THIS AGREEMENT WAS LAST UPDATED ON JANUARY 12, 2015.
OptionMonster, a wholly owned subsidiary of Aperture Group, LLC (hereinafter "OptionMonster"), provides its registered members with a number of benefits, including access to selected articles, webcasts, weekly newsletters, and selected tools from third parties and other services (collectively, the " Membership Services"), free of charge, for their individual usage, subject to compliance with the terms and conditions set forth herein.
Additionally OptionMonster reserves the right at any time to: Change the Membership Service, including eliminating or discontinuing any content or feature of the Membership Service; or impose fees, charges or other conditions for use of the Membership Service (with reasonable notice).
REGISTRATION AND PRIVACY
As a member of the OptionMonster.com web site, you also have certain other obligations relating to your account:
- You may not transfer or resell your use of or access to the Membership Services to any third party;
- You are responsible for all activities that occur under your account;
- You are responsible for maintaining the confidentiality of your User Name and password; and
- You agree to notify us at media-support AT OptionMonster.com if you become aware of any possible unauthorized use(s) of your account or any possible breach of security, including loss, theft, or unauthorized disclosure of your User Name or password.
When using the Membership Services you may not republish, upload, post, transmit or distribute content available through the Membership Services to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.
You must abide by the following rules in connection with your use of the Membership Services:
- You agree not to violate any applicable local, state, national or international law in connection with your use of the Membership Services. This includes, among other things, any securities law or regulation.
- You agree not to restrict or inhibit any other visitor from using the Membership Service, including, without limitation, by means of "hacking" or defacing any portion of any of our web sites;
- You agree not to express or imply that any statements you make are endorsed by us, without our prior written consent;
- You agree not to modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of OptionMonster's web site or the Membership Services;
- You agree not to "frame" or "mirror" any content available through OptionMonster's web site and the Membership Services without our prior written authorization;
- You agree not to use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the content available through OptionMonster's web sites or the Membership Service; or
- You agree not to harvest or collect information about users of the Membership Services without their express consent.
- You agree not to login to OptionMonster.com from more than one computer at the same time.
Certain areas of this OptionMonster.com web site available through the Member Services enable you to access online forums where you can post messages ("comments") and read messages posted by other users (the "Forums"). Some of the Forums topics are selected by OptionMonster and others are created by users. The Forums are a free service provided to users of OptionMonster. OptionMonster does not endorse, and specifically disclaims any responsibility or liability for, any content posted on the Forums, whether the topic is first selected by OptionMonster or a user. By posting a message in the Forums, you agree to be bound by the following terms and conditions. If you do not want to be bound by these terms, then do not use the Forums.
You must abide by the following rules in connection with your use of the Membership Services:
- You agree to post only messages that relate to the subject matter of the Forum;
- You agree not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- You agree that your name will be displayed to other users of the Forums. OptionMonster will display the full name (i.e., first and last) which you provided when you registered to use the site or purchased a premium service, unless you specifically request to change this name and are granted permission to do so by us.
- You agree not to impersonate any person or entity, including, for example, an OptionMonster employee or officer, a forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You agree not to post messages that contain material that is inappropriate, profane, defamatory, infringing, obscene, or indecent. This includes any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You agree to give attribution to others when you quote or paraphrase materials owned by others, and to limit your quotations to no more than 50 words;
- You agree not to upload files, or cause users to upload files, that contain viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of another's computer;
- You agree not to advertise or promote any goods or services in the Forums. This includes, among other things, "junk mail", "spam", "chain letters", and "pyramid schemes;"
- You agree not to solicit or contact other members in order to offer for sale any products or services, or to engage in any prospective or current business communications with members, through the Forums or by using the Membership Services;
- You agree not to conduct contests or distribute chain letters through the Forums;
- You agree not to violate any applicable local, state, national or international law in connection with your use of the Forums. This includes, among other things, any securities law or regulation; and
- By posting a message, uploading a file, or engaging in any other form of communication through a Forum, you are granting OptionMonster a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell any such messages, files or communications.
You agree to indemnify and hold OptionMonster and its affiliates and their respective, officers, directors and employees harmless from any claims, damages, losses or costs (including reasonable attorney's fees) that arise out of any of your postings and any material contained therein.
LINKS TO THIRD PARTY SITES
This OptionMonster.com web site contains hyperlinks to web sites operated by unrelated or related parties other than OptionMonster. Such hyperlinks are provided for your reference and convenience only. OptionMonster does not control these sites and is not responsible for their contents or policies. You agree not to hold OptionMonster responsible for the content or operation of such web sites. A hyperlink from this OptionMonster.com web site to another web site does not imply or mean that OptionMonster endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from this OptionMonster.com web site. This web site may contain descriptions of and references to products, services, and firms. These references do not imply our endorsement of those products, services or entities. Under no circumstances shall any of our providers be liable for any loss or damage caused by your reliance on or exposure to information obtained from or contained on the web site. Rather, you are responsible to evaluate the information, advice, and other content available through the web site and any products, services or firms referenced here.
