SelectOptions.com Site Use Agreement
This Service Agreement is made between RAF Research and any person who completes the registration process to use the collection of web pages available under www.SelectOptions.com.
BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SERVICE.
The following Definitions apply to this Agreement:
a. "We", "Us", "Our", and "Company" refers to RAF Research.
b. "You" and "Your" refers to the user of this site whether acting as an individual or acting as an agent of a company, group or other entity.
c. "Information Providers" refers to RAF Research's third party suppliers.
d. "Site" refers to collection of web pages available under the internet domain namewww.SelectOptions.com.
e. "Agreement" refers to this document.
f. "Account" refers to the stored data on the Site related to Your "user name", protected by Your password and which enable Your access to Site content.
g. "Service" refers to the collections of all services available to You on the Site.
a. Description. Company agrees to provide you with non-exclusive access to or use of the Service, subject to the terms and limitations set forth in this Agreement. The Service is proprietary to Company and is protected by intellectual property laws and international intellectual property treaties. Your access to the Service is licensed and not sold. The Site provides educational materials and analysis tools. Your use of the site is for general information only and no information You may obtain from the site is intended to provide investment, tax, or legal advice. Under no circumstance is the information contained herein to be used or considered as an offer to sell or a solicitation of an offer to buy any particular investment.
b. Subscription Fees. Company, at its discretion, may require payment of a subscription fee for the use of certain data and capabilities of the Site. These fees are not refundable except under the terms specified by this Agreement.
c. Password. Upon the completion of the registration, You will receive a password that provides access to Your Account. You are the only authorized user of such password and accept sole responsibility for use, confidentiality and protection of the password as well as for information changes (i.e., change of address) entered into Your Account using such password.
d. Monthly Usage. Monthly usage limits are established for the different classes of users (e.g. free, trial, premium, etc.). Usage, by Account, is measured by the number of market data access transactions used to fulfill user quote, chart, and analysis requests. Accounts are monitored for excessive use. If monthly usage thresholds are exceeded, the ability of the Account to use most features of the Site will be automatically disabled and the disabled status will be reported upon login attempts. A user, whose Account is disabled, must notify us via e-mail in order to reestablish access. Be aware that excessive use may be the result of a breach of password security for Your Account. To facilitate Your monitoring, upon successful login to Your Account, You will be notified regarding the date and time of the last Account login and the number of failed login attempts since that time. You are required to immediately notify Us, if You become aware of any loss, theft or unauthorized use of Your password and Account. In addition to notifying Us, You must change Your password to a new secure one using the "Edit Profile" link on the "Home" page.
If You fail to notify Us immediately upon Your knowledge when any of the above conditions or other disclosure of access details occurs, You are in breach of this Agreement and We may exercise Our rights under this agreement to terminate Your Account, in addition to any other remedies available to us under law.
e. Links to Other Sites. The Site may provide links to other sites that may be of interest to You but for which RAF Research has no responsibility. Neither RAF Research nor its Information Providers guarantees the accuracy, completeness or timeliness of, or otherwise endorses, the views, opinions or recommendations of these sites.
You represent and warrant to Company that: (a) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Agreement; (b) you shall comply with all terms and conditions of this Agreement; (c) you have provided accurate and complete registration information; (d) you have received, read and understand "Characteristics and Risks of Standardized Options" as issued by the Options Clearing Corporation ("OCC"); (e) you understand that the Site is intended for use by experienced option investors only; and (f) you have sufficient knowledge concerning the rights, obligations, and risks involved in option trading expected of an experienced option investor, including but not limited to (i) knowing about reorganizations related to securities that You trade or hold, including, but not limited to mergers, stock splits and reverse stock splits, (ii) understanding the differences in exercising an American-style option and a European-style option, (iii) understanding that there are special risks associated with uncovered option writing, which expose the investor to potentially significant loss, (iv) understanding that the potential loss of uncovered call writing is unlimited, (v) understanding that for combination writing where the investor writes both puts and calls on the same underlying instrument, the potential risk is unlimited, (vi) understanding that while it is generally accepted that spread trading may reduce risk, spreads are subject to early exercise or assignment that can remove the very protection that the investor/trader sought, (vii) understanding that execution of spread orders is often "Not Held" and at the discretion of marketplace and the impact that could have on the execution of these orders, (viii) understanding that if a secondary market in options were to become unavailable, investors could not engage in closing transactions, and an option writer would remain obligated until expiration or assignment.
