Terms of Use

Last updated January 30, 2023

1. Acceptance of Terms

Please read these Terms of Use (the “Terms”) carefully, as they govern your use of any websites or applications (the “Sites”) or other Services (defined below) owned by Options Robot, LLC, its business units, subsidiaries, and affiliates (together “Options Robot,” “we,” “our,” or “us”) that display or link to these Terms. By using these Sites and/or Services or by clicking to accept or agree to the Terms when this option is made available to you, You agree to comply with these Terms and acknowledge our Privacy Policy , incorporated herein by reference. If you do not agree to the Terms, do not access the Sites or Services.

When using any of the Services, You shall be subject to any other posted guidelines or rules applicable to such Services. These guidelines or rules are hereby incorporated by reference into the Terms.

Subject to and in compliance with the terms and conditions set forth herein, Options Robot may provide its users with access via the Sites to:

The Premium Service(s) and the Free Service(s) are collectively referred to herein as the “Services”.

2. Changes to the Terms and Our Services

We reserve the right at any time to:

We will not be liable if for any reason all or any part of the Sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites, or their entirety, to users, including registered users.

Any changes we make to the Terms will be effective immediately after we post the modified Terms on our Sites. The applicable Terms are the most recent version of the Terms posted on our Sites. However, any changes to the dispute resolution provisions set out in the Terms will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website. In addition, if a Premium Service is added or removed, or the terms of their engagement has changed, the Terms may be modified with respect to such Premium Service. You should check our Terms frequently. Your continued use of the Sites and Services following the posting of revised Terms means that you accept and agree to the changes.

3. Important Disclaimer Regarding the Information We Provide

Options Robot is a software and publishing company. You understand that no content published as part of the Sites or Services constitutes a recommendation that any particular investment, security, portfolio of securities, Digital Asset (defined below), portfolio of Digital Assets, transaction, investment strategy or other idea is suitable for any specific person. You further understand that none of the creators or providers of our Sites or Services or their affiliates will advise You personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, Digital Assets, portfolio of Digital Assets, transaction, investment strategy or other matter. Therefore, You should not attempt to contact them seeking personalized investment advice. To the extent any of the content published as part of the Sites and/or Services may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.

For purposes of the Terms, “Digital Assets” means cryptocurrencies, decentralized application tokens, protocol tokens, blockchain-based assets or other cryptofinance coins, tokens or similar digital assets.

You understand that the views expressed in the Sites and Services are the authors’ own opinions. The Sites and Services may contain opinions from time to time with regard to securities mentioned in other Sites or Services; those opinions may be different from those obtained by using another portion of the Sites or Services. Trading in securities (including, without limitation, stocks, options, ETFs and bonds) and Digital Assets involves risk and volatility. Past results are not necessarily indicative of future performance. With any type of investing, you can lose all of the money you are trading with and additional monies when you trade options or trade on margin, among other trading strategies.

You understand and agree that certain of Options Robot’s affiliates and employees may, from time to time, have long and short positions in, or buy or sell the securities, or derivatives thereof, of companies mentioned in our Sites and/or Services and may take positions inconsistent with the views expressed. Similarly, certain of Options Robot’s affiliates and employees may, from time to time, have long and short positions in, or buy or sell the Digital Assets, or derivatives thereof, of companies, networks or protocols mentioned in our Sites and/or Services and may take positions inconsistent with the views expressed.

Third-Party Content is not subject to the preceding paragraph. Options Robot makes no representations regarding Third-Party Content, nor is Options Robot liable for Third-Party Content.

You understand that we obtain performance data from sources believed to be reliable, that the calculations available on the Sites and Services are made using such data, and that these sources, the information providers, or any other person or entity do not guarantee such calculations and the calculations may not be complete. You understand that data relating to Digital Assets in particular often is not reliable, and thus, even though we obtain performance data relating to Digital Assets from sources believed to be reliable, no sources, information providers, or any other person or entity guarantees that calculations using such data will be accurate or complete.

From time to time, we may reference prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or opinion, and may not be current. Markets change continuously. Therefore, You should not rely on previously published information and data.

