Optionistics TERMS AND CONDITIONS
Optionistics is not a registered investment advisor or a
broker-dealer. Information available on Optionistics.com is
available to all subscribers. Optionistics does not make
recommendations as to particular securities or derivative instruments,
and does not advocate the purchase or sale of any security or
investment by you or any other individual. Optionistics does not
guarantee the accuracy, completeness or timeliness of the
Information. By using the Services of Optionistics.com,
including any applications or content available through us, you agree
that use of the Services is entirely at your own risk. You understand
and acknowledge that there is a very high degree of risk involved in
trading options and securities. Past results are not indicative of
future returns that may be realized by you. We assume no
responsibility or liability for your trading and investment
results. The information and features available on
Optionistics.com (collectively, the "Information" or "Service" or
"Services") are provided for informational purposes only and should
not be construed as investment advice. You should not rely solely on
the Information in making any investment. Rather, you should use the
Information only as a starting point for doing additional independent
research in order to allow you to form your own opinion regarding
investments and trading strategies. Factual statements in this web
page are made as of the date stated and are subject to change without
notice.
The Information does not constitute a solicitation for the purchase or
sale of securities. By using the Information on this site, you assume
full responsibility for any and all gains and losses, financial,
emotional or otherwise, experienced, suffered or incurred by you. The
Information is not intended to provide tax, legal or investment
advice, which you should obtain from your professional advisor prior
to making any investment of the type discussed in the Information.
THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR
INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS
PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. Optionistics
SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT
LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY,
USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND (ii)
ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, AND WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS
DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF ANY INFORMATION OR SERVICES ON
THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION.
NEITHER Optionistics.COM NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS,
ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE
TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES OR
INABILITY TO GAIN ACCESS TO OR USE THE SERVICES OR OUT OF ANY BREACH
OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE
LIABILITY OF Optionistics, ITS EMPLOYEES, AGENTS, SUCCESSORS,
ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS RESPECTIVE
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE
LAW.
Optionistics, is the owner and/or authorized user of any
trademark, registered trademark and/or service mark appearing on
Optionistics.com, and is the copyright owner or licensee of the
content and/or information on the Website, unless otherwise
indicated. Optionistics does not grant to you a license to any
content, features or materials you may access on
Optionistics.com. You may not download or save a copy of any of the
content or screens except as otherwise provided in these Terms and
Conditions, for any purpose. You may, however, print a copy of the
information on Optionistics.com solely for your personal use or
records in any location on our Website where a "print" option is
specifically made available by Us. If you make other use of
Optionistics.com, except as otherwise provided above, you may
violate copyright and other laws of the United States, other
countries, as well as applicable state laws and may be subject to
liability for such unauthorized use. We do not grant any license or
other authorization to any user of our patents, trademarks, registered
trademarks, service marks, other copyrightable material or any other
intellectual property, by including them on Optionistics.com.
We reserve the right to change any information on
Optionistics.com, including without limitation revising and/or
deleting features or other information without prior notice to
you. Accessing certain links within Optionistics.com may provide
you with access to other Websites for which we assume no
responsibility of any kind for the content, availability or
otherwise. (See "Links from and to Optionistics.com" below.) The
content of Optionistics.com may vary depending upon your browser
functionality and limitations.
You acknowledge and agree that you must: (a) provide for your own
access to the World Wide Web and pay any service fees associated with
such access, and (b) provide all equipment necessary for you to make
such connection to the World Wide Web, including a computer, software,
a modem and a working telephone line.
In consideration of your use of the Service, you agree that you are at
least eighteen (18) years of age and you agree: (a) to provide true,
accurate, current and complete information about yourself as prompted
by the Registration Form, and (b) to maintain and update this
information to keep it true, accurate, current and complete. If any
information provided by you is untrue, inaccurate, not current or
incomplete, we have the right to terminate your account without refund
and refuse any and all current or future use of the Service. You agree
not to resell or transfer the Service or use of or access to the Service.
Fees
Optionistics.com offers certain services and products for a
fee. The costs of these services and products will be disclosed to you
at the time of purchase. Your credit card or other account will be
billed for each use of fee-based services and products from
Optionistics. You agree that any use of Optionistics fee-based
services and products may subject you to a charge. You agree that you
will not circumvent Optionistics security systems or otherwise
attempt to obtain fee-based services and information without payment,
and that if you do so, Optionistics will be entitled to charge
the credit card or other account(s) you have disclosed to Us for the
full retail price of daily access to Our services for the period of
one year, in addition to any relief which may be available at law or
in equity.