You are solely responsible for any and all acts and omissions that occur under your Account or password, and you agree not to engage in unacceptable use of the Service, which includes, without limitation, use of the Service to: (a) to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the information available on this Site in any manner without the express written consent of RAF Research for a purpose other than You personal or business use; (b) to use the information available on this Site for any unlawful purposes; (c) to access the information available on this Site programmatically by macro or other automated means; (d) disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (e) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (f) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (g) disseminate or transmit viruses, Trojan horses or any other malicious code or program; or (h) engage in any other activity deemed by the Company to be in conflict with the spirit or intent of this Agreement.
a. Security. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Service with your password.
b. Privacy. It is the policy of the Company to respect your privacy. Company will not disclose any personal information about you or your account to nonaffiliated third parties without your prior consent unless Company has a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or property of Company; (iii) enforce this Agreement; or (iv) protect the interests of users of the Service other than you or any other person. Your IP address may be transmitted and recorded with each message you send to the Service. Company does provide certain information in aggregate form collected from and relating to you to its affiliates and/or third persons such as advertisers. For a more detailed description of the types and uses of personal information collected from you, please read the Company Privacy Policy.
Certain names, graphics, logos, icons, designs, words, titles or phrases at this web site may constitute registered trade names, trademarks or service marks of RAF Research or other entities. The display of the above on pages at this web site does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission or other copying or modification of the above and/or the contents herein may be a violation of the law and could subject those engaging in such activities to legal action. You will not delete copyright or other intellectual property rights notices from printouts of electronically accessed materials.
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. You may terminate this Agreement at any time and for any reason. Company reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Service; (b) suspend your access to or use of all or any portion of the Service; and (c) terminate this Agreement. Upon termination, at its sole discretion, Company may refund any unused portion of the subscription fees that You may have paid within six months from the date of termination.
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE. COMPANY MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE.
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.
You agree to indemnify, hold harmless and defend Company, its partners, members, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of or relating to: (a) this Agreement; (b) your use of the Service, including any data or work transmitted or received by you; and (c) any libelous, slanderous, indecent or other statement concerning any person made or republished by you.
a. Law. This Agreement shall be deemed to have been entered into in Santa Clara County, California and governed by the laws of the State of California and the United States without reference to conflicts of laws. All legal proceedings relating to the subject matter of this Agreement shall be maintained in the state or federal courts sitting in Santa Clara County, California, and each party agrees that jurisdiction and venue for any such proceeding shall lie exclusively with such courts.
b. Amendment. Company shall have the right, at any time and without notice, to add to or modify the terms of this Agreement, simply by posting such amended terms herein. Your access, link to or use of the Service after the date such amended terms are delivered to your account with the Service shall be deemed to constitute acceptance of such amended terms.
c. Waiver and Severability. No failure, delay in exercising or enforcing any right or remedy hereunder by Company shall constitute a waiver of any other right or remedy, or future exercise thereof. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.
d. Survival. The respective rights and obligations of the parties under Sections 2, 3, 4, 6, 8, 9 and 10 shall survive any termination or expiration of this Agreement.
e. Notice. If notice is required to be given, such notice shall be given by the use of e-mail. E-mail notification to RAF Research shall be given by use of the e-mail form on the "Contact Us" page of the site. An e-mail notification to You shall be done through Our transmission of the e-mail to the e-mail address that You provided to Us in Your Account Registration Profile. You acknowledge that it is Your responsibility to keep this address updated.