Last Updated: 11/06/2018
READ THE FOLLOWING CAREFULLY BEFORE YOU ACCESS OR USE OPTIONPOSTS.COM OR ANY AFFILIATED SITES (COLLECTIVELY, THE “SITE”), ON WHICH THESE TERMS AND CONDITIONS (THE “AGREEMENT”) ARE POSTED. BY YOUR CONTINUED USE OF THE SITE, YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER, HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT, OR YOU ARE OF THE LEGAL AGE REQUIRED TO FORM A BINDING CONTRACT IN YOUR JURISDICTION IF THAT AGE IS GREATER THAN 18 AND YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
The Agreement governs the relationship between you and OptionPosts (the “Company”). All supplemental terms and rules issued by the Company that apply to the use of the Site, including those regarding Privacy and additional Disclaimers, form an integral part of this Agreement and are incorporated herein by this reference.
If you have any questions relating to the Site or its products or services, they can be sent to the attention of our Customer Service by email to email@example.com. The publication of electronic mail addresses is to facilitate communications relating to the use of the Site and must not be inferred as consent by us to receiving unsolicited commercial electronic messages.
You understand and agree that the Site is provided by Company and may be terminated or otherwise discontinued by Company at its discretion pursuant to this Agreement.
By accepting this Agreement, you agree that you will not:
- Monitor, harvest, collect or attempt to obtain passwords or other Account information from or about other users of the Site, disclose your, or another person’s personally identifiable information;
- Impersonate another person, attempt to mislead others by indicating that you represent the Company, any of its partners, affiliates, or related companies, or express or imply that any statements that you make or actions you take are endorsed by Company;
- Download or copy any content, paid or free, except as may occur through the normal caching function of your browser and except to print and retain a copy for your own personal, non-commercial use;
- Reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content except as expressly authorized in this Agreement;
- Outside the Site, sell, advertise or post information granted to you through the Site by setting up an Account and paying your membership fee;
- Probe, scan or test the vulnerability of the Site or breach its security or authentication measures; take any action that imposes an unreasonable or disproportionately large load on the infrastructure used to deliver the Site, Company’s systems or networks, or any systems or networks connected to the Site or Company.
No Recommendations or Advice Provided
Information contained on the Site is educational in nature and designed to contribute to your overall understanding of various types of options trading and how the Company and it’s representatives apply this information to the financial markets. Company nor its representatives are not a Financial Advisor, Securities Broker-Dealer or Registered Analyst. No information contained on the Website is intended as securities brokerage, investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security or fund.
Trading of stocks, options, futures and cryptocurrencies may not be suitable for everyone and involves risks. You should consult your business advisor, legal, tax and accounting advisors concerning any contemplated transactions. By accessing the Site you acknowledge the risks involved in trading the stock, options, futures and cryptocurrency markets and acknowledge that you, the user, are solely responsible for any losses, financial or otherwise, as a result of using this Site. Company cannot and does not assess, verify or guarantee the adequacy, accuracy or completeness of any information, the suitability or profitability of any particular investment, or the potential value of any investment or informational source. You are responsible for conducting your own investment research and decisions. Company in no way warrants the solvency, financial condition, or investment advisability of any of the securities mentioned on the Site or any linked site.
U.S. Government Required Disclaimer – Commodity Futures Trading Commission
Futures, options and stock trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures, options or stock markets. Don’t trade with money you can’t afford to lose. This website is neither a solicitation nor an offer to Buy/Sell futures, options or stocks. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this website. The past performance of any trading system or methodology is not necessarily indicative of future results.
You should view our additional Disclaimers before continuing to use the Site. By accessing the Site you acknowledge and agree to the Disclaimers.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY.
The information provided in or through this Website is for educational and informational purposes only and solely as a self-help tool for your own use. Accordingly, 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. You should always check with your licensed financial advisor and tax advisor to determine the suitability of any investment.
NOT LEGAL OR FINANCIAL ADVICE.
I am not an attorney, accountant or financial advisor, nor am I holding myself out to be. The information contained in this Website is not intended to be a substitute for legal or financial advice that can be provided by your own attorney, accountant, and/or financial advisor. Although care has been taken in preparing the information provided to you, I cannot be held responsible for any errors or omissions, and I accept no liability whatsoever for any loss or damage you may incur. Always seek financial and/or legal counsel relating to your specific circumstances as needed for any and all questions and concerns you now have, or may have in the future. You agree that the information on our Website is not legal or financial advice.
