Terms of Service
Last modified: October 4th, 2020
2. Use of the Service
2.1 You certify that the information you provide to the Service is accurate and complete. You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify Company immediately. Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue the Service, or any portion of the Service, at any time without notice.
2.2 You are prohibited from:
- (a) violating or attempting to violate the security of the Service;
- (b) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; or
- (c) using or attempting to use any software, tool, agent or other device or mechanism (except the search mechanisms provided by Company or other third party web browsers) to navigate, search, or "scrape" the Service.
- (d) sharing access to your account with anyone else;
- (e) redistributing any securities pricing data you receive through the Service;
Violating any of the above requirements, such as scraping our API or sharing your account, will result in (but is not limited to) your access being revoked.
2.3 To access live data, you must agree to additional terms presented in our subscriber agreement upon signing up for live data. You may view a copy of your signed agreement in your account dashboard.
3. Content Submission
3.1 Company allows users to submit content when sharing saved trades (“Content”).
3.2 By submitting Content, you warrant that (a) you are the sole author and owner of the Content; and (b) use of any Content you supply will not violate any term of this Agreement and will not cause injury to any person or entity.
3.3 On submitting Content to the Service, you thereby grant, or warrant that the owner of such Content has expressly granted Company, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. Company may sublicense its rights under this Section 3.3 through multiple tiers of sublicenses. You should not submit any Content to us that you cannot or do not wish to license to us under this Section 3.3. Company is and will be under no obligation (a) to maintain any Content in confidence; (b) to pay any compensation for any Content; or (c) to respond to any user Content. You grant Company the right to use the name that you submit in connection with any Content.
3.4 You represent and warrant that you will not submit the following Content:
- (a) Content that is false, inaccurate, or misleading;
- (b) Content that contains your full name(s), or any other confidential identifiable information of yourself or others;
- (c) Content that violates any local, state, federal, or international laws;
- (d) Content that infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights;
- (e) Content that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity;
- (f) Advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from Company in its sole and absolute discretion;
- (g) Content that is related to any "Pump-and-dump" scheme, is intended to manipulate the market, or intended to defraud any entity;
- (h) Content that impersonates another business, person or entity, including Company, its affiliates, employees and agents;
- (i) Content that contains viruses or other harmful computer code;
- (j) Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals;
- (k) Content that you were compensated or granted any compensation by any third party to submit to the Service unless except with the prior written consent of Company in its sole and absolute discretion; or
3.5 Although Company cannot monitor all Content, you understand that Company will have the right, but not the obligation, to monitor the Content of the Service to determine compliance with this Agreement and any other operating rules that may be established by Company from time to time. Company will have the right, in its sole discretion, to edit, move, delete, or refuse to post any Content submitted, to or posted on, the Service for any reason, including violation of this Agreement. Notwithstanding this right of ours, you are solely responsible for any Content you submit and you agree to indemnify Company and its affiliates, officers, employees, agents, suppliers or licensors from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to any Content you submit.
4. Third Party Sites
4.1 References on the Service to any names, marks, products, or services of third parties, or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. Company is not responsible for the content of any third party linked site or any link contained in a linked site. Your use of a third-party site linked from a Company Site is at your own risk and will be governed by such third party’s terms and policies.
5. Purchase Acceptance; Billing; Auto-Renewal
5.1 All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in subscription cancellation. Before accepting a purchase we may also request additional information from you. We reserve the right to refuse or cancel a subscription for any reason including inaccuracies or errors in product or pricing information, or credit and fraud avoidance concerns. If your purchase is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other payment account, as applicable) in the amount of the charge. We will contact you if all or any portion of your purchase is canceled or if additional information is required to accept your order. Company may request a pre-authorization for some purchases placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
5.2 By confirming your purchase at the end of the sign up process or when modifying your subscription details, you agree to accept and pay for the subscription. You agree that until and unless you terminate the subscription, you will be billed on an automatically recurring basis to prevent any disruption to that subscription, using the payment method information provided to us.
6. Promotional Codes
Promotional codes are limited in nature and may expire or discontinue with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise offered. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.
7. Information Provided by the Service
Company and our users post a variety of material on the Service including calculations, posts, opinions, and other information (collectively, “Materials”). The Materials are for educational and informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you have found on the Service, you should confirm any facts that are important to your decision. Company and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the Materials. Company is not a registered investment advisor with any government agency and the Materials do not constitute investment advice. Investing in options carries substantial risk, and past results are not indicative of future returns. We recommend that you perform your own research and fully understand the risks and characteristics of options trading before engaging in options trading or other investment activities. COMPANY, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.
