PERFORMANCE FIGURES are based on actual recommendations made by (OF). Due to the time critical nature of stock, options and futures trading, brokerage fees, and the activity of other subscribers, (OF) cannot guarantee that subscribers will mirror the exact performance stated on our track records or promotions. Performance numbers shown are based on trades subscribers could enter based on our guidelines. Past results are not indicative of future performance. No subscriber or potential subscriber should assume or expect that future performance of any investment or strategy will be profitable or equal historical or anticipated performance levels. The information contained in (OF)newsletter services is intended for use solely by individual subscribers and is not offered to institutional investment organizations.
• LIMITATION ON OptionFundamentals.com (OF) LIABILITY To the extent not prohibited by law, each subscriber and potential subscriber agrees, as a condition precedent to accessing or using (OF’s) website or receiving information provided by (OF), to release and hold harmless (OF) and its directors, officers, shareholders, employees and agents from any and all liability in connection with accessing or using (OF’s) website or receiving information provided by (OF). In all other cases, (OF’s) liability to a subscriber, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages of the subscriber, not to exceed the fees received by (OF) from the subscriber. (OF) will not be liable for any consequential, incidental, punitive, special, exemplary or indirect damages resulting directly or indirectly from the use of or reliance upon any material provided by (OF) or derived from (OF’s) website. Without limitation, (OF) shall not be responsible or liable for any loss or damages related to, either directly or indirectly, (1) any decline in market value or loss of any investment; (2) a subscriber’s inability to use or any delay in accessing (OF) website or any other source of material provided by (OF); (3) any absence of material on (OF) website; (4) (OF’s) failure to deliver or delay in delivering any material or (5) any kind of error in transmission of material. (OF) and each subscriber acknowledge that, without limitation, the above-enumerated conditions cannot be the probable result of any breach of any agreement between (OF) and the subscriber.
ACKNOWLEDGEMENT AND AGREEMENT
This Agreement is effective unless and until terminated by either you or (OF). You may terminate this Agreement at any time. (OF) may terminate this Agreement at any time and without notice and accordingly deny you access to this Website, in its sole discretion for any reason, including your failure to comply with any term or provision of this Agreement.
OptionFundamentals.com makes no representations or warranties about the accuracy or completeness of the information contained on this website. Any links provided to other server sites are offered as a matter of convenience and in no way are meant to imply that OptionFundamentals.com endorses, sponsors, promotes or is affiliated with the owners of or participants in those sites, or endorses any information contained on those sites, unless expressly stated. This Agreement shall be construed in accordance with the laws of the United States of America and you are deemed to have irrevocably consented to the jurisdiction of the courts thereof. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on OptionFundamentals.com Website, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise the terms and conditions herein shall control. You agree to indemnify, defend and hold OptionFundamentals.com and its officers, directors, owners, agents, information providers and licensors harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any party in connection with any use or alleged use of OptionFundamentals.com Website with or without your password by any person, whether or not authorized by you.
Nothing published by OptionFundamentals.com should be considered personalized investment advice. Although the (OF) team may answer your general customer service questions, they are not licensed under securities laws to address your particular investment situation. No communication by the (OF) team to you should be deemed as personalized investment advice.
• DISCLAIMER OF WARRANTY ANY AND ALL INFORMATION PROVIDED BY (OF) OR DERIVED FROM WEBSITE IS PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
• BROKERS: (OF) is not affiliated with any brokerage firm and does not endorse or recommend any specific brokerage firm. (OF) is not and will not be responsible for any trades made by a broker on the subscriber’s behalf under any circumstances.
• ACKNOWLEDGEMENT AND AGREEMENT Notwithstanding any other agreement or other communications between (OF) and Subscriber to the contrary, receipt or use of any material provided by (OF), at any time and through any means, whether directly or indirectly, represents acknowledgement by such person of this disclaimer and agreement with its terms and conditions.
Subscription Information: You will provide OptionFundamentals.com with accurate and complete registration information and advise us promptly of any changes. If you do not, you will be in breach of this Agreement allowing us to immediately terminate your subscription and use of the Service. When you register, you will receive a user name and password which we may assign or allow you to select. You may not select a user name which violates anyone’s rights or one, in our sole discretion, we consider offensive, improper or inappropriate. If you do, we have the option to modify or deleteit.
All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was first charged. Once you provide OptionFundamentals.com your credit card information, you authorize OptionFundamentals.com to automatically charge your credit or debit card for charges that apply to your account. Please note that due to processing costs we have a no refund policy beyond our stated guarantee. Your credit card will be charged as a recurring newsletter subscription monthly until you notify (OF) that you want to cancel by sending an email to [email protected]
All services’ fees will be automatically collected from the credit card you provide to us. You are responsible for updating credit card information that we have on file for you in the event that this information changes or becomes invalid. In the event a user fails to provide us with correct credit card information and we are unable to collect subscription fees on time, your account will be suspended. We reserve all rights to suspend any user’s access to services, without prior notice. Upon receipt of payment and re-activation any and all discounts that may have been applied to the account will no longer be valid or accepted. In the event a user’s account is suspended, upon receipt of payment and re-activation, any and all service time that was lost due to the suspended period will not be re-applied to your account, and the billing period will continue as was originally established on the account.
Due to the proprietary nature of our service, we do not offer refunds. If you are unhappy with the service, you may cancel immediately and your membership will terminate at the end of the term for which you applied. However, your credit card will be charged as of the first day of your membership and no refund will be given. The credit card companies have a copy of our customer agreement on file to prevent chargebacks.