You aim to accurately represent the information provided to us on or through our Website. You acknowledge that you are participating voluntarily in using our Website and that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Website, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from my Website to your life, family or business.
My role is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. I cannot predict and I do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Website.
The risk of loss in trading securities, options, futures and forex can be substantial. Options involve risk and are not suitable for all investors. Consider all relevant risk factors, including their own personal financial situation, before trading. Past results of any individual or trading system published by Company are not indicative of future returns. Any earnings or income statements or examples shown through our Website are only estimates of what might be possible now or in the future. There can be no assurance as to any particular financial outcome based on the use of our Website. Such set-ups are not solicitations of any kind or order to buy or sell a financial security and should not be construed as investment advice under any circumstances. The Company will not be held liable for losses resulting from information or advice presented in this website (or third party); the use of such information is entirely at the risk of the user. Company assume no responsibility or liability for your trading and investment results whatsoever and under any circumstances. You agree that I am not responsible for your earnings, the success or failure of your personal or business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website. You are solely responsible for your results.
Company provides the Site on a commercially reasonable basis and does not guarantee that you will be able to access or use the Site at times or locations of your choosing, or that Company will have adequate capacity for the service as a whole or in any specific geographical location.
To the fullest extent permitted by law, the Site is provided on an “as is” and “as available” basis, for use at your own risk. To the fullest extent permitted by law, Company disclaims all warranties, representations and conditions, either express or implied, including without limitation implied warranties of merchantability, non-infringement or fitness for a particular purpose, in connection with the Site or Content with which it is linked. Company does not warrant that the Site will be uninterrupted or secure, that it will be available at any particular time, free of inaccuracies, errors, omissions, viruses or other harmful components, or will be corrected if found to be defective. We reserve the right to modify and/or discontinue the Site, or access thereto, at any time without notice. To the extent that you communicate with Company representative through any source, the statements and promises made or actions taken by them shall not limit or otherwise modify the terms of this disclaimer and/or this Agreement and this disclaimer and this Agreement apply to any information provided to you through such sources.
Company does not warrant that the Site or the servers that make the Site available will work with any particular hardware or software systems or configurations.
Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimers may not apply to you to the extent prohibited.
Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Company, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Company’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Forum and Courses
The forums and courses available as part of being a paid customer. By accessing the forum and courses, you agree to the following rules:
- Do not share your logon password or username. Our system is designed to detect this immediately and suspend any account where more than one person signs on using the same username and password.
- Do not reprint, republish, repost or otherwise distribute or transmit content or images presented on this site. Unauthorized use of or copying of our content, trademarks and other proprietary materials can subject you to civil or even criminal liability. If there is something you would like to share that does not have a social sharing icon, please reach out to us first.
- No advertising, soliciting of members, trading of goods or services, or other commercial use is allowed in our forum and/or trading rooms. No bulk e-mail, junk mail or spam, chain letters, private messages or repeat postings of the same message is permitted anywhere on the forum or live trading room. Soliciting of members is strictly prohibited and will result in the immediate termination of your subscription and/or access to OptionPosts and any affiliated website. Violation of this rule can result in criminal penalties.
- Unsubstantiated income or trading claims are prohibited in the forums. CFTC and NFA rules state that you cannot post hypothetical results unless they are marked as such. You agree to provide proof with any claim of trading results posted in the trading rooms and forums. If the results are hypothetical, you must clearly state that the trades are hypothetical before discussing the results. Violation of this rule can result in criminal penalties.
- Do not post any personal information, including email address, phone number, physical address, or any other contact information in the forum.
- You must use your own name when posting to the discussion forum. Do not impersonate anyone else.
- Treat other subscribers with courtesy and respect when posting messages to the forums. No unnecessary name calling or abuse toward any subscriber is allowed. Do not use vulgarity, obscenity, profanity, ethnic slurs, hate speech, or sexually explicit language in the forums and/or trading rooms. Do not defame others or harass, abuse or threaten other subscribers and/or members in the discussion forum.
- You will not share your username and/or password with any other party.
