Analyst Certification: We, Doctor Nouriel Roubini and Doctor David Brown, hereby certify that all the views expressed in these reports and website reflect our personal opinion, which has not been influenced by considerations of the Boom Bust LLC’s business, nor by personal or client relationships. We also certify that no part of our compensation was, is or will be, directly or indirectly, related to the views expressed in this report.

Disclaimer: All material presented in these reports and website are provided by for informational purposes only and is not to be used or considered as an offer or a solicitation to sell or to buy, or subscribe for securities, investment products or other financial instruments. The Boom Bust LLC does not conduct “investment research” as defined in the FCA Conduct of Business Sourcebook (COBS) section 12 nor does it provide “advice about securities” as defined in the Regulation of Investment Advisors by the U.S. SEC.

The Boom Bust LLC is not regulated by the FCA, SEC or by any other regulatory body. Nothing in these reports and website shall be deemed to constitute financial or other professional advice in any way, and under no circumstances shall we be liable for any direct or indirect losses, costs or expenses nor for any loss of profit that results from the content of this report or any material in it or website links or references embedded within it. The price and value of financial instruments, securities and investment products referred to in this research and the income from them may fluctuate. Past performance and forecasts should not be treated as a reliable guide of future performance or results; future returns are not guaranteed; and a loss of original capital may occur.

This research is based on current public information that the Boom Bust LLC considers reliable, but we do not represent it is accurate or complete, and it should not be relied on as such. The Boom Bust LLC, its contributors, partners and employees make no representation about the completeness or accuracy of the data, calculations, information or opinions contained in this report.

The Boom Bust LLC has an internal policy designed to minimize the risk of receiving or misusing confidential or potentially material non-public information. We seek to update our research as appropriate, but the large majority of reports are published at irregular intervals as appropriate in the author's judgment. The information, opinions, estimates and forecasts contained herein are as of the date hereof and may be changed without prior notification. This research is for our clients only and is disseminated and available to all clients simultaneously through electronic publication.

The Boom Bust LLC is not responsible for the redistribution of our research by third party aggregators. This report is not directed to you if The Boom Bust LLC is barred from doing so in your jurisdiction. This report and its content cannot be copied, redistributed or reproduced in part or whole without the Boom Bust LLC’s written permission.

The Boom Bust LLC is a private limited liability company registered in New York 83-4090102 with registered office at 1025 Westchester Avenue, Suite 305, White Plains, NY 10604.

 

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TERMS OF USE

 

Last Updated: January 1, 2020

These User Terms of Use (“Terms”) apply to your use of the platform of websites and online services (the “Platform”) provided by The Boom Bust LLC. Our Platform includes our website “www.theboombust.com” and other Partner sites that link to these Terms.

PLEASE NOTE: Section 16 contains a mandatory arbitration provision and class action waiver, which requires you to arbitrate certain disputes and claims with us and limits the manner in which you can seek relief from us. In addition, Section 3 contains terms for auto-renewing subscription payments and free trials (including how to cancel).

If you have any questions about these Terms or our Platform, please contact us at info@theboombust.com. For information about how we collect, use, share and otherwise process information about you, please see our “privacy policy”.

 

1. ELIGIBILITY

(a) You may not use the Platform if you are under 16. We reserve the right to refuse access by users under certain ages, as set in our sole discretion from time to time.

(b) If you are under 18 years of age (or the age of legal majority where you live), you may use our Platform only with the permission of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority where you live), you agree to be fully responsible for the acts or omissions of such user, including any breach of these Terms, and for determining the suitability of the Platform for such user.

 

 

2. USER ACCOUNTS

(a) If you register for an account to use our Platform, you must provide accurate account information and ensure that you maintain the accuracy of this information at all times. You also must maintain the security of your account (including by logging out of your account at the end of each session), and promptly notify us if you discover or suspect that someone has accessed your account or your account credentials without your permission. If you permit others to use your account, you are responsible for the activities of those users. We reserve the right to reclaim usernames for any reason, including on behalf of businesses or individuals that hold trademark rights or other legal claims in those usernames.