When U.S. securities exchanges are open, any quotes (other than those obtained through the real-time quote services available to users of certain Services) are delayed. When U.S. securities exchanges are not open, quotes are only current as of the close of the last day of trading. Before selling or buying any investment, You should consult with a qualified broker or other financial professional to verify pricing information.

All pricing information for Digital Assets is obtained from a third party. Before completing any trade on an External Website (as defined below), You should verify pricing information with the service provider through which You complete your trades.

To the extent any of our Services involves a model portfolio or an actual portfolio of investments, the model’s author chooses such portfolio of investments in accordance with that author’s stated investment strategy. Your actual results may differ from results reported for the portfolio for many reasons, including, without limitation:

4. Registration and Privacy

In order to gain access to portions of the Sites or Services, You must create an account. We may refuse to grant You a username and member name that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, impersonates someone else, is or may be protected by trademark or proprietary rights law, or is hatefully, racially, ethnically or otherwise objectionable, or inappropriate, as determined by us in our sole discretion.

In consideration of Your use of the Sites or Services, You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You also agree to (a) provide accurate, current and complete information about Yourself as prompted by the Services’ registration form and (b) maintain and promptly update Your registration data to keep it accurate, current and complete.

Our policy with respect to the collection and use of Your personal information is set forth in our Privacy Policy .

As a member, You also have certain other obligations relating to Your account:

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

5. Subscription Cancellation for Premium Service

YOU SHOULD READ THESE TERMS CLOSELY BEFORE YOU SUBSCRIBE TO A PREMIUM SERVICE.

This Section does not apply to one-time purchases of Options Robot reports.

You may cancel Your monthly or yearly subscription prior to being charged for the next subscription term (e.g., the next month or year). To do this, You must:

5.1 Introductory Pricing.

Options Robot may offer introductory pricing for any of its Premium Services that may be monthly, annually, or some other stated period (“Introductory Period”). Only first-time subscribers to the specific Premium Service will be able to take advantage of that Introductory Pricing. All such Introductory Pricing is subject to the terms and conditions specified by Options Robot for each specific pricing promotion.

When You sign up for the Introductory Period, You agree that Options Robot can charge Your credit card as noted in the check-out process for the applicable Introductory Period.

Once the Introductory Period concludes, Your subscription will continue automatically as a monthly subscription or annual subscription depending on the length of the Introductory Period or the details provided during the check-out process. You may cancel Your subscription to the Premium Service at any time during the Introductory Period or up to the last day of the Introductory Period of Your subscription to avoid being charged for the renewal period.

To cancel your subscription, You must:

When the Introductory Period ends, we will charge Your credit card the applicable subscription fee for the renewal period, whether a monthly subscription, an annual subscription, or some other period of time as stated during the check-out process; Your subscription will renew thereafter.

5.2 Trial Subscriptions.

Options Robot may offer trial subscription for any of its Premium Services that may be 7 days, 15 days or 30 days in length (“Trial Subscriptions”). Only first-time subscribers to the specific Premium Service will be able to take advantage of Trial Subscriptions. All such Trial Subscriptions are subject to the terms and conditions specified by OptionsRobot.com for each such promotion.

When You sign up for a Trial Subscription, You agree that Options Robot can charge Your credit card as noted in the check-out process for the applicable Trial Subscription.

Once the Trial Subscription concludes, Your subscription will continue automatically as a monthly subscription no matter the length of the Trial Subscription Period. You may cancel Your Trial Subscription to the Premium Service at any time during the trial period or up to the last day of the trial period of Your Trial Subscription to avoid being charged for the renewal period.

To cancel your subscription, You must:

When the Trial Subscription ends, we will charge Your credit card the applicable monthly subscription fee and Your subscription will renew thereafter.

5.3 Monthly Subscribers and Refunds

If You are a monthly subscriber, we will charge Your credit card every thirty (30) days for the amount identified in our subscription notice to You, unless we have informed You that the payment has changed. If You cancel Your subscription, You will NOT receive a refund or reimbursement of any previous monthly subscription fees You have paid; however, You will not be charged any future monthly subscription fees.

