1. Acceptance of Terms
By accessing or using this Site, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. These Terms form a legally binding agreement between you and AcuBooth.
If you do not agree to these Terms in their entirety, you must immediately stop using the Site. Your continued use of the Site following any modification to these Terms constitutes acceptance of those modifications.
These Terms apply to all visitors, users, and others who access or use the Site. If you are using the Site on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Eligibility
This Site is intended solely for use by financial professionals, registered investment advisers (RIAs), broker-dealers, family offices, institutional investors, and other qualified financial industry participants (“Authorized Users”). This Site is not intended for retail investors or members of the general public.
By using this Site, you represent and warrant that:
- You are at least 18 years of age
- You have the legal capacity to enter into binding agreements
- Your use of the Site does not violate any applicable law, regulation, or agreement to which you are a party
- You are accessing the Site in a professional capacity on behalf of a qualified financial entity
3. Not Investment Advice — Important Disclaimer
Nothing on this Site constitutes investment advice, a recommendation, a solicitation, or an offer to buy or sell any security, financial product, or instrument. AcuBooth operates under the trade name AcuBooth and is not a registered investment adviser with the U.S. Securities and Exchange Commission (SEC) or any state securities regulator. AcuBooth is not a registered broker-dealer with FINRA.
All content, data, case studies, performance figures, strategy descriptions, and materials on this Site are provided for informational and educational purposes only and do not take into account the investment objectives, financial situation, risk tolerance, or specific needs of any individual or entity.
Covered call overlay strategies involve substantial risk, including but not limited to:
- The risk that covered calls will be assigned, requiring delivery of underlying shares
- Limitation on upside price appreciation of the underlying security
- Tax consequences associated with option premiums and assignment events
- Market risk, liquidity risk, and counterparty risk
Past performance does not guarantee future results. All performance data referenced on this Site pertains to specific accounts and may not be representative of results that may be achieved in other accounts.
4. Permitted and Prohibited Use
4.1 Permitted Use
Subject to these Terms, AcuBooth grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your internal, professional evaluation purposes only.
4.2 Prohibited Conduct
You agree that you will not, directly or indirectly:
- Use the Site in any manner that violates any applicable federal, state, local, or international law or regulation
- Attempt to gain unauthorized access to any portion of the Site, its servers, or any system or network connected to the Site
- Reproduce, duplicate, copy, sell, resell, or otherwise exploit for commercial purposes any portion of the Site content without our express written consent
- Use any robot, spider, scraper, crawler, or other automated tool to access, index, or data-mine the Site or its content
- Introduce any viruses, trojans, worms, logic bombs, or other malicious or harmful code
- Attempt to decompile, reverse engineer, or disassemble any software or underlying technology used on or within the Site
- Circumvent, remove, or interfere with any access control, security, or authentication mechanism on the Site
- Use the Site or its content to create competing products or services
AcuBooth reserves the right, in its sole discretion, to terminate your access to the Site immediately and without notice if you violate any of these prohibitions.
5. Intellectual Property
5.1 Ownership
The Site and its entire contents, features, and functionality are the exclusive property of AcuBooth or its licensors and are protected by United States and international copyright, trademark, trade secret, and other intellectual property laws.
5.2 Trademarks
“AcuBooth,” the AcuBooth logo, and related marks are trade names and/or trademarks of AcuBooth. You may not use any AcuBooth marks without our prior written consent.
5.3 Limited License
Nothing in these Terms grants you any right, title, or interest in the Site or its content beyond the limited access license set forth in Section 4.1.
5.4 Feedback
If you provide us with any suggestions, ideas, improvements, or other feedback regarding the Site or our services, you hereby grant AcuBooth a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, and incorporate such Feedback into our products and services without any obligation to you.
6. Email Communications and Amazon SES
If you provide your email address and check the consent checkbox on our contact form, you agree to receive informational and marketing email communications from AcuBooth. These communications are transmitted via Amazon Simple Email Service (Amazon SES).
By opting in, you acknowledge and agree that:
- Amazon SES may process your email address and engagement data (open events, click events) as described in our Privacy Policy
- Our emails may contain tracking pixels and redirect links operated by AWS for the purpose of measuring email engagement
- You may unsubscribe at any time by clicking the unsubscribe link in any email, replying “UNSUBSCRIBE,” or contacting contact@acubooth.com
All email communications comply with the CAN-SPAM Act of 2003 and applicable state and federal laws governing commercial electronic messages.
