Terms of Use

These Terms of Use govern your access to and use of the websites, content, newsletters, inquiry channels, tools, and related services operated by BlackArbs LLC and its affiliates, contractors, agents, licensors, service providers, successors, and assigns (collectively, BlackArbs, we, us, or our), including blackarbs.com and related subdomains that link to these Terms (collectively, the Services).

By accessing or using the Services, you agree to these Terms. If you do not agree, do not access or use the Services.

1. Eligibility

You represent and warrant that you are at least 18 years old, have the legal capacity to enter into a binding agreement, and are not using the Services in violation of applicable law.

2. Changes to the Services or These Terms

We may update the Services and these Terms from time to time. If we make material changes, we may revise the effective date above and take any additional notice steps we consider appropriate. Your continued use of the Services after updated Terms become effective constitutes your acceptance of the revised Terms.

3. No Investment, Legal, Tax, or Professional Advice

The Services are provided for informational, educational, editorial, software, and commercial-business purposes only. Nothing in the Services constitutes investment advice, legal advice, tax advice, a recommendation to buy or sell any security or strategy, or the creation of an advisory, fiduciary, brokerage, attorney-client, accountant-client, or other professional relationship.

You are solely responsible for evaluating any information and for obtaining professional advice appropriate to your circumstances before making financial, legal, tax, technical, or operational decisions.

4. Educational and Performance Disclaimer

The Services may include market commentary, research, code, analytics, simulations, case studies, and performance-related content. Past performance does not guarantee future results. Hypothetical, backtested, or simulated performance has inherent limitations and may not reflect actual trading conditions, transaction costs, slippage, taxes, timing, liquidity constraints, or changing market regimes.

5. Accounts, Newsletters, and Communications

You may be permitted to subscribe to newsletters, request information, or otherwise submit information through the Services. You agree to provide accurate and current information. By providing contact information to us, you consent to receive communications related to your requests, transactions, support matters, and account activity, subject to our Privacy Policy and applicable law.

6. Acceptable Use

You may not use the Services to:

• Violate any law, regulation, or third-party right.
• Infringe intellectual property, privacy, publicity, confidentiality, or contract rights.
• Upload or distribute malware, malicious code, or harmful content.
• Interfere with the operation, security, integrity, or availability of the Services.
• Scrape, crawl, harvest, mirror, or systematically extract content, data, signals, or outputs except as expressly authorized in writing.
• Use the Services to create competing products, training datasets, or model systems without prior written permission.
• Impersonate another person or entity, or misrepresent affiliation with any person or entity.

7. Intellectual Property

The Services and all content, software, code, research, text, graphics, branding, logos, designs, layouts, and other materials made available by BlackArbs are owned by BlackArbs or its licensors and are protected by intellectual property and other laws.

Subject to these Terms, BlackArbs grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal or internal business use only. Except as expressly permitted in writing, you may not reproduce, distribute, publish, sell, license, modify, adapt, translate, create derivative works from, or otherwise exploit the Services.

8. User Content and Feedback

If you submit messages, comments, questions, files, code, feedback, testimonials, or other material to us, you represent and warrant that you have the rights necessary to provide it. You retain ownership of your content, but you grant BlackArbs a non-exclusive, worldwide, royalty-free license to host, store, reproduce, use, display, and process that content as reasonably necessary to operate, secure, improve, support, market, and provide the Services.

9. Third-Party Services, Links, and Communities

The Services may link to or integrate with third-party websites, software, brokers, data providers, payment processors, email platforms, community platforms, or other services. BlackArbs does not control and is not responsible for third-party services, their terms, their privacy practices, their uptime, or their conduct. Your use of third-party services is at your own risk.

10. Paid Offerings

If you purchase a paid offering, pricing, delivery terms, support scope, refund rules, and any product-specific conditions will be presented at checkout or in the applicable product agreement. You authorize us and our payment processors to charge the amounts you agree to pay. No checkout or product-specific term is modified by these general Terms unless expressly stated.

11. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BLACKARBS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, AND AVAILABILITY.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BLACKARBS AND ITS AFFILIATES, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, USE, OPPORTUNITY, OR TRADING LOSSES ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF ALL BLACKARBS PROTECTED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO BLACKARBS FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.

13. Indemnification

You will defend, indemnify, and hold harmless BlackArbs and its affiliates, subsidiaries, members, managers, directors, officers, employees, contractors, agents, licensors, service providers, successors, and assigns from and against claims, demands, actions, proceedings, losses, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Services, your violation of these Terms, your violation of law or third-party rights, your submitted content, or your misuse of the Services.

14. Suspension and Termination

BlackArbs may suspend or terminate your access to some or all of the Services at any time, with or without notice, if BlackArbs believes you violated these Terms, created legal risk, threatened the integrity or security of the Services, or where suspension is otherwise appropriate to protect BlackArbs, users, or third parties.

15. Governing Law and Venue

These Terms and any dispute arising out of or relating to the Services or these Terms will be governed by the laws of the State of Colorado, without regard to conflict-of-laws principles.

Any dispute arising out of or relating to the Services or these Terms that is not required to be brought in another forum by non-waivable law will be brought exclusively in the state or federal courts located in Colorado, and each party consents to personal jurisdiction and venue there.

Nothing in these Terms limits either party's right to seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect intellectual property, confidential information, platform security, or against unlawful misuse of the Services.

16. Miscellaneous

These Terms constitute the entire agreement between you and BlackArbs regarding the general use of the Services, except to the extent a separate written agreement governs a specific offering. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force. BlackArbs' failure to enforce any provision is not a waiver. You may not assign these Terms without BlackArbs' prior written consent.

17. Contact

BlackArbs LLC
Email: bcr@blackarbs.com