Your Purchase of EZBreakouts Products is your acknowledgement
and agreement to ALL of the following TERMS:
1. Our published Researched Based Results are Not Typical or Generally Expected Results: If you are looking for some indication of what typical results may be or what your generally expected results may be, we don’t suggest or provide this information. We are not able to because we don’t:
- Track any results of our past or current customers.
- Have access to the personal trading accounts or brokerage statements of our customers.
- Collect any information from our customers regarding their results; or
- Have the ability of predicting the behavior of the market.
In addition, our research (and related guides) showing our hypothetical results since 2015, does not indicate, nor should it be relied upon as an indication of, your future results due to the following:
- Your results will vary based on your own learning curve and experience (or lack thereof);
- Your results will vary based on the time and effort you devote to trading;
- Your results will vary based on how well you master risk techniques;
- Your results will vary based on differences with account commissions, slippage, and margin interest;
- Your results will vary due to your development of your own strategies and guides;
- Your results will vary due to changes in the market;
- Past results may never be replicated in the future; and
- Available research strongly suggests that most day traders are not profitable.
What We Do: We provide research, strategies and related guides based on our trading experience which includes: (i) a description of the strategies and guides we have followed since 2015, and (ii) hypothetical results based on these strategies and guides. This research is intended to save you time so that you may focus on developing your own strategies for trading. What We Don’t Do: We don’t sell the “dream” of getting rich, or of making specific amounts of money or realizing any specific results. We don’t:
- Recommend trades or provide “rules” for trading;
- Solicit orders to buy or sell any security; or
- Endorse, sponsor, or recommend any company, security, or fund.
What We Aren’t: We are not:
- Investment advisors (registered or otherwise);
- Financial advisors or planners;
- FINRA registered representatives; or
- Registered with the Securities & Exchange Commission (SEC).
2. Membership is for a single subscriber’s viewing and is sent exclusively to a single e-mail address. You agree that you will not reproduce, share, or distribute any material or content found on this website. Should you decide to e-mail, post or share content or material elsewhere, your membership will be terminated and you will forfeit the remaining balance of your membership subscription, without any refund rights.
3. Lifetime Member Definition: A Lifetime EZBreakouts FULL Member is entitled to: The Top 10 Daily Stock Picks, all available EZBreakouts University Videos and Video Archive, The EZ Autotrader Software tools and any and all bonuses that were included at time of purchase, without having to make any additional payments for these products and services, for as long as the services are made available to the public.
4. EZBreakouts has been in business since 2010 and this is Eddie Z’s life’s work. A Lifetime Member is NOT entitled to any new products or services released by EZBreakouts after membership purchase date unless expressly promised by Eddie Z during the offer period.
Tulcan Enterprises LTD, Russ Hazelcorn (aka Eddie Z), EZBreakouts & EZ Trading Computers reserve the absolute right to change, modify, alter, amend, cancel or replace any or all of these terms and conditions and any or all services provided hereunder at any time and in any way. Any such changes will take effect immediately when posted on the website and it is your responsibility to read the terms and conditions. No refunds, replacements or other consideration will be provided for any changes, cancellations or modifications.
5. You understand and acknowledge that occasional technical problems or force majeure could arise, which may temporarily interrupt the service. You agree that Eddie Z, EZBreakouts.com & Tulcan Enterprises LTD (including any and all directors & employees) shall have no liability to you for any such interruptions and you hold them harmless for any such occurrences, regardless of cause or duration. You agree that Eddie Z, EZBreakouts.com & Tulcan Enterprises LTD (including any and all directors & employees of same) are not responsible or liable for any loss or damage caused by your inability to access the website. You accept that Eddie Z, EZBreakouts.com & Tulcan Enterprises LTD (including any and all directors & employees of same) are allowed up to 6 weeks of vacation time per year, during which time www.EZBreakouts.com and our membership site on Teachable.commay not be updated.
6. GUARANTEE TERMS AND REFUND POLICY: EZBreakouts Full Memberships : Lifetime Memberships have 30 days from payment date to request a full refund. To be eligible for a refund, you must: do all of these:
- Be within the 30 Day Money Back Guarantee period
- Complete at least 30% of the training inside of EZBreakouts University and document your progress including your practice trades, AND
- Call EZBreakouts at 800-387-5250 x1 to make formal request within the 30 days.
Members who do not follow all of the above the steps are NOT ENTITLED TO REFUND. Membership may not be assigned or transferred to any other person or entity. Member must promptly inform Eddie Z and EZBreakouts.com by calling 800-387-5250 of the following: Changes in the expiration date of any credit card used in connection with the Service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until Eddie Z and EZBreakouts are notified by calling 800-387-5250 of a breach in security, the Member will remain liable for any unauthorized use of the Service. Please allow 30 days for delivery of How to Make Money in Stocks paperback book and any other bonus books promised during the offer.
