OPTIONCOLORS TERMS OF SERVICE FOR ONLINE ACCESS IN THE UNITED STATES
Last Updated: May 16, 2016
Thank you for selecting the Services offered by Optioncolors Inc. and/or its third party affiliates (referred to as “Optioncolors”, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you, a natural person (“you” or “User”) and Optioncolors. By accepting electronically (for example, clicking “I Agree”), accessing or using the Services, you agree to these terms. If you do not agree to this Agreement, then you may not use the Services.
A. GENERAL TERMS
This Agreement describes the terms governing your use of the Optioncolors online services provided to you on this website, including content, updates and new releases, (collectively, the “Services”). It includes by reference:
- Optioncolors’ Privacy Statement provided to you in the Services available on the website or provided to you otherwise.
- Additional Terms and Conditions, which may include those from third parties.
- Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.
Optioncolors makes no investment recommendations and does not provide financial, tax or legal advice. Content and tools are provided for educational and informational purposes only. Any stock, options, or futures symbols displayed are for illustrative purposes only and are not intended to portray a recommendation to buy or sell a particular security. Products and services intended for U.S. customers and may not be available or offered in other jurisdictions.
Please be advised: this Agreement contains provisions that govern how claims that you and we have against each other are resolved (see Section 14 “Disputes / ARBITRATION”). It contains an agreement to arbitrate, which will, with limited exceptions, require you to submit claims you have against us to binding and final arbitration.
Please be advised: there can be significant risk of losses in trading securities and options, and options, in particular involve risks that are not suitable for everyone. (See: OPTIONS TRADING LEGAL NOTICE & DISCLAIMER at section 9., below.)
Minors: We do not provide information or Services to minors, and, if you are under 18 years old you may only use this site with the permission and active involvement of a parent or guardian.
2. LIMITATIONS ON USE OF THE SERVICES AND WEBSITE.
2.1 The Services are protected by copyright, trade secret, patent, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by Optioncolors. Optioncolors reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, Optioncolors grants to you a personal, limited, nonexclusive, nontransferable right and license to access and use the Services. You may not have multiple Users, and only that natural person who registers as a User and accepts this Agreement is receiving access and use rights to the Services.
2.2 Optioncolors is the copyright owner of all text and graphics contained on this website, except as otherwise indicated. Other parties’ trademarks and service marks that may be referred to herein are the property of their respective owners. You may print a copy of the information contained herein for your personal use, but such permission to use and reproduce text and related graphics available from this website is granted only provided that: 1. the below copyright notice appears in all copies and that both the copyright and this permission notice appear; 2. use and reproduction of documents and related graphics available from this website is limited to personal, non-commercial use; 3. no documents or related graphics, including logos, available from this website are modified in any way; and 4. no graphics, including logos, available from this website are used separate from accompanying text. The foregoing notwithstanding, you may not reproduce or distribute the text or graphics to others or substantially copy the information on your own server, or link to this website, without prior written permission of Optioncolors. You may not reproduce, publish, translate, merge, sell, rent, distribute the content, or create a derivative work of the content on any other website or as part of any educational, training or reference materials.
2.3 You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You, as User, agree you will not:
Provide access to or give any part of the Services to any third party or other person.
Reproduce, modify, deconstruct, sell, trade or resell the Services or website graphics and content.
Make the Services available on any file-sharing or application hosting service.
Share your username or password with any third party or other person.
Use any part of our Services to provide to any third party or other person investment advisory, financial advisory, money management, asset management, financial planning, or brokerage services.
Use, access and/or continue to access the Services if you are, or plan to become, a competitor of Optioncolors, or are affiliated with is a competitor or one planning on becoming a competitor.
2.4 If you are a competitor or affiliated with a competitor of Optioncolors, before becoming a User, and, if after becoming a User you subsequently take steps to become a competitor or become affiliated with another who is, then promptly as of such event, you agree to identify yourself to Optioncolors as such and, as applicable, identify the competing or proposed competing business with which you are affiliated, by email to: firstname.lastname@example.org
3. PAYMENT. For Services offered on a payment or subscription basis, the following terms to you the User paying for the Services, unless Optioncolors or its third party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes ordering and payment terms provided to you on the website for the Services:
- Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
- You must pay with one of the following:
a. A valid credit card acceptable to Optioncolors;
b. A valid debit card acceptable to Optioncolors;
c. Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
d. By another payment option we provides to you in writing.
