legal stuff

ABOUT DOUGH

Dough, Inc. (“Dough,”) is a software application and trading platform. It is the goal of Dough’s managers, members, officers, directors, shareholders, partners, employees, contractors, agents, affiliates, successors, assignees and licensees (collectively “we,” “us,” and “our”) to provide trading tools, investor education and entertainment through a unique interface. Dough’s trading tools let you discover investment ideas and strategies, place and monitor trades of stocks, options and futures, and evaluate financial portfolios. Dough's education consists of instructional videos, quizzes, simulators and exercises covering beginning, intermediate and advanced investing techniques. Dough offers a mix of pre-recorded and live daily financial media content, along with challenging and interactive games designed to engage and teach trading concepts to individuals who are new to the financial markets, while reinforcing investing messages to more seasoned traders.

You can access Dough over the Internet at https://www.dough.com without charge, other than what you pay to access the Internet or for your mobile or other wireless and/or streaming devices (data charges may apply). Dough is accessible across multiple platforms, including web browser, tablet-based and mobile phone applications. In order to utilize some of our exclusive features, you will need to register with Dough and become a Dough user (“User”) by providing a username and valid email address.

If you own a self-funded brokerage account at our preferred broker, TD Ameritrade, you can log into it via the Dough application, place and track real trades and monitor your personal portfolio. Dough also allows you to watch original live and pre-recorded financial content provided by Dough TV and the tastytrade network (“Content”), and follow a select group of traders with various levels of experience investing in the financial markets, which includes both hosts of the tastytrade network and various employees and contractors of Dough (“Personalities”). By electing to watch one or more of the Personalities, you can see trades they make throughout the trading day and learn investment strategies that focus on probability of profit and return on capital.

Dough’s mission is to encourage you to become more actively involved in managing your own money by providing you with the knowledge and the means to confidently enter the world of high probability trading.

Terms and Conditions – To Use This Site, You Must Accept Our Terms and Conditions.

Last updated 02/24/2014

Please read our complete terms and conditions. Our terms and conditions (“Terms of Use” or “Agreement”) set forth the rules for using our Web Site. Please also read our Privacy Policy located athttps://www.dough.com/legal-stuff, which is part of our Terms of Use. In addition, we have a Frequently Asked Questions  (“FAQ”) page located at https://beta.dough.com/tda#/helpPage, which will answer many of your questions about Dough, the Web Site, the Software, the Platform, Content, Trading Tools, Investor Education and Entertainment (collectively, the “Site”) and how various features work.

General Terms and Conditions An Agreement between You and Us.

THESE TERMS OF USE ARE AN AGREEMENT BETWEEN YOU AND US. THEY GOVERN YOUR USE OF THE SITE. BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. THESE TERMS OF USE CONTAIN WARRANTIES AND RELEASES FROM YOU AND DISCLAIMERS OF LIABILITY FROM US. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.

Changes

We reserve the right to change these Terms of Use and or our Privacy Policy or to impose new conditions on use of the Site from time to time, in which case we will post the revised Terms of Use or Privacy Policy on the Site and update the "Last Updated" date to reflect the date of the changes. All changes will be effective immediately upon our posting the changes on the Site. By continuing to use the Site after we post any such changes, you agree to accept and to be bound by the Terms of Use and Privacy Policy, as modified. If you do not agree to the changes, please promptly discontinue use of the Site. You should re-read these Terms of Use and our Privacy Policy periodically so you are up to date with respect to any changes that we have made to the Terms of Use or our Privacy Policy. We will not modify the terms of your existing Dough usage. Changes will only affect your future Dough usage.  

We reserve the right to terminate the use of any username or password, or to deny access to Dough or any other features of the Site, to anyone who violates these Terms of Use or who, in our sole determination, interferes with the ability of others to enjoy the Site or infringes the rights of others.

We have the right at any time to change or discontinue any aspect or feature of the Site or any Dough-produced product or service, including, but not limited to, the Trading Platform, Daily Broadcasts, User Content, hours of availability, exclusive offers, mobile applications, Dough merchandise, quote data, market alerts and equipment needed for access or use. We may stop providing any part or parts of the content or information or category or type of information at any time. We may change or eliminate any transmission method and may change transmission speeds or other technical characteristics of the Site. You agree that we will not be liable to you or to any third-party for any modification, suspension or a discontinuance of the Site or any portion thereof.

Becoming a Dough User

Eligibility

You must be at least 18 years old to be eligible to use the Site and become a User. However, if you are at least 13 years old and younger than 18, you may use the Site in conjunction with your parent or guardian who agrees to be bound by this Agreement. No one under age 13 may use Dough.

You must be at least 18 years of age to legally open a brokerage account with our preferred broker, TD Ameritrade, and use the Dough Platform to place and track real-time trades.

We are owned and operated within the United States. Dough is intended for use only by persons residing in the United States. If you choose to access Dough from any location other than the United States, you are fully responsible for compliance with the laws of the jurisdiction from where you access this Site. We make no representations that the Site or the content available through the Site is appropriate or permitted for use outside the United States. You may not use this Site from any jurisdiction where access and/or use of this Site is prohibited or violates any laws.

Personal Information

To become a User, we may ask you to provide certain personally identifiable information including a username and a valid e-mail address. We will also assign to you a User number or other unique identifier. Becoming a Dough User is voluntary and provides you with access to the Site, which includes exclusive emails and offerings. We have the right to suspend or terminate your access to Dough as a User and refuse any and all current or future use of the Site (or any portion thereof) by you, if we have a reasonable basis to believe that such information is untrue, inaccurate, or incomplete.

Username and Password

To become a User, you will need a username, a valid email address and a password, which you will choose as part of our registration process. We reserve the right to reject or terminate the use of any username that we deem offensive or inappropriate.

Dough allows you to access your TD Ameritrade brokerage account via an application programming interface (“API”) that connects directly with your Internet browser. Your brokerage account number and brokerage login credentials are not accessed by Dough or stored on Dough servers.

Email, Mobile Phone Numbers and Opt-Out Choices

By providing us with your email address or mobile phone number, you consent to our using these contacts to send you required notices related to our services instead of using the United States postal services. You may not opt out of service notices because they are required by law. We may also send you other messages, including but not limited to news about our content or contests, new features, changes to existing features, and other information about Dough. You may opt out of such emails and mobile text messages by contacting Dough customer service at 1-855-468-2789, 8am-5pm CT Monday through Friday, or by emailing support@dough.com 24 hours a day, 7days a week.

Protecting Your Confidential Information

You are responsible for protecting the confidentiality of any User identification numbers, passwords or codes that we give you in connection with your use of the Site. You are responsible for protecting the confidentiality of your brokerage account number, username and password. You agree to notify us immediately in the event of any unauthorized use of your User identification numbers, passwords, codes, brokerage account information, or any other breach of security by calling Dough customer service at 1-855-468-2789, 8am-5pm CT Monday through Friday or email support@dough.com 24 hours a day, 7 days a week.

We will not be responsible for any losses you incur from the unauthorized use of your User Identification numbers, passwords, codes or brokerage account information. You agree to defend, indemnify and hold us harmless from any unauthorized or illegal uses of such information.

You acknowledge that, although the Internet can be a secure environment, interruptions in service or events may occur that are beyond our control. We shall not be responsible for any data lost while transmitting information on the Internet.

When logged in to the Site, certain information may be stored by the Dough servers, including your personal viewing preferences for the Site, your order history for trades placed via the Site, your stock watch list, and personal notes you keep in your journal. The User may elect to disable these features in the Settings menu under preferences.

