Agreement Between User and Black Peak Ventures

Welcome to Black Peak Ventures. The http://vixcontango.com website (the "Site") is comprised of various web pages operated by Black Peak Ventures, Inc ("Black Peak Ventures"), a corporation registered in the State of Connecticut. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. By accessing this site, you agree to be bound by these Terms and Conditions of Use, all applicable lawusers and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not wish to be bound by these Terms of Use, you are prohibited from using or accessing this site. Your remedy for dissatisfaction with this site or any products, services, content, or other information available on this site is to stop using the site, products, and/or services. Your agreement with us regarding compliance with these Terms of Use becomes effective immediately upon your entry to this site. As used in these Terms of Use, references to "Owners" includes site's owners, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

Description of Services

Use of this site is for informational and educational purposes only, this site does not provide investment advice. Black Peak Ventures does not provide professional financial investment advice specific to your life situation. Black Peak Ventures provides investment analysis of the SPX and VIX futures market, related exchange traded products, and cryptocurrencies using algorithmic and discretionary signals derived from proprietary indicators, measurements and analytics. Black Peak Ventures does not recommend that you buy, sell, or hold any security or cryptocurrency and does not offer investment advice, personalized or otherwise. Alerts or trade signals that say "BUY" or "SELL" that you might get via email or see on the website as part of the PREMIUM subscription are simply trade signals issued by algorithms that satisfy certain technical criteria. Trade signals issued in discretionary strategies satisfy certain discretionary criteria. All of these trade signals are not to be confused with personalized investment advice which takes into account your personal financial situation, your personal exposure to various asset classes and risk tolerance. Black Peak Ventures is not aware of its subscribers' personal financial situation, trading activity, trading accounts, exposure to various asset classes or risk tolerance and as such is incapable of providing personalized investment advice. For vast majority of clients, trading in alternative assets like volatility or cryptocurrencies is not recommended due to high daily volatility and regulatory risk and the possibility of complete loss of investment capital. All content on this site is provided for informational purposes only and should not be interpreted as advice to buy or sell any securities or cryptocurrencies. Black Peak Ventures makes various services available on its websites including, but not limited to stock, exchange traded products (ETP) and futures data and metrics. VIX spot index, VIX futures and ETF quote data is delayed 15 minutes. There may be up to 30 second update delay based on network conditions in addition to the data source delay. Our volatility metrics, analytics and indicators (referred to within the site as "VIX Contango Oscillator", "VIX Term Roll Oscillator", "VDelta" and others) take price levels from current and historical volatility futures and spot indices and using mathematical formulas calculate indicator values that provide insight into what specific ETPs may do based on the definitions for movement as defined within the relevant ETP prospectus and historical data. The indicators should not be construed as a prediction of any sort. We may make additional services available via other forms of electronic and/or non-electronic communication, all of which are also covered by these Terms of Use. We reserve the right to either modify or discontinue the site, including any of the site’s features, at any time without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that are added to this site shall also be subject to these Terms of Use.

Use License

Permission is granted to the user to temporarily download one copy of the materials on the site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

a) modify, reproduce, duplicate, forward, redistribute, sell, or resell the materials;
b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
c) attempt to decompile or reverse engineer any software contained on the site;
d) remove any copyright or other proprietary notations from the materials; or
e) transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Black Peak Ventures at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

PREMIUM Subscription

The PREMIUM subscription costs $999.99 per year and covers retail and professional investors and users engaged in non-commercial activity who have less than $10 million in assets under management. This subscription allows for only one licensed user. This subscription includes Website Access to the VIXCONTANGO website, All Newsletters via email, Trade Alerts via email/twitter and Private Twitter Feed.

Commercial Activity

This website targets users engaged in non-commercial activity. Usage of this website for commercial activity is prohibited. We define "commercial activity" as follows:

a) The resale of any information on our website (signals/indicators/analysis). If a fee is charged directly or indirectly for our content, it is commercial activity.
b) Usage of the website and our communications (signals/indicators/analysis) to trade volatility exchange traded products, VIX futures or VIX options in portfolios for non-hedging purposes (more than 10% of the total allocation) and charging subscribers/clients a fee for that activity. For example, trading volatility products as main strategy on auto-trading platforms like Collective2.
c) Usage of the website and our communications (signals/indicators/analysis) by investment professionals (anybody registered with a financial industry regulator like FINRA, SEC, CFTC, UK's FSA, etc) to trade volatility exchange traded products, VIX futures or VIX options in funds, portfolios, or separately managed client accounts for non-hedging purposes (more than 10% of the total allocation and positions having a positive correlation with the S&P 500). If clients/fund shareholders are charged a fee, we consider it commercial activity.

For example, if you are a retail investor or investment adviser and trade volatility products (Volatility ETPs/VIX futures/VIX options) in your personal account, that is not considered commercial activity. But if you trade volatility products in client accounts for non-hedging purposes (more than 10% of portfolio and positions having a positive correlation with the S&P 500) and charge a management fee or brokerage fee or any type of fee, that would be considered commercial activity.

Anti-churn Rule

A user can activate/deactivate a subscription at most 3 times during any 24 month period. While we allow for upgrades and reasonable cancellations, we want to prevent users from using the service only during pivotal points in the stock market.