5.4 Other Subscribers.

If You are a subscriber for a term longer than a month (including annual subscriptions), You will be charged in accordance with the terms of the Premium Service You signed up for. If You cancel within the first thirty (30) days of Your initial subscription, and that subscription is for one year or longer, You may receive a refund of Your subscription fee minus the equivalent of a one month charge. To obtain a refund, please follow the instructions provided in Section 7.1 “30-Day Money Back Guarantee” below. If You do not receive your refund within 5 days after requesting a refund from us, call our Customer Service

Please note that if You cancel Your subscription at any time after the first thirty (30) day period of Your initial subscription, You will not receive any refund, reimbursement, or other credit for the amount of the subscription fee

Please also read the Subscription Renewal provisions, below.

6. Subscription Renewal for Premium Service

YOU SHOULD READ THESE TERMS CLOSELY BEFORE YOU SUBSCRIBE FOR A PREMIUM SERVICE.

This Section does not apply to one-time purchases of Options Robot reports. We will not provide any other refunds for cancellations of any products other than as described below. You will not be eligible for a refund if we determine, in our sole discretion, that You have violated the Terms.

Your subscription will continue for the period identified when You signed up for the Premium Service (the “Term”) and renew automatically either on a monthly or annual basis at the end of the Term as described in the check-out process, unless You notify us of Your decision not to renew before the end of the Term. You can cancel before the end of the Term by using the methods described in Section 5 “Subscription Cancellation for Premium Service,” above.

You may only cancel your subscription using the two methods identified in Section 5 above. Options Robot will not process any cancellation requests made by email, postal mail, or by calling phone number other than that identified in Section 5.

If You do not notify us as described in Section 5 above, we will charge Your credit card we have on file the then-applicable monthly, periodic or annual fee for Your subscription. You will not receive a refund, reimbursement or other credit of Your subscription fee after Your subscription has renewed.

In connection with recurring billing for subscription renewals, You authorize Options Robot to bill Your credit card account number, regardless of whether the other information associated with Your subscription has changed, including but not limited to the expiration date of the physical card with which You subscribed. We may receive updated information about Your account from the financial institution issuing Your credit or charge card. You agree to pay all fees and charges incurred in connection with Your Options Robot username, member name and password (including any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts You owe us, You will be liable for all of our attorneys’ and collection agency fees.

7. Premium Services with Money Back Guarantee

7.1 30-Day Money Back Guarantee

If You subscribe to one of the following Premium Services for an annual subscription or longer, You are entitled to a one-time 30-Day Money Back guarantee

In order to cancel any of the Premium Services with the 30-Day Money Back Guarantee and receive a refund, You must use either of the following methods within thirty (30) days of the commencement of Your initial subscription:

You may only cancel Your subscription and request a refund using the two methods identified above. Options Robot will not process any cancellation or refund requests made by email, postal mail or by calling any other phone number.

Unsubscribing to the Free Services does not suffice as cancellation for Premium Services.

In addition, You are only allowed one (1) 30-Day Money Back Guarantee per Options Robot Premium Service per a 365-day period. Once You cancel a subscription to a Premium Service, You will no longer have access to that Premium Service.

8. Options Robot’s Proprietary Rights

The Sites and Services and the content distributed through the Sites and Services, not including any User-Generated Content or Third-Party Content, is the property of Options Robot and/or its licensors. You may access and use the content and download and/or print out one copy of any content from the Sites or Services, solely for Your personal, noncommercial use.

You acknowledge that You do not acquire any ownership rights by using the Services. If You are interested in reprinting, republishing or distributing content from Options Robot, please contact us at Call , Monday through Friday between the hours of 9:00 a.m. and 6:00 p.m. ET. If You choose to submit content for publication through the Services, such as guest commentary or guest opinions, such content shall be exclusive to Options Robot, deemed to be property of Options Robot, and by submitting such content You irrevocably assign any and all rights to such content to Options Robot.

“OptionsRobot.com”, “Options Robot”, the “Options Robot Logo” and certain other marks used on the Sites and/or Services are trademarks and/or service marks of Options Robot. All other trademarks, service marks, and logos used on the Sites are the trademarks, service marks or logos of their respective owners.