Telephone Monitoring/Recording

From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.

Payment for Services

There is no cost to becoming a User. You do not have to pay for use of the Site, which includes the Software, the Platform, the Content, Trading Tools, Investor Education and Entertainment. However, Dough reserves the right to sell certain products and services on the Site, specifically but not limited to Bob The Trader and Dough merchandise – see “Applications and Additional Services” below.

While we currently operate using a zero-fee subscription model, we reserve the right to implement a User fee for our products and services in the future, and/or to change the price of a specific feature on the Site, such as the ability to follow our Personalities. In such an event, the User will be given prior notice and will be asked to confirm acceptance of the charges if they wish to continue uninterrupted access. No fees will be applied retroactively.

Participation and Use of Products and Services

Viewing Content

Viewing Content requires compatible devices, Internet access, and certain software (fees may apply). It may require periodic updates and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. The latest version of the required software is recommended to access Content and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility.

Content Availability

Dough reserves the right to change Content options (including eligibility for particular features) without notice.

Use of Content

You agree that the Site and certain Dough products include security technology that limits your use of Content and that, whether or not Content is limited by security technology, you shall use Content in compliance with the applicable usage rules below established by Dough (“Usage Rules”), and that any other use of the Content may constitute a copyright infringement. Dough reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason, or to attempt or assist another person to do so. You agree not to access the Content by any means other than through the Site, provided at www.dough.com. You shall not access or attempt to access a login that you are not authorized to access.

Usage Rules

You shall be authorized to use Content only for personal, noncommercial use.

You will be able to access Content on any computer, device, or mobile device that permits you to successfully enter your login and verify your registration status.

You shall not be entitled to burn any Content.

You must be connected to the Site, provided at www.dough.com, when viewing Content and you may do so on your computer, devices, or mobile devices.

You acknowledge that if Dough changes any part of or discontinues the Content or any existing features, which it may do at its election, you may not be able to use the Content or the features and services to the same extent as prior to such change or discontinuation, and that Dough shall have no liability to you in such case.

Trading

While some games, instructional videos, quizzes, simulators and exercises may exist on the Site and interacting with them may not result in real trades, unless specifically stated otherwise, you should assume that Dough is NOT a virtual, simulated environment, or what is sometimes referred to as “paper trading.” Dough is a live trading platform and the trades placed using it are real. The risk of loss in trading securities, including options and equities, is substantial. There is a risk of loss in all trading and investment strategies that are presented on Dough and that are represented by the Personalities’ trades.

Any trades you place are YOUR trades. While Dough gives you access to original live and pre-recorded financial Content provided by Dough TV and the tastytrade network, Dough does not warrant the accuracy of any comments or information and you should not solely rely on it when making personal investment decisions. By electing to watch one or more of the Personalities who have various levels of experience investing in the financial markets, you can see the trades they make throughout the trading day and learn investment strategies that focus on probability of profit and return on capital. However, none of the Personalities or Dough guarantees any particular results or profits from the trades or is responsible for any losses you may incur. The trades of each Personality represent the opinions solely of that Personality and do not reflect the opinions of Dough or its affiliated companies. The Personalities’ opinions on the market and on specific securities and trading strategies are subject to change without notice. Dough does not warrant the accuracy of any comments or information disseminated by the Personalities. Dough does not compensate the Personalities based on the profitability of their trades. Trades placed and opinions expressed by the Personalities or as part of the Content are not intended to influence you to make a particular trade or follow any specific investment advice, but rather they are being disclosed to you to give you insight as to the various types of trades and investment strategies that exist in today’s financial markets.

When trading options, you may lose more than your initial investment. Trading options is not suitable for all investors.

The Personalities’ trades and trades discussed as part of the Content might not be suitable for you and do not take into account your particular financial situation or your investment objectives. None of the trades on Dough are being recommended to you. The trades are for informational purposes. Before engaging in any trading based on any information you receive from the Personalities or Content featured on Dough, you should determine whether the trades are suitable for your circumstances.

None of Dough, any Personality, or any of Dough’s officers, employees, representatives, agents or independent contractors is, in such capacities, registered investment advisers, licensed financial advisors, or registered broker-dealers. They do not provide investment or financial advice and they do not make investment recommendations. The Personalities’ trades do not constitute solicitations, recommendations, promotions, endorsements or offers by the Personalities’ or Dough.

Click here to download the Options Disclosure document:

http://www.optionsclearing.com/components/docs/riskstoc.pdf

If you cannot access the hyperlink, please copy and paste the following link into a new browser window to read this important information: http://www.optionsclearing.com/about/publications/character-risks.jsp

If you have a TD Ameritrade account, you can also access the Options Disclosure Document by navigating to www.tdameritrade.com and logging into your account, clicking on ‘Trade’, followed by ‘Options’, then selecting the link to “Characteristics and Risks of Standardized Options.”

You release us from all liabilities and claims of loss resulting from any error in quote and trade data and market alerts.

Call-Ins

When you voluntarily call-in to speak with any employee or representative of Dough, topics of conversation may include stock market technical analysis and trading techniques and strategies designed to minimize risk and enhance profitability, so that you may gain the skills and confidence to start managing your own investments. By speaking with such an employee or representative, you acknowledge that they are not in the business of transacting trades, that he or she is not a registered investment advisor or broker-dealer and does not provide financial advice or make investment recommendations. Nothing contained in the call-in service constitutes a solicitation, recommendation, promotion, or endorsement of any particular security, other investment product, transaction or investment. You acknowledge and agree that you are assuming the entire risk of any and all trades you place in the stock market. You agree, at all times, to indemnify, defend and hold Dough, its employees, representatives and affiliates harmless from and against any and all claims, actions, demands, suits, losses, and costs (including attorneys’ fees) resulting from trades you place in the market.

Applications & Additional Services

From time to time, Dough may choose to offer additional products and services to Users or to the general public through the Site, via a link to the tastytrade Web Site at www.tastytrade.com, via an alternate Web Site owned and operated by Dough, via email, or through an approved third party, including but not limited to the Apple iTunes Store and/or the Google Play Store. We may add additional products and services that may involve additional fees. If we add additional services, we will describe those services and the related charges and fees on the Site.

Bob The Trader

Bob The Trader is a mobile and desktop application that can be downloaded for free to any iOS, Android, or Kindle Fire device and installed to most desktops. The application can also be accessed on “dough”, a software application and trading platform. The application allows you free access to watch the live stream from https://www.tastytrade.com. By purchasing a subscription, available in either a Premium 7-day, Premium 30-day, IRA 30-day, Premium annual, or IRA annual pass, you receive real-time stock, option and futures trades placed by tastytrade Traders from Margin and Retirement accounts.

Payment Process and Automatic Renewal

By becoming a Bob The Trader (“BTT”) subscriber, you acknowledge and agree to pay to us a subscription fee that will be charged to you in any of the following ways: (i) a premium weekly subscription fee of $29.99, plus any applicable taxes, (ii) a premium monthly subscription fee of $99.99, plus any applicable taxes, (iii) a premium annual subscription fee of $899.99, plus any applicable taxes, (iv) an IRA monthly subscription fee of $9.99, plus any applicable taxes, or (v) an IRA annual subscription fee of $99.99, plus any applicable taxes. From time to time, tastytrade may offer a promotion for a discounted subscription fee. The discounted subscription fee promotion is for one period only, unless otherwise stated in the promotion offer details.  You can cancel your subscription at any time (see details on cancellation below).

