Terms of Service, Disclosures, Risk and other important information
OptionShopper does “not” provide its own data feed or any API access to users of the software for any commercial purposes of the user. The software is for personal use only as defined in our License Agreement. Users may not use the data provided in violation of the terms of our License Agreement. Information provided in this solution is obtained from sources believed to be reliable. The publishers are not responsible for any errors or omissions contained herein or delivered through the software. Data and functionality of this software is subject to many factors including but not limited to internet connectivity, data interruptions, server breakdowns, trading halts etc.
All data on this website is Copyright © OptionShopper™
Terms of Service
Terms of Service
Before using this site and OptionShopper™ Software, please make sure that you note and understand the following important information:
Do your Own Research
OptionShopper™ is intended to be used for informational purposes only. It is very important to do your own analysis before making any investment based on your own personal circumstances. You should take independent financial advice from a professional in connection with, or independently research and verify, any information that you find using OptionShopper™ and wish to rely upon, whether for the purpose of making an investment decision or otherwise.
No Investment Advice
OptionShopper™ is a financial data, content aggregator with some tools which should improve your productivity and save you time when you do usual tasks related to stock/option analysis. OptionShopper™ is not a broker/dealer, we are not an investment advisor, we have no access to non-public information about publicly traded companies, and this is not a place for the giving or receiving of financial advice, advice concerning investment decisions or tax or legal advice. We are not regulated.
OptionShopper™ must only be used for analyzing, learning & discussing general and generic information related to stocks/options, investments and strategies. No content that OptionShopper generates or gathers constitutes – or should be understood as constituting – a recommendation to enter in any securities transactions or to engage in any of the investment strategies presented in our site content. We do not provide personalized recommendations or views as to whether a stock/option or investment approach is suited to the financial needs of a specific individual.
Individual Empowerment, not Hand-Holding
OptionShopper™ produces data that must only be treated as candidates for further research. The idea is to give information and data to allow an investor to make a better decisions. The idea is not to guide or influence any decision.
Publicly collected information. We do not want to violate any copyrighted content. If you feel your copyright has been infringed contact us immediately using contact form in this website and we will take appropriate action.
No reliance
Accordingly, we will not be liable, whether in contract, tort (including negligence) or otherwise, in respect of any damage, expense or other loss you may suffer arising out of such information or any reliance you may place upon such information. Any arrangements between you and any third party contacted via the Website are at your sole risk.
Investment Warnings
We would like to draw your attention to the following important investment warnings. The value of shares and investments and the income derived from them can go down as well as up; Investors may not get back the amount they invested. You must be aware of the risks and be willing to accept them in order to invest in the stock markets. Don’t trade with money you can’t afford to lose. The past performance of any trading system or methodology is not necessarily indicative of future results.
All information, data and opinions contained in these pages are for educational, informational purposes only. Stock investing and trading involves a high degree of risk of financial losses and may not be suitable for every investor.
SOFTWARE LICENSE AGREEMENT
This license agreement (“Licence“) is a legal agreement between you (“Licensee” or “you“) and OptionShopper ™ (“Licensor, us” or “we“) for:
OptionShopper computer software, the data supplied with the software, use of OptionShopper website, content, data supplied from OptionShopper apps, any custom services that OptionShopper provides like custom development, equity research services, and any associated media (“Software“); and documents relevant to the Software (“Documents“).
This License shall commence on the date you subscribed to the Software (“Effective Date”)
We license use of the Software and Documents to you on the basis of this License. We do not sell the Software or Documents to you. We remain the owners of the Software and Documents at all times.
IMPORTANT NOTICE TO ALL USERS:
BY DOWNLOADING AND INSTALLING THE SOFTWARE YOU AGREE TO THE TERMS OF THIS LICENCE WHICH WILL BIND YOU AND YOUR EMPLOYEES.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE SOFTWARE AND DOCUMENTS TO YOU AND YOU MUST DISCONTINUE THE DOWNLOADING OR USE OF THE SOFTWARE.