(b) The Boom Bust LLC at any time and for any reason, in its sole discretion and without any liability to you or any third-party, may suspend or terminate your account or use of or access to the Platform (or any portion thereof).

3. SUBSCRIPTIONS

(a) Pricing. Prices for our subscriptions are subject to change at any time, but changes will not affect any purchase you have already placed except that for auto-renewing subscriptions, price changes will take effect when indicated in our email notice to you.

(b) Taxes. To the fullest extent permitted by applicable law, you are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase through our Platform. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. For U.S. users, the actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.

(c) Payment Method. Only valid payment methods acceptable to us may be used to complete a purchase via the Platform. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your purchase (including any applicable taxes and any shipping and handling charges). If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts.

(d) Auto-Renewal Terms. If you purchase a subscription from us to access or use the Platform (including a subscription entitling you to access certain Partner Content), your subscription will auto renew for subsequent subscription periods of equal length until you cancel your subscription or we terminate it. The subscription period and the cost of the subscription (during and after any initial promotional period) are disclosed via the Platform prior to purchase. We automatically bill your payment method upon the expiration of your current subscription period (you can review your current subscription period by visiting the user preferences section of your The Boom Bust LLC account profile). You may cancel your The Boom Bust LLC subscription at any time by contacting us at info@theboombust.com, and you will continue to have access through the end of your subscription period (or free trial period, if applicable). You will not have the right to receive any pro-rated refunds if you cancel your subscription period early. You must cancel your subscription at least 7 days before the end of your current subscription period in order to avoid being billed for the next subscription period.

(e) Free Trials. Your subscription may start with a free trial. The Boom Bust LLC reserves the right, in its sole discretion, to determine your free trial eligibility. Our Platform will indicate whether or not the free trial will automatically convert to a paid subscription upon expiration of the trial period. If so, unless you cancel your subscription prior to the end of the free trial period, we will begin billing your payment method on a recurring basis for your subscription upon expiration of the free trial period until you cancel your subscription or we terminate it.

(f) Errors. In the event of an error, we reserve the right to correct the error and revise your purchase accordingly (which includes charging the correct price) or to cancel the purchase and refund any amount charged.

(g) No Refunds. Except to the extent refunds are required by law, payments are nonrefundable and there are no refunds. However, we may, in our sole discretion, provide a refund or discount in certain cases.

4. USER CONTENT AND AUTHOR CONTENT

(a) Our Platform may allow you and other users to post or otherwise submit comments, messages, photos, ratings, and other materials (collectively, “User Content”) on Partner Content, Author Content, or otherwise on the Platform. You grant The Boom Bust LLC a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content for any purpose and in all media formats and channels now known or later developed without compensation to you for any purpose. For purposes of clarity only, distribution of your User Content by The Boom Bust LLC via the Platform (or otherwise) may be to all of: (i) The Boom Bust LLC owned and/or The Boom Bust LLC-operated properties and/or entities, or (ii) third-party properties and/or entities that are distribution partners of The Boom Bust LLC via the Platform or other agreement. Except for the license you grant above, you retain all rights in and to your User Content, as between you and The Boom Bust LLC.

(b) Our Platform may allow you to submit works of authorship (including but not limited to written materials, images, illustrations, audio, videos, graphics, artwork, stories, themes, hyperlinks, objects, and other materials and/or content “Author Content”), for the purpose of the Platform publishing, distributing, and/or potentially monetizing such Author Content on your behalf. For the avoidance of doubt, User Content is not deemed to be Author Content.

(c) User Content and Author Content are together referred to as “Submitted Content”).

(d) You may not create, post, store or share any Submitted Content that violates these Terms. You are solely responsible for your Submitted Content. You represent and warrant that your Submitted Content, and our use thereof as permitted by these Terms, will not violate any rights of or cause injury to any person or entity and that you have all rights necessary to grant us the license above. Although we have no obligation to screen, edit or monitor Submitted Content, we may elect not to publish, to delete, or to remove Submitted Content at any time and for any reason with or without notice. Your decision to submit Submitted Content to the Platform is voluntary, and at your discretion.