Your purchase of a BTT subscription will be processed by one of the third-party processors with whom we have contracted.  You will be required to represent to that third-party processor that you have the legal right to use the payment method you provide to such third-party processor (the "Payment Method").

If you choose the recurring billing option, we will bill your Payment Method the BTT subscription fee at the beginning of your BTT subscription (the “Initial Subscription Date”) and automatically at each subsequent anniversary date following the Initial Subscription Date on the calendar day corresponding to your Initial Subscription Date. In the event a monthly subscription begins on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you became a paying subscriber on January 31, your Payment Method for the next month would be billed on February 28. We will give all notices of renewal as required by law. You must cancel your subscription before it renews for either the week period or one-month period, as applicable, in order to avoid automatic billing of the next one week or one month period’s subscription fees to your Payment Method.

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND WE WILL AUTOMATICALLY BILL YOU FOR THE RENEWAL UNLESS YOU CANCEL YOUR SUBSCRIPTION. WE WILL BILL YOU FOR RENEWALS USING THE PAYMENT OPTION YOU SELECTED AND AUTHORIZED AT THE TIME OF YOUR INITIAL SUBSCRIPTION PURCHASE, UNLESS YOU NOTIFY US AT LEAST THREE (3) BUSINESS DAYS PRIOR TO YOUR RENEWAL. SEE DETAILS ON CANCELLATION BELOW.

If you want to use a different Payment Method or if there is a change in your credit card, debit card or bank account and it is no longer valid or expires, you may edit your Payment Method information online on you’re my Stuff page, or by calling tastytrade Customer Service at 1-855-GO-TASTY or by e-mailing support@tastytrade.com and will direct you on how to do so via your My Stuff page. If the card or account that you used as a Payment Method has expired, your continued use of the service constitutes your authorization for us to continue billing that Payment Method, which would be your renewed credit card or debit card and you remain responsible for any uncollected amounts. If a charge to your credit card, debit card or other Payment Method is declined for any reason, we shall have the right to terminate or suspend your access to BTT. We rely on our third-party payment processors to notify you when your credit card or other payment option has been declined.

Cancellations and Refunds

If you purchased your BTT subscription through the Site, you may cancel your BTT subscription at any time by calling tastytrade Customer Service at 1-855-468-2789, 8am-5pm CT Monday through Friday or by emailing support@tastytrade.com 24 hours a day, 7 days a week. Cancellation of your subscription will be effective within three (3) business days of cancellation. You will receive a refund of a pro-rated amount of your BTT subscription fee based on the number of full days remaining on your BTT subscription as of the date of cancellation. For example, if you purchased a monthly subscription on September 15, 2014 and you cancel that subscription on September 30, 2013, your refund will equal your subscription fee covering the period from October 1, 2013 to October 15, 2014. For individuals who received a promotional item as part of their subscription, tastytrade will issue a refund for the pro-rated purchase price of the subscription less the total promotional item value received, including taxes, shipping and handling. We do not issue pro-rated refunds for credit card processing fees paid in addition to the subscription purchase price.

If you purchased your BTT subscription through the Apple iTunes or Google Play Store, you must contact their customer service regarding a refund.

We reserve the right to discontinue the BTT subscription services, including the real-time trade notifications and any services provided through the application at any time and to cancel your subscription in connection with such discontinuation, with a pro-rated refund.

Changes to Our Subscription Payment, Billing and Cancellation Policies

We will e-mail Users to notify them of any changes to our BTT subscription payment, billing and cancellation policies. You will be given an opportunity to cancel your subscription before any changes become effective.

Payments and Refunds For Price Changes

The full price of the BTT subscription is charged upon purchase.

Prices of BTT subscriptions may change at any time, and neither Dough nor tastytrade provides price protection or refunds in the event of a price reduction or promotional offering.

If a subscription becomes unavailable following a transaction but prior to access, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your subscription, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by tastytrade.

In purchasing a BTT subscription you need to give us and our third-party payment processors certain personally identifiable information. Our Privacy Policy (go to: www.dough.com/legal-stuff tells you what we do with your personally identifiable information.

Trades

BTT gives subscribers the ability to see trades made during a trading day by Tom Sosnoff, Tom’s Team and possibly other tastytrade show hosts (each a “Trader”). The trades of each Trader represent the opinions of solely that Trader as expressed on the applicable tastytrade show and in the Trader’s trades. Any such opinion may have been expressed by the Trader previously. The trades do not reflect the opinions of tastytrade, dough, Inc. or its affiliated companies. The opinions expressed by the Traders are not intended to influence you to make a particular trade or follow any specific trading strategy. The trades are being disclosed to you for informational purposes to give you a different view of the types of trades that are discussed by the Traders on their tastytrade and dough shows. tastytrade and dough, Inc. do not warrant the accuracy of any comments or information disseminated by the Traders on their shows and you should not rely on such information and the related trades. The Traders’ opinions on the market and on specific securities and trading strategies are subject to change without notice. Tastytrade and dough, Inc. do not compensate the Traders based on the profitability of their trades.

None of the Traders, tastytrade, or dough, Inc. guarantees any particular results or profits from the trades. The risk of loss in trading securities, including options and equities, is substantial. There is a risk of loss in all trading and investment strategies that are discussed on tastytrade and dough and that are represented by the Traders’ trades. When trading options, you may lose more than your initial investment. Options trading is not suitable for all investors. Click here to see the Options Disclosure document: Characteristics and Risks of Standardized Options. The trades may not be suitable for you and do not take into account your particular financial situation or your investment objectives. None of the trades are being recommended to you. The trades are for informational purposes. Before engaging in any trading based on any information you receive from the Traders, tastytrade, or dough, Inc., you should determine whether the trades are suitable for your circumstances. If you are unsure about how trades you may make will affect your overall financial portfolio or the level of risk that is involved, you may want to consult with your financial adviser prior to making those trades.

Gifts

BTT subscriptions purchased as gifts can be gifted to and redeemed by only one other person. All recipients must register via the Dough website in order to set up their login credentials, which will permit them to utilize the BTT subscription via their authorized login.

Intellectual Property

BTT and all the content and materials available on BTT are the property of tastytrade, dough, Inc. and/or our affiliates or licensors, and are protected by copyright, trademark, international treaties and other intellectual property laws. BTT is provided solely for your personal non-commercial use. We are granting to you a personal, non-transferable, limited, revocable license to use BTT, subject to these Terms and Conditions. Because the right to use BTT is personal to you, you may not transfer that right to any other person or entity. Unless explicitly authorized in these Terms and Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, port, sell, transfer, sublease, broadcast, publicly perform or display, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from BTT without our written consent. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, OR OTHERWISE MODIFYING OF BTT OR ANY OF THE SITES HYPERLINKED TO BTT WITHOUT THE EXPRESS WRITTEN PERMISSION OF TASTYTRADE IS STRICTLY PROHIBITED. In addition, you may not decompile, reverse engineer, disassemble or reduce any portion of BTT to a human-readable form. You may, however, from time to time, download and/or print one copy of individual pages of BTT for your personal, non-commercial use. If you do so, you must retain all copyright and other proprietary notices on such materials. By downloading and/or printing such materials, you do not acquire any ownership rights to them. You acknowledge and agree that you are solely responsible for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other liability resulting from your improper use of BTT.