9. User Conduct

You may not republish, upload, post, transmit or distribute content available through the Services to online bulletin boards, message boards, newsgroups, chat rooms, or in any other manner, without our prior written permission. You may, however, link to the Services on any bulletin board, newsgroup, website or chat room (“Third-Party Site”), as described in Section 11 below. Modification of the Services content or use of the Services 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 Sites and Services, You agree not to

You also agree that at all times You will:

10. User-Generated Content and Forums

Certain public areas of the Sites may allow You to post content that can be accessed and viewed by the public in general. Certain areas of the Sites enable You to access online forums where You can post messages (“comments”) and read messages posted by other users (the “Forums”). Options Robot may also use third-party webinar tools that allow You to access online chats where You can post comments and read messages posted by other users (the “Chats”).

You understand that all information, data, text, images, avatars, hyperlinks, messages, tags, or other materials, each a form of User-Generated Content posted on the public areas of the Sites, in the Forums, in the Chats, or in similar mediums elsewhere in the Sites, are the sole responsibility of the person who created the content. You acknowledge that You, and not Options Robot, are entirely responsible for all content that You upload, post, email, transmit or otherwise make available via the Sites or Services. Options Robot does not endorse, and specifically disclaims any responsibility or liability for, any content posted by You on the Sites, in the Forums, or in the Chats, or in similar mediums elsewhere in the Sites, regardless of whether Options Robot selects the specific topic in response to which you are posting, where applicable. Options Robot does not guarantee the accuracy, integrity, timeliness or quality of such content. You agree to not post any content that violates the Terms and to post comments in both tone and content that contribute in a positive and high quality manner to the substantive exchange of information and the subject matter of the content.

By posting a message or providing any User-Generated Content on the Sites, in the Forums, or in the Chats, You agree to be bound by the Terms. If You do not want to be bound by these Terms, do not use the Sites, the Forums, or the Chats.

You must also abide by the following rules in connection with Your use of the Service when posting in a Forum, Chat, or elsewhere on the Sites:

The following is an incomplete list of illegal and prohibited uses of the Services. Options Robot may investigate any illegal and/or unauthorized use of the Services and appropriate legal action may be taken, including without limitation, civil, criminal and injunctive redress.

You agree not to use Options Robot Services to:

You may post only content You own, or content for which You have received express permission from the owner and content in the public domain. You assume all risk and responsibility for determining whether any User-Generated Content is in the public domain. You agree to be fully responsible for Your own postings and agree to access and use the Sites, the Forums, and the Chats at Your own risk on an as-is basis. While Options Robot has no obligation to monitor User-Generated Content, it may, from time to time, monitor User-Generated Content to determine whether postings comply with the Terms, to guide the discussion in the Sites, on the Forums, or in the Chats, for other reasons or no reason at all.

Options Robot cannot and does not guarantee that it will post or continue to post every message or other content You or other users submit. Options Robot reserves the right to edit or abridge postings for any reason and to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Options Robot’s sole discretion.

Options Robot expressly disclaims ownership of any User-Generated Content. However, by submitting User-Generated Content to the Sites, You hereby grant, transfer and assign Options Robot, our affiliates and distributors, successors, assigns and licensees a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, copy, display, perform, modify, revise, create derivative works of, archive and adapt this content in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), on any number of occasions in any form, and to sublicense third parties (including other users of the Services) to do any of the foregoing with further right of sublicense, without compensation to You. You represent and warrant that You are authorized to grant all rights set forth in the preceding sentence and that the exercise by You of Your rights under this License does not violate any laws, defame or libel any person, invade any person’s right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including without limit any copyright or moral right). None of the User-Generated Content disclosed in any part of the Services shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any User-Generated Content.

Options Robot does not and cannot review all of the User-Generated Content posted by users on the Sites or Services and is not responsible for such content. You shall remain solely responsible for all User-Generated Content submitted to Options Robot. Your use of any User-Generated Content shall be at Your own risk and Options Robot makes no representations or warranties regarding User-Generated Content. Users should be cautious about any and all investment recommendations and should consider the source of any investment advice. Various factors, including personal or corporate ownership, may influence or factor into User-Generated Content. You understand that by using the Sites or Services, You may be exposed to User-Generated Content that is offensive, indecent or objectionable. Although Options Robot reserves the right to remove any offending User-Generated Content, You understand and agree that You nonetheless may be exposed to such material and that You further waive Your right to any damages (from any party) related to such exposure.