(e) The Boom Bust LLC may preserve and store Submitted Content (including, for a commercially reasonable time, Author Content you have removed from the Platform), and may disclose such content if required to do so by law or if The Boom Bust LLC believes in good faith that such preservation or disclosure is reasonably necessary to: (i) comply with legal process (e.g., subpoenas); (ii) enforce these Terms; (iii) respond to claims that any Submitted Content violates the rights of third parties; or (iv) protect the rights, property, or personal safety of The Boom Bust LLC, its Partners, its users and the public.

5. USER CONDUCT AND CONTENT

(a) Subject to your compliance with these Terms, you may use the Platform only for your own personal, noncommercial use (except as specifically pre-approved in writing by The Boom Bust LLC for commercial use). Any use of the Platform other than as specifically authorized herein, without our prior written permission, is strictly prohibited.

(b) You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort in connection with your use of our Platform, and you are solely responsible for your conduct while using our Platform. Further, you will not:

(i) Engage in any harassing, threatening, intimidating, predatory, discriminatory or stalking conduct;

(ii) Use or attempt to use another user’s account without authorization from that user and The Boom Bust LLC;

(iii) Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;

(iv) make the Platform available to any third party (via a services arrangement, service bureau, lease, sale, resale, or otherwise);

(v) Use our Platform to build a competitive product or service;

(vi) Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Platform, except as expressly permitted by us or our licensors;

(vii) Modify our Platform, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Platform;

(viii) Use our Platform other than for its intended purpose or in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Platform or that could damage, disable, overburden or impair the functioning of our Platform in any manner;

(ix) Reverse engineer any aspect of our Platform or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Platform;

(x) Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Platform, including any application that reads areas of RAM used by the Platform to store information;

(xi) Bypass or ignore instructions contained in our robots.txt file;

(xii) Circumvent safeguards we implement or usage limitations or attempt to gain unauthorized access to our Platform or other user accounts;

(xiii)Develop or use any applications that interact with our Platform without our prior written authorization;

(xiv) Send, distribute or post spam, unsolicited or bulk solicitations or advertisements, including via chain letters or pyramid schemes;

(xv) Solicit or otherwise attempt to collect personal information or passwords from other users; or

(xvi) Use our Platform (including data, intellectual property, brand or API) for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

(c) You may not create, post, store or share any Submitted Content that:

(i) is confidential or that you do not have all necessary rights to disclose;

(ii) contains or depicts nudity, sexual activity or violence or is otherwise unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;

(iii) Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;

(iv) May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;

(v) Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;

(vi) Contains any unsolicited promotions (such as “spam”), political campaigning, advertising or solicitations;

(vii) Contains advertisements or promotions, including to solicit interest in a contest, sweepstake or other promotion;

(viii) Contains any private or personal information of a third party without such third party’s consent;

(ix) Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content;

(x) Is content written primarily in a language other than English, except in instances where such content is written in the same primary language as the website in which it appears; (e.g., Submitted Content written in Spanish on a Spanish-language website published by The Boom Bust LLC);

(xi) Is identical to, substantially the same as, or derived from other Partner Content, User Content or Author Content and/or content published elsewhere on the Internet (this applies even if you are the owner of that content and/or have the rights to publish that content online); or

(xii) In our sole judgment, is of poor quality, is objectionable, restricts or inhibits any other person from using or enjoying our Platform, or may expose The Boom Bust LLC or others to any harm or liability of any type.

(d) Enforcement of this Section 5 is solely at The Boom Bust LLC’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 5 and any action taken or not taken by The Boom Bust LLC hereunder shall not create any cause of action on the part of any third party or any reasonable expectation that the Platform will not contain any content that is prohibited by this section.

