found at any other World Wide Web site, Internet location, or source of information, for your use of such information, or for e-commerce transactions conducted at or through any linked site or location.
DISCLAIMER OF WARRANTIES
You expressly agree that your use of the Site, including, without limitation, any material, product and/or data developed by the Company or by third parties (“information providers”), is at your sole risk. The site, and any content or materials available through the site, are provided on an “as is” and “as available” basis and without warranty of any kind, express, implied or statutory. An effort is made to provide accurate information for the use of Members. The Company and the information providers hereby expressly disclaim all such warranties including, without limitation, any implied warranties or merchantability, fitness for a particular use or purpose, title, or non-infringement, or any warranty as to results that may be obtained through the use of the site. The Company does not represent or warrant that the site will function without interruption, that the site is error or defect-free, that any such defects or errors will be corrected, or that the site and the server(s) that make the site available are free of viruses or other harmful components. No advice or information, whether oral or written, that you obtain from the Company or otherwise through your use of the site shall create any warranty on the part of the Company or the information providers. Further, the Company and the information providers do not warrant or represent that the use or the results of the use of any content or materials made available through the site or from third parties will be correct, accurate, timely, reliable or otherwise.
LIMITATIONS ON LIABILITY
In no event shall the Company, the information providers or any other person or entity involved in creating or distributing the Site be liable for any direct, indirect, incidental, special or consequential damages, however arising and under any theory of liability (including, without limitation, tort, including negligence and strict liability, breach of contract or breach of warranty), that result from your use or inability to use the site, any changes to the site or this agreement, unauthorized access to or alteration of your transmission of data, any material or data sent or received or not sent or received, or any transactions entered into through the site. The Company is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights.
If you are dissatisfied with the Site or the services, content or materials available on or through the site, your sole and exclusive remedy is to discontinue using the site. The foregoing limitations on liability shall be applicable even if the Company or the applicable third party knew or should have known of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
ALLOCATION OF RISK
You agree that the disclaimer of warranties, limitations on liability, and indemnification provisions set forth in this agreement represent and agreed upon allocation of risk between you and the Company and form an essential part of the basis of their bargain, without which the Company would not enter into this agreement or provide the Site.
OWNERSHIP OF MATERIALS
The contents of the Site, including without limitation text, software, photos, graphics, and all other audiovisual elements are copyrighted by the Company as a collective work under the United States copyright laws. Except for material in the public domain, the Company and its licensors hold copyrights to all content appearing on the Site.
Reproduction, distribution, retransmission, modification, public display, and public performance of any data or materials from the Company’s Site(s) is strictly prohibited without the prior written consent of the Company. To obtain such consent, please contact us.
REMOVAL OF MATERIAL FOR WHICH COPYRIGHT INFRINGEMENT IS CLAIMED
The Company respects the intellectual property rights of others. Pursuant to Title 17 U.S.C.512, as amended by Title II of the Digital Millennium Copyright Act (“the Act”), the Company has implemented procedures for receiving written notification of claimed copyright infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed by a Member, please contact us. The information requested by the Notice of Infringement Form substantively complies with 17 U.S.C. 512(c)(3)(A), which provides:
To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, electronic e-mail address at which the complaining party may be contacted.
A statement that the complaining party has 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.
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.
Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
Please provide Notice of Infringement Form information each time you wish to report alleged acts of infringement.
Please note that the Company will terminate in appropriate circumstances the account of any Member who repeatedly posts infringing material on the Site.
You agree to hold harmless the Company and its Information Providers and any other person or entity involved in creating or distributing the Site, as well as each of their respective affiliates and their respective directors, officers, employees and agents, from and against any and all claims, liabilities, damages, losses, costs, fees (including reasonable attorneys fees) and expenses that such parties may incur as a result of or arising out of your (or, in the case of Members, anyone using your account) use of, or conduct with respect to, the Site.
MODIFICATION OF AGREEMENT
You agree that the Company may change the terms and conditions of this Agreement, unilaterally, and at any time, by conspicuously posting notice of such change on the Site for a period of five (5) consecutive days. Continued use of the Site after such notice will constitute your acknowledgment and acceptance of the revised terms and condition.