EDDIE Z, EZBREAKOUTS.COM AND TULCAN ENTERPRISES LTD WARRANTY DISCLAIMER AND SOFTWARE LICENSE AGREEMENT
Licensors® EZBreakouts Application NOTICE TO USERS: YOU MUST AGREE TO ALL TERMS BELOW BEFORE YOU USE THE SOFTWARE. IF YOU DO NOT AGREE TO ALL TERMS, DO NOT USE THIS SOFTWARE. BY USING THE SOFTWARE YOU ACCEPT ALL THE TERMS BELOW IN THIS WARRANTY DISCLAIMER AND SOFTWARE LICENSE AGREEMENT (“AGREEMENT”). THE EXPORT AND RE-EXPORT OF THE SOFTWARE IS CONTROLLED BY THE UNITED STATES EXPORT ADMINISTRATION REGULATIONS AND SUCH SOFTWARE MAY NOT BE EXPORTED OR RE-EXPORTED TO CUBA, IRAN, NORTH KOREA, SUDAN, OR SYRIA OR ANY COUNTRY TO WHICH THE UNITED STATES EMBARGOES GOODS. IN ADDITION, THE SOFTWARE MAY NOT BE DISTRIBUTED TO PERSONS ON THE TABLE OF DENIAL ORDERS, THE ENTITY LIST, OR THE LIST OF SPECIALLY DESIGNATED NATIONALS. BY DOWNLOADING OR USING THE SOFTWARE, YOU ARE CERTIFYING THAT YOU ARE NOT A NATIONAL OF CUBA, IRAN, NORTH KOREA, SUDAN, OR SYRIA OR ANY COUNTRY TO WHICH THE UNITED STATES EMBARGOES GOODS, AND THAT YOU ARE NOT A PERSON ON THE TABLE OF DENIAL ORDERS, THE ENTITY LIST, OR THE LIST OF SPECIALLY DESIGNATED NATIONALS. THE SOFTWARE MAY CAUSE YOUR COMPUTER TO AUTOMATICALLY CONNECT TO THE INTERNET. SEE SECTIONS 6 AND7 FOR ADDITIONAL INFORMATION. PART I. WARRANTY DISCLAIMER The Software is currently made available to you as part of your EZBreakouts Full Membership or EZ Swing Trading Package. You may be entitled to warranties, conditions, and terms that may not be excluded or limited by Eddie Z, EZBreakouts.com and Tulcan Enterprises LTD (the “Licensors”) under law. EXCEPT FOR THOSE NON-EXCLUDABLE WARRANTIES, CONDITIONS, AND TERMS, THE SOFTWARE IS MADE AVAILABLE “AS IS.” EXCEPT FOR THOSE NON-EXCLUDABLE WARRANTIES, CONDITIONS, AND TERMS, AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING PERFORMANCE, RESULTS, SECURITY, NONINFRINGEMENT, MERCHANTABILITY, INTEGRATION, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME STATES. YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. LICENSORS DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. These exclusions and limitations will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. Except for on-line self- serve support that may be available on any website operated by the Licensors, the Licensors provide no support services for the Software. Licensors reserves the right to charge you for use of subsequent versions of the Software or any Licensors online services available through the Software. PART II. SOFTWARE LICENSE AGREEMENT
1. “Licensors” means TULCAN ENTERPRISES LTD, dba Eddie Z and EZBreakouts.com, a Nevada corporation, PO BOX 3540, Silver Springs, NV 89429 (mailing address: 8958 West State Rd 84 #262, Davie, FL 33324). “Licensors EZ Exit Automation Tool or EZ Autotrader, EZ Swing Tool for TOS Schwab and/or TOS Schwab Options Indicator Suite” means the Licensors’ online service located at https://www.ezbreakouts.com/ (or successor website), which provides the EZ Autotrader Automation Tools (including the EZ Autotrader, EZ Day Trading Exit Tool , EZ Swing Trading Exit Tool & EZ Swing Tool for TOS Schwab and/or TOS Schwab Options Indicator Suite) which is software that helps traders manage stock positions specifically for the purpose of managing entry and exit of stock positions. “Software” means the Software named above including any media, documentation, and fonts that relate to that Software. The term “Software” also includes any future updates to the Software (“Updates”) that are not delivered to you under separate terms.