YOU UNDERSTAND THAT OPTIONS ROBOT DOES NOT IN ANY MANNER RECOMMEND OR ENDORSE ANY USER-GENERATED CONTENT.

Options Robot retains the right in its sole discretion, arbitrarily and/or for any reason and without any notice whatsoever, to edit, move, delete, and/or remove any User-Generated Content posted on any of its Sites at any time. Without limiting the foregoing, Options Robot has the right to delete any User-Generated Content that Options Robot believes, in its sole discretion, does or may violate the Terms.

From time to time, an appropriate Options Robot employee or contractor may start a topic, respond to a question or attempt to clarify an issue being discussed. Options Robot does not intend to respond to every question or issue presented. Options Robot intends to participate where it deems best in its sole discretion and consistent with the terms of its Services. Options Robot employees and contractors will be clearly designated. Options Robot employees and contractors and any other “hosts” or participants from Options Robot are not financial advisors. Options Robot does not provide investment or trading advice.

What to do if You believe a post violates these Terms of Use: If You believe that a post in a Forum, in a Chat, or elsewhere on the Sites violates these Terms, we encourage You to contact Options Robot by sending an email using support@OptionsRobot.com that identifies the applicable post and the screen identity of the person who made the post. Options Robot cannot guarantee that any action will be taken as a result of Your email.

11. Links to Other Websites, Sweepstakes, and Viral Links

11.1 Content from Other Websites

Content available through the Sites and Services may contain links to other Internet websites or resources, including without limitation, any information relating to an account You may have established with any third party website (collectively, the “External Websites”). We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites, including without limitation, the External Websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, timeliness, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, including without limitation the External Websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

Your use of certain features and certain Third-Party Content made available to You by Options Robot may be governed by additional rules, which are available on our Sites or by hyperlink from other websites and the External Websites, in connection with the Services. By using any such feature, You are acknowledging that You have reviewed all corresponding rules and agree to be bound by them. Some Third-Party Content and some of the features may have been provided by third parties for Your use, including without limitation any content provided by an External Website. In the event that any feature or tool is provided by a third party, such feature or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that Your use of all Third-Party Content and features and tools provided by third parties, including without limitation, any Third-Party Content and tools provided by the External Websites, is solely at Your own risk.

11.2 Sweepstakes

Any sweepstakes, contests, and games that are accessible through our Sites or otherwise made available by Options Robot are governed by specific rules to be presented at the time of entry/participation. By entering such sweepstakes or contests or participating in such games, You agree to those rules.

11.3 Referral Program

Options Robot may offer a referral program to its current members. When such program is offered, referral program terms and conditions may apply.

11.4 Viral Links

You are encouraged to link to the Services on any Third-Party Site. If You elect to display links from our Sites on a Third-Party Site, You agree that You will comply with Options Robot’s viral linking requirement as set forth herein. Notwithstanding anything contained herein, we reserve the right to deny permission to You to link to any Site for any reason in our sole and absolute discretion.

Options Robot hereby grants You the permission to post such links on a Third-Party Site, provided, however, that You comply with the following guidelines:

13. Disclaimer of Warranties

The Sites and Services, and any content obtained or accessed through the Sites and Services, including without limitation Third-Party Content, is provided “as is” without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Options Robot, its officers, directors, employees, subsidiaries, affiliates, suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose or use, and all warranties relating to the adequacy, accuracy, timeliness or completeness of any information available through the Services.

Options Robot does not warrant and accepts no liability that Your use of the Sites or Services and any content, including without limitation, Third-Party Content or any External Website, will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Sites or Services, or the server(s) on which the Sites and Services are hosted, are free of viruses, worms, malicious code, Trojan horses, malware, or other harmful components. Options Robot accepts no liability for any software downloaded from the Sites, Services, or any External Website. You acknowledge that You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Sites, Services, or any External Website and all charges related thereto. You assume total responsibility and risk for Your use of the Sites, Services, or any External Website and Your reliance thereon. No opinion, advice, or statement of Options Robot or its affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. You use of the site, any External Website, the content contained therein, and materials provided through the site or any External Website, are entirely at Your own risk. Options Robot will not be liable for any informational errors, incompleteness, delays or any actions taken in reliance on information contained in the Sites or Services.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites or Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that Options Robot shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites or Services.