This Agreement contains the complete and final statement of the understanding between you and the Company with respect to, and supersedes any and all prior or contemporaneous negotiations, agreements or communications, whether written or oral, between you and the Company concerning, the subject matter of this Agreement.
If any provision of this Agreement is rendered by a court or governmental agency of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this Agreement, which shall remain in full force and effect and be enforced in accordance with its remaining terms.
The waiver by the Company of a breach or default of any of the provisions of this Agreement by you shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of the Company to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by you.
You agree that, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are solely used for convenience and have no legal or contractual significance.
All provisions of this Agreement that, by their nature, survive termination of this Agreement will survive termination including without limitation, the Site Rules, Public Areas, Links, Disclaimer of Warranties, Limitations on Liability, Allocation of Risk, Ownership of Materials, Indemnification, Choice of Law/Jurisdiction and Venue and General sections of this Agreement.
WITH THE OPPORTUNITIES, STRATEGIES, AND PROGRAMS FEATURED ON THIS SITE, OR IN THE BOOKS, ARTICLES, REPORTS, OR NEWSLETTERS PUBLISHED BY THE OWNER OF THIS WEB SITE, WE MAKE NO IMPLICATIONS, WARRANTIES, PROMISES, SUGGESTIONS, OR GUARANTEES WHATSOEVER IN ANY MANNER OF SPEAKING, IN WHOLE OR IN PART, THAT BY JOINING, RESPONDING TO, FOLLOWING, OR ADHERING TO ANY PROGRAM OR INFORMATION FEATURED ANYWHERE IN THIS WEB SITE OR ELSEWHERE WITH REGARDS TO THE OWNER OF THIS SITE THAT YOU WILL MAKE MONEY (OR WHATEVER THE TOPIC OR CONTENT IN QUESTION MAY APPEAR TO IMPLY).
YOUR SUCCESS IN THESE OR ANY EFFORTS DEPENDS ON NUMEROUS FACTORS. WE ASSUME NO RESPONSIBILITY FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF ANY LINK, INFORMATION, OR OPPORTUNITY CONTAINED WITHIN THIS WEB SITE, WITHIN ANY PUBLICATION AUTHORED BY THE OWNER OF THIS SITE, OR WITHIN ANY INFORMATION DISCLOSED BY THE OWNER OF THIS SITE IN ANY FORM WHATSOEVER.
IF YOU ARE GRANTED A PASSWORD TO ACCESS THE MEMBER’S ONLY SITE OR OTHER RESTRICTED SECTIONS OF THIS WORLD WIDE SITE, YOU AGREE NOT TO SHARE THE PASSWORD WITH ANY OTHER PARTY. IF YOU SHARE THIS INFORMATION WITH THIRD PARTIES, YOU AGREE TO REIMBURSE BIG ENERGY PROFITS FOR ANY AND ALL LOSSES RELATED TO YOUR ACTIONS, INCLUDING LOST REVENUE, BANDWIDTH CHARGE, MEMBERSHIP FEES AND ATTORNEYS FEES.
MEMBER IS ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF MEMBER’S PASSWORD AND ACCOUNT. FURTHERMORE, MEMBER IS ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER MEMBER’S ACCOUNT AND AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE PROVIDERS FOR ANY LIABILITY OR EXPENSE ARISING FROM SUCH USE OR MISUSE. MEMBER AGREES TO IMMEDIATELY NOTIFY BIG ENERGY PROFITS OF UNAUTHORIZED USE OF MEMBER’S ACCOUNT OR ANY OTHER BREACH OF SECURITY PERSONALLY KNOWN TO MEMBER.
