Terms of Service
REGISTRATION
This User Agreement between Authorized User (“You”) and BigShort Inc. ( www.bigshort.com ) (“the Site”) and any of our Site affiliates, agencies, sponsors, licensees or content partners (hereafter, collectively referred to as “BigShort”, “We”, or “Us”) governs your use of these information services and web sites (collectively referred to as “the Tools”), including any document, content, services, functions or features accessible on or through the Site (the “Products”). Your use of the Site and the Tools is subject to the terms and conditions hereof. By using the Site or any other website owned, operated, licensed, or controlled by Us, you agree to be bound by the terms of the User Agreement. Other provisions that govern your use of the Site may be set forth in online notices appearing in connection with certain Products (collectively, the “Additional Terms”), all of which are incorporated by reference into this User Agreement. Your use of any Products that are subject to Additional Terms constitutes your acceptance of the respective Additional Terms.
BY REGISTERING FOR OR USING THIS SITE, THE USER ACCEPTS ALL OF
THESE TERMS (the “TERMS OF SERVICE”). USE OF THIS SITE WILL
CONSTITUTE THE USER’S ACCEPTANCE OF ALL OF SUCH TERMS OF SERVICE.
IF YOU DO NOT AGREE TO THESE “TERMS OF SERVICE”,
PLEASE DO NOT USE THIS SITE.
The Terms of Service for your continued use of this Site will be available at https://app.bigshort.com/terms/ and accessible from your Account Profile page. Please check this area before using this Site whenever a change has been indicated. Changes to the Terms of Service posted on the Site is an effective notice to the User of the change in such terms and conditions. Your continued use of Site after such changes in the Terms of Service will signify your acceptance of the change in the terms and conditions.
If you do not agree to these changes in the Terms of Service as they may occur, please arrange to terminate your registration with Us immediately (i) by notifying Us of your unwillingness to accept the changes to the Terms of Service and (ii) by discontinuing your use of the Site.
BY REGISTERING FOR OR USING THIS SITE, YOU ARE AGREEING TO ALL TERMS AND POLICIES OUTLINED BELOW:
1. ELIGIBILITY FOR A NON-PROFESSIONAL TRADER ACCOUNT
BigShort is required by certain market data exchanges and regulations to restrict access to certain market data segments. To sign up for a Non-Professional Trader Account ("Non-Pro Account") on BigShort, you must be a non-professional trader as defined by the applicable laws and regulations. Non-professional traders are individuals who engage in trading for personal, non-commercial purposes and do not conduct trading as a profession, occupation, or business activity.
The first time you access a data feed within the BigShort platform that requires entitlement, you will be presented with a digital form to complete in order to verify your non-professional trader status. Please note final determinations as to who may or may not be entitled to any third party data feeds rests with the provider of the data and is subject to their terms of service, rules and regulations.
A) Data Verification for Non-Professional Trader Status
In order to comply with our data providers' requirements and
verify your eligibility as a non-professional trader, you hereby
consent to provide the following information before gaining access
to live data:
Your Full Legal Name and Address: You must provide your full legal name and residential address. This information will be used to verify your identity and confirm your status as an individual user.
Your Company's Name (if applicable) and Address: If you are affiliated with a company, organization, or institution, you must provide the full legal name and registered address of the entity. This is necessary for determining your association with an entity that is not engaged in professional trading activities.
Your Job Title: If you hold a position within a company or organization, you must disclose your job title or role. This information will assist in understanding your relationship with your employer and whether your trading activity is for personal, non-commercial purposes.
B) Professional Traders and Pro Accounts If you are a professional trader, defined as someone who engages in trading as a profession, occupation, or business activity, you are not eligible to sign up for a Non-Pro Account. Instead, you must register for a Professional Trader Account ("Pro Account").
C) Accurate and Current Information You are responsible for providing accurate and up-to-date information during the registration process. Any changes to the provided information after registration must be promptly communicated to us to ensure the continued validity of your non-professional trader status.
D) Confidentiality and Data Security We treat the information provided during the registration process in accordance with our Privacy Policy. Your personal data will be processed and stored securely, and only accessible to authorized personnel who need to verify your non-professional trader status.
E) Compliance and Account Suspension By providing the requested information and registering for a Non-Professional Trader Account, you acknowledge that we may share the information with our data providers solely for the purpose of verifying your non-professional trader status. Any misrepresentation of your trader status may result in the suspension or termination of your Account and no refunds will be issued.