- If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
- If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
- Optioncolors will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services are cancelled or terminated under this Agreement.
- Additional cancellation or renewal terms may be provided to you on the website for the Services.
4. USE WITH YOUR MOBILE DEVICE.
Use of these Services may be available through a compatible mobile device, the Internet, and may require software and particular browsers. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your internet provider, mobile device and/or telecommunications provider.
OPTIONCOLORS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
- THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
- ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
- ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
5. YOUR PERSONAL INFORMATION. You can view Optioncolors’ Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable Optioncolors Privacy Statement, and any changes published by Optioncolors. You agree that Optioncolors may use and maintain your data according to the Optioncolors Privacy Statement, as part of the Services. You give Optioncolors permission to combine identifiable and non-identifiable information you enter or upload to the Services with that of other Users of the Services and/or other Optioncolors services. For example, this means that Optioncolors may use your and other Users’ non-identifiable, aggregated data to improve the Services or to design promotions.
6. CONTENT AND USAGE.
- 6.1 Your are responsible for your usage. As an individual User, we provide access to the Services for educational purposes or as one tool, among other resources, which may offer assistance in analyzing, understanding, and modeling possible stock option trades. You are expressly advised and acknowledge that neither Optioncolors nor its affiliates are securities broker dealers, investment advisors, financial representatives, money managers, investment representatives, nor financial advisors. You acknowledge that neither Optioncolors nor any of its affiliates are licensed or registered in any capacity to provide, and will not provide, brokerage dealer services, investment advisory services, financial advisory services, or investment advice. If you use any of our Services in connection with analyzing possible or actual option trades, you agree that you are not relying upon our software Services for investment or financial advice. If you use our Services to help inform any of your trading decisions you agree that you, and not Optioncolors or any of its affiliates, are solely responsible for your trading and investment decisions, your profit or loss, including the potential loss of your investment. You further acknowledge and agree that:
- Options trading is highly risky and speculative and one should not trade unless one is a sophisticated investor who can afford to lose his or her entire position. (See: “OPTIONS TRADING LEGAL NOTICE & DISCLAIMER” at Section 9.);
- Neither this website or the Services are a solicitation, recommendation, or an offer to buy or sell a security.
- Securities markets are dynamic, and the risk inherent in option positions is frequently neither predictable nor predetermined. (See “
- Except as provided expressly otherwise, Optioncolors provides access to the Services “as-is” without warranty (See “Disclaimers” at Section 8.) All Services and information provided through us and this website is provided “as is” without warranty. We make no representations as to accuracy, completeness, or timeliness of the information on this site or provided through the Services.
- Hypothetical and simulated performance results have certain limitations. Simulated results, although they may be similar to actual trading, do not represent actual trading. Among other factors, because 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 or incorrect configurations in software.
- Back tested results and simulated trading programs in general are designed with the benefit of hindsight. Back tested results do not necessarily reflect future trading results, nor do we warrant the accuracy of our historical data.
- 6.2 You are responsible for your content. You are responsible for all materials, data, and personal information (“Content”) uploaded, posted or stored through your use of the Services. You grant Optioncolors a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. Optioncolors is not responsible for the Content or data you submit through the Services. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
- Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
- Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
- Except as permitted by Optioncolors in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- Virus, trojan horse, worm or other disruptive or harmful software or data; and
- Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
6.3 Community forums. The Services may include a community forum or other social features to exchange Content and information with other Users of the Services and the public (“Community Forum”). Optioncolors does not support and is not responsible for the content in these Community Forums. Please use respect when you interact with other Users in a Community Forum. Do not reveal confidential or other information that you do not want to make public. Users may post hypertext links to content of third parties for which Optioncolors is not responsible.
6.4 Optioncolors may freely use feedback you provide. You agree that Optioncolors may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Optioncolors a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Optioncolors in any way.
