(Last Updated: October 19, 2018)
Options Profits Daily (“Options Profits Daily”, “Company” “we,” or “us”) provides its web site, (together with all other websites and services operated by or on behalf of Options Profits Daily and its affiliates., the “Site”), to you, an individual user (“you”) for your individual usage, subject to compliance with the terms and conditions set forth herein.
Please read carefully, and note our MANDATORY ARBITRATION PROVISION and WAIVER OF CLASS ACTION PROVISION.
You affirm that you are over the age of 18, as the Site is not intended for children under 18. If it comes to Options Profits Daily attention through reliable means that a registered user is a child under 18 years of age, Options Profits Daily will cancel that user’s account.
2. Changes to the TOU
We reserve the right at any time to:
Options Profits Daily may modify the Site at any time without prior notice, and you accept those modifications if you continue to use the Site. You should check the Site frequently to see recent changes.
3. Important Securities Disclaimer
You understand that no content published on the Site constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the bloggers, information providers, or their affiliates are advising you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter.
To the extent that any of the content published on the Site may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person.
You understand that an investment in any security is subject to a number of risks, and that discussions of any security published on the Site will not contain a list or description of relevant risk factors.
In addition, please note that some of the stocks about which content is published on the Site have a low market capitalization and/or insufficient public float. Such stocks are subject to more risk than stocks of larger companies, including greater volatility, lower liquidity and less publicly available information. Blogs, postings or content on the Site which may or may not be deemed by you to be recommendations may have an effect on their stock prices.
You understand that the Site may contain opinions from time to time with regard to securities mentioned in other Options Profits Daily blogs or products, and that opinions in one blog or product may be different from those in another blog or product. You understand and agree that, although we require all employees to disclose every stock in which they, their immediate family, or any entity under their control, have a personal interest, if such stock is mentioned in a blog, post, or content which they write, non-employees, including outside bloggers or other content contributors or their affiliates may write about securities in which they or their firms have a position, and that they may trade for their own account, and that they may or may not be subject to a disclosure policy.
While the Company will not engage in front-running or trading against its own recommendations, The Company and its managers and employees reserve the right to hold possession in certain securities featured in its communications. Such positions will be disclosed AND will not purchase or sell the security for at least two (2) market days after publication.
You understand that performance data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.
From time to time, reference may be made on our Site to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
All content on the Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
Forward-Looking Statement. As defined in the United States Securities Act of 1933 Section 27(a), as amended in the Securities Exchange Act of 1934 Section 21(e), statements in this communication which are not purely historical are forward-looking statements and include statements regarding beliefs, plans, intent, predictions or other statements of future tense.
Past Performance is Not Indicative of Future Results. Investing is inherently risky. While a potential for rewards exists, by investing, you are putting yourself at risk. You must be aware of the risks and be willing to accept them in order to invest in any type of security. Don’t trade with money you can’t afford to lose. This is neither a solicitation nor an offer to Buy/Sell securities. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this Site. The past performance of any trading system or methodology is not necessarily indicative of future results.
CFTC RULE 4.41 – HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.
All trades, patterns, charts, systems, etc., discussed in this message and the product materials are for illustrative purposes only and not to be construed as specific advisory recommendations. All ideas and material presented are entirely those of the author and do not necessarily reflect those of the publisher. No system or methodology has ever been developed that can guarantee profits or ensure freedom from losses. No representation or implication is being made that using the methodology or system will generate profits or ensure freedom from losses. The testimonials and examples used herein are exceptional results, which do not apply to the average member, and are not intended to represent or guarantee that anyone will achieve the same or similar results.
4. No Investment Recommendations or Professional Advice
The Site is not intended to provide tax, legal, insurance or investment advice, and nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by Options Profits Daily or any third party. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.
The U.S. Securities and Exchange Commission has published information on various types of Cyberfraud. FINRA has provided insights into how to invest carefully and NASAA also provides tips on how not to avoid online investment schemes. The SEC, FINRA and the NASAA maintain outstanding websites at http://www.sec.gov and http://www.finra.org, and http://www.nasaa.org respectively.
5. Copyright, Linking Policy and Trademarks
The Site and the content contained herein, as well as all copyrights, including without limitation, the text, documents, articles, products, software, graphics, photos, sounds, videos, interactive features, services, links, User Submissions (as defined below), third-party Apps, and any other content on the Site (“Content”) and the trademarks, service marks and logos contained therein are the property of Options Profits Daily and its third-party licensors or providers. You may access and use the Content, and download and/or print out copies of any content from the Site, solely for your personal, non-commercial use. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by using the Site. Options Profits Daily reserves all rights not expressly granted in and to the Site.
You may link to any content on the Site. If you are interested in reprinting, republishing or distributing content from Options Profits Daily, please contact Options Profits Daily to obtain written consent. All trademarks, service marks, and logos used on our Sites are the trademarks, service marks, or logos of their respective owners.
This section shall survive any termination of these TOU.
6. User Conduct
You may not use, copy, display, sell, license, de-compile, republish, upload, post, transmit, distribute, create derivative works or otherwise exploit Content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission in advance of such use. 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.
