Membership

This is a legally binding document between user/visitor and Jeff Cooper’s Hit and Run Trading. These terms of service will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between the user/visitor and Cooper Hit and Run Trading for the service of the website.

These Terms of Service of the website located at cooperhitandruntrading.com “URL” (the Website) is between Cooper Hit and Run Trading or cooperhitandruntrading.com (hereinafter referred to as “Cooper Hit and Run Trading” or “Hit and Run Trading” or “We” or “Us” or “Our” and the guest users or registered users of the Website (hereinafter referred to as “You” or “Your” or “Yourself” or “User”) describe the terms on which Cooper Hit and Run Trading offers You access to the Website and such other services as are incidental and ancillary thereto (“Services”).

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE.

IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, PLEASE DO NOT USE THE WEBSITE.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Service

Cooper Hit and Run Trading is a technical research company conducting research and analyses on financial instruments. Cooper Hit and Run Trading shares the results of its research to subscribers via a subscription-based service, but Cooper Hit and Run Trading is not providing you any financial advice.

Cooper Hit and Run Trading and Services, including any facts, views, opinions, recommendations, trades, trading strategies or descriptions of or references to products or securities, made available by Cooper Hit and Run Trading is:

1. For educational purposes only, and
2. Not to be used or construed as an offer to sell, a solicitation of an offer to buy, or an endorsement, or sponsorship of any entity or security by Cooper Hit and Run Trading.

For all these reasons and others, your use of the information provided on this Website, or any Services, should be based upon your own due diligence and judgement of how best to use the information, and subsequently independently verified by a licensed broker, investment advisor, or financial planner.

Disclaimers Concerning The Service We Provide

1. We are not an investment advisor. We do not provide personalized or individualized investment advice. Any information provided as part of the Services is impersonal and not specific to any person’s investment needs. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal financial situation. You should consult a registered investment advisor, attorney or tax professional regarding your particular financial situation, investing strategies or specific legal or tax situation.
2. By reading the following, you acknowledge and agree that no content published or otherwise provided as part of any service constitutes a personalized recommendation or advice regarding the suitability of, or advisability of investing in, purchasing of selling any particular investment, security, portfolio, commodity, transaction or investment strategy.
3. To the extent that any of the content may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. None of Cooper Hit and Run Trading’s independent contractors or representatives shall be liable for any investment decisions based upon or results obtained from the content. Trading in investments involves risk and volatility, and any of the investments discussed may lose their value after purchase.

Past investment results are not necessarily indicative of future performance. Moreover, the information, research, and opinions that Cooper Hit and Run Trading provides are obtained or derived from sources believed to be reliable, but we cannot guarantee their accuracy and completeness nor the opinions based thereon.

4. You should not rely solely upon such information, research and opinions for purposes of transacting securities or other investments, and you are encouraged to conduct your own research and due diligence, and to seek the advice of a qualified investment professional before you make any investment.
5. None of the information provided constitutes, or is intended to constitute, a recommendation by us of any particular security or other investment or trading strategy or a determination by us that any security or other investment or trading strategy is suitable for any specific person. Investing in securities or other investments, including those chosen in any of our products or in any of our content, is speculative in nature and involves substantial risk of loss and the money invested.
6. We reserve the right to change, modify or discontinue any Content or any portion of features of the Services. Such changes may include, but are not limited to, adding or removing particular outside contributors, experts or representatives, ceasing to provide access to a Service or changing the terms of engagement for a Service. We may make these changes or modifications at our sole discretion, either temporarily or permanently, at any time or from time to time, with or without notice to you. You agree that Cooper Hit and Run Trading shall not be liable to you or any third party for any such change or modification of the Content and/or Services and that your continue use of the changed or modified Content and/or Services, constitutes your acceptance of any such changes or modifications.