6.5 Optioncolors may monitor your Content. Optioncolors may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect Optioncolors or its customers, or operate the Services properly. Optioncolors, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
7. ADDITIONAL TERMS.
7.1 Optioncolors does not give professional advice. Optioncolors is not in the business of providing legal, financial, investment, accounting, tax, or other professional services or advice. It only provides access to software tools. Consult the services of a competent professional when you need this type of assistance.
7.2 We may tell you about other Optioncolors services. You may be offered other services, products, or promotions by Optioncolors (“Optioncolors Services”). Additional terms and conditions and fees may apply. With some Optioncolors Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Optioncolors permission to use information about your experience to help us to provide the Optioncolors Services to you and to enhance the Services. You grant Optioncolors permission to combine your data, if any, with that of others in a way that does not identify you or any individual personally. You also grant Optioncolors permission to share or publish summary results relating to research data and to distribute or license such data to our affiliates and third parties.
7.3 Communications. Optioncolors may be required by law to send you communications about the Services or third party products. You agree that Optioncolors may send these communications to you via email or by posting them on our websites.
7.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact Optioncolors if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
8. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY.
8.1 YOUR USE OF THE SERVICES, ITS FEATURES, FUNCTIONALITY, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. OPTIONCOLORS, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. OPTIONCOLORS AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU BY OPERATION OF LAW, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR INITIAL DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
8.2 OPTIONCOLORS, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
8.3 Optioncolors specifically disclaims, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW any liability, whether based in contract, tort, strict liability or otherwise, for any indirect, incidental, consequential, LOST PROFITS, or special damages arising out of or in any way connected with access to or use of the site OR SERVICES, even if Optioncolors has been advised of the possibility of such damages, including liability in connection with mistakes or omissions in, or delays in transmission of, information to or from the user, interruptions in telecommunications connections to the site or viruses.
8.4 EXCEPT FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE LIABILITY OF OPTIONCOLORS AND ITS SUPPLIERS FOR AGGREGATED DAMAGES TO ANY USER ARISING UNDER OR RELATING TO THIS AGREEMENT, THE SITE, OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, SHALL BE LIMITED TO RECOVERY OF DIRECT DAMAGES IN AN AMOUNT EQUAL TO THE SUBSCRIPTION CHARGES PAID BY USER TO OPTIONCOLORS FOR THE SERVICES FOR THE TWELVE (12) CONSECUTIVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE OCCURRENCE OF THE APPLICABLE EVENT, ACT OR OMISSION GIVING RISE TO THE APPLICABLE CLAIM(S) (OR IF LESS THAN TWELVE (12) MONTHS HAVE ELAPSED SINCE THE EFFECTIVE DATE, THEN TWELVE (12) TIMES THE AVERAGE MONTHLY SUBSCRIPTION PAID BY SUCH USER DURING THE ELAPSED TIME SINCE HE OR SHE FIRST SUBSCRIBED.
9. OPTIONS TRADING LEGAL NOTICE & DISCLAIMERS.
9.1 There can be significant risk of losses in trading securities and options. You must consider all relevant risk elements including their individual financial circumstances prior to trading. Options involve risks and are not suitable for every investor. Prior to buying or selling an option, an investor must receive a copy of Characteristics and Risks of Standardized Options (also known as the “ODD”), together with a November 2012 Supplement to Characteristics and Risks of Standardized Options, which provide information relating to options on indexes and the adjustment of stock option contracts. Please read the ODD. Copies may be obtained from your broker, one of the exchanges, or the Options Clearing Corporation at http://www.theocc.com/about/publications/character-risks.jsp.
9.2 Optioncolors does not guarantee in writing or verbally that material on this website or that taught in the videos or written material contained in the associated files that accompany the videos will result in a profit. Investors need a broker to trade options, and must meet suitability requirements. Stock/Index/ETF and option symbols and price data shown are for illustrative purposes only. Historical results do not indicate future performance
9.3 For ease of simplicity, all examples used on this website and in the videos exclude commissions, interest and dividend and other transaction fees, tax considerations, or margin requirements, which are factors that may significantly affect the economic consequences of trades illustrated. Please contact a tax advisor for the tax implications involved with trading specific spread types.