6. OWNERSHIP

The Platform, including all content contained therein, including Partner Content and Submitted Content, text, graphics, images, photographs, audio, videos, illustrations, themes, objects, stories, concepts, artwork, and other content contained therein, are owned by The Boom Bust LLC or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Platform are reserved by us or our licensors.

7. FEEDBACK

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about The Boom Bust LLC or our Platform (collectively, “Feedback”). You grant us a perpetual, irrevocable, royalty-free, non-exclusive license to use, reproduce, create derivative works of, sell and otherwise exploit Feedback (or any product or service created based upon such Feedback) for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

8. TRADEMARKS

“The Boom Bust LLC,” Illustrated and our other names, logos, our product or service names, our slogans are trademarks that are owned or licensed by The Boom Bust LLC and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Platform are the property of The Boom Bust LLC. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

9. REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Platform infringes any copyright that you own or control, you may notify The Boom Bust LLC as follows:

The Boom Bust LLC

Email: Info@theboombust.com

Also, please note that if you knowingly misrepresent that any activity or material on our Platform is infringing, you may be liable to The Boom Bust LLC for certain costs and damages.

10. PARTNER AND OTHER THIRD-PARTY CONTENT

In addition to Partner Content and Submitted Content, the Platform may also include or link to other content or information provided by or about third-party websites, products, services, activities or events (collectively, “Third-Party Content”). We are not responsible for Third-Party Content. Your interactions with or correspondence with the providers of Third-Party Content and your use of or interaction with any Third-Party Content are solely between you and the third party providing it. The Boom Bust LLC does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

11. MODIFYING AND TERMINATING OUR PLATFORM

We reserve the right to modify our Platform or to suspend or stop providing all or portions of our Platform at any time. You also have the right to stop using our Platform at any time. We are not responsible for any loss or harm related to your inability to access or use our Platform at any time.

 

12. INDEMNIFICATION

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless The Boom Bust LLC, and our respective officers, directors, agents, Partners and employees (individually and collectively, the “The Boom Bust LLC Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Platform; (b) your Author Content, User Content or Feedback; or (c) your violation of these Terms. You agree to promptly notify The Boom Bust LLC of any third-party Claims, cooperate with the applicable The Boom Bust LLC Parties in defending against such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). You also agree that the The Boom Bust LLC Parties will have control of the defense or settlement, at The Boom Bust LLC's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in any other agreement between you and The Boom Bust LLC or the other The Boom Bust LLC Parties.

13. DISCLAIMERS; ASSUMPTION OF RISK

Your use of our Platform is at your sole risk. Except as otherwise provided in a writing by us, our Platform and any content therein (including any Third-Party Content) are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, The Boom Bust LLC does not represent or warrant that our Platform will be available, accurate, complete, reliable, current or error-free. You assume the entire risk as to the quality and performance of the Platform.

14. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law:

(a) The Boom Bust LLC and the other The Boom Bust LLC Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if The Boom Bust LLC or the other The Boom Bust LLC Parties have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

(b) The total liability of The Boom Bust LLC and the other The Boom Bust LLC Parties for any claim arising out of or relating to these Terms or our Platform, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to use our Platform in the 6 months preceding the claim.

15. RELEASE

To the fullest extent permitted by applicable law, you release The Boom Bust LLC and the other The Boom Bust LLC Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

16. DISPUTE RESOLUTION; BINDING ARBITRATION

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with The Boom Bust LLC and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.

(a) No Representative Actions. You and The Boom Bust LLC agree that any dispute arising out of or related to these Terms or our Platform is personal to you and The Boom Bust LLC and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

(b) Arbitration of Disputes. Except for small claims disputes in which you or The Boom Bust LLC seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or The Boom Bust LLC seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, to the fullest extent permitted by applicable law, you and The Boom Bust LLC waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Platform (collectively, “Disputes”), including claims related to privacy and data security or our Privacy Policy resolved in court. Instead, for any Dispute that you have against The Boom Bust LLC, you agree to first contact The Boom Bust LLC and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to The Boom Bust LLC by email at info@theboombust.com. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and The Boom Bust LLC cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in the City of New York, County of New York unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 16, a “consumer” means a person using the Platform for personal, family or household purposes. You and The Boom Bust LLC agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