Third Party Registration

In order to access some of the services on this site, you may choose to sign in with a valid Twitter account. This owners of this website are not associated with Twitter. You understand that additional Terms of Service may apply to you for services provided by Twitter.

Privacy

Your use of the Site is subject to Black Peak Ventures's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting the Site or sending emails to Black Peak Ventures constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Black Peak Ventures is not responsible for third party access to your account that results from theft or misappropriation of your account. Black Peak Ventures and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Black Peak Ventures does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.

Links to third party sites/Third party services

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Black Peak Ventures and Black Peak Ventures is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Black Peak Ventures is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Black Peak Ventures of the site or any association with its operators. Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the the Site domain, you hereby acknowledge and consent that Black Peak Ventures may share such information and data with any third party with whom Black Peak Ventures has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users and customers.

No unlawful or prohibited use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Black Peak Ventures that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Black Peak Ventures or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Black Peak Ventures content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Black Peak Ventures and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Black Peak Ventures or our licensors except as expressly authorized by these Terms.

Disclaimer of Warranties

All materials and services provided by Black Peak Ventures are provided on an "as-is" basis without warranty of any kind. Past performance of strategies identified on this site is not indicative of future results. Black Peak Ventures makes no representations concerning the likelihood of profitable trading using these strategies. Trading of securities, options and futures may not be suitable for all individuals and involves the risk of losing part or all of your money. You are responsible for your own financial and investment decisions and should consult a qualified financial professional for advice specific to your financial situation prior to trading securities.

Although we strive to keep our site and its content up to date and accurate, we occasionally experience outages. Our data depends on external data sources and we are not responsible for the reliability and service levels of the external data sources. We provide no guarantee or warranty on the availability or accuracy of data throughout this site. This site's owners will not be held responsible for any liabilities that may arise as a result of data reporting errors or outages. Paying subscribers will be compensated for down-time at the sole discretion of Black Peak Ventures.

You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

Revisions and Errata

The materials appearing on this site could include technical, typographical, or photographic errors. We may make changes to the materials contained on the web site at any time without notice. Black Peak Ventures does not warrant that any of the materials on its web site are accurate, complete, or current. The content at this site may be out of date, and we make no commitment to update its materials or services.

Third Party Accounts

You will be able to connect your Black Peak Ventures account to third party accounts. By connecting your Black Peak Ventures account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

Affiliation Disclosures

Black Peak Ventures was affiliated with Black Peak Capital, LLC from 2017 to 2020. Black Peak Capital was a registered investment adviser located in Fairfield, Connecticut. Registration does not imply a certain level of skill or training and no inference to the contrary should be made.

International Users

The Service is controlled, operated and administered by Black Peak Ventures from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Black Peak Ventures Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

User Conduct

You are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
f. impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Unauthorized Use of Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

You agree that we may at any time, and at our sole discretion, terminate your membership, access, account, or other affiliation with our site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Unauthorized Use of Materials

Any communication or material that you transmit to this site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us under any circumstance.

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
7. Sign the paper.
8. Send the written communication to the following address:

Designated Agent for Claimed Infringement: O'Neill, Dimanno & Kelly
Contact: vixcontango@outlook.com

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

Limitation of Liability

The Owners and operators of this site are not licensed investment advisers and they are not acting as an investment adviser to any users of this site. All content is provided solely for educational and informational purposes and should not be interpreted as advice to buy or sell any securities. All tools and information provided by the Owners of this site are made available to you for self-directed use. Visitors to this site should complete their own analysis prior to making investment decisions and are fully responsible for any investment decisions they make. Any purchase or sale of securities that you make based on information obtained from this site will be made at your own risk, and this site's Owners will not be liable for any losses that you may sustain.

Under no circumstances, including but not limited to negligence, shall Black Peak Ventures or its Owners be liable to you or any third party for any special, punitive, incidental, direct, indirect, exemplary, or consequential damages of any kind damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on this website or of any website referenced or linked to from this site, even if Black Peak Ventures or a Black Peak Ventures authorized representative has been notified orally or in writing of the possibility of such damages. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. In no event shall Black Peak Ventures's total liability to you for all damages, losses, and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you to Black Peak Ventures, if any, for access to the site or associated services.

Indemnification

You agree to indemnify, defend and hold harmless Black Peak Ventures, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Black Peak Ventures reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Black Peak Ventures in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Black Peak Ventures AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. Black Peak Ventures AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Black Peak Ventures AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Black Peak Ventures AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Black Peak Ventures OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/access restriction

Black Peak Ventures reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Connecticut and you hereby consent to the exclusive jurisdiction and venue of courts in Connecticut in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Black Peak Ventures as a result of this agreement or use of the Site. Black Peak Ventures's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Black Peak Ventures's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Black Peak Ventures with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Black Peak Ventures with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Black Peak Ventures with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Governing Law

Any claim relating to the site shall be governed by the laws of the State of Connecticut without regard to its conflict of law provisions.

Miscellaneous

Any cause of action brought by you against us or our Owners must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms of Use.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

Changes to Terms

Black Peak Ventures reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Black Peak Ventures encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Black Peak Ventures welcomes your questions or comments regarding the Terms at vixcontango@outlook.com

Effective as of May 15, 2015