Content available through the Sites, Services, and any External Website could include inaccuracies or errors, or materials that violate the Terms. Third parties may make unauthorized alterations to the content available through the Sites and Services. Although we attempt to ensure the integrity of our Sites and Services, we make no guarantees as to the completeness or correctness of any content available through the Sites or Services. In the event that such a situation arises, please contact us at support@OptionsRobot.com with, if possible, a description of the material You would like us to check and the location (URL) where such material can be found on our Sites or Services, if applicable, as well as information sufficient to enable us to contact You. We will try to address Your concerns as soon as reasonably practicable. Notwithstanding the foregoing, we make no representations or warranties regarding the accuracy of any information contained in an External Website and we suggest that You always verify the information obtained from such External Website before acting upon such information. We have no supervision or control over the quality, content, reliability or security of any External Website, nor shall we be liable for its use by You. For copyright infringement claims, see the section on “Copyright Infringement” below.

Under no circumstances shall Options Robot be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

14. Limitation of Liability

NEITHER OPTIONS ROBOT NOR ITS AFFILIATES, SUPPLIERS, SUBSIDIARIES, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES, SERVICES, ANY EXTERNAL WEBSITE, AND/OR ANY CONTENT CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION, ANY THIRD-PARTY CONTENT, OR ANY SERVICES USED OR PURCHASED THROUGH OPTIONS ROBOT, WHETHER SUCH DAMAGE IS FORESEEABLE OR NOT AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR AVOIDANCE OF DOUBT, DAMAGES ARISING UNDER THE SECTION ENTITLED “INDEMNIFICATION” (INCLUDING WITHOUT LIMITATION DAMAGES TO WHICH A PARTY IS ENTITLED TO INDEMNIFICATION UNDER SUCH SECTION THAT SUCH PARTY SUFFERS IN CONNECTION WITH THIRD-PARTY CLAIMS FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARE DEEMED TO BE DIRECT DAMAGES OF THE INDEMNIFIED PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF OPTIONS ROBOT FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION REGARDING USE OF THE SITES OR SERVICES — WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE — SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.

15. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

16. Indemnification

You agree to indemnify, defend and hold harmless Options Robot our current and former affiliates, our current and former officers, directors, employees, agents and representatives and their successors and assignees from and against any and all liabilities, claims, (including, without limitation, third-party claims), damages, losses, costs (including reasonable attorneys’ fees), or other expenses associated with or incurred as a result of or from (a) Your violation of the Terms; (b) Your use of the Services, any Third-Party Sites or any External Website; (c) Your violation of the rights of any third party; (d) the actual or alleged infringement of any third party proprietary or intellectual property right arising out of the duplication, sale, distribution, or use of the Services, or (e) any liability arising from Your use of the Services including any User-Generated Content You create.

17. Termination

Options Robot reserves the right to restrict, suspend or terminate Your use of and registration on any of its Sites at any time for any reason in its sole discretion, with or without cause, without prior notice to You and without liability or further obligation of any kind whatsoever to You or any other party. Options Robot reserves the right to terminate Your access to any portion of the Services and, in some cases in the sole discretion of Options Robot, Your membership in the Premium Services, in the event You violate the Terms. In such case, You will not be entitled to receive a refund, reimbursement or any other credit for any portion of the subscription fee You paid.

You may terminate Your user account, username, member name any associated email address and access to the Services by submitting such termination request to us.

18. Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The procedure under the DMCA for takedown notice is given below. See http://loc.gov/copyright/ for the most current statutory requirements.

If You believe in good faith that materials displayed on our Sites infringe Your copyright, You (or Your agent) may contact:

Copyright Agent

Legal Department

Options Robot, LLC
16192 Coastal Highway
Lewes, DE 19958

with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that You claim has been infringed; (c) a description of where the material that You claim is infringing is located on the website; (d) Your address, telephone number, and email address; (e) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf. Please note that You will be liable for damages (including costs and attorneys’ fees) if You materially misrepresent that any material on our sites is infringing Your copyrights.