By proceeding with the registration process for a Non-Professional Trader Account, you explicitly agree to the terms and conditions outlined in this section, as well as the entirety of the Terms of Service and Privacy Policy governing your use of our Platform. Should you be identified as a professional trader, you understand that you will be required to sign up for a Pro Account.
You agree to provide BigShort with accurate information when setting up your account, during our relationship, and when corresponding with us. On occasion, we may need to communicate with you by e-mail or telephone about the Services. You agree to maintain a working e-mail address that is monitored daily and to promptly inform us of any changes to your e-mail address or phone number. We have no responsibility, or liability, for interruptions in the Services, or damages of any sort, based on communications that are misdirected because of your failure to provide us with updated contact information. You furthermore agree to complete any data entitlement surveys presented within the platform fully and truthfully in order to maintain compliance with exchange regulations.
2. YOU AGREE TO PAY THE PREDETERMINED SUBSCRIPTION FEE FOR YOUR USE TO THE SITE.
You agree to make all payments associated with your account and in consideration for your access to the Site and Products. Your initial Payment will occur at the time of registration and recurring subscription payments will be charged thereafter. We reserve the right to change the fees or applicable charges, or to institute new charges and fees upon thirty (30) days prior notice to You.
3. INDEMNIFICATION AND COMPLIANCE.
You represent, covenant, and warrant that You will use the Site and the Products for the informational purposes for which they are intended. You agree not to use the Platform in any way or for any purpose that would violate, or have the effect of violating, any applicable laws, rules or regulations or any third-party rights, including, without limitation, any law or regulations governing public securities, markets and trading.
You hereby agree to indemnify and hold harmless BigShort against any damages, losses, liabilities, settlements, and expenses in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from your use of the Site and Products.
4. YOU AGREE NOT TO SHARE ACCESS TO YOUR ACCOUNT AND NOT TO REDISTRIBUTE ANY DATA YOU RECEIVE THROUGH YOUR USE OF THE SITE OR PRODUCTS.
A) You may not copy, modify, scrape, reproduce, republish, distribute, transmit or use the Site or the Products for commercial or other purposes, except to the extent required in order for you to use the Site and the Products in the manner expressly provided herein
B) You may NOT share your password with anyone.
C) Account Lockouts: Our security system checks for simultaneous logins from multiple locations. If it is found that you are sharing your account, our system will auto-lock your account for up to a 24-hour period as required by our data provider agreements. You understand this and agree to not share access to your account.
D) You may not utilize automated systems or software to extract data from the Site. You may not scrape or extract data from the Site for use in any external applications including but not limited to Discord, Slack, and Twitter. If You are determined to be violating these terms, your account will be banned without notice and no refunds will be issued.
Legal action will be taken where deemed appropriate if it is found that you are redistributing or reselling the information on the Site.
5. THIS SITE AND ALL OF ITS CONTENTS ARE COPYRIGHTED. THE VIEWER OF THIS SITE IS GIVEN A LIMITED LICENSE TO USE ITS CONTENTS FOR PERSONAL USE ONLY.
This Site and all its contents are made available to you, with the agreement that you will not copy or reproduce the contents of this Site, except for your own personal use, in any form and that you will not sell, lease, loan, or otherwise make them available to third parties or anyone else without the express written permission of BigShort.
You acknowledge and agree that all content, materials, and information provided on the Site, including but not limited to text, graphics, logos, images, videos, and software, are protected by intellectual property laws and are the exclusive property of BigShort Inc. You are granted a limited, non-transferable, and non-exclusive right to access and use the content solely for your personal and non-commercial use. You agree not to reproduce, distribute, modify, display, or create derivative works based on the content without the express written permission of BigShort Inc.
6. DIGITAL GOODS (NO REFUND POLICY)
A) Since services are non-tangible, irrevocable, digital goods; we do not issue refunds, which you are solely responsible for understanding. During checkout, upon clicking the final submit button, your purchase is charged to the credit/debit card that you supplied. All sales are final.
B) You cannot cancel a purchase or receive a refund for a purchase. You can cancel future recurring subscription payments at any time from your Account Settings page. Any payments that have already been processed are non-refundable.
C) If you are under trial period, you will be billed at the end of your trial unless canceled.