Confidentiality, Nondisclosure
As used in this Agreement, the term "Confidential Information" refers
to any and all programs, concepts, information, data or communication,
whether written or oral, furnished or made available by
Optionistics to you regarding Optionistics or its software and
data (including, without limitation any or all designs and concepts,
preliminary or otherwise, relating thereto) (collectively,
"Confidential Information"). By using the Services, you acknowledge
and agree that the information disclosed by Optionistics is a
valuable trade secret of Optionistics, and is being disclosed
pursuant to this agreement for your exclusive use. You further agree
that:
(1) You will hold in strict confidence all Confidential Information
and agree not to publish, disclose or otherwise disseminate such
Confidential Information to anyone other than a member or employee of
Optionistics, and that you will not cause the transmission,
removal, or transport of any Confidential Information; and
(2) Immediately upon termination of your subscription (or license for)
to any Optionistics service or product, you shall destroy all
materials and Confidential Information furnished to you by
Optionistics in relation to that service, together with all copies,
data summaries, replications, duplications, recordings or
transcriptions made thereof (whether held by you or by any other
person).
User Conduct For Optionistics:
While using the Service, you may not:
1.) publish, transmit, reproduce, or distribute in any way,
information, software or other material that appears on the Web Site
which is protected by copyright, or other proprietary or intellectual
property right, or derivative works with respect thereto, without
obtaining permission of the copyright owner or licenser; or
2.) publish, reproduce, transmit or distribute in any way any
component of the Service itself or derivative works with respect
thereto, as the Service is copyrighted as a collective work under US
copyright laws; or
3.) publish, transmit, reproduce, distribute or in any way exploit any
information, software or other material obtained through the Service
for commercial purposes (or as expressly permitted by the provider of
such information, software or other material); or
4.) restrict or inhibit any other user from using and enjoying the
Service; or
5.) knowingly violate any laws, including without limitation the
Securities Act of 1933 and Securities Exchange Act, or any rule of any
securities exchange, including, without limitation, the New York Stock
Exchange or the NASDAQ/AMEX; or
6.) impersonate any other person or entity, or misrepresent your
affiliation with any other person or entity (including without
limitation, Optionistics).
We have no obligation to monitor the Service. You acknowledge and
agree, however, that we do retain the right to monitor the Service
and, subject to the limitations of the Optionistics privacy
policy, to disclose any information as necessary or appropriate to
satisfy any law, regulation or other governmental request, to operate
the Service properly, or to protect Optionistics.com or Our
subscribers.
Links from and to Optionistics:
The links on Optionistics.com may provide you with access to
other Websites where the trading of securities is possible. You
acknowledge and agree that we shall not be responsible or liable with
regard to any trading which may be conducted on such linked trading
sites or any other Website which may be linked to or from
Optionistics.com. You acknowledge and agree that the stock and
mutual fund price quotes and news stories which are accessed within a
trading day may be delayed at least 20 minutes, as may required by
exchanges and information providers. You acknowledge and agree that
you bear responsibility for your own investment research and
investment decisions, and that Optionistics shall not be liable
for any decision made or action taken by you or others based upon
reliance on information or materials obtained through use of the
Service. Prior to the execution of a securities trade, you should
always consult with your broker or other financial representative to
verify securities pricing information.
Other Information:
We are taking reasonable and appropriate measures, [including
encryption,] to ensure that your personal information is disclosed
only to those specified and disclosed to you in your subscription
agreement (as amended from time to time), and to prevent the
interception and decryption by others of the personal information you
have entered.
You agree to pay all charges incurred by users of your account and
credit card or other payment mechanism at the prices in effect when
such charges are incurred. You also will be responsible for paying any
applicable taxes relating to purchases through the Service.
Failure to Comply With Terms and Conditions and Termination:
Access to the Services may be terminated at any time, and without
cause, by either Optionistics or the customer, upon notification
by telephone or e-mail. When termination is requested by a customer,
subscription fees are NOT refunded.
You acknowledge and agree that we may terminate your password or
account or deny you access to all or part of the Service without prior
notice if you engage in any conduct or activities that we, in our sole
discretion, believe violate any of these Terms and Conditions, violate
the rights of Optionistics, or is otherwise inappropriate for
continued access.
Miscellaneous:
The Terms and Conditions and the relationship between you and
Optionistics shall be governed by the laws of the State of New
Jersey, without regard to its conflict of law provisions. You and
Optionistics agree that this Agreement is made, and all performance
under this Agreement will take place, at Optionistics offices
in Princeton Jct., NJ. You and Optionistics each agree to
submit to the personal and exclusive jurisdiction of the courts
located within the state of New Jersey.
The failure of Optionistics to exercise or enforce any right or
provision of the Terms and Conditions shall not constitute a waiver of
such right or provision. If any provision of the Terms and Conditions
is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and
the other provisions of the Terms and Conditions remain in full force
and effect.
You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the
Service or the Terms and Conditions must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