2. Software Subject to the terms and conditions of this Agreement, including but not limited to you signing up for the Licensors EZ Exit Automation Tool or EZ Autotrader, EZ Swing Tool for TOS Schwab and/or TOS Schwab Options Indicator Suite (as defined below), Licensors grants you a non-exclusive license to install and use a copy of the Software on a compatible computer to use the Licensors EZ Exit Automation Tool or EZ Autotrader, EZ Swing Tool for TOS Schwab and/or TOS Schwab Options Indicator Suite and download the results via the Software.
3. Restrictions & Obligations
3.1 your use of the Software is subject to you signing up for the Licensors EZBreakouts Full Membership package or EZ Swing Trading Alerts Package.
3.2 You cannot use the Software without having a valid account for the EZBreakouts Full Membership package or EZ Swing Trading Alerts. Internet Connection Required. In order to use the Software, you must be connected to the Internet and download it over the internet, for installation on a third party
3.3 Additional Terms of Use. The Software will facilitate your access to the Licensors EZ Exit Automation Tool or EZ Autotrader, EZ Swing Tool for TOS Schwab and/or TOS Schwab Options Indicator Suite. Your use of the Licensors EZ Exit Automation Tool or EZ Autotrader, EZ Swing Tool for TOS Schwab and/or TOS Schwab Options Indicator Suite may be governed by subscription or access fees, although presently offered as part of your EZBreakouts Full Membership package or EZ Swing Alerts Package. You may not modify, adapt, or translate the Software. You may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software, except to the extent you may be expressly permitted under applicable law to decompile only in order to achieve interoperability with the Software. You will not distribute, rent, lease, sublicense, assign, or transfer your rights in the Software, or authorize the Software to be copied onto another user’s computer, except as expressly allowed by this agreement. You will not make the Software available for use on a server, service bureau, or similar basis, on the Internet.
4. Third Party Materials. Use of some third party materials may be subject to terms and conditions typically found in a separate license agreement. or , or readme file located near such materials, for example at https://www.tradestation.com/important-information/ or https://www.tdameritrade.com/retail-en_us/resources/pdf/AMTD182.pdf.
5. Intellectual Property Licensors and its suppliers own all intellectual property rights in the Software. The Software is licensed, not sold. You will not install, copy, or use the Software in any manner not expressly permitted above. All rights not expressly granted under this agreement are reserved by Licensors and its suppliers. By using an Update, you hereby voluntarily terminate your right to use any previous version of the Software. Licensors may deliver Updates to you on different terms. The Software may cause your computer, without additional notice, to automatically connect to the Internet (intermittently or on a regular basis) to check for Updates that are available for automatic download to your computer and to let Licensors know the results of installation attempts.
6. Automatic Connections to the the Software may cause your computer to automatically connect to the Internet in order to let Licensors know that the Software is successfully installed and in order to use the Software and the Licensors EZ Exit Automation Tool or EZ Autotrader, EZ Swing Tool for TOS Schwab and/or TOS Schwab Options Indicator Suite. Whenever the Software makes an Internet connection and communicates with a Licensors website, whether automatically or due to explicit user request, the Licensors Privacy Policy, Licensors.com TOU, and Acrobat.com TOU shall apply. In addition to Section 6 above, the following provisions apply to all automatic Internet connections by the Software:
7. Automatic Connections to the Internet. The Software may cause your computer to automatically connect to the Internet in order to let Licensors know that the Software is successfully installed and in order to use the Software. Whenever the Software makes an Internet connection and communicates with a Licensors’ website, whether automatically or due to explicit user request, the Licensors Privacy Policy, EZBreakouts Terms of Service, and this agreement shall apply. In addition to Section 6 above, the following provisions apply to all automatic Internet connections by the Software:
7.1 When the Software automatically connects to the Internet, an Internet protocol address that is associated with your current Internet connection is sent to an Licensors website; and
7.2 when the Software automatically connects to the Internet, no personally identifiable information is sent except (a) your login information for the Licensors EZ Exit Automation Tool or EZ Autotrader, EZ Swing Tool for TOS Schwab and/or TOS Schwab Options Indicator Suite;(b) as set forth in Licensors TOU, and (c) to the extent that Internet Protocol Addresses may be considered personally identifiable in some jurisdictions.
8. Warranty Disclaimer
The Software is currently made available to you as part of your purchase of the EZBreakouts Full Membership package or the EZ Swing Trading Alerts package.
You may be entitled to warranties, conditions, and terms that may not be excluded or limited by Licensors under law. EXCEPT FOR THOSE NON-EXCLUDABLE WARRANTIES, CONDITIONS, AND TERMS, AND THE SOFTWARE ARE MADE AVAILABLE “AS IS.” EXCEPT FOR THOSE NON-EXCLUDABLE WARRANTIES, CONDITIONS, AND TERMS, LICENSORS AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES, OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING PERFORMANCE, RESULTS, SECURITY, NONINFRINGEMENT, MERCHANTABILITY, INTEGRATION, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME STATES. YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. LICENSORS DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW.