SOME OF THE MATERIALS CONTAINED IN THIS WEB SITE WAS OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE AND GREAT CARE WAS TAKEN TO PROVIDE ACCURATE INFORMATION. HOWEVER, BIG ENERGY PROFITS IS NOT RESPONSIBLE FOR THE CORRECTNESS OF THE INFORMATION CONTAINED IN THIS WEB SITE, NOR ARE THEY ENGAGED IN RENDERING ANY LEGAL, PROFESSIONAL, ACCOUNTING OR MEDICAL ADVICE. READERS ARE URGED TO SEEK THE SERVICES OF A COMPETENT PROFESSIONAL, IF APPLICABLE. RESPONSIBILITY FOR THE USE OF ANY AND ALL INFORMATION CONTAINED HEREIN IS STRICTLY AND SOLELY THAT OF THE USER. THE CONTENTS OF THIS WEBSITE ARE PROVIDED AS INFORMATION ONLY. YOUR OWN JUDGMENT IS REQUIRED.
IN ACCORDANCE WITH THE FTC GUIDE LINES CONCERNING USE OF ENDORSEMENTS AND TESTIMONIALS IN ADVERTISING, LET US MAKE YOU AWARE OF THE FOLLOWING CIRCUMSTANCES:
TESTIMONIALS APPEARING ON THIS SITE ARE ACTUALLY RECEIVED VIA TEXT, AUDIO OR VIDEO SUBMISSION. THEY ARE INDIVIDUAL EXPERIENCES, REFLECTING REAL LIFE EXPERIENCES OF THOSE WHO HAVE USED OUR PRODUCTS AND/OR SERVICES IN SOME WAY OR OTHER. HOWEVER, THEY ARE INDIVIDUAL RESULTS AND RESULTS DO VARY. WE DO NOT CLAIM THAT THEY ARE TYPICAL RESULTS THAT CONSUMERS WILL GENERALLY ACHIEVE. THE TESTIMONIALS ARE NOT NECESSARILY REPRESENTATIVE OF ALL OF THOSE WHO WILL USE OUR PRODUCTS AND/OR SERVICES.
THE TESTIMONIALS DISPLAYED (TEXT, AUDIO AND/OR VIDEO) ARE GIVEN VERBATIM EXCEPT FOR CORRECTION OF GRAMMATICAL OR TYPING ERRORS. SOME HAVE BEEN SHORTENED MEANING; NOT THE WHOLE MESSAGE RECEIVED BY THE TESTIMONY WRITER IS DISPLAYED, WHEN IT SEEMED LENGTHY OR NOT THE WHOLE TESTIMONIAL SEEMED RELEVANT FOR THE GENERAL PUBLIC.
BIG ENERGY PROFITS IS NOT RESPONSIBLE FOR ANY OF THE OPINIONS OR COMMENTS POSTED TO OUR SITE. BIG ENERGY PROFITS IS NOT A FORUM FOR TESTIMONIALS, HOWEVER PROVIDES TESTIMONIALS AS A MEANS FOR CUSTOMERS TO SHARE THEIR EXPERIENCES WITH ONE ANOTHER. TO PREVENT AGAINST ABUSE, ALL TESTIMONIALS APPEAR AFTER THEY HAVE BEEN REVIEWED BY MANAGEMENT OF BIG ENERGY PROFITS. BIG ENERGY PROFITS DOES NOT SHARE THE OPINIONS, VIEWS OR COMMENTARY OF ANY TESTIMONIALS ON THIS SITE, AND ARE STRICTLY THE VIEWS OF THE REVIEWER.