Bob The Trader Disclaimer

Bob the Trader gives subscribers the ability to see trades made during a trading day by Tom Sosnoff, Tom’s Team and possibly other tastytrade and dough show hosts (each a “Trader”). The trades of each Trader represent the opinions of solely that Trader as expressed on the applicable tastytrade and/or dough show and in the Trader’s trades. Any such opinion may have been expressed by the Trader previously. The trades do not reflect the opinions of tastytrade, dough, Inc., or its affiliated companies. The opinions expressed by the Traders are not intended to influence you to make a particular trade or follow any specific trading strategy. The trades are being disclosed to you for informational purposes to give you a different view of the types of trades that are discussed by the Traders on their tastytrade and dough shows. tastytrade and dough, Inc. do not warrant the accuracy of any comments or information disseminated by the Traders on their shows and you should not rely on such information and the related trades. The Traders’ opinions on the market and on specific securities and trading strategies are subject to change without notice. tastytrade and dough, Inc. do not compensate the Traders based on the profitability of their trades.

None of the Traders, tastytrade, or dough, Inc. guarantees any particular results or profits from the trades. The risk of loss in trading securities, including options and equities, is substantial. There is a risk of loss in all trading and investment strategies that are discussed on tastytrade and dough and that are represented by the Traders’ trades. When trading options, you may lose more than your initial investment. Options trading is not suitable for all investors. Click here to see the Options Disclosure document: < http://www.optionsclearing.com/components/docs/riskstoc.pdf>Characteristics and Risks of Standardized Options.

The trades may not be suitable for you and do not take into account your particular financial situation or your investment objectives. None of the trades are being recommended to you. The trades are for informational purposes. Before engaging in any trading based on any information you receive from the Traders, tastytrade, or dough, Inc., you should determine whether the trades are suitable for your circumstances. If you are unsure about how trades you may make will affect your overall financial portfolio or the level of risk that is involved, you may want to consult with your financial advisor prior to making those trades. 

None of tastytrade, dough, or any Trader, nor any of dough, Inc.’s officers, employees, representatives, agents or independent contractors are, in such capacities, registered investment advisors, or registered broker-dealers. None of tastytrade, dough, or any Trader, nor any of dough, Inc.’s officers, employees, representatives, agents or independent contractors are, in such capacities, provide investment or financial advice or make investment recommendations, nor is in the business of transacting trades. The Traders’ trades do not constitute solicitations, recommendations, promotions, endorsements or offers by the Traders, tastytrade, or dough, Inc..

All tastytrade and dough, Inc. rights are reserved. Our content is protected by copyright, trademark, patent, trade secret, and other laws. Terms and Conditions apply. tastytrade and dough, Inc. own and retain all rights in its content. tastytrade and dough, Inc. hereby grant you a limited, revocable, non-sublicensable license to access and display the information conveyed to you by Bob The Trader solely for your personal, non-commercial use in connection with viewing the trades and using the Bob The Trader information. Reproduction, adaption, distribution, public display, exhibition for profit, or storage in any electronic storage media in whole or in part of any of the information disclosed to you by Bob The Trader is strictly prohibited by law.

Your consent is required for push notifications to be activated. You can manage push notifications directly on the app, and in the Settings of your iOS, Android, Kindle device. Each unique active subscription is permitted a maximum of three (3) simultaneous logins on three (3) different devices that support Bob The Trader.

Third-Party Materials

Certain content, products, and services available via the Site may include materials from third parties. Dough may provide links to third-party websites as a convenience to you. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, we do not operate or control in any respect any information, products or services that third parties may provide on Dough or on websites linked to by us on Dough. We are responsible for the content, accuracy or opinions expressed in such third-party websites. We do not investigate, monitor or check for accuracy, reliability or completeness such third-party websites. Unless we have given you written approval, you may not provide a hyperlink to Dough and we may revoke any consent we given to hyperlink to our Dough at anytime. You agree that you will not use any third-party material in a manner that would infringe or violate the rights of any other party and that Dough is not in any way responsible for any such use by you.

Objectionable Material

You understand that by using the Site, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use of the Site at your sole risk and Dough shall have no liability to you for material that may be found to be offensive, indecent or objectionable. Content, all Dough produced material and products and services that are provided via the Site, email or any other distribution channel is provided for convenience, and you agree that Dough does not guarantee complete accuracy.

Intellectual Property

Copyrights, Trademarks and Patents

All Dough rights are reserved.  Copyright, trademark, patent, trade secret and other laws protect our name, logo, Content, materials, platform, software and code. Dough owns and retains all rights to anything on the Site. Dough hereby grants you a limited, revocable, non-transferable license to access and display the information conveyed to you by Dough solely for your personal, non-commercial use. Reproduction, adaptation, distribution, public display, exhibition for profit, or storage in any electronic storage media in whole or in part of any of the information disclosed to you by Dough is strictly prohibited by law. Unless explicitly authorized in these Terms of Use or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, port, sell, transfer, sublease, broadcast, publicly perform or display, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site without Dough’s written consent. In addition, you may not decompile, reverse engineer, disassemble or reduce any portion of the Site to a human-readable form. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use. If you do so, you must retain all copyright and other proprietary notices on such materials. By downloading and/or printing such materials, you do not acquire any ownership rights to them. You acknowledge and agree that you are solely responsible for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other liability resulting from your improper use of this Site.

Content You Provide to Us

This Site may include a variety of features that allow you to give feedback to us and to submit materials to us. Dough also may include other features that allow you to communicate with third parties. By accessing and using any such features, you represent and agree: (i) that you are the sole owner of any material you submit, or are making your submission with the express consent of the owner(s) of the material; (ii) that you are 13 years of age or older; (iii) that the materials will not violate the rights of, or cause injury to, any person or entity; and (iv) that you will defend, indemnify and hold us harmless from and against any liability of any nature arising out of or related to any content or materials submitted to the Site by you or by others using your username and password. You also grant us a license to use the materials you submit via such features.

We have the right, but not the obligation, to monitor the content of the Site and any sites that are hyperlinked to the Dough application at all times, including any social networking features, chat rooms and other similar mediums that may hereinafter be included as part of Dough, to determine compliance with these Terms of Use, any other applicable user rules, and any applicable laws, regulations or authorized government or self regulatory requests. We reserve the right at all times, in our sole discretion, to screen content submitted by Users and to edit, move, delete, and/or refuse to accept any content that we believe in our sole discretion violates these Terms of Use or is otherwise unacceptable or inappropriate, for any reason. We may reject any content or any materials or content you submit in our sole discretion. You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of Dough, other users, and/or the public in general.

When you submit any material (including any photos, recordings or videos) to Dough, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non- exclusive, unrestricted, worldwide license to use, reproduce, publish, copy, modify, transmit, edit, sell, port, broadcast, sublicense, transfer, assign, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any form, manner or medium (whether now known or hereafter developed), for any purpose that we choose without territorial or time limitations, and to sublicense such rights through multiple tiers of sub-licensees. The foregoing license grant includes the right to exploit any proprietary rights in the materials you submit, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your submissions by name, e-mail address or screen name, as we deem appropriate. You understand that the technical processing and transmission of the Site, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials submitted by you.  By submitting material to Dough, you have agreed to grant us the rights described herein or the owner(s) of such material has agreed to grant to us the rights described above.  You agree that the rights granted herein also apply to our parent, subsidiary corporations and our affiliates.