These exclusions and limitations will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. Except for any on-line self- serve support that may be available on Licensors www.ezbreakouts.com, Licensors provides no support services for the Software. Licensors reserves the right to charge you for use of subsequent versions of the Software or any Licensors online services available through the Software.
9. LIMITATION OF LIABILITY.
EXCEPT FOR ANY REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW, LICENSORS AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS, OR COSTS INCLUDING ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF AN LICENSORS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, AS A RESULT OF THE USE OF THE SOFTWARE. THIS INCLUDES ANY AND ALL ADVERSE INVESTMENT RESULTS OR LOSSES AND THE LICENSEE ASSUMES ALL RISKS OF INVESTMENT LOSSES AND IS NOT ENTITLED TO RELY ON THE SOFTWARE IN MAKING ANY INVESTMENT DECISIONS. IN ANY EVENT, LICENSORS’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. Nothing
contained in this agreement limits Licensor's liability to you in the event of death or personal injury resulting from Licensor's negligence or for the tort of deceit (fraud). Licensors is acting on behalf of its affiliates and suppliers for the purpose of disclaiming, excluding, and limiting obligations, warranties, and liability, but in no other respects and for no other purpose. For further information, contact the Licensors Customer Support Department.
THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME STATES. YOU MAY HAVE RIGHTS THAT CANNOT BE WAIVED UNDER CONSUMER PROTECTION AND OTHER LAWS. LICENSORS DOES NOT SEEK TO LIMIT YOUR WARRANTY OR REMEDIES TO ANY EXTENT NOT PERMITTED BY LAW.
10. Governing Law.
This Agreement will be governed by and construed in accordance with the substantive laws of the State of Florida, if a license to the Software is obtained when you are in North America; or (b) of Japan, if a license to the Software is obtained in an Asian country where English is not an official language; or (c) England, if a license to the Software is obtained in any other location. The courts of Broward County, Florida shall each have exclusive jurisdiction over all disputes relating to this agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
11. Feedback.
You have no obligation to provide Licensors with ideas, suggestions, documentations, and/or proposals (“Feedback”). However, if you submit Feedback to Licensors through any method (written, oral, email, on the Licensors’ website, or on third party services such as Facebook or Twitter), while you retain ownership in such Feedback, you hereby grant Licensors a nonexclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable, unlimited license under all of your Intellectual Property Rights to use and otherwise exploit your Feedback for any purpose throughout the universe. Further, by submitting Feedback, you represent and warrant that (a) your Feedback does not contain the confidential or proprietary information of you or of third parties; (b)Licensors is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (c)Licensors may have something similar to the Feedback already under consideration or in development; and (d) you are not entitled to any compensation or reimbursement of any kind from Licensors for the Feedback under any circumstances.
You have no obligation to provide Licensors with ideas, suggestions, documentations, and/or proposals (“Feedback”). However, if you submit Feedback to Licensors through any method (written, oral, email, on the Licensors.com site, or on third party services such as Facebook or Twitter), while you retain ownership in such Feedback, you hereby grant Licensors a nonexclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable, unlimited license under all of your Intellectual Property Rights to use and otherwise exploit your Feedback for any purpose throughout the universe. Further, by submitting Feedback, you represent and warrant that (a) your Feedback does not contain the confidential or proprietary information of you or of third parties; (b)Licensors is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (c)Licensors may have something similar to the Feedback already under consideration or in development; and (d) you are not entitled to any compensation or reimbursement of any kind from Licensors for the Feedback under any circumstances.
12. General Provisions. Your rights to use the Software terminate immediately if you do not comply with any term of this Agreement. If any provision of this agreement is found unenforceable, only that provision, interpreted as narrowly as possible, will be held unenforceable and the rest of this agreement will remain valid and enforceable according to its terms. Sections 1, 5, 8, 9, 10, 11 and 12 shall survive the termination of this Agreement. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of Licensors. This Agreement, the Privacy Policy, Licensors TOU and the Acrobat.com TOU are the entire Agreement between Licensors and you relating to the Software, and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the Software. If you have any questions regarding this document or if you wish to request any information from Licensors please use the address and contact information included with this product to contact the Licensors office serving your jurisdiction.
Licensors and EZBreakouts are either a registered trademark or trademark of Licensors Systems Incorporated in the United States and/or other countries.