D) You can cancel future recurring subscription payments at any time from your Account Settings page under the Subscription tab. Terminating your account disables future automatic renewal. It does not change the status of any past or current invoices. All payments previous are non-refundable. All invoices currently due must be paid to settle the account. You will continue to have access to BigShort until the expiration of your prepaid time period or trial period.
All plans auto-renew. If you do not wish to renew, you must cancel 24 hours prior to your renewal date.
7. YOU AGREE THAT THE INFORMATION YOU HAVE PROVIDED UPON ACCOUNT REGISTRATION IS ACCURATE AND CORRECT TO THE BEST OF YOUR KNOWLEDGE.
8. YOU UNDERSTAND THAT YOUR USE OF THE SITE WILL ALWAYS BE SUBJECT TO AND PURSUANT TO THIS AGREEMENT.
You may review this Agreement at any time at https://bigshort.com/terms/ or by accessing it from your Account Profile page.
9. YOU AGREE TO NOT ABUSE THE TRIAL OR PAYMENT SYSTEM(S).
You are entitled to ONE trial period. Our system automatically checks if you have already signed up for a trial. If it is found that you are abusing the trial system, your trial period will be removed from future accounts and will be transitioned to a normal non-trial account.
10. YOU AGREE TO NOT SOLICIT, PROMOTE, OR SHARE EXTERNAL PREMIUM DATA WITHIN OUR MESSAGE BOARDS.
A) You may not share or promote your own for-profit, paid, or non-public services or websites that you are affiliated with.
B) You may not share premium(paid) data from external sources including screenshots, non-public links, documents, or copyrighted material which you don’t solely own, have permission to, or are licensed to redistribute.
C) You may not promote, share, spam, discuss, or suggest the use of competing services within the chat room.
You Agree to not solicit members of the Site for any reason. Any attempt to circumvent these Terms of Service will result in your account being banned without notice and no refunds will be issued.
11. DISCORD CHAT; CODE OF CONDUCT
You understand that the use of our chat room is a revocable privilege and subject to the Chat Code of Conduct rules outlined here. We reserve the right to ban any user from participating in our chat room that violates any of the rules outlined in Chat rules. Chat rules can be viewed at anytime from the “rules” channel in Discord.
You Agree to adhere to the Chat Code of Conduct and promote a positive, professional, and team-oriented atmosphere.
12. PRIVACY
We respect your privacy rights. We will not sell or distribute your email address or other information without your express consent. Only BigShort, our Agencies, Attorneys, and Partners are entitled to your information.
View our complete Privacy Policy at https://bigshort.com/privacy.
13. COPYRIGHT; PROPRIETARY DATA; USE PROVISIONS
Neither BigShort nor any individual or organization that may be a source of content distributed through the Site makes any warranty as to the timeliness and accuracy of the information. The Products are provided for informational purposes only and do not constitute investment advice. Access to, transmission or receipt of, or reliance upon, Content from the Site does not create, and is not intended to create, an investor broker relationship between you or any other person or any Content Partner.
A) Except for the license granted in the User Agreement, all right, title, and interest in the Site and the Tools (including all trademarks, copyrights, and other intellectual property rights), in all languages, formats and media throughout the world, are and will continue to be the exclusive property of BigShort and/or the Content Partners.
You may not decompile, reverse engineer, scrape, disassemble, rent, lease, loan, sublicense, or create derivative works from the Site.
14. REVOCATION
At our sole discretion, we reserve the right to revoke a user's membership without prior notice or justification. Such revocation may occur if the user is found to be in violation of our terms and conditions, engages in any activity that poses a threat to the security, integrity, or reputation of our platform, or otherwise behaves in a manner that we deem inappropriate or harmful to our community. In the event of membership revocation, the user will be denied access to our services and all associated benefits. We shall not be held liable for any losses or damages incurred as a result of the membership revocation. No refunds will be issued.
15. NO REPRESENTATIONS OR WARRANTIES
BigShort shall use reasonable efforts consistent with prevailing industry standards to maintain the Site and Products in a manner which minimizes errors and interruptions. The Site may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by BigShort or by third-party providers, or because of causes beyond BigShort’s reasonable control, but We shall use reasonable efforts to provide advance notice in writing or by email of any unscheduled service disruption. However, We do not warrant that the Site and Products will be uninterrupted or error free. You are responsible for making all arrangements necessary for you to have access to the Website. We reserve the right to withdraw or amend the Website, and any service or material that we provide on the Website, in our sole discretion and without notice to you. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.