(c) You and The Boom Bust LLC agree that these Terms affect interstate commerce and that the enforceability of this Section 16 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

(d) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, The Boom Bust LLC, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including all information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

(e) You and The Boom Bust LLC agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and The Boom Bust LLC will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, The Boom Bust LLC will pay all JAMS fees and costs. You and The Boom Bust LLC agree that the state or federal courts of the State of New York, located in the County of New York, State of New York have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

(f) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and The Boom Bust LLC will not have the right to assert the claim.

(g) You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 16, by emailing info@theboombust.com In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 17.

(h) If any portion of this Section 16 is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (i) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 16 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 16; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 16 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 16 will be enforceable.

17. GOVERNING LAW AND VENUE

Any dispute arising from these Terms and your use of the Platform will be governed by and construed and enforced in accordance with the laws of New York, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of New York or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the County of New York, State of New York.

18. MODIFYING THESE TERMS

We may make changes to these Terms from time to time. If we make material changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Platform or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Platform after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Platform. Unless material changes are made to the arbitration provision under Section 16, you agree that modification of these Terms does not create a new right to opt out of arbitration.

19. MISCELLANEOUS

(a) These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties.

(b) The failure of The Boom Bust LLC to exercise or enforce any right or provision of these Terms will not operate as a waiver of that right or provision.

(c) If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

(d) The section titles in these Terms are for convenience only and have no legal or contractual effect. Any references to “including” will be deemed to mean “including without limitation.”

(e) Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

(f) Without limiting any provision of this Agreement, The Boom Bust LLC will not be liable for any delay or failure of the Platform to the extent caused by circumstances beyond its reasonable control.

(g) You agree that communications and transactions between you and us may be conducted electronically.

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PRIVACY POLICY

Last Updated Jan 2019

The Boom Bust LLC is concerned about privacy issues and wants you to be familiar with how we collect, use and disclose information.  This Privacy Policy describes our practices in connection with information that we collect through our website currently located at www.TheBoomBust.com  (the “Website”), through the software applications made available by us for use on or through computers and mobile devices in connection with which you are accessing this Privacy Policy (the “Apps”), and through HTML-formatted email messages that we send to you that link to this Privacy Policy (collectively, including the Websites and the Apps, the “Services”).  By providing Personal Information to us or using the Services, you agree to this Privacy Policy.

Personal Information We May Collect

“Personal Information” is information that identifies you as an individual or relates to an identifiable person, including, for example:  

  • Name

  • Address

  • Phone number

  • Email address

  • Payment card information

  • Social media account ID

 

If you submit any Personal Information relating to other people to us or to our service providers in connection with the Services (such as if you gift a subscription to another person), you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

How We May Collect Personal Information

We and our service providers may collect Personal Information in a variety of ways, including:

  • Through the Services:  We may collect Personal Information through the Services, such as when you register, sign up for a newsletter or register for one of our premium subscription services.

  • Offline:  We may collect Personal Information from you offline, such as when you place an order over the phone, contact customer service or attend our events. 

  • From Other Sources:  We may receive your Personal Information from other sources, such as public databases, joint marketing partners, social media platforms (including from people with whom you are friends or otherwise connected) and from other third parties.  For example, if you elect to connect your social media account to your Services account, certain Personal Information from your social media account will be shared with us, which may include Personal Information that is part of your profile or your friends’ profiles.  In addition, if someone gives you a subscription to the Services, we will receive your Personal Information from him or her. 

How We May Use Personal Information

We and our service providers may use Personal Information:  

  • To respond to your inquiries and fulfill your requests, such as to send you newsletters or a Signal.

  • To send administrative information to you, such as information regarding the Services and changes to our terms, conditions and policies. 

  • To complete and fulfill your purchase, including to process your payment, have your order delivered to you, communicate with you regarding your purchase and provide you with related customer service.