Restrictions on Your Conduct

Your use of Dough and/or the sites that are hyperlinked to Dough must comply with these Terms of Use. Your use of the Dough Site and the sites hyperlinked to Dough must be limited to lawful non-commercial activities. You may not access or use Dough or otherwise engage in conduct that violates or infringes in any way upon the rights of others that is threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable. You may not use someone else’s image or personal information without such person’s express authorization, and you may not impersonate any party related to Dough or any third- party on the Site. You may not access or use Dough in a manner that constitutes a criminal offense or encourages such conduct, gives rise to civil liability or otherwise violates any law or encourages such conduct. You may not access or use Dough to advertise or solicit products or services.

You may not use any unauthorized means to access Dough’s Site. You may not access Dough’s Site with any automated system, including “robots,” “spiders,” or “offline readers.”  You may not introduce or attempt to introduce viruses or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any equipment, including telecommunications equipment. You may not attempt to gain unauthorized access to our computer network or our registration or Dough Users’ information. You may not engage in conduct designed to damage, disable, overburden or impair our systems.

You are prohibited from engaging in any conduct with respect to Dough that we, in our sole discretion, believe restricts or inhibits any other person or entity from using or enjoying Dough in its entirety and/or any of the sites hyperlinked to Dough.

Linking and Framing

You may not establish a hypertext link or inline link to Dough or any of the content on Dough, if such link could result in the use of Dough’s Site in a manner prohibited by these Terms of Use. You may not, without our prior written permission, frame or imbed any of the Content of Dough, or incorporate into another website or other service any of our material, content or other intellectual property.

The provisions above apply to and are for the benefit of us, our affiliates and our licensors.

Equipment – Access Costs

You are and shall remain responsible for obtaining and maintaining all internet connections, computer hardware and other equipment needed for access to and use of Dough and all charges related thereto whether you access Dough’s Site, the Software, or the Platform through broadband, wifi, wireless or any other type of connection. You should check with your phone company, wireless carrier or other communication services provider to determine what changes will apply. You are responsible for all costs of access. You are and shall remain responsible for all costs of maintaining, repairing and operating your equipment. We are not and shall not be liable for any damages to your equipment resulting from the use of Dough and its features.

Notice of Infringement

If you are a trademark, patent or copyright (“Intellectual Property”) owner who believes your material has been reproduced, posted or distributed via Dough in a manner that constitutes infringement, please inform our designated agent by sending written notice by U.S. Mail to Dough, Inc., 19 N. Sangamon Street, Chicago, Illinois 60607, Attn: Legal Department. Please include the following information in your written notice: (1) a detailed description of the work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your name, address, telephone number and e-mail address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the Intellectual Property owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the Intellectual Property owner's behalf; and (6) an electronic or physical signature of the Intellectual Property owner or someone authorized on the owner's behalf to assert infringement and to submit the statement regarding alleged infringement. Please note that the contact information provided in this paragraph is for suspected infringement only. Contact information for other matters is provided elsewhere in these Terms of Use or on Dough.

Disclaimers

None of Dough or any of its officers, directors, employees, other personnel, representatives, agents or independent contractors is, in such capacities, a licensed financial advisor, a registered investment adviser or a registered broker/dealer. None of Dough or its personnel solicits transactions in securities or other financial products, gives investment or financial advice or makes investment or trade recommendations. None of Dough or any of its officers, directors, employees, other personnel, representatives, agents or independent contractors recommends trades or transactions in securities, commodities, futures, forex or other financial instruments.   Nor are any of them in the business of effecting trades or directing client futures accounts or giving futures trading advice tailored to any particular client's situation.

None of the Content accessible through Dough constitutes a solicitation, recommendation, promotion, endorsement or offer by or others described above, of any particular security, other investment product, transaction or investment.

Our Content is intended to provide you with information and educational material as well as entertainment. Although we believe our Content consists solely of educational and informational material, some of our Content may be deemed to be impersonal investment-related information. However, none of the information we give is tailored to your investment needs or the investment needs of any person. This information is based on our review of current opinions and viewpoints in the marketplace and statistical and financial data and independent research we obtain from others. Investment-related information we provide is for educational and informational purposes only, and no trade ideas or other references we make to a particular security is a recommendation to buy, sell, or hold that or any other security, any portfolio of securities, or to affect any transaction or investment strategy.

We permit you to see the types of trades that some of our employees and contractors have made to give you the opportunity to visualize the strategies and types of trades we discuss, analyze and review in our Content.  We are not showing you these trades to influence you to make the same or a similar trade or to follow any particular trading strategy. The trades of our employees and contractors have been made by these individuals for their own accounts and are not being recommended to you. These trades may not be suitable for you given your financial situation or your investment objectives. The trades are for informational and educational purposes only. Before engaging in any trading based on any information you receive from our employees and contractors, you should determine whether the trades are suitable for your circumstances. If you are unsure about how trades you may make will affect your overall financial portfolio or the level of risk that is involved, you may want to consult a financial advisor prior to making those trades. The market views of our employees and contractors are their own opinions only and are subject to change at any time.

 

We do not guarantee that following any of the information we provide would result in profitable investment activities. The risk of loss in trading securities, including options and equities, is substantial. There is a risk of loss in the trading and investment strategies that are discussed on Dough and that are represented by the trades of our employees and contractors When trading options, you may lose more than your initial investment. Options are not suitable for all investors as the special risks inherent to options trading may expose investors to potentially rapid and substantial losses. Click here to see the Options Disclosure:

http://www.optionsclearing.com/components/docs/riskstoc.pdf

The projections or other information generated by Dough regarding the probability of various investment outcomes are hypothetical in nature, do not reflect actual investment results, and are not guarantees of future results. Results may vary based on numerous different factors and over time. We do not warrant or guarantee the accurateness, completeness or adequacy of the information we provide, the information included on Dough’s Site or the information contained on sites linked to Dough. Your use of information on Dough or materials linked to Dough is entirely at your own risk. You agree that any trades or other transactions you make through the Dough application are for your own account and at your own risk.  You must be 18 years of age to open a brokerage account and make trades.

Children

We do not knowingly solicit or collect information from persons under the age of 18. We do not have a mechanism for determining the age of the visitors to our site.

Disclaimer regarding Alex:

Alex is a beginner trader. Alex became interested in trading at the age of nine. Because Alex is thirteen years old, he is a minor and cannot open his own brokerage account or place trades himself. You must be at least 18 years old to open a brokerage account and make trades. Although the trades you see represent Alex's ideas and opinions about the market, all of the trades were made by Alex's father in his father's self-funded brokerage account. Alex's father is not obligated to implement all of Alex's trade ideas. 

Our Ownership of Securities

Employees, contractors, owners and others connected with our business may own positions in the equities, options, securities and/or futures or forex positions mentioned on the Site.

No Legal or Tax Advice

Information provided by Dough, whether broadcast or written, is not intended and does not constitute tax, legal or investment advice or a recommendation. You should obtain such advice from your professional advisors.

Forward Looking Statements

Any press release, podcast, Internet broadcast, radio program pre-recorded or live or otherwise on Dough’s Site, may contain forward-looking statements. Such forward-looking statements may be identified by, among other things, the use of forward-looking terminology such as: “believes,” “expects,” “may,” “will,” “should,” “expects,” “anticipates,” “plans,” “intends,” “estimates,” or the negative thereof or other similar terms, or by language used in discussions, broadcasts or trade ideas that involve risks and uncertainties. There are a variety of risks and uncertainties that may cause actual results to differ from the forward-looking statements. We assume no obligation to update any forward-looking statements, whether as a result of new information, future events or otherwise, and such statements are current only as of the date they are made.

Limitations of Liability

You agree to hold us and our affiliates harmless from all information provided in any and all programming, prerecorded or live, and in any and all content and materials we provide.