19. Repeat Infringement

We have a policy of terminating the accounts of repeat infringers or otherwise taking reasonable steps to prevent such users from continuing to post. You agree that if Your account is terminated under these Terms, You will not attempt to establish a new account or otherwise post content under any name, real or assumed. You further agree that if You violate this restriction by opening a new account or otherwise posting content after being terminated pursuant to this policy, You shall indemnify and hold us harmless for any and all liability that we may incur therefor.

20. Miscellaneous

The Services are directed solely to individuals residing in the United States. We make no representation that materials provided through the Services are appropriate or available for use in other locations. If You access the Services from other locations, You do so on Your own initiative and at Your 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 Services 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 that we provide.

You are responsible for promptly paying all fees associated with Your use or purchase of the Services (the “Fees”) at the time of purchase. You are also responsible for any applicable federal, state, or local franchise fees, surcharges, sales and use taxes, and any other taxes (except those related to Options Robot’s net income) related to the Services (collectively, the “Taxes”). You shall promptly pay all Taxes at the time of purchase.

21. Disputes

21.1 Entire Agreement; Governing Law

The Terms, together with all Options Robot policies referred to herein, constitute the entire agreement between You and Options Robot relating to Your use of the Sites and Services and supersedes any and all prior or contemporaneous written or oral agreements on that subject between us. The Terms and the relationship between You and Options Robot is governed by and construed in accordance with the laws of the State of Delaware, excluding (a) the application of principles of conflict of laws that otherwise might call for the application of the substantive law of another jurisdiction and (b) the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.

21.2 Arbitration

Except for disputes arising out of or relating to the Non-arbitration Disputes (as defined below), You and Options Robot agree to submit any disputes arising from these Terms or use of the Sites and/or Services, including disputes arising from or concerning the interpretation, violation, invalidity, non-performance or termination of the Terms, to final and binding arbitration for resolution. You and Options Robot agree that all claims will be brought solely on an individual basis, and that this agreement does not permit class claims in arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force.

Such arbitration shall be conducted in accordance with the rules of the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in effect at that time before neutral arbitrator(s). You and Options Robot will have a reasonable opportunity to participate in the process of choosing the arbitrator(s). You and Options Robot will be entitled to discovery or the exchange of non-privileged information relevant to the dispute. If an in-person hearing is conducted, it will be in or near Your hometown area. If You initiate an arbitration, other than the fee required to be paid by You to initiate an arbitration, Options Robot will pay all other costs including JAMS Case Management Fees and all professional fees for the arbitrator’s services. If we initiate an arbitration against You, Options Robot will pay all costs associated with the arbitration. The arbitrator’s award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damage and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these Terms.

Notwithstanding the foregoing, no party shall be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction.

21.3 Non-arbitration Disputes; Venue and Personal Jurisdiction

You and Options Robot agree that the following disputes (collectively, the “Non-arbitration Disputes”) shall not be subject to the arbitration provisions above, namely, disputes, claims, demands, causes of action, lawsuits, legal actions, or causes of action between or among You and Options Robot arising out of or in connection with: i) any actual or alleged unauthorized use, reproduction, distribution, reprinting, republishing, retransmitting, reposting, streaming, or linking of the content distributed through the Sites and Services; or ii) whether or not related to the foregoing, any actual or alleged infringement of any intellectual property rights associated with any of the content distributed through the Sites and Services, including, without limitation, any copyrights or trademark rights. You and Options Robot further agree that any lawsuit or legal action that involves one or more Non-arbitration Disputes may include any other claims, defenses, or causes of action between or among You and Options Robot and/or any third parties.

You and Options Robot agree that any legal action arising out of or related to any Non-arbitration Disputes shall be brought in a state or federal court situated in the State of Delaware. You and Options Robot consent to the personal and subject matter jurisdiction and venue thereof. You and Options Robot waive any defense founded upon personal jurisdiction, venue, or inconvenience of forum should an action or proceeding arising out of or related to any Non‑arbitration Disputes be commenced in a court specified herein.

22. Miscellaneous

If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require You to sign a non-electronic version of the Terms.

23. Legal Notices

California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

For all other notices, please contact us in writing: Options Robot, LLC, 16192 Coastal Highway,
Lewes, DE 19958