User Obligations and Role Of Cooper Hit and Run Trading

1. Subject to compliance with the Agreement(s), Cooper Hit and Run Trading grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and LIMITED right to access and use this Website and the Services provided therein.
2. You agree to use the Services, Website and the Content (as defined herein) provided therein only for purposes that are permitted by: the Agreement(s) (including these Terms of Service) and any applicable law.
3. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology or any similar equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational or structure or presentation of the Website, to obtain or attempt to obtain any materials, or information through any means not specifically made available through the Website.
4. You agree that You are solely responsible to Cooper Hit and Run Trading and to any third party for any breach of Your obligations under these Terms of Service or other Agreements and for the consequences (including any loss or damage which Cooper Hit and Run Trading) for any such breach.

Intellectual Property Rights

1. Except as otherwise set forth herein, all right, title and interest in and to the Services and the Content, all registered and unregistered trademarks, service marks and logos, all trade secrets, proprietary information, our confidential information, and know-how, all registered and unregistered copyrights including but not limited to, any text, video, audio, forms, images, displays and software, processed data, and all other intellectual property, proprietary rights or other rights related to the tangible or intangible property which is used, developed, comprising, embodied in or practiced in connection with any of the Services identified herein are owned by Cooper Hit and Run Trading, and you agree to make no claim of interest in or ownership of any such Cooper Hit and Run Trading Intellectual Property Rights. You acknowledge and agree that no title to the Cooper Hit and Run Trading Intellectual Property Rights is transferred to you and that you do not obtain any rights, express or implied, in any of the Services, other than the rights expressly granted herein. The right, title and interest to your user data is owned by you.
2. Cooper Hit and Run Trading and certain other marks used on the Services are trademarks and/or service marks of Cooper Hit and Run Trading.
3. If you provide any feedback, reviews, or suggest any changes or modifications to any Service such feedback shall be deemed non-confidential and Cooper Hit and Run Trading will own all rights, title, and interest in, and shall have all rights to use such feedback. You hereby irrevocably assign to us all right, title, and interest in and to the feedback or testimonials.
4. You may not remove, modify or obscure any copyright, trademark, or other proprietary rights notices that appear on any Service. You agree that any derivative or transformed data derived by us in whole or part from User Data that does not include your personal information shall be the exclusive property of Cooper Hit and Run Trading and nothing herein shall limit our use or exploitation thereof.

Subscription Services

Subscriptions, Fees, User Accounts, and Payments

1. Some Of the Cooper Hit and Run Trading Services require payment prior to accessing the Service. As consideration for the Subscription Services you purchase, you agree to promptly pay Cooper Hit and Run Trading all applicable prices and fees as designated in the related order process, with such fees subject to change as provided in these Terms. All fees are due immediately or upon ordering and are non-refundable, except as otherwise expressly provided herein or as required by applicable law.

2. If you wish to access a Subscription Service, then you will be redirected to our 3rd party payment processor to process your payment. When subscribing to a Subscription Service you will need to provide us with your name, email, address, billing and shipping addresses, as well as your payment information. You agree to pay the applicable subscription fee as set forth on the Website at the time of the purchase of the Service or its renewal, including any sales taxes that may be charged in addition to the fee.

   BY PLACING YOUR ORDER, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION TO COOPER HIT AND RUN TRADING TO CHARGE YOU FOR CURRENT AND FUTURE PURCHASES, INCLUDING AUTOMATED SUBSCRIPTION RENEWALS AGAINST YOUR CREDIT CARD ON FILE UNLESS YOU CANCEL THE SERVICE PRIOR TO ANY RENEWAL. You certify that all information you provide is accurate, and you may update you information in you member portal.

3. We reserve the right, in our sole discretion, to change or modify the fee, charges or other conditions for use of the Subscription Services upon reasonable notice to you.