In addition, in connection with your use of the Site and its services (including by sending private messages to other registered users of the Site), you agree not to:
You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and the content made available therein. In order to access some of the services of the Site, you will have to create an account. By creating this account you agree to the following:
You will be liable for any use made of your account or password and the losses of Options Profits Daily or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account. Options Profits Daily has sole discretion, the right to refuse service or terminate your access to the Site, for any reason.
7. Overview of Posting Content; Monitoring Content
The Site permits the submission of Content by users of the Site, including without limitation comments, articles, links, private messages sent to other registered users through the Site’s messaging system, and including from those who give permission to Options Profits Daily to post their Content (“User Submissions”) and the hosting, sharing and publishing of such User Submissions on the Site. Options Profits Daily has sole discretion and without further notice to you, to monitor, censor, edit, move, delete, and/or remove any and all Content posted on its Site or any Content transmitted by direct messaging or by any other method to or from your Options Profits Daily user account at any time and for any reason. Without limiting the foregoing, Options Profits Daily has the right to delete any comment or Content that it believes, in its sole discretion, does or may violate the TOU of the Site by you.
Options Profits Daily will not allow online harassment of any sort, by using any services on the Site you agree to not post any information used to harass or intimidate others including but not limited to:
Options Profits Daily encourages civil, thought-provoking debate and idea-sharing among investors and stock-market followers. In order to maintain a level of discourse appropriate to our user base, we are strongly opposed to trolling, uncivilized discussion, mudslinging, inappropriate language, and blanket dismissal of others’ ideas. At our discretion, we may delete comments, and block/delete accounts of users we believe lower the level of discourse and courtesy we strive to engender.
Moderating decisions are subjective, and we strive to make them carefully and consistently. Due to the volume of content, we cannot review moderation decisions with users and will not reverse decisions.
Our blogs and Content are intended to serve as a discussion center for thoughtful users who make their own investment decisions, with or without the help of a broker. They are not the place for stock touters, cheerleaders or hypesters. We strongly encourage all participants to disclose any positions they have in stocks being discussed, however due to the volume of content, we do not verify users positions in stock holdings.
Without derogating from the above, Options Profits Daily, at their discretion, may refrain from posting or remove User Submissions that violate these standards or which are otherwise inappropriate. These standards are designed to ensure that the dialogue on the Site is credible, responsible, intelligent and informative. We cannot guarantee that users will tell the truth, and we will not monitor the veracity of names and positions or the content of any posts. However, by setting out the above guidelines, we hope to raise the credibility of the discussion and foster a spirit of open, honest exchanges of information.
If an author has a business relationship with a company named in an article that he or she has authored, that relationship must be fully and accurately disclosed.
If you have any comments on our policies, or complaints or concerns of any kind about any posts, please contact us. We will review all of the information that you communicate to us, but we may not be able to take action or respond directly to each email.
8. User Submissions; Online Rules of Conduct
When you post any User Submission on the Site or give Options Profits Daily permission to post your Content, you agree to:
Options Profits Daily will use commercially reasonable efforts to attribute material User Submissions to the author.
When you post any User Submission on the Site, you also agree to abide by the following disclosure rules:
Maintain and promptly update your registration data to keep it true, accurate, current and complete.
You agree to not:
We reserve the right to access, read, preserve, and disclose any User Submissions (whether published or not) or any other information we believe is reasonably necessary to (a) comply with any applicable law, regulation, legal process, subpoena or governmental or regulatory request, (b) enforce these TOU, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Options Profits Daily, its users, yourself or the public.
10. Disclaimer of Warranties
THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OPTIONS PROFITS DAILY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR SITE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
OPTIONS PROFITS DAILY AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF OPTIONS PROFITS DAILY OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
11. Limitation of Liability
NEITHER OPTIONS PROFITS DAILY NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH OPTIONS PROFITS DAILY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO OPTIONS PROFITS DAILY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE OR ANY SERVICES, DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
As a condition of your use of the Site, 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; (c) your violation of the rights of any third party, or (d) any claim that one of Your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these TOU and your use of the Site.
You understand and agree that Options Profits Daily may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violators of third party copyrights or other intellectual property.
14. Copyright Policy
Options Profits Daily respects the intellectual property of others, and we ask our users to do the same. Options Profits Daily may, in appropriate circumstances and at its sole discretion, terminate the account or access of users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information:
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
15. Additional Terms that Apply to Paid Subscriptions
By subscribing to subscription products (the “Subscription”), you agree to pay the applicable Subscription fees set forth on the Site. Options Profits Daily reserves the right to revise Subscription fees upon reasonable notice.
We remind you that all the rules of the TOU apply to your Subscriptions.
Unless we notify you in writing otherwise, you are not permitted to share Content available through your Subscriptions.
Unless stated otherwise in writing, Subscription fees are nonrefundable.
The Site is directed solely to individuals residing in jurisdictions in which provision of the Site’s content is legal. We make no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
17. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California. You hereby consent to binding arbitration in the State of California to resolve any disputes arising under this Terms and Conditions.
18. ARBITRATION OF DISPUTES
NOTICE: BY USING THIS SITE YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THIS SITE.
19. CLASS ACTION WAIVER
20. ATTORNEYS’ FEES