1. GRANT AND SCOPE OF LICENCE
1.1 In consideration of payment by you of the agreed license fee and you agreeing to abide by the terms of this License, we hereby grant to you a non-exclusive, nontransferable, non-assignable license to use the Software and the Documents on the terms of this License.
1.2 You may:
1.2.1 download, install and use the Software for your personal purposes only.
The data provided by OptionShopper™ software must not be re-distributed.
1.2.3 receive and use any free supplementary software code or update of the Software incorporating “patches” and corrections of errors as may be provided by us from time to time at our sole discretion; and
1.2.4 use any Documents in support of the use permitted under clause You may:.
1.3 You may not (and may not allow a third party to):
1.3.1 except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties and except to the extent expressly permitted under this License:
(a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software and/or Documents in any form or media or by any means; or
(b) disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving interoperability of the Software with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the Software with another software program; and
(ii) is used only for the purpose of achieving inter-operability of the Software with another software program; and
(iii) is not used to create any software which is substantially similar to the Software;
(c) tamper with, or attempt to circumvent or disable any license key (including, for example, resetting the CPU time in order to extend the license term, or using a false host ID number or additional virtualized cop(ies) of the host ID number to enable unauthorized copies of a license key.
1.3.2 except as expressly provided in this License, transfer, rent, lease, lend, translate, sublicense, time-share, electronically transmit, receive or provide the Software to a third party in any form.
1.3.3 access all or any part of the Software and Documents in order to build a product or service which competes with the Software and/or the Documents;
or
1.3.4 attempt to obtain, or assist third parties in obtaining, access to the Software and/or Documents, other than as provided under this clause 1.
1.4 You shall use all reasonable endeavors to prevent any unauthorized access to, or use of, the Software and/or the Documents and, in the event of any such unauthorized access or use, promptly notify us.
1.5 The rights provided under this clause 1 are granted to the Licensee only, and shall not be considered granted to any subsidiary or holding company of the Licensee.
1.6 You undertake:
1.6.1 to keep all copies of the Software secure and to maintain accurate and up-to-date records of the number and locations of all copies of the Software;
1.6.2 to include our copyright notice (if any) on all entire and partial copies you make of the Software on any medium; and
1.6.3 not to provide or otherwise make available the Software in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us; and
1.6.4 to comply with all applicable technology control or export laws and regulations.
2. THIRD PARTY PROVIDERS
You acknowledge that the Software may be integrated with products and services from third parties. The Licensor makes no representation, warranty or commitment and shall have no liability or obligation whatsoever in relation to the content or use of, or correspondence with, any such third-party products or services, or any transactions completed, and any contract entered into by the Licensee, with any such third party. The Licensor recommends that the Licensee refers to the third party’s terms and conditions and privacy policy prior to using the relevant third-party products or services. The Licensor does not endorse or approve any third-party website nor the content of any of the third-party products or services.
3. LICENSOR’S OBLIGATIONS
3.1 The Licensor undertakes that the Software will operate in accordance with the Documents.
3.2 The undertaking at clause 3.1 shall not apply to the extent of any non-conformance which is caused by use of the Software contrary to the Licensor’s instructions, or modification or alteration of the Software by any party other than the Licensor or the Licensor’s duly authorized contractors or agents. If the Software does not conform with the foregoing undertaking, the Licensor will, at its expense, use reasonable commercial endeavors to correct any such non-conformance promptly or provide the Licensee with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Licensee’s sole and exclusive remedy for any breach of the undertaking set out in clause 3.1. Notwithstanding the foregoing, the Licensor:
3.2.1 does not warrant that the Licensee’s use of the Software will be uninterrupted or error-free; or that the Software, Documents and/or the information obtained by the Licensor through the Software will meet the Licensee’s requirements; and
3.2.2 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Licensee acknowledges that the Software and Documents may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
3.3 This License shall not prevent the Licensor from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this License.
3.4 The Licensor warrants that it has and will maintain all necessary licenses, consents, and permissions necessary for the performance of its obligations under this License.