YOU AGREE THAT USE OF THE DOUGH SITE, THE SOFTWARE, OR THE PLATFORM IS AT YOUR SOLE RISK.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH DOUGH ARE PROVIDED "AS IS," “AS AVAILABLE” AND WITH “ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU. WE DO NOT WARRANT THAT DOUGH OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF DOUGH AND ANY OTHER SERVICES OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES, INTERFERENCE, HACKING, OTHER SECURITY INTRUSIONS, DAMAGE, OR OTHER HARMFUL COMPONENTS. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER DEFECTS. WE AND OUR AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OR INABILITY TO USE DOUGH AND ANY OF THE AVAILABLE FEATURES OR ANY INFORMATION OR SERVICES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF DOUGH OR MATERIALS OR SERVICES ON THE DOUGH SITE, THE SOFTWARE, THE PLATFORM, OR DOUGH PERSONALITIES, INCLUDING OUR CONTENT AND ANY OTHER SERVICES, OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION, THE MAXIMUM AGGREGATE LIABILITY OF DOUGH, ITS DIRECTORS, OFFICERS, MANAGERS, USERS, PARTNERS, EMPLOYEES, SHAREHOLDERS, CONTRACTORS, AGENTS, REPRESENTATIVES, LICENSORS AND/OR AFFILIATES ARISING IN CONNECTION WITH THESE TERMS OF USE AND YOUR USE OF DOUGH, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU HAVE PAID TO US FOR A SINGLE PRODUCT OR SERVICE.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR OUR AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND OR NATURE WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR OTHERWISE (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE) WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHER CLAIM) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, DOUGH, THIS SITE OR THE STORE INCLUDING ITS ASSOCIATED CONTENT, MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS SITE OR THE STORE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. THE DISCLAIMER AND LIMITATION OF LIABILITY AND DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL TO THE BASIS OF THE ARRANGEMENT BETWEEN DOUGH AND YOU. THE DOUGH SITE, THE SOFTWARE, THE PLATFORM, DOUGH PERSONALITIES OR OUR CONTENT WOULD NOT BE AVAILABLE TO YOU WITHOUT SUCH DISCLAIMERS AND LIMITATION OF LIABILITY AND DAMAGES.  (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAWS.) WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN ANY MATERIALS ON OR RELATED TO DOUGH. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, HARASSING, INFRINGING OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH DOUGH, THE SOFTWARE, THE PLATFORM, OR ANY CONTENT, MATERIALS, PRODUCTS, OR SERVICES ON DOUGH, OR WITH ANY OF DOUGH’S TERMS AND CONDITIONS, THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU IS TO STOP USING DOUGH IN ITS ENTIREITY.

WE ARE NOT RESPONSIBLE FOR ANY DAMAGES, INJURIES, EXPENSES OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OF DOUGH’S SITE, SOFTWARE, OR PLATFORM, OR OUR CONTENT.

In connection with the releases contained in our Terms of Use, you hereby waive California Civil Code Section 1542 (and any similar application provision under any other state law) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Indemnification

You agree to defend, indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, managers, users, partners, employees, shareholders, contractors, agents, representatives and licensors, from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, that arise out of or are related to your use of Dough in violation of these Terms of Use by you or any other person using your account, or your violation of any rights of any other person. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.

Suspensions and Termination of Access and Subscription

You agree that, in our sole discretion, we may suspend or terminate your Dough User access, your password, other identification numbers, (or any part thereof) or use of the Site, or any part of the Site, and remove and dispose of any materials that you submit to the Site, at any time, for any reason, without notice. You agree that we will not be liable to you or any third-party for any suspension or termination of your password or other identification numbers, or use of the Site or any removal of any materials that you have submitted to Dough. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

Arbitration and Class Action Waiver

Scope

All disputes, controversies, causes of action (in tort, contract, by statute or otherwise) (“Disputes”), including, without limitation, Disputes arising from or relating to this Arbitration Provision (including the interpretation, breach, termination and invalidity thereof) or the relationship that results from this Agreement shall be resolved by binding arbitration by a single independent and impartial arbitrator under the applicable Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (“AAA”) (http://www.adr.org/, 1-800-778-7879).

Arbitration replaces the right to go to court, and therefore the parties waive any right that you or Dough might otherwise have had to a jury trial or the opportunity to litigate any claims in court before either a judge or jury. Notwithstanding the foregoing, Dough reserves the right to pursue the protection of intellectual property rights and confidential information and to stop other illegal activities through injunctive relief or other equitable relief through the courts.

Venue:The exclusive venue for the arbitration shall be Chicago, Illinois. The parties will agree on a reasonable location, in the event that Chicago is an inconvenient forum. The parties will endeavor to minimize the need for long distance travel through use of telephonic communications and submission of documents as permitted under the applicable rules for Expedited Procedures. The official language of the arbitration shall be English.

Governing Law

This Agreement involves transactions between the parties in interstate commerce and shall be governed by the Federal Arbitration Act, 9 USC § 1-19. Judgment upon any interim or final award shall be entered and confirmed in any court or tribunal of competent jurisdiction. The substantive law of the State of Illinois (excluding its conflicts of law provisions) shall apply to all Disputes and the Agreement. If there is a difference between the Federal Arbitration Act and Illinois law, the Federal Arbitration Act controls.

Small Claims

Both parties retain the right to file any claim that is not aggregated with the claim of any other persons and whose amount in controversy is properly within the jurisdiction of a court, which is limited to adjudicated small claims.

Class and Consolidated Claims Waiver

It is agreed that neither party shall have the right to participate as a class representative or class member with respect to any Disputes subject to arbitration under this Agreement or any Dispute between the parties. The parties also waive any right to assert consolidated claims with respect to any Disputes subject to arbitration under this Agreement or any Dispute between the parties.

Limit of Liability

Liability for both parties is limited $1,000 in damages, except as otherwise limited by this Agreement. Parties waive and the Arbitrator shall not be empowered to grant indirect, consequential, special, punitive or exemplary damages and/or damages or relief in excess of those permitted by this Agreement unless the statute under which they are suing provides otherwise. An arbitration award rendered by the arbitrator may be entered in any court having jurisdiction for the purposes of enforcement.

Notice of Claims, Timing of Disputes and Nature of Award

All Disputes shall be filed within one (1) year of the date the Disputes arose or occurred. The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to the Disputes. Arbitration shall be commenced by filing a Claim pursuant to the applicable American Arbitration Association Rules. The arbitration shall be completed, barring extraordinary circumstances within ninety (90) days of the filing of the Claim. The parties may grant reasonable continuance upon good cause shown. The Award shall be reasoned and shall be rendered within thirty (30) days of closure of the arbitration proceedings.

Rules and forms may be obtained and Claims may be filed at American Arbitration Association, 1633 Broadway, Floor 10, New York, NY 10019-6708, (212) 716 – 5800, (800) 778 – 7879, www.adr.org.

Discovery and Hearing Procedures

All parties have the right, at their own expense, to be represented by an attorney or spokesperson of their own choosing. Discovery shall be expeditiously completed within three (3) months of the time the parties are at issue. Each party shall produce relevant non-privileged documents requested by the other party. Discovery procedures available in court actions do not apply. The arbitrator shall grant oral and/or written discovery to preserve evidence or upon a showing of need. All discovery disputes shall be promptly submitted to and promptly resolved by the arbitrator. The Parties may elect to use any of the Expedited Procedures of the Commercial Dispute Resolution Procedures or Supplementary Procedures for Consumer-Related Disputes of the AAA.

