The disclosures and terms set forth in this Disclaimer below control and govern your use and access to burntorangemonster.com (the “Website”). For purposes of these disclosures, the term “Owner” includes the Website’s officers, directors, employees, shareholders, agents, licensors, and subcontractors, and their respective successors and assigns.

You agree that these disclosures and terms and any dispute arising out of your use of the Website or products or services provided by the Website will be governed by and construed in accordance with the laws of the State of Texas without regard to conflicts of laws principles. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Website shall be mandatory in the Texas state courts located in Tarrant County, Texas.

In the event that any provision of these disclosures and terms is or becomes invalid or unenforceable, that provision (to the extent invalid or unenforceable) will be interpreted to reflect the original intention of Owner in accordance with applicable law, and the remainder of these disclosures and terms will continue in full force and effect.

Ambiguities in these disclosures and terms shall be resolved in favor of Owner.

Owner’s failure to exercise or delay in exercising any right, power or privilege shall not operate as a waiver; nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.

You agree that any claim or cause of action you may have with respect to the Website or its services must be filed within one (1) year after such claim or cause of action arose, otherwise such claim or cause of action will be forever barred, without regard to any contrary legislation. Further, the aforementioned one (1) year shall not be extended by any “discovery” rule or similar legislation or similar case law.

You agree that all rights granted to Owner are irrevocably vested. You agree that no breach by Owner will entitle you to equitable relief, including but not limited to injunctive relief. You agree that at any time we may request you in writing to sign and deliver to us any further documentation reasonably requested by Owner to confirm your license grant to Owner under these terms. If you fail to do so within 20 days after we request, then you agree that Owner is appointed as your attorney-in-fact with the power to execute such documents in the form requested by Owner.

Residents of the European Union are expressly prohibited from visiting this Website. At some point we will do the research on GDPR compliance and then maybe this section can go away. But until then, it's just easier to say no EU-resident visitors.

Residents of California are expressly prohibited from visiting this Website. At spme point we will do the research on compliance for California's new internet regulations; but, until then, it's just easier to do this in the meantime.

All users of this Website must be at least 13 years of age.

The names, products, services, and branding cited within the Website may be trademark or registered trademarks of their respective owners and the owners retain all legal rights. The use of trademarks or service marks by another is not a representation that the other is affiliated with, sponsors, is sponsored by, endorses, or is endorsed by, Owner.

This website makes no claim to nor challenge to any trademarks held by anyone other than Owner, including but not limited to Wizards of the Coast, LLC, Hasbro SA, Paizo Publishing, LLC, and Kickstarter, Inc., nor any of said entities’ parents, affiliates, or subsidiaries, and including but not limited to the Dungeons and Dragons®, Pathfinder®, and Kickstarter® marks.

Your use of the Website is provided on an ”AS IS” and ”AS AVAILABLE” basis. To the full extent permitted by applicable law, Owner expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranty of merchantability, the implied warranty of fitness for a particular purpose, and non-infringement.

Owner makes no warranty that any information contained in the Website is correct, accurate, or reliable.

Owner and the Website shall have no liability for any viruses, damage to your computer, loss of data, financial loss, or any other damages arising from your use of this Website. Any and all expenses related to necessary services or repairs for software or hardware, computer viruses, software code, and any losses or damages resulting from usage of the website are the sole responsibility of the user.

To the fullest extent permitted by applicable law, in no event will Owner be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages, whether under contract, tort or any other theory of liability, arising in connection with any use of the website; any failure, error, omission, interruption, defect, delay, computer virus or loss of data; any loss of use related to the Website or a linked site; any data or content on the website or a linked site; or any loss relating to any investments and investment results.

Owner may generate revenue from the Website. Please assume that Owner uses affiliate links that may direct visitors to third-party websites. Owner may be compensated on a per referral basis if the visitor successfully performs an action (for example: purchases a product). Any link to a third-party website may be an affiliate link that may contain a cookie attached to it. All visitors should assume that any products or services mentioned were received at no cost (unless otherwise noted) before being mentioned.

