Terms of Service
Web Site Subscriber Agreement and Terms of Service Between Subscriber and Option Investor Inc., doing business as OptionInvestor.com ("Agreement")
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES PROVIDED BY (Option Investor).
All references to (Option Investor) shall include the owner of (Option Investor), and any affiliates, subsidiaries, officers and employees of (Option Investor), or its owner. All references to "you" and "your" shall mean the subscriber.
ACCEPTANCE BY (Option Investor) AND ACCESS TO (Option Investor) IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY (Option Investor), ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
- Description of Services
Option Investor publishes a regularly scheduled newsletter which is delivered by either email or posting on areas of the World Wide Web which can be password protected areas. The newsletter provides commentary and information on stocks, bonds, other securities, options and the financial markets in general.
By subscribing to Option Investor, you agree to provide complete and accurate registration information, including, without limitation, your legal name, address, email address and telephone number. You agree to maintain and update this information as necessary to keep it true, accurate and complete. Option Investor reserves the right to terminate the subscriber's subscription or limit access to the services if the information is false or inaccurate.
- Payment & Renewal
To view the current rate list, click here.
All subscription fees will be charged to the credit card provided by the subscriber. The charges will appear on the credit card statement under the name Option Investor Inc. Payment for a subscription is due in advance and will be charged to the subscriber's credit card prior to the period selected. Renewal of your subscription is automatic. The renewal of your subscription will continue and your credit card charged until you cancel your subscription by email prior to the beginning of the automatically renewed subscription period as provided below. Option Investor reserves the right to change the rates for the subscription at any time following 30 days notice by email to the subscriber. The subscription rate change shall apply to all subsequent billings following the 30-day notice period. If the company issuing the credit card rejects the charge for any reason, Option Investor reserves the right to terminate your subscription and your access to Option Investor.
- Selection of username & password
To access Option Investor you must select a User Name and Password. Option Investor reserves the right to reject any User Name or Password if Option Investor believes, in its sole discretion, that the User Name or Password is vulgar, offensive, illegal, a trademark infringement, an attempt to impersonate someone else, or intended to cause confusion. You agree that you have no right to transfer or assign the User Name or Password, and that you are solely responsible for maintaining confidentiality of the User Name and Password. If you believe that your User Name or Password is no longer secure, you agree to promptly notify Option Investor and change your User Name and Password. By subscribing to the Option Investor Newsletter you agree to keep your username and password private. Sharing username and passwords to access the Option Investor website is grounds for termination of your membership.
- Representations and Warranties
- You agree that you shall use the access granted to Option Investor and any emails received from Option Investor, its agents or assigns, for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, material or services obtained from the Option Investor or the emails sent by Option Investor.
- You acknowledge that you have read, understand and agree to the terms of the Disclaimer and the Privacy Statement posted on Option Investor, which are incorporated herein by reference, as if set forth and restated in their entirety.
- You agree that you will only use the access granted under this Agreement for lawful purposes.
- You agree not to permit anyone whose subscription was terminated to access the site with your User Name and Password, or to provide your User Name and Password for the purpose of accessing Option Investor.
- All materials displayed or performed on the Option Investor, or in emails sent by Option Investor, (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by Option Investor or its third party content providers. You agree to abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. Option Investor is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as permitted in this Agreement for the use of Services), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. You may download or copy the Content, and other items displayed on, or distributed by Option Investor, for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You will not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Option Investor, or from the copyright holder identified in such Content's copyright notice.
- You understand that parts of the Content, as well as software tools and portions of the Services available on the Site may be provided by third party content providers and suppliers. You acknowledge that neither (Option Investor) nor such third party providers and suppliers guarantee the accuracy, completeness or timeliness of such information and you therefore agree that (Option Investor) and its third party providers and suppliers shall have no liability for any loss you may suffer through your use of such materials or resulting from any errors, omissions or delays related thereto. By accepting this agreement, you expressly accept the terms of the user agreement for the third party providers, as set forth in Exhibit A. See individual third party agreements for specific guidelines on third party content (see Exhibit A).
- The subscription to Option Investor is only intended for citizens and residents of the United States of America, currently residing there. Option Investor makes no representation that the Services provided are appropriate for other geographical locations or jurisdictions. Option Investor reserves the right to limit availability of the site and services to any person, geographic area or jurisdiction. This Agreement is void where prohibited by law, and the right to access Option Investor is revoked in such jurisdictions. You also agree that you will comply with any local laws or regulations that may apply to your use of Option Investor, or any emails sent by Option Investor, including, without limitation, any laws requiring registration or filings with local authorities, and the payment of any taxes.
You will indemnify and hold Option Investor, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from (i) any claims of liability or responsibility for any use or misuse of the Services as selected or as applied by you, (ii) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your (Option Investor) User ID and password, of any intellectual property or other right of any person or entity.
- DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE THAT THE SERVICES AND THE SITE ARE STILL UNDER DEVELOPMENT AND THAT THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TOYOU.
You agree that from time to time Option Investor may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Option Investor may undertake from time to time; or (iii) causes beyond the control of Option Investor or which are not reasonably foreseeable by Option Investor. Option Investor may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Option Investor may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
The Option Investor Newsletter and the Option Investor website have constantly grown over the last five years because of our focus on investor education. The wealth of knowledge presented and trading information provided and taught can be a benefit for OI readers for years to come. This dynamic format and life-long value of the information provided has required us to make all subscriptions non-refundable. You can continue to receive the daily information until the end of your subscription term or discontinue it at any time but the subscription price is non-refundable. All cancellations must be by email to the "Contact Us" link on the website. Subscribers should note that we are not responsible for non-delivery to your email address due to changes in the address, service outages from your ISP or delays in any form. All the information presented in the email version is available on the Option Investor website for subscribers at all times. It is the subscriber's responsibility to keep OIN informed of your email address changes and any developments that might prevent your address from receiving the newsletters for the length of your subscription.
Option Investor reserves the right to terminate your subscription or limit your access to Option Investor at any time, in its sole discretion, and make a refund to you for any remaining whole months on your subscription. In the event of a breach of this Agreement by you, Option Investor reserves the right to immediately terminate your access without a refund.
- Modification and Amendment
(Option Investor) reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending you a notice via e-mail. You are responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
- Arbitration Agreement
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be the City and County of Denver, Colorado. This Agreement shall be governed by the laws of the state of Colorado. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
- Law. This Agreement shall be governed by the laws of the state of Colorado and the United States of America without reference to conflicts of laws.
- Waiver and Severability. No failure or delay in exercising or enforcing any right or remedy hereunder by Option Investor shall constitute a waiver of any other right or remedy, or future exercise thereof. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.
- Survival. The respective rights and obligations of the parties under Sections 5, 6, 7, 8 13, and this Section 14 shall survive any termination or expiration of this Agreement.
- Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.
Option Investor may use third party tools, data and content from time to time throughout the website and newsletter. We make no warranties regarding the accuracy and timeliness of the data presented and is presented on an "as is" basis. Any quotes available on the Option Investor website are 15 to 20 minutes delayed.
Option Investor's Market Monitor is premium service above and beyond the price of the normal newsletter subscription. How the content is delivered to the Market Monitor subscriber can vary. Option Investor provides an HTML version for web-based viewing as well as a desktop application. Option Investor is not responsible for any damages or damages per the Indemnification clause above in regards to the download, set up, operation or termination of the Market Monitor executable. Which ever method that a subscriber can access the Market Monitor content is based solely on the subscriber's computer platform and system requirements. Any Market Monitor executable is delivered "as is" and without warranty of any kind.