Emergency and Provisional Remedies

Any party may seek a preliminary injunction or other provisional, injunctive, emergency or equitable relief (but not monetary relief) in a court of competent jurisdiction if, in its sole judgment, such relief is necessary to preserve the status quo or to prevent irreparable harm. The parties shall, despite seeking relief under this section, participate in good faith in the arbitration.

Confidentiality

The arbitrator will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitration will not be confidential unless you request that it remain confidential.

Payment of Arbitration Fees and Costs

Irrespective of who prevails in arbitration, you will only be responsible for paying your share, if any, of the arbitration fees required by the applicable Code, which amount shall not exceed the filing fees you would have incurred if the Claim had been brought in the appropriate state or federal court closest to your residence. Dough will pay the remainder of any arbitration fees. At your written request, we will consider in good faith making a temporary advance of all or part of your share of the arbitration fees. Waivers also may be available from the AAA. The handling of fee arrangements and the payment of fees should be conducted by the Independent ADR Institution. If the arbitration is decided in your favor, you will not be required to reimburse Dough for any of the fees and costs it advanced. If the arbitration is decided in Dough’s favor, you shall reimburse Dough arbitration fees and costs, but only to the extent awardable in a judicial proceeding and permitted under the AAA Supplementary Procedures for Consumer-Related Disputes.

Survival and Severability

This Arbitration Provision shall survive termination or expiration of these Terms of Use, your registration, your Dough account, or the termination of Dough in its entirety or our operations, and any bankruptcy by you or us.  If any portion of this Arbitration Provision, except the “Class Action Waiver and Other Restrictions” provision above, is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this Arbitration Provision, these Terms of Use or any predecessor agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.  If the Class Action Waiver and Other Restrictions is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Dough shall be entitled to arbitrate their dispute.

Miscellaneous

This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, whether written or oral. If any provision of these Terms of Use is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining provisions of these Terms of Use shall remain in full force and effect.  These Terms of Use will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law.

This agreement is personal to you and you may not assign it to any other person. We may assign this agreement to a third-party at any time without notice to you. However, if we assign this agreement, the Terms of Use will remain substantially and materially the same, unless such Terms of Use are changed in the manner provided in their Terms of Use.

Neither our failure to exercise any of our rights under these Terms of Use nor our delay in enforcing or exercising any of our rights shall constitute a waiver of such rights. If we waive any right under these Terms of Use on one occasion, such waiver shall not operate as a waiver as to any other occasion.

Except as otherwise set forth in these Terms of Use, these Terms of Use are not intended to benefit any third-party, and do not create any third-party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Dough or these Terms of Use must be filed by you within one year after such claim or cause of action arose or be forever barred.

 

DOUGH PRIVACY POLICY

Last updated September 25, 2013

The Dough privacy policy (the “Privacy Policy”) is intended to inform you of our policies and practices regarding the collection, use and disclosure of any information you submit to us through Dough. By using our Web Site (the “Site”), our Software (the “Software”), or our Platform (the “Platform”) you agree that your use of our Site, Software, Platform and any dispute over our privacy issues will be governed by this Privacy Policy.

Dough, the provider of the Site www.dough.com, the Software, the Platform (referred to as “Dough,” “us” or “we”), is committed to protecting your privacy online. We recognize your need for appropriate protection and management of any information you share with us. As such, Dough respects the privacy of registered users (collectively referred to as "users"), particularly with regard to the storage, access, and use of personally identifiable data collected online. Secured information on dough.com will be maintained by Dough and, except as set forth herein, at no time will we permit anyone to access your confidential information.

Collection of Information

Dough.com collects data from users in the following ways:

  • During the process of registering to become a Dough User
  • When purchasing an application or Dough product or service
  • When speaking to a representative on the phone
  • When chatting to a representative on-line
  • When signing up for any of our sweepstakes, contests or other promotions
  • Referrals
  • In e-mails sent to/from Dough to/from users
  • Through automated means such as communications protocols and cookies

Personally Identifiable Information That You Provide

“Personally Identifiable Information or PII” is information that identifies a specific End User, such as your name, e-mail address, user identification number and other non-public information that is associated with you. Currently, we do not require you to provide Personally Identifiable Information in order to have access to the free content available on our Site. However, in order to provide you with some of the Dough services, you must elect to become a Dough User at zero cost. As a Dough User, you must create a profile and register a user name and valid email address. Providing your email address enables us to send you email notices about us, our programming, and our offers.

We use Personally Identifiable Information to provide additional content to you. We also use Personally Identifiable Information to administer contests, enhance the operation of the Site, improve our marketing and promotional efforts, analyze Site, Software, and Platform use, improve our offerings, and to tailor your experience with third parties. Such information may also be used to troubleshoot, resolve disputes, accomplish administrative tasks, contact you, enforce our agreements with you, including our Website Terms of Use and this Privacy Policy, comply with applicable law, and cooperate with law enforcement activities.

Non-Personally Identifiable Information

Also referred to as “Anonymous Information,” “Non-Personally Identifiable Information” is information that is not associated with or linked to Personally Identifiable Information and does not permit the identification of individual persons by itself. This type of information may include things like the Uniform Resource Locator (“URL”) of the page you visited before and/or after coming to our Site, the links you clicked on, the type of browser you are using and your Internet Protocol (“IP”) address. We, and/or our authorized third-party providers (“Third-Party Service Providers”), may automatically collect this information when you visit our Site, the Software, or the Platform and as you navigate through our Site, the Software, or the Platform through the use of electronic tools (see Information Collected Via Technology below). We use Non-Personally Identifiable Information to troubleshoot, administer the Site, the Software, or the Platform, analyze trends, and gather demographic information, measure traffic patterns and user interest on our Site, the Software, or the Platform, to improve the Site, the Software, or the Platform, comply with applicable law, and cooperate with law enforcement activities. We may also share this information with our authorized Third-Party Service Providers to measure the overall effectiveness of our online advertising, content, and distribution.

E-Mail and E-Mail Addresses

If you send an e-mail to us, we will collect your e-mail address and the full content of your e-mail, including attached files, and other information you provide. Additionally, we may use your email address to contact you for things such as notifications of limited offers and other related information if you have opted in to receive such notifications. You may indicate your preference to stop receiving further promotional communications at any time by choosing to opt-out. To do so you will need to unsubscribe when you receive a promotional e-mail or contact our customer service personnel at support@dough.com. Our Terms of Use govern your submission of materials to us.

https://www.dough.com/#/legal.

Information Collected Via Technology

Dough receives data from you as part of the standard communication connection. As you use dough.com, certain information may also be passively collected and stored on our or our service providers’ server logs. This information often consists of network routing (where you came from), equipment information (browser type and operating system), date and time. Dough will check requests you make to Dough services to see if there are any "cookies" accompanying those requests. Cookies are small pieces of information that a web site sends to your computer’s hard drive while you are viewing that website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience with Dough.

Dough uses cookies to collect information about users’ identities as they interact with the Site and to manage personalized settings on the Site. Cookies provide a convenience for users by creating a more streamlined login process, keeping track of transactions, and preserving order information between sessions. The information collected from cookies is used to improve the functionality of dough.com by avoiding duplicate data entry, facilitating navigation, increasing the relevance of content and enhancing security. Cookies on dough.com may collect the following information: a unique identifier, user preferences and profile information to personalize content, and Dough User information to access specific services on dough.com.