8. Intellectual Property
11.1 All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the “IP”) are owned, controlled or licensed by Company, one of its affiliates or by third parties who have licensed their materials to Company and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on the Service for your personal, non-commercial use; provided, however, that you (a) retain all copyright, trademark or other proprietary designations contained on all IP; (b) do not modify or alter the IP in any way; and (c) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Service or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the Service or any related software. All software used on the Service is the property of Company or its suppliers and protected by U.S. and international copyright laws, trade secret laws and other legal rights. The compilation (meaning the collection, arrangement, and assembly) of all IP on the Service is the exclusive property of Company and is also protected by U.S. and international copyright laws.
11.2 OptionStrat and all Company names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Service are trademarks or trade dress of Company in the U.S. and other countries. All other marks appearing on the Service are the property of their respective owners.
You agree to defend, indemnify, and hold harmless Company and its affiliates, officers, employees, agents, suppliers or licensors from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Service or any breach by you of this Agreement or applicable law.
This Agreement is effective unless and until terminated by either you or Company. You may terminate this Agreement at any time, provided that you discontinue any further use of the Service. Company also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Service in Company’s sole and absolute discretion. Provisions of this Agreement that, by their nature, apply after termination of this Agreement, will survive termination, including Sections 3, 7 – 15, 17 and 18.
THE SERVICE IS PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THE SERVICE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY IS MADE REGARDING THE RESULTS OF USE OF THE SERVICE, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS IN SERVICE WILL BE CORRECTED, OR THAT THE SERVICES' FUNCTIONALITY WILL MEET ANY REQUIREMENTS. YOU ARE RESPONSIBLE FOR AND MUST PROVIDE ALL HARDWARE, SOFTWARE, SERVICES AND OTHER COMPONENTS NECESSARY TO ACCESS THE SERVICE. COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, OR ASSURANCES THAT YOUR HARDWARE, SOFTWARE AND OTHER SERVICES AND SYSTEMS WILL BE COMPATIBLE WITH THE SERVICE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICE, THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW SUCH DISCLAIMERS, SO SOME OR ALL OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
13. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, WILL COMPANY OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
Our address for any notices under this Agreement is as follows: [email protected]
14. Governing Law, Arbitration
Any disputes between the parties arising out of or relating to the Agreement (“Disputes”) will be governed by the Federal Arbitration Act, applicable federal law and Florida law regardless of your location and notwithstanding of any conflicts of law principles. Except for Disputes relating to intellectual property rights, any Disputes will be resolved exclusively by final and binding arbitration under the rules and auspices of the American Arbitration Association, in English, with a written decision stating legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration costs and reasonable documented attorneys’ costs of both parties to be borne by the party that ultimately loses. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction. If there is more than one Dispute between the parties, all such Disputes may be heard in a single arbitration under this Section 14. Except to the extent required by applicable law that cannot be waived or modified by this Agreement, Disputes under this Agreement may not be consolidated into a single arbitration proceeding with disputes between the Company and other persons, even if those disputes are governed by an arbitration proceeding similar or identical to this Section 14 and even those other persons are similarly situated and their disputes are similar or identical in the nature to a Dispute under this Agreement. Any arbitration hearings or conferences pursuant to this Section 14 will be conducted exclusively by means of conference telephone or other communications technology, as reasonably determined by the arbitrator, by means of which all persons participating in those hearings or conferences can hear each other, and neither the parties, the arbitrator or any attorneys, witnesses or other representatives of the parties will be required to be physically present in any particular place for purposes of any hearing or conference.
You will not assign, transfer or delegate its rights or obligations under this Agreement to any third party without Company’s prior written consent. For the purposes of this Agreement, any sale or transfer by you of all or substantially all of its stock or assets or by merger or otherwise by operation of law is considered an assignment, requiring Company’s express written consent. Company may freely assign this Agreement or transfer any of its interest herein, including to any Company affiliate, to a purchaser of all or substantially all of Company’s assets, and to a successor in interest of Company as part of a corporate reorganization, consolidation or merger. This Agreement and each of the provisions hereof will inure to the benefit of and be binding on each party’s successors, administrators and permitted assigns.
Company may revise this Agreement from time to time and the most current version will always be posted on the Service. If a revision, in our sole discretion, is material, Company may, but has no obligation to notify you, including by postings to relevant Company blogs, so please check those pages regularly. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must cease using the Service and terminate your account using the process provided on the Service for terminating a customer account.
17. Definitions and Construction
Capitalized terms in this Agreement have the meanings indicated in this Agreement unless the context otherwise requires, which meaning will be equally applicable to both the singular and plural forms of those terms. In this Agreement, unless a clear contrary intention appears (a) ”Section” refers to sections of this Agreement; (b) ”including” (and with correlative meaning “include”) means including without limiting the generality of any description preceding such term, and (c) any reference to a consent, determination or other exercise of discretion by Company, unless expressly provided to the contrary, means a determination or exercise of discretion in Company’s sole and absolute discretion
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