3.5 The Licensor will provide the Licensee with support, maintenance, updates, and upgrades (as determined by the Licensor in its sole discretion) as part of the Yearly or Monthly Subscription.
4. LICENSEE’S OBLIGATIONS
4.1 The Licensee shall:
4.1.1 provide the Licensor with:
4.1.2 all necessary co-operation in relation to this License; and
4.1.3 all necessary access to such information as may be required by the Licensor; in order to provide the Software and must;
4.1.4 carry out all other Licensee responsibilities set out in this License in a timely and efficient manner. In the event of any delays in the Licensee’s provision of such assistance as agreed by the parties, the Licensor may adjust any agreed timetable or delivery schedule as reasonably necessary; and
4.1.5 obtain and shall maintain all necessary licenses, consents, and permissions necessary for the Licensor, its contractors and agents to perform their obligations under this License.
5. DATA
5.1 The Licensee shall own all right, title, and interest in and to all of the data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the data.
5.2 If the Licensor processes any personal data on the Licensee’s behalf when performing its obligations under this agreement, the parties record their intention that the Licensee shall be the data controller and the Licensor shall be a data processor and in any such case:
5.2.1 the Licensee acknowledges and agrees that the personal data may be transferred or stored outside the country where the Licensee is located in order to carry out its obligation under this License;
5.2.2 the Licensee shall ensure that the Licensee is entitled to transfer the relevant personal data to the Licensor so that the Licensor may lawfully use, process and transfer the personal data in accordance with this agreement on the Licensee’s behalf;
5.2.3 the Licensee shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation;
5.2.4 the Licensor shall process the personal data only in accordance with the terms of this agreement and any lawful instructions reasonably given by the Licensee from time to time; and
5.2.5 each party shall take appropriate technical and organizational measures against unauthorized or unlawful processing of the personal data or its accidental loss, destruction or damage.
6. CHARGES AND PAYMENT
6.1 The Licensee shall pay the non-refundable annual subscription (“Yearly or Monthly Subscription”) to the Licensor in accordance with this clause 6 and subject to clause
6.2 The Licensee shall on or prior to the Effective Date provide to the Licensor valid, up-to-date and complete credit card details and any other relevant valid, up-to-date and complete contact and billing details and, if the Licensee provides:
6.2.1 its credit card details to the Licensor, the Licensee hereby authorizes the Licensor to bill such credit card:
(a) on the Effective Date for the Yearly or Monthly Subscription payable in respect of the Initial Term (as defined in clause 9.2); and
(b) subject to clause 9.2 on each anniversary of the Effective Date for the Yearly or Monthly Subscription payable in respect of the next Renewal Period (as defined in Clause 9.2);
6.3 If the Licensor has not received payment within 30 days after the due date, and without prejudice to any other rights and remedies of the Licensor:
6.3.1 the Licensor may, without liability to the Licensee, disable the Licensee’s password, account and access to all or part of the Software and the Licensor shall be under no obligation to provide any or all of the Software while the invoice(s) concerned remain unpaid; and
6.3.2 Intentionally left blank
6.4 All amounts and fees stated or referred to in this agreement:
6.4.1 shall be payable in either US Dollars or the currency advertised while making the purchase;
6.4.2 are subject to clause 9.3, non-cancellable and non-refundable;
6.4.3 are exclusive of sales/use tax, which shall be added to the Licensor’s invoice(s) at the appropriate rate if applicable.
6.5 If, at any time whilst using the Software, the Licensee exceeds a reasonable amount of market data requests, the Licensor may terminate this agreement upon 90 days’ prior notice by email to the Licensee.