  • To send you marketing communications that we believe may be of interest to you, subject to any choices you have expressed with respect to such communications. 

  • To personalize your experience on the Services by presenting content, products and offers tailored to you.

  • To request your participation in surveys and to administer such surveys.  We may use the results of such surveys to understand user engagement, as well as for marketing purposes.  In addition, some of our columnists will on occasion take polls of their readers.  Such polls are solely for the editorial use of the individual columnists, and participation is voluntary.

  • To facilitate social sharing functionality.

  • To allow you to send messages to a friend through the Services.

  • To identify the pricing for which you are eligible, such as if you are a student.

  • For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.

Your Personal Information may be disclosed: 

  • To our affiliates for the purposes described in this Privacy Policy.    

  • To our third-party service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing and other services.

  • To third parties with whom we have joint marketing agreements, to permit them to send you marketing communications, subject to any choices you have expressed. 

  • To third parties, to permit them to send you marketing communications.

  • To a third-party provider of a product or service that you purchase through the Services. 

  • To third-party sponsors of events.

  • To identify you to anyone to whom you send messages through the Services. 

  • By you, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials.  Please note that any information you post or disclose through these services may be available to other users and the general public.  We urge you to be very careful when deciding to disclose any information on the Services. 

  • To your friends associated with your social media account, to other users of the Services and to your social media account provider, in connection with your social sharing activity, such as if you connect your social media account to your Services account or log into your Services account from your social media account.  By connecting your Services account and your social media account, you authorize us to share information with your social media account provider, and you understand that the use of the information we share will be governed by the social media site’s privacy policy. 

  • To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).

Other Uses and Disclosures

We also may use and disclose your Personal Information as we believe to be necessary or appropriate:  (a) under applicable law, which may include laws outside your country of residence; (b) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include such authorities outside your country of residence; (d) to enforce our terms and conditions; and (e) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.

Other Information We May Collect

“Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual, such as:

  • Browser and device information

  • App usage data

  • Information collected through cookies, pixel tags and other technologies

  • Demographic and other information provided by you

  • Aggregated information

If we are required to treat Other Information as Personal Information under applicable law, then we may use it for the purposes for which we use and disclose Personal Information as detailed in this Privacy Policy.

How We May Collect Other Information

We and our third-party service providers may collect Other Information in a variety of ways, including: 

  • Through your browser or device:  Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language and Internet browser type and version.  We use this information to ensure that the Services function properly. 

  • Through your use of the App:  When you download and use the App, we may track and collect App usage data, such as the date and time the App on your device accesses our servers, the pages you use and what information and files have been downloaded to the App based on your device number.

  • Using cookies:  Cookies are pieces of information stored directly on your computer.  Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences, and other anonymous traffic data.  We and our service providers use the information for security purposes, to facilitate navigation, to display information more effectively, to personalize your experience while using the Services and to recognize your computer in order to assist your use of the Services.  We also gather statistical information about use of the Services in order to continually improve their design and functionality, understand how they are used and assist us with resolving questions about them.  Cookies further allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on certain of the Services.  We may also use cookies or other technologies to track responses to our online advertisements.  At this time, we do not respond to browser do-not-track signals.    

  • If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies or be given choices on how to manage them.  You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html.  If, however, you do not accept cookies, you may experience some inconvenience in your use of the Services.  For example, we may not be able to recognize your computer, and you may need to log in every time you visit.

  • Using pixel tags and similar technologies:  Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Services to, among other things, track the actions of users (including email recipients), measure the success of our marketing campaigns and compile statistics about use of the Services and response rates. 

  • Analytics:  We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends.  This service may also collect information regarding the use of other websites, apps and online resources.  You can learn about Google’s practices by going to www.google.com/policies/privacy/‌partners/, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout

  • IP Address:  Your IP address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider.  An IP address may be logged automatically in our server log files whenever you access the Services, along with the time of the visit and the pages visited.  Collecting IP addresses is done automatically by many websites, applications and other services.  We use IP addresses for purposes such as calculating usage levels, diagnosing server problems and administering the Services.  We may also derive your approximate location from your IP address.