You can set your browser to alert you when a cookie is being used, the duration of the cookie, and to inform you of where your information is being returned. You then have the opportunity to accept or reject the cookie. Additionally, you may set your browser to refuse all cookies or accept only cookies returned to the originating servers. Persistent Cookies can be removed by following your Internet browser help file directions. Users may generally disable the cookie feature on their browser without affecting their ability to use dough.com, except in some cases where cookies are used as an essential feature to allow the successful completion of a transaction. However, disabling cookies may limit your use of many convenience features offered by dough.com.

We may use other industry standard technologies like pixel tags and web beacons to track your use of our Site pages and promotions, or we may allow our Third-Party Service Providers and/or Marketing Partners (entities associated with Dough that receive compensation for referrals on a per customer basis) to use these devices on our behalf. Pixel tags and web beacons are tiny graphic images placed on certain pages on our Website, or in our emails that allow us to measure and improve our understanding of visitor traffic and behavior on our Site, as well as give us a way to measure our promotions and performance. Pixel tags and web beacons are not used to access users’ Personally Identifiable Information; they are a technique we may use to compile aggregated statistics about Site usage. You may not decline pixel tags and web beacons, however, they can be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis.

How We Use Information

With your approval, we collect and use the information you provide us in the following ways:

  • To establish identity of the user. Contact information (PII) is collected at the user level during the process of registering.
  • To provide notice of our services and support. Contact information and customer age is collected. This information is used to provide Dough Users with free commentary and content, guest interview and scheduled events reminders, updates on the Site, the Software, or the Platform, and notices of changes in usage and other policies.
  • To better tailor our marketing to user needs. Information on dough.com use is analyzed to help us create website content and functionality that is relevant and user friendly in order to enhance the overall user experience.

We seek to have long-term relationships with our Dough Users. Thus, we do not wish to profit from the unwanted distribution of your private information or to inundate you with unnecessary e-mails or other material. You can unsubscribe from these e-mails at any time by going to http://www.dough.com to unsubscribe. This process usually completes within 72 hours but can take up to 10 days in rare situations. However, if you later register for dough.com again, your name will be removed from the Do Not Email list.

Data Protection and Privacy

Anytime you call Dough customer service, we may request that you provide identification information such as your home address, phone number, and zip code. We will use this data to facilitate and process refunds, to detect fraud and to comply with applicable laws and regulations.

Authorized Third-Party Service Providers

We provide services and products through third parties. These “Third-Party Service Providers” perform functions on our behalf, like sending out and distributing our administrative and promotional emails, administering contests, removing repetitive information on customer lists, analyzing data, providing marketing assistance, search results and links, operating the Website, troubleshooting, and providing customer service. We may share your Personally Identifiable Information with Service Providers to accomplish our administrative tasks. We require our Third-Party Service Providers to agree not to use your Personally Identifiable Information, except to the extent necessary to perform the services we have engaged them to perform. We may also collect personal information about you from individuals and companies (“Affiliates”) with whom we have business relationships.

Third-Party Payment Processors

Dough does not collect or store payment data. We utilize third-party payment processors. As users shop on our site, they click a button to pay using their bank account, credit card, debit card or PayPal account. In all cases, they are taken to a secure, third-party-hosted page. Payment information is protected during transmission from the user directly to the third-party payment processor by a Secure Sockets Layer (SSL) connection. Once stored, this information is protected through various security measures in place at the credit card processor’s data center. Third-party payment processors must annually attest to maintaining Payment Card Industry (“PCI”) Data Security Standard (“DSS”) compliance. This includes building and sustaining a secure network to protect payment card and cardholder information, encrypting data in transit, implementing strong access control measures and regularly monitoring and testing networks and technological elements such as firewalls to meet security requirements.

Security and Sharing of Information

We take security seriously and take numerous precautions to protect the security of Personally Identifiable Information. At any time, a user can edit his or her own personal information and view his or her own website activity on the user’s Dough profile/account page. You can access your Personally Identifiable Information on our Website through a password and your email address. This password is encrypted. We recommend that you do not share your password with anyone. In addition, your Personally Identifiable Information resides on a secure server that only selected personnel and contractors have access to. We encrypt certain sensitive information using Secure Socket Layer (SSL) technology while communicating with your computer to ensure that your Personally Identifiable Information is safe as it is transmitted to us. We also encrypt personally identifiable information stored in backups of our database so that the data is not easily accessible while being stored offline.

We also use Third-Party Service Providers to track and analyze Non-Personally Identifiable usage and volume statistical information from our Users to administer our Website and constantly improve its quality. We may also publish this information for promotional purposes. We may disclose this information to any of our business partners, advertisers and other third parties as we may choose. Please note that this is not Personally Identifiable Information, only general summaries of the activities of our Users. Such data is collected on our behalf, and is owned and used by us.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. Likewise, Dough may be required to store some sensitive data in relation to our transactions with you as a result of our internal records requirements, as dictated by financial regulation or as dictated by state or federal law. Such data will also be encrypted in storage, but no encryption system is 100% secure. As a result, while we employ commercially reasonable security measures to protect data and seek to partner with companies which do the same, we cannot guarantee the security of any information transmitted to or from the Website, and are not responsible for the actions of any third parties that may receive any such information.

Dough does permit third-party advertising on our Site. We may remarket your information. Remarketing is a way for us to connect with users using a variety of advertising networks, based upon your past interactions with the Site. We may hire third-party marketing vendors to perform remarketing services. As a result, third-party vendors may show Dough ads on sites you visit on the Internet.

We may share your information in a Business Transfer. As with any other business, we could merge with or be acquired by another company. If this occurs, the successor company would acquire the information we maintain, including Personally Identifiable Information. However, Personally Identifiable Information would remain subject to this Privacy Policy.

We may share your information for our Protection and the Protection of Others. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website, Software, and Platform; enforce or apply this Privacy Policy, our Website Terms of Use or other agreements; or protect the rights, property or safety of the Website, Software, and Platform, its Users or others.

Links to Other Sites

Our Site may contain links to other sites. Other sites may also reference or link to our Site. We are not responsible for the privacy practices or the content of such other sites. This Privacy Policy only addresses the use and disclosure of information we collect from you on www.dough.com. Other websites that may be accessible through this Site have their own privacy policies and data collection, use and disclosure practices. If you link to any such website, we urge you review the website’s privacy policy.

Children

Minors under the age of 13 may not use the Website. We do not intentionally collect or maintain personally identifiable information about anyone under the age of 13. If we obtain actual knowledge that a user is under 13, we will take steps to remove that user's Personally Identifiable Information permanently from our databases. Children between the ages of 13 and 18 should obtain their parent’s permission to send us any Personally Identifiable Information, such as is required to become a subscriber. If a child has provided us with private information without parental or guardian consent, the parent or guardian should e-mail us at support@dough.com to remove the information and unsubscribe the child from any contact opportunities. By using our Website, Software, or Platform, you represent to us that you are either 18 years of age or older or between the ages of 13 and 18 and have a parent’s or guardian’s consent to use our Website, Software, or Platform.

Changes to Privacy Policy

If we decide to change our privacy policy, we will post those changes to this privacy statement, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of notice on our home page. We will note the date of the most recent changes in the beginning of our Privacy Policy under “Last Updated.”

Your California Privacy Rights

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our customers who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to the address below.

Contacting Us

Dough, Inc.

19 N. Sangamon Street

Chicago, Illinois 60607

Customer Service Inquiries | support@dough.com

© 2013 Dough, Inc. All Rights Reserved.