6.6 Intentionally left blank
6.7 The Licensor shall be entitled to increase the Yearly or Monthly Subscription, the billing rates and surcharges for availing of the service by email and/or posted on the Licensor’s website.
6.8 Any such changes or revisions shall neither revoke the rights assigned or granted to the Licensee under this License nor absolve the Licensee from the duties to be performed under the License.
7. PROPRIETARY RIGHTS
7.1 The Licensee acknowledges and agrees that the Licensor owns all intellectual property rights in the Software and the Documents. Except as expressly stated herein, this License does not grant the Licensee any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Software or the Documents.
8. LIMITATION OF LIABILITY
8.1 You acknowledge that the Software has not been developed to meet your individual requirements and that it is, therefore, your responsibility to ensure that the facilities and functions of the Software as described in the Documents meet your requirements.
8.2 We only supply the Software and Documents for personal use, and you agree not to use the Software or Documents for any re-sale purposes.
8.3 We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the License for:
8.3.1 loss of profits, sales, business, or revenue;
8.3.2 business interruption;
8.3.3 loss of anticipated savings;
8.3.4 loss or corruption of data or information;
8.3.5 loss of business opportunity, goodwill or reputation; or
8.3.6 any indirect or consequential loss or damage.
8.4 We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the License for:, our maximum aggregate liability under or in connection with this License whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to all fees paid by you in the previous three month period.
8.5 Nothing in this License shall limit or exclude our liability for:
8.5.1 death or personal injury resulting from our negligence;
8.5.2 fraud or fraudulent misrepresentation; or
8.5.3 any other liability that cannot be excluded or limited by U.S. law.
8.6 This License sets out the full extent of our obligations and liabilities in respect of the supply of the Software and Documents. Except as expressly stated in this License, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Software and Documents which might otherwise be implied into, or incorporated in, this License whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
8.7 The Software is strictly for informational purposes and the Licensor does not guarantee the reliability, availability, timeliness or accuracy of the information provided by the Software. The Licensor is not acting as broker or investment adviser to the Licensee and no fees or commission is received by the Licensor. There is no personal portfolio investment advice or recommendations directed at any particular subscriber or in view of the particular circumstances, any particular person viewing this web site or using the Software.
8.8 The information provided by the Software is obtained from sources believed to be reliable but is not guaranteed as to its accuracy or completeness. Users of the Software should do so with caution and assess their own risk tolerance level or consider consulting with a broker or investment adviser before doing so.
8.9 Trading securities and options involves risk. Prior to buying or selling an option, an investor should receive a copy of characteristics and risks of standardized options. Traders and investors must meet suitability requirements.
8.10 The Licensee also agrees, for purposes of internet security awareness, the Licensor, the publishers and editors cannot be held responsible for the information and trade reports lost on the Software due to computer failures, internet viruses, computer hacking or alterations made to the Software.
9. TERMINATION
9.1 Each party may terminate this License by 30 days’ notice to the other party.
9.2 This License shall commence on the Effective Date. Unless terminated earlier in accordance with this clause 9, this License shall continue for one year (“Initial Term”) and shall automatically extend for a period of one year (the “Extended Term”) at the end of the Initial Term and at the end of each Extended Term.
9.3 The Licensor reserves the right, but is under no obligation, to offer the Licensee a refundable trial of the Software for a period of time as determined by Licensor (acting in its sole discretion). Except for the provisions concerning price and payment, this agreement shall apply to any such free trial period.
9.4 Upon termination for any reason:
9.4.1 all rights granted to you under this License shall cease;
9.4.2 you must immediately cease all activities authorized by this License; and
9.4.3 you must immediately pay to us any sums due to us under this License; and
9.4.4 you must immediately delete or remove the Software from all computer equipment in your possession, and immediately destroy or return to us (at our option) all copies of the Software and Documents then in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
9.5 If the Software does not function in the manner it was advertised to work in and if the problem cannot be resolved successfully by the Licensor within 30 days from the date that the problem was first reported and acknowledged by the Licensor’s support team then the Licensee is entitled to a full refund.
10. EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this License that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in condition An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.
10.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks.
10.3 If an Event Outside Our Control takes place that affects the performance of our obligations under this License:
10.3.1 our obligations under this License will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
10.3.2 we will use our reasonable endeavors to find a solution by which our obligations under this License may be performed despite the Event Outside Our Control.
11. OTHER IMPORTANT TERMS
11.1 The terms and conditions of this Agreement may be subject to changes from time to time and the Licensor is under no obligation to intimate such changes to the Licensee.
11.2 We may transfer our rights and obligations under this License to another organization, but this will not affect your rights or our obligations under this License.
11.3 You may only transfer your rights or your obligations under this License to another person if we agree in writing.
11.4 This License and any document expressly referred to in it constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this License or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this in this License or any document expressly referred to in it.
11.5 If we fail to insist that you perform any of your obligations under this License, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
11.6 Each of the conditions of this License operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
11.7 This License, its subject matter and its formation (and any non-contractual disputes or claims) are governed by U.S laws and the State of Texas. You irrevocably agree to the exclusive jurisdiction of the courts of Houston, Texas, U.S..
Real-time data subscriptions available through our data partners and may require additional subscription agreements.
OptionShopper™ does “not” provide its own data feed or any API access to users of the software for any commercial purposes of the user. The software is for personal use only as defined in our License Agreement. Users may not use the data provided in violation of the terms of our License Agreement.
Information provided in this solution is obtained from sources believed to be reliable. The publishers are not responsible for any errors or omissions contained herein or delivered through the software. Data and functionality of this software is subject to many factors including but not limited to internet connectivity, data interruptions, server breakdowns, trading halts etc.
Refund Policy
We aim to be 100% transparent about our refund policy.
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We are very dedicated to customer satisfaction and spend much of the day dealing with customer requests for new features, data issues, product expansion and so on. As a small growing company, we have chosen to take the same approach to billing that all modern 'Software as a Service' websites do which is to provide an extensive 30 days money back policy on annualized plans i.e. in the event that you are not happy with any product you purchase then you are protected by a 30 day money back guarantee (less pro-rated charges for each day in the first month) on annual subscriptions only and not on any other subscription which is less than a year.
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If you ask for a refund beyond 30 days on annual subscription products after the initial purchase date of the product then we will not be in position of issuing you a refund. But we will try our best to help you meet your objectives with our support that is available 24*5 via our email support@optionshopper.com and/or via fax at +1-832-202-0202.
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Recurring payments i.e. renewals are not refundable, since they fall outside of the 30 day guarantee period (e.g. if you purchase an annual subscription, you can get a refund within 30 days of the initial purchase, but you can’t get a refund 12 months later, when the subscription is automatically renewed, because that’s 11 months after the refund period expired). Subscriptions need to be cancelled in advance if you don’t wish to renew it. You may also email us at support@optionshopper.com in case you wish to cancel your subscription.
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All trial versions and associated renewals are non-refundable.
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Subject to the aforesaid, you may cancel your subscription anytime.
Terms of Use
Welcome to Optionshopper.com!
Optionshopper.com is owned and run by Optionshopper™. Optionshopper.com, “we”, “us”, or “our” we mean Optionshopper™.
By using this web site or downloading software from this website, you agree to the following terms and conditions. If you do not agree with these terms, simply do not download the software and do not use the site. We reserve the right to make modifications as we deem necessary at any time. It will be your responsibility to check these terms to see what changes have been made. By continuing to use the Optionshopper.com web site, you indicate that you accept those changes.
The terms of an end user license agreement accompanying a particular software download, template, or installation supersede (take the place of) the terms presented below.