4. You are solely and absolutely responsible for any information related to the Payment Account that you provide to Cooper Hit and Run Trading and must promptly inform us of any changes or updates to the method of payment. By submitting an order to purchase a Service you authorize Us to charge the order to the Payment Account or to otherwise immediately bill you for such Subscription Services. You acknowledge and agree that unless otherwise expressly stated in the order process, all annual, monthly or other recurring fees related to the Subscription Services are to be recurring transactions that will be billed on an ongoing basis until such Subscription Services are terminated.

   If you have provided billing information sufficient for automatic billing then we will bill you automatically in accordance with the applicable billing frequency.

5. You agree to pay all fees and other charges incurred in connection with your Payment Account at the rates in effect when the charges were incurred. You agree to pay all amounts due upon our demand. Without limiting any of the Cooper Hit and Run rights hereunder, should any fee payment become delinquent, we may suspend or cancel your Services; provided, however related charges will continue to accrue. You acknowledge and agree that Cooper Hit and Run Trading is not responsible whatsoever for any effect the suspension of Services might have on you or any third party.

6. If you pay for the Services by credit card or another applicable method, you permanently and irrevocably waive any and all right to enact an improper “chargeback” (that is a disputed, reversed, or contested charge with the applicable ban card, credit card or other payment methods) against these fee payments for any reason whatsoever against Cooper Hit and Run Trading. If for any reason Cooper Hit and Run Trading is unable to charge your Payment Account for the full amount of the fee owed for the Services provided, or if we receive notification of an improper chargeback, reversal, payment dispute or are changed a penalty for any fee previously charged to your Payment Account, you agree that we may pursue all available lawful remedies in order to obtain payment, including, but not limited to, immediate cancellation, without notice to you, of any or all of your Services. We also reverse the right to charge you reasonable administrative fees or processing fees for additional tasks we may perform outside the normal scope of the Services associated with your non-compliance with these Terms as determined by us in our sole and absolute discretion.

7. YOU UNDERSTAND AND AGREE THAT ALL FEES ARE NONREFUNDABLE AND THAT COOPER HIT AND RUN TRADING MAY CHANGE ANY PRICE, FEE, RATE, OR PLAN AT ANY TIME UPON NOTICE TO CUSTOMER IN ACCORDANCE WITH THESE TERMS

User Account

1. In order to access certain Services, you must apply and register for an account for the Service (User Account). When you register for a User Account, you will be issued a user ID, associated password, or other login credentials which will be assigned specifically to you.
2. Cooper Hit and Run Trading, in its sole discretion, may deny User Account registration to you for any or no reason. You may only activate one (1) User Account. Cooper Hit and Run Trading may rely on the accuracy of such information provided by you in your User Account and on any activity on the Service conducted through the use of Credentials.

3. You are solely responsible for your use of the Service, for all use of the Service made by others using your Credentials, and for ensuring that such use complies fully with the provisions of these Terms of Service. You are further responsible for the confidentially of your username, login name, login password, screen name, and any access numbers, names or additional passwords.

4. You may not impersonate any other person or entity, nor may you attempt to communicate anonymously with Cooper Hit and Run Trading. You are responsible for all communications made through the Website and Services using your credentials. You must immediately notify Cooper Hit and Run Trading if you become aware of any loss or theft of your username, login name, login password, or screen name or any unauthorized use of your Credentials.

Term and Subscription Renewals

1. Your subscription will continue for the period referenced during registration (the Term) and renew automatically at the end of the Term, unless you cancel beforehand.

   You may cancel in the account section of the website. Click on “My subscriptions” and “Cancel”. Or notify us by email at least 5 days before your subscription renews at cancel@cooperhitandruntrading.com.

   IT IS YOUR RESPONSIBILITY TO CONFIRM THAT YOUR ACCOUNT IS CANCELED. UPON CANCELING, YOU WILL RECEIVE AN EMAIL CONFIRMING YOUR CANCELLATION, AS PROOF OF YOUR CANCELLATION. IF YOU DO NOT RECEIVE THIS EMAIL, CONTACT US AT cancel@cooperhitandruntrading.com TO CONFIRM YOUR CANCELLATION. WE WILL NOT ISSUE REFUNDS TO CUSTOMERS THAT CLAIM THEY CANCELED WITHOUT PROOF OF CANCELLATION.