- You will not reprint, republish, repost, or otherwise distribute or transmit content or images presented on this Site. If you would like to share something from the Site that does not contain a share icon, please contact firstname.lastname@example.org PRIOR to doing so.
- You will not advertise, solicit members, trade goods or services or otherwise use or attempt to use the forum for commercial purposes. Bulk-email, junk mail or spam, chain letters, private messages or repeat postings of the same message is not permitted in the forum or live trading rooms. Soliciting of members is strictly prohibited and will result in immediate termination of your Membership, without refund.
- You will use your own name when posting to the discussion forum and will not impersonate or attempt to impersonate any other person(s) or entity.
- You will treat other subscribers with courtesy and respect when posting messages to the discussion group. This includes, but is not limited to, refraining from vulgarity, obscenity, profanity, ethnic slurs, hate speech, or sexually explicit language that is targeted at harassing, abusing or threatening other subscribers in the discussion forum. Company has the right to remove any messages or posts it deems, in its sole discretion, to be abusive, derogatory, inappropriate or adverse to the policies defined in these Terms and Conditions.
By posting content on the Site or it’s affiliated websites, you permit Company to display and distribute the content and use it for advertising and promotion. You grant Company the complete, perpetual, non-exclusive right to use, modify, adapt, translate, distribute, sub-license or in any way use the content in whole or part, throughout the world, on a royalty-free basis.
Failure to abide by these Membership Rules can result in you being banned from the forum , your account being suspended or terminated completely, and even civil or criminal liability. Company, at its discretion, may terminate your Membership for any reason or no reason. If Company terminates your Membership, it will provide notice to you through the email address associated with your account.
Memberships may be canceled at any time by either party. If you wish to cancel, via email email@example.com
Cancellation of your Membership is not official until you receive an email confirmation from Company.
We've seen our students get results time and time again so we're proud to stand behind our content. Your satisfaction is important to us, which is why we offer a 14-day refund period for all of our programs - guaranteed, no questions asked.
After the 14-day refund period, the guarantee becomes null and void.
By using and/or purchasing any of our Programs, Products, Services or Program Materials, you understand and agree to this refund policy.
If you've read and understood this refund policy and would like to request a refund, please email us at firstname.lastname@example.org and we'd be happy to initiate the refund process.
NO REFUNDS WILL BE ISSUED AFTER 14 DAYS OF PURCHASE. NO EXCEPTIONS TO THE ABOVE POLICY.
Coupons are offered at the discretion of Company and may be granted, refused or adjusted at any time, with or without warning. Sometimes offers and discounts are made after you have purchased a Seminar, Software, Membership or Trial. It is within Company’s sole discretion to offer a coupon for the difference between your purchase price and the discounted price.
From time to time, I may promote, affiliate with, or partner with other individuals or businesses whose programs, products and services align with mine. In the spirit of transparency, I want you to be aware that there may be instances when I promote, market, share or sell programs, products or services for other partners and in exchange I may receive financial compensation or other rewards. You agree that any such promotion or marketing does not serve as any form of endorsement whatsoever. You are still required to use your own judgment to determine that any such program, product or service is appropriate for you. You are assuming all risks, and you agree that I am not liable in any way for any program, product or service that I may promote, market, share or sell on or through my Website.
By using my Website you are agreeing to all parts of the above Disclaimer. If you have any questions about this Disclaimer, please contact us.
The Site is evolving and may result in changes to the Agreement.
You understand that the Site is an evolving one. Company may require that you accept updates to the Site. Company reserves the right to change, modify, add or remove portions of this Agreement, at any time, for any reason, with or without notice to you, or to do any of the following:
- Modify, suspend, limit or terminate operation of, or access to, any portion of any feature or function of the Site or your Membership and/or any of its applicable policies or terms, including hours of availability;
- Change any fees or charges that may be related to your use of the Service;
- Change the equipment, hardware or software required to access the Service;
- Interrupt the Service, or any portion of the Service, to perform routine or non-routine maintenance, error correction or other changes.
Any changes to the Agreement will be effective immediately upon notice, which Company may provide by any means, including, without limitation, by electronic posting, which will be effective immediately. You agree to check this Agreement periodically for the new provisions that govern the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to them.
All content offered by Company on the Site, including, but not limited to, the free materials and content, Membership materials and content, seminars, software, any resources you receive through a representative of Company, and all logos, slogans, and taglines (collectively and individually, the “Content”), are protected by trademark and copyright laws.