Linking to Our Content
We encourage you to link to the various web pages on Optionshopper.com from your website or blog, provided that your website does not contain content considered illegal, pornographic, harmful, etc. Unless otherwise indicated, you may link to a web page with a “.html” extension, but no other (e.g. not a “.php” extension). You do not have permission to link to a “.xls”, “.xlsx”, “.ods”, “odt”, “.doc”, “.docx”, “.pdf”, “.gif”, or other such downloadable file from your website or blog.
Use of Our Content
All information, text, software, files, documents, graphics, photos, drawings, videos, music, sounds, and other content (including “Submissions” as defined in the next section, collectively the “Content”) on our website are owned and copyrighted by Us or Our licensors or licensees. As such, the Content is protected by copyright, trademark, and other intellectual property laws.
We take copyright law very seriously, and routinely submit DMCA notices when other websites are found to be breaking the law.
You, the visitor, may download the Content to a single computer and print any number of paper copies for your personal and non-commercial use only, provided that you:
retain all copyright, trademark and propriety notices,
do not create any derivative works from the Content,
do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and
do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes.
You may not copy, reproduce, republish, display, sell, upload, post, disassemble, reverse-engineer, transmit, exploit or distribute the Content or any modified version of the Content in any way or for any other purpose unless you get our written permission first (which we rarely give). Neither may you add, delete, distort or misrepresent any content on the Optionshopper.com site. Any attempts to modify any Content, or to defeat or circumvent our security features is prohibited.
To be very specific, you are not allowed to post our Content to social networks (such as Facebook, Google+, etc.) or public galleries (such as Google Docs, Docstoc.com, Scribed.com, etc.). However, you are welcome to recommend and discuss the Content and link to the appropriate page on Optionshopper.com.
We do not transfer title of the software or Content to you. That means that we retain full and complete title to the Content and to all of the associated intellectual-property rights.
If you have any question about how you may or may not use our Content, either for personal, educational, research, non-profit, or commercial purposes, please just Contact Us. As a general rule of thumb, if you don’t think that we will agree to your request, then you are probably right. Please note, violation of this license may result in consequences in the “here-after” as well as prosecution to the full extend of the law.
Submissions
In these Terms of Use, We use the word “Submissions” to mean text, ideas, suggestions, ratings, survey responses, comments, spreadsheets, documents, files, concepts, artwork, illustrations, pictures, photos, drawings, videos, music, sound recordings, characterizations, usernames, profiles, likenesses, biographical information, and other similar material that you submit, post, upload, embed, display, share, or otherwise distribute through our website or via email you send to us.
By Submitting your content, you automatically grant to Optionshopper.com, or warrant that the owner of the content as expressly granted, the non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, fully transferable, worldwide, sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create collective or derivative works from, distribute, perform and display your content in whole or in part and to incorporate them in other works in any form, media, or technology now known or later developed, for any and all purposes including advertising, marketing, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any person or entity.
You agree to have your Submissions reviewed by us, and we reserve the right at our sole discretion to modify, to publish, or not to publish your Submissions.
You agree that you may only upload to or transmit through Optionshopper.com content that is owned by you or for which the owner has given you express permission for distribution on the Internet. You warrant and represent that you either own or otherwise control all of the rights to your Submissions, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use.
You agree that your Submission will not violate any of the Rules of Conduct described below.
It is your sole responsibility to ensure that your postings do not disclose confidential and/or proprietary information, including information covered by a nondisclosure agreement, that you are not authorized to disclose. We caution you to not disclose personal information about yourself or your children, such as social security numbers, credit card numbers, names of children, birth dates, etc.
You agree to indemnify and hold Us and Our affiliated companies harmless for any and all claims or demands, including reasonable attorneys’ fees, that arise from or otherwise relate to your use of our Services, any content you submit, or your violation of these Terms or the rights of another.
Suggestions and Ideas
We welcome comments about our products and services. However, to avoid misunderstandings, we ask that you do not send us your (or someone else’s) creative ideas unless you fully understand these Terms of Use. We ask this to avoid misunderstandings that may arise if the work of our creative staff is or ends up being similar to your (or someone else’s) work and to ensure that you realize that Submitting your ideas does not entitle you to compensation or attribution.