9.4 The information and data contained in this website (www.Optioncolors.com) was obtained from sources believed to be reliable, but accuracy is not guaranteed. Neither the information, nor any opinion expressed, constitutes a recommendation to purchase or sell a security, or to provide investment advice.
9.5 The information and materials contained on this website is provided for educational purposes and general informational purposes only. These materials are not a substitute for obtaining professional advice from a qualified person, firm or corporation. Consult the appropriate professional advisor for more complete and current information. Optioncolors is not engaged in rendering any legal or professional services by placing these general informational materials on this website.
9.6 Optioncolors 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 Optioncolors 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.
10. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF OPTIONCOLORS, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, OPTIONCOLORS, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET OPTIONCOLORS SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF OPTIONCOLORS AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF OPTIONCOLORS, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold Optioncolors and its affiliates and Suppliers harmless from any and all third-party claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). Optioncolors reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Optioncolors in the defense of any Claims.
11. CHANGES. We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.
12. TERMINATION. Optioncolors may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Optioncolors’ rights to any payments due to it. Optioncolors may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.
13. EXPORT RESTRICTIONS. You acknowledge that the Services, including, if applicable, any the mobile application, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.
14. GOVERNING LAW. California state law governs this Agreement without regard to its conflicts of laws provisions.
15. DISPUTES / ARBITRATION.
15.1 ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply California law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
15.2 WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND OPTIONCOLORS ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
15.3 To begin an arbitration proceeding, send a letter registered U.S. mail requesting arbitration and describing your claim to Optioncolors Inc., in care of our registered agent Worldwide Incorporators Ltd., 3411 Silverside Road, Rodney Building, Suite 104, Wilmington DE 19810. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs (“fees and costs”) will be governed by the AAA’s rules, but if you are unable to pay any of them, Optioncolors will pay them for you. In addition, Optioncolors will reimburse all such fees and costs for claims totaling less than $25,000 unless the arbitrator determines the claims are frivolous. Likewise, Optioncolors will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 15 shall survive expiration, termination or rescission of this Agreement.
16. GENERAL. This Agreement, including the Additional Terms below, is the entire agreement between you and Optioncolors and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of Optioncolors. Any assignment in violation of this Section shall be void.
B. ADDITIONAL TERMS AND CONDITIONS FOR OPTIONCOLORS.
Your use of the following Services provided by Optioncolors are subject to the General Terms of Service above and these Additional Terms and Conditions. These Additional Terms and Conditions will prevail over any conflict or inconsistency with the General Terms of Service.
1. SERVICES. Each of the following services are referred to in this Agreement as a “Service” and together as the “Services”:
- 1.1. Optioncolors Trader Access. IDEAs OptionColors Trader Access (“Trader Access Account”) is an online solution for one individual User to access and use only the following personal User features: Option Chain, Price Chart, Timeline™, Risk Profile, Daily Insight™, Option Charts, Trade Assistant™ and Settings. Each Trader Access Account may be accessed and used only by one natural person for that person’s personal benefit, and not that of any other person or entity.
- 1.2. Optioncolors Portfolio Margin Access. IDEAs OptionColors Portfolio Margin Access (“Portfolio Margin Access Account”) is an online solution for one individual User to access and use only the following personal User features: Option Chain, Price Chart, Timeline™, Risk Profile, Daily Insight™, Option Charts, Trade Assistant™, Scanner, IV Rank Per Strike™, Higher Order Greeks and Settings. Each Portfolio Margin Access Account may be accessed and used only by one natural person for that person’s personal benefit, and not that of any other person or entity.
- 1.3. Modification to Services. We have the right, in our sole discretion, to revise, update, or otherwise modify the Services or alter your access to the Services; and for material changes, to the extent reasonably possible, we will provide you with reasonable notice either posted on the website hosting the Services or to the applicable User’s email address. Note that we may modify the amount of storage space you have through the Services and the number of times (and the maximum duration for which) you may access the Services in a given period of time. In the event we need to maintain the security of the system or comply with any laws or regulations, we reserve the right to modify the Services immediately, and to provide the electronic or written notice within thirty (30) days after any material modifications. You may reject any changes to the Services by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of, and agreement to, such changes.