You may not modify, publish, transmit, transfer, sell, reproduce, upload, post, perform, display, create derivative works from, or in any way exploit such Content or distribute it in any way to any other computer, server, website or other medium for publication or distribution or for any commercial purpose, except as Company expressly permits in this Agreement. Making unauthorized copies of the Content may result in the termination of your Account, prohibition to use the Site, and further legal action.
OptionPosts is CAN-SPAM compliant, which allows for you to request we stop sending you emails. Our emails contain “unsubscribe” options, which you may use to stop receiving emails from OptionPosts. If you have any issues unsubscribing from our emails, please contact email@example.com.
You agree to indemnify, defend and hold Company, its subsidiaries, affiliates, officers and employees harmless from any claim or demand, including reasonable attorneys’ and experts’ fees and costs, arising out of your use of this Site, including information made available to you through this Site or the violation of this Agreement, including any breach of your covenants or agreements hereunder. In addition, you agree to indemnify, defend and hold Company, its subsidiaries, affiliates, officers and employees harmless for any act resulting directly or indirectly from this Site, its data, content, materials, associated pages and documents.
Limitation of Liability
You expressly understand and agree that, to the full extent permitted by applicable law, Company is not liable for damages, losses and expenses of whatever nature and however arising, including without limitation direct or indirect, special, incidental, consequential, exemplary or punitive damages, losses or expenses, including but not limited to, damages for loss of profits, loss of investments, goodwill, use, data or other intangible loss, arising in connection with this Site or use thereof or inability to use by any party, or in connection with any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line of system failure, even if the Company or its representatives are advised of the possibility of such damages, losses or expenses. Access hyperlinks to or from other internet resources at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements; the content, accuracy, opinions expressed and other links provided by these resources are not endorsed by Company. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis. Your sole remedy for dissatisfaction with the Site and information on the Site is to stop using the Site.
In the event that the foregoing disclaimer of liability is held to be invalid or unenforceable, you agree that the maximum cumulative aggregate liability of the Company to you for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence and strict liability), or otherwise) at any time shall be the lesser of $100 or the aggregate cumulative amount paid by you to Company up to and including the time of the incurrence of such liability, if any, to access the Site. You agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred.
Release of Claims.
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Programs, Products, Services or Program Materials, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
Termination and Survival
If you wish to terminate your Membership, you may do so by emailing firstname.lastname@example.org. Upon our acceptance of your request, your account and any personal information will be deleted (except for that information that we are required to keep in compliance of any applicable laws).
It is hoped that should we ever have any differences, we could be able to work them out amicably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to us and include all of your reasons for dissatisfaction with your Program. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction. You also agree that this document shall be construed with the laws of Virginia.
By purchasing our Programs, Products or Services you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.
You also agree that should arbitration take place, it will be held in Fairfax, Virginia, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OR OTHERWISE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE. ADDITIONALLY, COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED $100.
Company administers and operates the Site from Fairfax, Virginia. This Agreement is governed by and construed in accordance with the laws of the State of Virginia, without reference to its choice of law principles. The venue for any dispute will be Fairfax, Virginia. THE PARTIES EACH IRREVOCABLY WAIVE THEIR RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING FROM OR RELATING TO THIS AGREEMENT.
This Agreement (including all agreements and policies referenced herein) constitutes the entire agreement between you and Company with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Company with respect to such use are hereby superseded and cancelled. Company will not accept any counter-offers to this Agreement, and all such offers are hereby categorically rejected. Your use of the Site is not intended and shall not be deemed to create any agency, joint venture or other legal relationship of any kind between you and Company other than that of independent contractors. This Agreement may not be assigned by you.
Company’s failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by Company of any provision or any right it has to enforce this Agreement, nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of this Agreement. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties.
If any provision of this Agreement is found to be illegal, void or unenforceable, then: (i) such provision (or portion thereof as applicable) will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of this Agreement will remain in full force and effect. Notwithstanding the foregoing, if any provision of this Agreement which is held null, void or otherwise ineffective or invalid by a court of competent jurisdiction cannot be restated by such court to reflect as nearly as possible the original intentions of the parties, then that provision shall be deemed severable from this Agreement.