Owner may have marketing agreements with one or more different third parties (for example: websites, book publishers**. The third parties may compensate Owner to be promoted in a form agreed upon by both parties. The existence of any of these agreements should not be deemed as an endorsement or recommendation of Owner by the third parties nor of the third parties by Owner.

All trading or investing contains significant risk. Leveraged vehicle such as Forex, Futures, and related markets even more so. Only risk capital should be used to trade. Past performance is not indicative of future performance.

Any opinions, news, research, or other information is provided as general commentary and is not investment advice. Nothing on this website is an offer to buy, hold, or sell any security or investment product.

Burnt Orange Monster does not render or offer to render personalized financial, investment, tax, legal or accounting advice through this website.

No warranties either express or implied are made regarding trading results, profits, losses, forward-looking statements, or anything else to do with trading. Any data or trades shown on this site should be considered hypothetical or simulated.

These results are based on simulated or hypothetical performance results that have certain inherent limitations. Unlike the results shown in an actual performance record, these results do not represent actual trading. Also, because these trades have not actually been executed, these results may have under-or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated or hypothetical trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve profits or losses similar to these being shown.

All trading decisions should be solely your own trading decisions. ALL trading includes substantial risks, including but not limited to the loss of your entire trading account or even more than your entire trading account.

You agree to the following licensing requirements:

When you submit content to which you hold the copyright, you agree to license it under two different licenses:

1. CC Attribution Noncommercial No Derivatives 4.0 International license; and
2. You grant a perpetual, exclusive, irrevocable, worldwide, royalty-free, fully-transferable, fully-sublicensable, license to use, perform, display, reproduce, print, publish, distribute, translate, publicly perform, transmit the content, in whole and in part, in all languages and formats, and by all means presently known or developed in the future, including the right to make derivative works with the content. It is understood by you that this is an exclusive, irrevocable license without restriction, and without any compensation, notification, or attribution.

You irrevocably waive your moral rights in user-submitted content, if any, and agree not to raise any claim or assertion of any moral rights in the user-submitted content against Owner. If this waiver is ineffective to any such foregoing moral-rights, then you agree that you intended to for your user-submitted content to be used without any credit obligation and that the licenses contained in these terms are not contract to your moral rights.

At Owner's option, the Website and any derivative works of the Website may attribute you through a list of all authors; however, such list may exclude small or irrelevant contributions.

You warrant and represent that any content you submit is your own copyright.

Owner collects non-personally identifying information of the sort that web browsers and servers make available, such as the browser type, language preference, referring site, and date and time of each visitor request. Owner may release non-personally identifying information in the aggregate.

Owner also collects potentially personally-identifying information like Internet Protocol addresses. Owner does not disclose such information, other than under the same circumstances that it uses and discloses personally-identifying information, as described below.

Certain visitors to the Website may interact with the Website in a manner that requires Owner to gather personally-identifying information. The amount and type of information that Owner gathers varies. For example, we may ask visitors to provide a username and email address. Visitors may always refuse to supply personally-identifying information, but it may prevent them from using all or some Website functionality.

Owner discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors, and affiliated organizations that need to know that information in order to process it on Owner’s behalf or to provide services available on the Website, and that have agreed not to disclose it to others. Some of those employees, contractors, and affiliated organizations may be located outside of your home country.

Owner will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than its employees, contractors, and affiliated organizations, as described above, Owner discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when Owner believes in good faith that disclosure is reasonably necessary to protect the property or rights of Owner, third-parties, or the public at large.

Owner may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Owner, the Website and our products, if any.

The Website uses cookies to help Owner identify and track visitors, their usage of the Website, and their website access preferences. Visitors of the Website who do not wish to have cookies placed on their computer should set their browsers to refuse cookies before using the Website; however, certain features to the Website may not function without cookies.

Owner may change this document, including the privacy terms, from time to time, and in its sole discretion.