- 3.1. Payment for Services. The Services are licensed on a monthly or yearly subscription basis to the User that pays for the Service. Please review all of the details of the subscription that you purchase: Total Access or Limited Access.
- 3.2. Subscription Cancellation. The User may notify us if he or she wants to cancel the subscription prior the beginning of the new subscription period. In the event that Optioncolors is unable to charge a User’s chosen payment method in accordance with this Agreement, we may terminate this Agreement and access to the Services immediately, without notice. If you stop using the Services, Optioncolors has fulfilled your subscription term. Fees for the Services are not eligible for any proration of unused subscriptions or refunds, even if access to the Services is cancelled or terminated. After your access to the Services is terminated, you may no longer have access to any of the data or Content in the Services. We suggest you retain your own copies of any data or Content that you may need as Optioncolors is not responsible for providing you with access to your Content or the Services after any cancellation or termination of this Agreement.
4. TRIAL ACCESS & BETA FEATURES.
- 4.1. Trial Access. If you registered for trial access to the Services, you will have access to the Services for the specified period of the trial (“Trial Period”). You must decide to purchase a license to the Services within the Trial Period in order to retain access to any content or data provided or created during the Trial Period. If you do not purchase a license to the Services by the end of the Trial Period, you will not be able to access or retrieve any of the data or Content you added to or created with the Services during the trial.
- 4.2. Beta Features. From time to time, we may include new or updated beta features in the Services (“Beta Features”). Beta Features may have associated fees, which will be disclosed to you at the time you choose to use the Beta Features. We understand that your use of any Beta Feature is voluntary. You understand that once you use a Beta Feature, you may be unable to revert back to a prior non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the prior non-beta version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. You acknowledge and agree that all use of any Beta Feature is at your sole risk.
- 5.2. Public Content. As a User you may have the opportunity to share your data, Content, or ways in which you aggregate data (“Account Content”) with other Users, other Optioncolors customers, and other third parties. When sharing any Account Content, you agree not to share any confidential information. If you have the option of accessing another User’s Account Content, you understand and agree that the Account Content is being provided by the User, and not Optioncolors, for information and guidance purposes only, and Optioncolors and such User are not responsible in any way for your use the Account Content.
6. OTHER PRODUCTS AND SERVICES.
- 6.1. Third Party Products. By using these Services, you agree that we may market to you or offer you access to products or services from third parties (“Third Party Products”). If you decide to use or access any Third Party Products, you agree that you are solely responsible for your relationship with the provider of the product. Optioncolors is not affiliated with Third Party Products and does not endorse or recommend any Third Party Products. You agree that the providers of the Third Party Products, and not Optioncolors, are solely responsible for their own actions or inactions. Optioncolors is not liable for any damages, claims or liabilities arising out of or related to any Third Party Products. You agree that you will (a) review and comply with all Third Party Product terms and conditions, and (b) not use the Third Party Product in any manner that would infringe or violate the rights of Optioncolors or any other party or in furtherance of criminal, fraudulent or other unlawful activity.
6.2. Data Transfer Service.
a. We may provide you with the opportunity to transfer your data and Content from the Services to certain supported online Third Party Products or other online services of an affiliate of Optioncolors (the “Ancillary Services”) that you sign up for or use in connection with the Services (the “Data Transfer Service”). You may need to be an active subscriber of the Third Party Product or Ancillary Services to use the Data Transfer Service. In order to access a Third Party Product or an Ancillary Service on your behalf to provide the Data Transfer Service, you may need to provide us with your account number, password, security questions and answers, and any other necessary log in information from time to time (“Login Details”). We will maintain your Login Details in encrypted form, and will only use them in connection with the Data Transfer Service or otherwise at your direction. You hereby represent that you have the authority to provide the Login Details to Optioncolors and you expressly appoint Optioncolors as your, or the third party who owns the Login Details’, agent with limited power of attorney to access any Third Party Products or Ancillary Services on your behalf. With respect to each Data Transfer Service, you grant Optioncolors the right to transfer data to the Third Party Product or Ancillary Service, and to reformat and manipulate the data as reasonably necessary for the data to function with such product or service. After the transfer occurs, the original data and Content will remain in the Services unless we disclose to you otherwise.