  • Physical Location:  We and our service providers may collect the physical location of your device by, for example, using satellite, cell phone tower, or WiFi signals.  We and our service providers may use your device’s physical location to provide you with personalized location-based services, content, notice of events, and advertisements.  In some instances, you may be permitted to allow or deny such collection or use of your device’s location, but, if you do, we may not be able to provide you with the applicable personalized services and content.   

  • From you:  We collect your preferred means of communication, your gender, your investment and other preferences, and other information when you voluntarily provide it. 

  • By aggregating information:  Aggregated Personal Information does not personally identify you (for example, we may aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code).

How We May Use and Disclose Other Information

We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law.  If we combine Other Information with Personal Information, we will treat the combined information as Personal Information as long as it is combined.

OUR ADVERTISING 

We may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use the Services and other websites or online services, based on information relating to your access to and use of the Services and other websites or online services on any of your devices, as well as on information received from third parties.  To do so, these companies may place or recognize a unique cookie on your browser (including through the use of pixel tags).  They may also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop.  If you would like more information about this practice, and to learn how to opt out of it in desktop and mobile browsers on the particular device on which you are accessing this Privacy Policy, please visit http://www.networkadvertising.org/managing/opt_out.aspand http://www.aboutads.info/.  You may download the AppChoices app at www.aboutads.info/appchoices to opt out in mobile apps.

THIRD PARTY SERVICES

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site or service to which the Services link.  The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.

In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer; app, social media platform, operating system or wireless service provider; or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with the Apps.

SECURITY

We use reasonable organizational, technical and administrative measures designed to protect Personal Information within our organization.  Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure.  Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be non-negotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their systems, or they have a general reputation for applying such measures.

If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contacting Us” section below.

CHOICES AND ACCESS

Your choices regarding our use and disclosure of your Personal Information

We give you choices regarding our use and disclosure of your Personal Information for marketing purposes. 

You may opt-out from:

  • Receiving text alerts from us.  You can unsubscribe from delivery of our text alerts by responding “STOP” to any such text message.

  • Our sharing of your Personal Information with affiliates for their direct marketing purposes:  If you would prefer that we not share your Personal Information on a going-forward basis with our affiliates for their direct marketing purposes, you may opt-out of this sharing by writing to us at info@Theboombust.com.

  • Our sharing of your Personal Information with unaffiliated third parties for their direct marketing purposes:  If you would prefer that we not share your Personal Information on a going-forward basis with unaffiliated third parties for their direct marketing purposes, you may opt-out of this sharing by writing to us at  info@Theboombust.com.

We will try to comply with your request(s) as soon as reasonably practicable.  Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages, from which you cannot opt-out.

How you can access and update your Personal Information 

If you would like to review and update the Personal Information collected from you during registration, you may visit the Your Account page.  You may also contact our customer service department by email at  info@Theboombust.com.

For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request.  We will try to comply with your request as soon as reasonably practicable.  Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change.

USE OF SERVICES BY MINORS

The Services are not directed to individuals under the age of eighteen (18).  We do not knowingly collect Personal Information from such individuals, and we request that they not provide Personal Information through the Services

CROSS-BORDER TRANSFER

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and, by using the Services, you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country.  In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.

SENSITIVE INFORMATION

we ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., Social Security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics or criminal background) on or through the Services or otherwise to us.

UPDATES TO THIS PRIVACY POLICY

We may change this Privacy Policy.  The “Last Updated” legend at the top of this page indicates when this Privacy Policy was last revised.  Any changes will become effective when we post the revised Privacy Policy on the Services.  Your use of the Services following these changes means that you accept the revised Privacy Policy. 

CONTACTING US

If you have any questions about this Privacy Policy, please contact us at  info@Theboombust.com - Tet: + 1 212 729 9636

The Boom Bust LLCs

 

© 2020 by The Boom Bust LLC