If your Submissions (see the previous section) contain ideas in the form of suggestions, notes, requests, drawings, concepts, or other information (collectively, the “Information”), we will not be obligated to hold these Ideas confidential. We will not be obligated to reference or acknowledge your Submission, and we will not be liable or owe any compensation to you for the use or disclosure of the Information, other than such liability that arises because of copyright, trademark, or patent laws.
If you wish to protect your ideas and communicate with us confidentially, or under a non-disclosure agreement, please contact us to set up an agreement before submitting files or communicating your ideas.
Rules of Conduct
You agree that your Submissions will not contain anything that:
is illegal, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
infringes or violates the rights of a third party including materials for which you do not own the rights to or are authorized to distribute
is commercial, business-related or advertises or offers to sell any products, services or otherwise, or includes solicitations for contributions or donations
contains a virus or other harmful component
does not pertain to the topic or theme of the relevant posting
is flaming, spamming, flooding, trolling, or griefing (terms generally understood and used on the Internet)
is intentionally inaccurate or untrue
You agree to report to us any violation of these Rules of Conduct that you encounter on our site. You also agree to not hold us responsible for the actions of others who may be in violation of these terms of use.
Accounts
If you use services on Optionshopper.com that require to create and maintain an account, you agree to provide, maintain and update true, accurate, and current information about yourself (the “Registration Information”). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s or business’s username, trademark, password or other account information, or another person’s name, likeness, image or photograph. In addition, you agree that it is your responsibility to exit from your account at the end of each session. You are especially cautioned not to log in to your account when using any computer but your own (for security reasons).
We may at our sole discretion, suspend or terminate your account and your ability to use this site or portion of the site if you fail to comply with these terms of use, infringe copyright, submit inappropriate materials or spam, or for any other reason whatsoever.
Liability Disclaimer
Optionshopper.com WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
USE OF (OR INABILITY TO USE) THE SITE
USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
ERROR ON OUR SITE
OMISSION ON OUR SITE
INTERRUPTION OF AVAILABILITY OF OUR SITE
DEFECT ON OUR SITE
DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
COMPUTER VIRUS OR LINE FAILURE
PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “CONSEQUENTIAL DAMAGES.”)
OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “INCIDENTIAL DAMAGES.”)
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH. EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.
Certain state laws may not allow us to limit or exclude liability for these “incidental” or “consequential” damages, so the above limitation may not apply to you, which would mean that you might have the right to recover these types of damages. However, in no event shall Our total liability to you for all losses, damages, injuries, or causes of action (whether in contract, tort including, but not limited to, negligence and otherwise) exceed the amount you paid if anything to access our site.
Links to Other Sites
We sometimes provide referrals to and links to other World Wide Web sites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a Optionshopper.com-operated site or have moved to another site. Optionshopper.com is not responsible for the content or practices of third party sites that may be linked to our site. When Optionshopper.com provides links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that Optionshopper.com is connected with, operates or controls these Web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any Optionshopper.com site or endorsement, sponsorship or support of Optionshopper.com, including its respective employees, agents or directors.
Termination of this Agreement
This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all Optionshopper.com Web site, along with all related documentation and all copies and installations. Optionshopper.com may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on our Web site, we do not in any way promise that the materials will remain available to you. And Optionshopper.com is entitled to terminate all or any part of any of its Web site without notice to you.
Other
If you use our site from locations outside of the United States, you are responsible for compliance with any applicable local laws.
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the United States and the State of Texas, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate Optionshopper.com and/or its affiliates’ intellectual property rights, Optionshopper.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the County of Harris, State of Texas, United States, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Houston, Texas, United States. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in the City of Houston, Texas, United States. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
Optionshopper.com may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you.