COPYRIGHT, TRADEMARKS AND LIMITATIONS ON USE
The content displayed on this OptionMonster.com web site (the "Content") including the content available through Membership Services is the property of OptionMonster or its licensors and is protected by U.S. and international copyright and other intellectual property laws. The Content includes for example, stories, tools, calculators and other items displayed on the site. This OptionMonster.com web site and the Content may only be used for your personal and noncommercial use. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the Content to anyone, including but not limited to others in your company or organization, without the express prior written consent of OptionMonster, with this one exception:
You may, on an occasional and irregular basis, disseminate an insubstantial portion of content from this OptionMonster.com web site, for a noncommercial purpose, without charge, and transmitted in non-electronic form, to a limited number of individuals, provided you include all copyright and other proprietary rights notices with such portion of the content in the same form in which the notices appear in this OptionMonster.com web site, original source attribution, and the phrase "Used with permission from OptionMonster." You may not post any content from this OptionMonster.com web site to newsgroups, mail lists, electronic bulletin boards or other web sites, without the prior written consent of OptionMonster.
The terms "OptionMonster" and "OptionMonster.com," and other marks and logos displayed on the web site (excluding those identified as the property of third parties), are trademarks and service marks of OptionMonster and may not be used without its express written permission.
This OptionMonster.com web site includes facts, views, opinions and recommendations of individuals and organizations deemed of interest. OptionMonster and its Content licensors are not giving investment advice, tax advice, legal advice, or other professional advice. OptionMonster believes its content and services to be useful, but cannot guarantee accuracy or completeness. For example, the display of stock quotes may be delayed by 20 minutes as required by stock exchanges or other information providers. Therefore OptionMonster and its Content licensors do not guarantee or warrant the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions and recommendations or advocate the purchase or sale of any security or investment. You should always seek the assistance of a professional for advice on investments, tax, the law, or other professional matters
As regards trading, both options and futures involve significant risk of loss and is not suitable for everyone. Nothing published on this site shall be considered a recommendation to purchase or trade the contracts discussed.
OptionMonster.com provides general financial information designed to educate broad segments of the public. OptionMonster.com's interactive features are an educational and informational service designed to help users identify savings and investment strategies that can help them meet their financial goals. They do not take into account all of the unique circumstances that may affect a user's financial decisions, and nothing contained herein should be considered personalized investment advice that is tailored to the individual needs of users. The results obtained by using these features should not serve as the sole or primary basis for making investment decisions. Users should consult their financial advisors to develop a personalized plan that takes into account their individual needs and circumstances.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by OptionMonster or one of its subsidiaries infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see www.loc.gov/copyright/ for details. Notices and counter-notices with respect to our web site should be sent to Tim Lavender, Esq., Kelley Drye & Warren LLP, 333 West Wacker Drive, Suite 2600, Chicago, Illinois 60606 or email: media-support AT OptionMonster.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
DISCLAIMER OF WARRANTIES AND LIABILITY
Due to the number of sources from which content in this OptionMonster.com web site is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and this OptionMonster.com web site. OptionMonster AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THIS OptionMonster.COM WEB SITE, OR THIS OptionMonster.COM WEB SITE ITSELF. NEITHER OptionMonster NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THIS OptionMonster.COM WEB SITE, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THIS OptionMonster.COM WEB SITE AND ANY CONTENT THROUGH THIS OptionMonster.COM WEB SITE. IN NO EVENT WILL OptionMonster, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THIS OptionMonster.COM WEB SITE. OptionMonster AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OptionMonster makes no representations that the materials provided are appropriate, available or useful in locations outside the U.S. Anyone who elects to use this web site from other locations do so at their own risk and are responsible to comply with all local laws and rules that apply. Some states do not allow the disclaimer of implied warranties, so the above disclaimers may not apply to you in all instances.
None of OptionMonster's staff, consultants, contractors, or third-party content providers shall be liable for damages arising out of or in connection with the use of this web site. UNDER NO CIRCUMSTANCES SHALL OptionMonster OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEB SITE, including, but not limited to, damages due to: loss of data, income or profit; loss of or damage to property; claims of third parties; reliance by a user on information obtained from OptionMonster or any linked site; errors, omissions or interruptions; deletion of files or email; defects, viruses, delays in operation or transmission or any failure of performance; communications failure; and theft, destruction, or unauthorized access to OptionMonster's records, programs or services. You agree that this paragraph shall apply to all content, merchandise, and services available through the web site. Some states do not allow the exclusion or limitation of consequential or incidental damages, so the above limitations may not apply to you in all instances.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TOU; (b) your use of the Site; or (c) your violation of the rights of any third party.
MISCELLANEOUS LEGAL TERMS
This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Illinois, without regard to its conflict of laws rules or choice of law provisions, as if the Agreement was a contract wholly entered into and wholly performed within the State of Illinois. You and OptionMonster hereby expressly consent to the exclusive jurisdiction of the state or federal courts of Cook County, Illinois, U.S.A. for all disputes arising out of this Agreement. If OptionMonster prevails in such dispute, it shall be entitled to recover, in addition to such damages as may be found by the courts, its reasonable attorneys' fees and costs, including those related to or arising out of any injunctive proceedings.