Neither BigShort, its Agencies, Attorneys, Members, Affiliates, nor any Content Partner makes any warranty or representation that the Information is accurate and timely. You understand that use of the Site and of the Products is undertaken at Your own risk. Any information or data provided by BigShort is not exhaustive or complete. NEITHER BIGSHORT NOR ANY CONTENT PARTNER ASSUMES ANY LIABILITY FOR THE USE OR INTERPRETATION OF ANY PRODUCT. THE SITE AND THE PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES WITH RESPECT TO PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS, OR TIMELINESS. YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT , IF ANY, FOR ANY CLAIM FOR DAMAGES RELATING TO YOUR USE OF THE SITE OR THE PRODUCTS, WHETHER ON THE BASIS OF CONTRACT, NEGLIGENCE, OR ANY OTHER BASIS, WILL BE LIMITED TO THE AGGREGATE AMOUNT OF CHARGES PAID BY YOU TO BIGSHORT DURING THE ONE (1) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. YOU ACKNOWLEDGE THAT PROVISION OF THE SITE AND CONTENT ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA.
16. LIMITATION OF LIABILITY
IN NO EVENT WILL THE CONTENT CREATOR, ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE, OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, EVEN IF THE CONTENT CREATOR OR ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF THE CONTENT CREATOR AND ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE CONTENT CREATOR FOR THE WEBSITE IN THE IMMEDIATELY PRECEDING ONE (1) MONTH, BUT IN NO CASE WILL SUCH LIABILITY TO YOU EXCEED $500. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE CONTENT CREATOR FOR THE WEBSITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE CONTENT CREATOR, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
17. DISCLAIMER
There is a high degree of risk involved in trading stocks and options. Past results are not indicative of future returns. BigShort Inc.(BigShort) is not a registered investment advisor nor is licensed as such with any federal or state regulatory agency. BigShort does not manage client assets in any way. Information provided and opinions expressed on the website do not constitute investment advice. Any and all ideas expressed, research, tutorials, and instructional resources are for educational purposes only. The ideas expressed are solely the opinions of BigShort. We advise everyone to know the risks involved with trading stocks and options. We encourage every visitor to the website to do his/her own research and to consult with his/her own financial advisor(s) prior to engaging in any investing activities, and to make sure he/she knows all the potential risks involved. Any investment decision that results in losses or gains made based on any information on this site, or related services is not the responsibility of BigShort.
The platform includes certain features that are designed to alert You when a specific event occurs. These alert features, including (but not limited to) "Spodin", are provided as-is and without warranty or guarantee. Alerts may be delayed due to technical factors. You should not depend entirely on BigShort alerts. BigShort explicitly disclaims any and all liability resulting from the use of any alert features inside of the platform. BigShort is not responsible for losses due to a trader’s reliance on the platform's alerts, even if You used the feature correctly or if alerts failed to function correctly. You understand that there are a variety of reasons why alerts may not fire correctly, including issues with cellular networks, third party text and phone services, technical errors, system malfunctions, and other reasons.
We are not affiliated, associated, authorized, endorsed by, or in any way officially connected with Michael Burry, Michael Lewis, or the book ‘The Big Short’, or any of its subsidiaries or its affiliates.
Your use of ideas, systems, and/or data provided by BigShort are at your own risk and it is your sole responsibility to evaluate the accuracy, completeness, and usefulness of the information.
17. GOVERNING LAW AND JURISDICTION
The parties agree that all disputes shall be brought before U.S. District Court for Washington located in Vancouver, Clark County, Washington (District Court). If the District Court may not consider the dispute, all disputes shall be brought before the appropriate Washington court, located in Clark County, Washington. The parties agree that these courts shall have exclusive jurisdiction over all disputes and other matters relating to the interpretation and enforcement of these TOS or any other document entered into by the parties. Further, the parties agree that venue shall be proper in the appropriate court set out above, and agree that they shall not contest notice from that court. State law issues concerning construction, interpretation and performance of these TOS shall be governed by the substantive law of the State of Washington, excluding its choice of law rules. The United Nations Convention on Contracts for International Sale of Goods shall not apply.
IF YOU DO NOT AGREE TO THESE “TERMS OF SERVICE”, PLEASE DO NOT USE THIS SITE.