   BY ALLOWING FOR YOUR RENEWAL, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST YOUR CREDIT CARD ON FILE.

2. No action by you or your failure to notify us as stated will result in the then applicable monthly or annual subscription fee being billed automatically to your Payment Account. Please note that in connection with recurring billing for subscription renewals for such Subscription Services, you authorize Cooper Hit and Run Trading to bill the payment methods associated with your Payment Account, regardless of whether information associated with your subscription has changed, such as the expiration date of the credit card with which you initially subscribed.

3. Services to which you subscribe on a recurring basis will automatically renew on a recurring basis until the Subscription Service is properly terminated in accordance with these Terms.

4. You acknowledge and agree that the renewal price may be higher or lower than the price you paid for the then current term of the Services and that we are authorized to charge your Payment Account for the renewal of the Services. In any event, you are solely and absolutely responsible for the credit card or payment information you provide to Cooper Hit and Run Trading and must promptly inform us of any changes thereto (e.g., change of expiration date or account number). You acknowledge and agree that Cooper Hit and Run Trading may extend the expiration date on your credit card on file with us in order to protect against unwanted expiration of your Services and to allow for the automatic renewal thereof.

5. If any Service is not successfully renewed prior to the expiration of its then current Term, all your rights to such Service will terminate, and we will have no obligation to allow you to renew a Service once its expiration date has passed. You are solely and absolutely responsible for ensuring the Services are renewed. We shall have no liability to you or any third party in connection with the renewal as described herein, including, but not limited to, any failure or errors in renewing the Services whether due to you, us, or a third party.

6. In order to process a renewal under our automatic renewal service, we may receive information from financial institutions or use third-party vendors for the purpose of updating the expiration date and account number of your credit card or other payment methods on file relating to your Payment Account. Such financial institutions and third-party vendors maintain relationships with various credit card issuers and may be able to provide us with the updated information relating to your Payment Account by comparing the information we have on file with the information the financial institution or third-party vendor has on file. By using our automatic renewal service, you acknowledge and agree that we may share your credit card or other payment method information relating to your Payment Account with such financial institutions or third-party vendors for the purpose of obtaining any updates to your credit card expiration date, account number or any other information relating to your Payment Account.

Cancellations, Refunds and Guarantees

1. When your initial subscription commences (which occurs upon your registration for the Service) your Payment Account will be billed the applicable subscription fee and your paid subscription will commence. Once your initial subscription commences, we do not provide refunds for initial orders or recurring monthly payments. If you are not satisfied with the Service, your sole and exclusive remedy is to discontinue your use of the Service. If you cancel your subscription, you will not receive a refund or reimbursement of your subscription fee, prorated or otherwise; however, you will not be charged any future subscription fees.

7. You may cancel in the account section of the website. Click on “My subscriptions” and “Cancel”. Or notify us by email at least 5 days before your subscription renews at cancel@cooperhitandruntrading.com. You may not cancel a subscription by any other means.

   IT IS YOUR RESPONSIBILITY TO CONFIRM THAT YOUR ACCOUNT IS CANCELED. UPON CANCELING, YOU WILL RECEIVE AN EMAIL CONFIRMING YOUR CANCELLATION, AS PROOF OF YOUR CANCELLATION. IF YOU DO NOT RECEIVE THIS EMAIL, CONTACT US AT cancel@cooperhitandruntrading.com TO CONFIRM YOUR CANCELLATION. WE WILL NOT ISSUE REFUNDS TO CUSTOMERS THAT CLAIM THEY CANCELED WITHOUT PROOF OF CANCELLATION.

   BY ALLOWING FOR YOUR RENEWAL, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST YOUR CREDIT CARD ON FILE.

2. Our Service may contain links to third-party web sites or services that are not owned or controlled by Cooper Hit and Run Trading.