b. You agree that you will (a) review and comply with all Third Party Product or Ancillary Service terms and conditions before you access the Data Transfer Service, and (b) not use the Data Transfer Service in any manner that would infringe or violate the rights of Optioncolors or any other party, or in furtherance of criminal, fraudulent or other unlawful activity. Depending on the Third Party Product or Ancillary Service you choose, you further agree and acknowledge that your data, including your financial or personal information, may be transferred through the Data Transfer Service to another country where security and privacy controls may not be adequate for data protection. We do not guarantee that you will be able to use the Data Transfer Service with any specific products or services. You will only have access to the Data Transfer Services during the period for which you have paid for a subscription. Third Party Products may make changes to their websites, with or without notice to us, that may prevent or delay the overall performance of the Data Transfer Service.
6.3. Data Transfer Service.
- We may provide you with the opportunity to transfer certain data from a Third Party Product or an Ancillary Service to these Services (the “Data Receipt Service”). You may need to be an active subscriber of the Third Party Product or Ancillary Services to use the Data Receipt Service. In order to access a Third Party Product or an Ancillary Service on your behalf, you may need to provide us with your Login Details. We will maintain your Login Details in encrypted form, and will only use them in connection with the Data Receipt Service or otherwise at your direction. You hereby represent that you have the authority to provide the Login Details to Optioncolors and you expressly appoint Optioncolors as your, or the third party who owns the Login Details’, agent with limited power of attorney to access any Third Party Products or Ancillary Services and retrieve data on your behalf. With respect to each Data Receipt Service, you grant Optioncolors the right to transfer data to the Services, and to reformat and manipulate your data as reasonably necessary for the data to function with the Services. After the transfer occurs, your original data and Content may not remain in the Third Party Product or the Ancillary Services; please review the terms of those products and services to confirm.
- You agree that you will (i) review and comply with all Third Party Product and Ancillary Service terms and conditions before you access the Data Receipt Services, and (ii) not use the Data Receipt Services in any manner that would infringe or violate the rights of Optioncolors or any other party, or in furtherance of criminal, fraudulent or other unlawful activity. In the event that any Third Party Product charges for access to data, you agree that you are responsible for any fees due and owing. You agree that the providers of the Third Party Products, and not Optioncolors, are solely responsible for their own actions or inactions. Optioncolors is not liable for any damages, claims or liabilities arising out of or related to any Third Party Products.
6.4. Service Providers. We may use third parties in the operation of our Services or to perform any of our obligations in this Agreement (each a “Service Provider”). In order for our Service Providers to be able to provide you with certain aspects of the Services, we may share a limited amount of your data or Content with such Service Provider. Our agreements with Service Providers outline the appropriate use and handling of this information and prohibit the Service Provider from using any of your information for purposes unrelated to the Services.
7. API TERMS.
7.1 Users may access their account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses is bound by this Agreement plus the following specific terms:
- You expressly understand and agree that Optioncolors shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Optioncolors has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to Optioncolors via the API may result in the temporary or permanent suspension of your account’s access to the API. Optioncolors, in its sole discretion, will determine abuse or excessive usage of the API. Optioncolors will make a reasonable attempt via email to warn the account owner prior to suspension.
- Optioncolors reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
7. COMMUNICATION SERVICES. We may provide you with the opportunity to communicate with other Users within the Services, or with other third parties through the Services (“Communication Services”). You may choose whether or not you would like to use the Communication Services. You agree that you have received permission to communicate with any third parties who are not Users through the Communication Services, and that such third parties have agreed to Optioncolors’ use and disclosure of data available in the Communication Services in accordance with this Agreement. Users who you communicate with may have access in the future to the data provided through the Communication Services, and you may not have the ability to restrict that access. Optioncolors systems may extract certain data (e.g., numbers, names, or attachments) from the Communication Services and provide it to you in other parts of the Services.