7. Cookies and Analytics
We use cookies and similar technologies as described in our Privacy Policy. By continuing to use the Site after accepting our cookie notice, you consent to our use of cookies in accordance with that policy. You may withdraw cookie consent at any time by clearing your browser’s local storage or adjusting your browser settings.
8. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
Without limiting the foregoing, AcuBooth expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to:
- Any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement
- Any warranties that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components
- Any warranties regarding the accuracy, completeness, timeliness, reliability, or suitability of any content or information on the Site
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACUBOOTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, goodwill, or business opportunities
- Damages arising from your reliance on any content or information on the Site
- Damages resulting from any investment or financial decision made based on information from this Site
THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF ACUBOOTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the extent AcuBooth’s liability cannot be fully disclaimed, AcuBooth’s total aggregate liability to you for all claims arising from or relating to these Terms or your use of the Site shall not exceed one hundred U.S. dollars ($100.00).
10. Indemnification
You agree to indemnify, defend, and hold harmless AcuBooth and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to:
- Your violation of these Terms
- Your use of or inability to use the Site
- Your violation of any applicable law, regulation, or third-party rights
- Any content or information you submit, transmit, or otherwise provide through the Site
- Your gross negligence or willful misconduct
11. Third-Party Links and Content
The Site may contain links to third-party websites or resources. These links are provided solely for convenience and do not imply AcuBooth’s endorsement of, or responsibility for, the content, products, or services on or available from those websites. You access third-party sites at your own risk and subject to the terms and conditions of those sites.
12. Regulatory Compliance
AcuBooth is not registered with the U.S. Securities and Exchange Commission (SEC), the Financial Industry Regulatory Authority (FINRA), or any state securities regulator as an investment adviser or broker-dealer. Nothing on this Site is intended to constitute the offering of investment management services, portfolio management services, or investment advisory services subject to the Investment Advisers Act of 1940.
Any overlay agreements or services entered into between AcuBooth and its clients are governed by individually executed written agreements and are subject to the terms, conditions, disclosures, and risk acknowledgments contained therein.
13. Governing Law and Dispute Resolution
13.1 Governing Law
These Terms and any dispute arising from or relating to these Terms or your use of the Site shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions.
13.2 Informal Resolution
Before initiating formal dispute resolution, you agree to first contact AcuBooth at contact@acubooth.com and provide a written description of the dispute, the relief sought, and your contact information. The parties will attempt to resolve the dispute informally within 30 days of the notice.
13.3 Binding Arbitration
If the dispute is not resolved informally, any claim or controversy arising out of or relating to these Terms or your use of the Site shall be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules, with the arbitration conducted in Lake County, Illinois, or remotely by mutual agreement.
13.4 Class Action Waiver
YOU AND ACUBOOTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
13.5 Exceptions
Notwithstanding the foregoing, either party may seek emergency equitable or injunctive relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.
14. Force Majeure
AcuBooth shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, pandemics, governmental actions, internet or telecommunications outages, cyberattacks, or failures of third-party service providers (including Amazon Web Services).
15. Termination and Access Suspension
AcuBooth reserves the right, in its sole discretion, to terminate or suspend your access to the Site at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Upon termination, all licenses granted to you under these Terms will immediately cease.
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by AcuBooth on the Site, constitute the entire agreement between you and AcuBooth concerning your use of the Site.
16.2 Severability
If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and all other provisions shall remain in full force and effect.
16.3 Waiver
No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term.
16.4 Assignment
You may not assign or transfer any rights or obligations under these Terms without AcuBooth’s prior written consent. AcuBooth may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.
16.5 Notices
Notices from AcuBooth to you may be provided via email to the address you submit through our contact form, or by posting to the Site. Notices from you to AcuBooth must be sent by email to contact@acubooth.com or by certified mail to our address below.
16.6 Changes to These Terms
We reserve the right to modify these Terms at any time. We will update the “Last updated” date at the top of this page. Your continued use of the Site after any changes become effective constitutes your acceptance of the revised Terms.
17. Contact
For questions about these Terms of Service, please contact:
AcuBooth — Legal
272 Market Sq, Lake Forest, IL 60045
contact@acubooth.com