3. Cooper Hit and Run Trading has no control over, and assumes no responsibility for, the content, privacy policies, or practices or any third-party web sites or services. You further acknowledge and agree that Cooper Hit and Run Trading shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, good or services available on our through any such web sites or services

4. We strongly advise you to read the terms and conditions of any third-party web sites or services that you visit.

Warranty Disclaimers

1. ALL CONTENT ON THE SITE IS PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COOPER HIT AND RUN TRADING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. COOPER HIT AND RUN TRADING LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR COOPER HIT AND RUN TRADING SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES, YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOU OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, COOPER HIT AND RUN TRADING CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. COOPER HIT AND RUN TRADING DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COSTS OF ALL NECESSARY REPAIRS OR CORRECTIONS. COOPER HIT AND RUN TRADING SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR THIRD-PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE FOREGOING EXCLUSIONS AND DISCLAIMERS OF WARRANTIES ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE PRODUCTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PROVIDER OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN CERTAIN CIRCUMSTANCES. ACCORDING, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY.

2. COOPER HIT AND RUN TRADING MAKES NO WARRANTY REGARDING THIRD- PARTY DATA OR ANY OTHER INFORMATION PURCHASED OR OBTAINED THROUGH COMPANY’S SITE AND OR WEB SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THIRD-PARTY DATA OR OTHER INFORMATION OBTAINED THROUGH COOPER HIT AND RUN TRADING’S WEBSITE AND OR WEB SERVICES.

Limitation of Liability and Indemnity

1. IN NO EVENT SHALL COOPER HIT AND RUN TRADING BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT AND/OR RELATED MATERIALS, THE INABILITY TO SUE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF COOPER HIT AND RUN TRADING HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
2. You agree to indemnify and hold Cooper Hit and Run Trading and each of its officers or agents harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to a) your breach of this Agreement, b) any violation by you of law or the rights of any third party, c) any materials, information, works and/pr other content of whatever nature or media that you post or share on or through the Site, d) your use of the Site or any services that Cooper Hit and Run Trading may provide through the Site and e) you conduct in connection with the Site or the services or with other users of the Site or the services. Cooper Hit and Run Trading reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide Cooper Hit and Run Trading such cooperation as is reasonably requested by Cooper Hit and Run Trading.

Binding Arbitration and Class Action Waiver

1. Any dispute or claim relating in any way to your use of any Service and/or any claim arising out of this Agreement will be resolved by binding arbitration, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement and shall govern the process of Arbitration.

2. To begin an arbitration proceeding, you must send a letter/email requiring arbitration and describing you claim to legal@cooperhitandruntrading.com

3. You agree that any claim you may have against Cooper Hit and Run Trading shall be brought individually and you shall not join such claim with claims of any other person or entity or bring, join or participate in a class action against Cooper Hit and Run Trading.

4. Subject to the terms herein regarding a change in business ownership or structure, we do not share personal information collected by us for the Services we provide you with third parties for their direct marketing purposes.

Choice of Law and Venue

This agreement will be governed by and construed in accordance with the substantive laws of the State of California without regard to conflict of laws and all disputes arising under or relating to this letter agreement shall be brought and resolved solely and exclusively in the State of California.

General Provisions

1. Notice: All notices with respect to these Terms of Service from Cooper Hit and Run Trading will be served to You by general notification on the Website.

2. Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void.

3. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to five effect to the intent to the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. Cooper Hit and Run Trading may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Service.

4. Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Service or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

5. Force Majeure: If performance of any service or obligation under these Terms of Service or other Agreement by Cooper Hit and Run Trading is, or other third parties in fulfillment of any purchase or sale transaction are prevented, restricted, delayed, or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Cooper Hit and Run Trading or its third parties performing and could not have been prevented by reasonable precautions (each a Force Majeure Event) then Cooper Hit and Run Trading shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Cooper Hit and Run Trading shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.