AS A CONSUMER/USER OF BIG ENERGY PROFITS PRODUCTS AND/OR SERVICES, BY SUBMITTING YOUR TESTIMONIAL YOU GIVE US PERMISSION TO REPRINT, REPRODUCE OR USE THE TESTIMONIAL IN CONNECTION WITH OUR BUSINESS. YOU ALSO ARE AGREEING TO THE FOLLOWING: (1) THE REPRINT, REPORDUCE OR USE OF THE TESTIMONIAL WILL BE AT OUR DISCRETION AND WITHOUT COMPENSATION; (2) WE MAY USE THE TESTIMONIAL WITH OR WITHOUT ANY PSEUDO (PEN) NAME CREDIT; (3) WE MAY USE A DIFFERENT IMAGE OR LIKENESS OF YOU IN THE DISPLAY OF THE TESTIMONIAL AT OUR DISCRETION AS A PROTECTIVE MEASURE FOR SECURITY REASONS; (4) OUR RIGHT TO USE THE TESTIMONIAL IS PERPETUAL AND MAY BE ASSIGNED BY US; (5) WE MAY USE THE TESTIMONIAL LOCALLY, NATIONALLY OR GLOBALLY AND SUCH USE MAY BE MADE IN ANY MEDIA, INFORMATION OR COMMUNICATION PLATFORM (INCLUDING INTERNET ADVERTISING) CURRENTLY IN USE OR LATER DEVELOPED; AND (5) YOU AND NOT SOMEONE ELSE COMPOSED, SUBMITTED AND POSTED THE TESTIMONIAL.
BY SUBMITTING YOUR TESTIMONIAL (TEXT, AUDIO AND/OR VIDEO), YOU ARE AGREEING TO OUR TERMS AND CONDITIONS AS LISTED ON THIS PAGE.
YOU AGREE THAT BIG ENERGY PROFITS MAY, IN ITS SOLE DISCRETION, TERMINATE YOUR PASSWORD AND PROHIBIT YOU ACCESS TO HIS AND ANY RELATED SITE IN THE EVENT THAT YOU VIOLATE THE TERMS OF THIS OR ANY OTHER AGREEMENT. YOU ABILITY TO ACCESS THIS OR RELATED SITES MAY BE TERMINATED WITHOUT PRIOR NOTICE AND THAT BIG ENERGY PROFITS SHALL NOT BE LIABLE FOR THE TERMINATION OF YOUR ACCESS.
THESE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAW. YOU AGREE THAT ANY ACTION AT LAW OR IN EQUITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE FILED EXCLUSIVELTY IN THE STATE OR FEDERAL COURTS LOCATED IN ORANGE COUNTY, FLORIDA AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSES OF LITIGATING ANY SUCH ACTION. IF ANY PROVISION OF THESE TERMS SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THESE TERMS AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.
THIS IS THE ENTIRE AGREEMENT BETWEEN US RELATING TO THE SUBJECT MATTER HEREIN AND BIG ENERGY PROFITS RESERVES THE RIGHT TO MODIFY THESE TERMS AT ANY TIME. CHANGES SHALL BE EFFECTIVE UPON THE POSTING OF THE CHANGES TO THE WEB SITE.
IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE BY A COURT OF ARBITRATION PANEL, THAT PROVISION SHALL BE STRICKEN FROM THE AGREEMENT AND THE REMAINING PORTIONS SHALL REMAIN BINDING AND IN EFFECT. THIS AGREEMENT SHALL NOT BE CONSTRUED IN FAVOR OF THE NON-DRAFTING PARTY.
U.S. Government Required Disclaimer – Trading foreign exchange on margin carries a high level of risk, and may not be suitable for all investors. The high degree of leverage can work against you as well as for you. Before deciding to invest in foreign exchange you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with foreign exchange trading, and seek advice from an independent financial advisor if you have any doubts.
*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.
Past performance is not indicative of future results. This website does not make any representation whatsoever that the above mentioned trading systems might be or are suitable or that they would be profitable for you. Please realize the risk involved with trading Forex investments and consult an investment professional before proceeding. The trading systems herein described have been developed for sophisticated traders who fully understand the nature and the scope of the risks that are associated with trading. Should you decide to trade any or all of these systems’ signals, it is your decision. There are both live and demo performance results provided through this website. Demo performance results displayed on this website are hypothetical in that they represent trades made in a demonstration (“demo”) account. The trades placed in the demo account take into consideration the spread between the bid and ask prices which would have been paid by a trader if an actual trade was made. Transaction prices were determined by assuming that buyers received the ask price and sellers the bid price of quotes provided by a large Forex broker. The live accounts displayed are actual accounts being traded with real money however the performance displayed on these accounts is not indicative of future results and there is no guarantee that you would have experienced the same results had you been trading the strategy in the past.