OptionsMastery

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TERMS AND CONDITIONS of use for the OptionsMastery.com website and TradeFinder Newsletters (the "Website")

The Website users must read these terms and conditions of use prior to their use of this Website and TradeFinder service.

Upon purchase of a license to use the OptionsMastery application, a user's continuing access or use of the Website signifies the USER'S ACCEPTANCE OF THESE TERMS AND CONDITIONS FOR USE OF THE WEBSITE ("Terms"). From time to time, Options Trading & Education LLC reserves all rights to modify the Terms of the Website. Accordingly, a user should continue to review the Terms whenever accessing or using the Website. A user's access or use of the Website after the posting of modifications to these Terms will constitute such user's acceptance of the Terms, as modified. If a user refuses to accept the Terms, such user may not use the Website. Any terms and conditions proposed by a user which are in addition to or which conflict with these Terms are expressly rejected by Options Trading & Education LLC and shall be of no force or effect.

CONSENT TO TERMS AND CONDITIONS FOR USE. You, as a Website user, represent that you have read, understand, and agree to be bound by the Terms for the Website. You also agree (a) that your use of the Website is subject to all applicable international, federal, state, and local laws, (b) not to use the Website for illegal purposes, and (c) not to interfere with or disrupt the Website or networks connected to the Website.

COPYRIGHTS, TRADEMARKS, SERVICE MARKS, AND PROPRIETARY RIGHTS. The design of, as well as the materials, content, text, graphics, and information contained in, the Website ("Materials") are owned, licensed, and controlled by Options Trading & Education LLC or the party credited as the owner, licensor, or provider of such Materials. The Materials on the Website, including, but not limited to all menu pages, content, text, video, audio and graphics are protected by copyrights, trademarks, service marks, and/or other proprietary rights and laws of the United States and other countries. The Website is also protected as a collective work or compilation under United Kingdom, United States copyright and other laws. You agree to comply with all applicable copyright and other laws. You may view, print and download one copy of the contents for your personal non-commercial use, provided, you maintain all copyright, trademark and other notices contained on the Materials. You may not otherwise copy, reproduce, alter, store either in hard copy or in an electronic retrieval system, license, transmit, display, teach, broadcast, create a derivative work from, publish, rent, sublicense, distribute, or otherwise use in whole or in part in any other manner the Materials without Options Trading & Education LLC's prior written consent. Request for such consent must be made in writing and should be mailed to Options Trading & Education LLC, 1233 Wilshire Blvd., Suite 331, Santa Monica, CA, USA; or you may send an e-mail message to: info@OptionsMastery.com.

DISCLAIMERS. Although the contents provided on the Website have been obtained from sources believed to be reliable, they are provided to you on an "AS IS" basis. Options Trading & Education LLC makes no warranties, expressed, implied, or statutory including, but not limited to, warranties of merchantability, fitness for a particular purpose, accuracy, timeliness, completeness, or non-infringement to users and/or any third party. You acknowledge that (a) the Materials are provided for general informational and educational purposes only and are not intended for trading purposes, (b) that Options Trading & Education LLC does not guarantee the accuracy, completeness or timeliness of the Materials provided on the Website or any linked website, and (c) that the provision of certain portions of the Website is subject to the terms and conditions of other agreements to which Options Trading & Education LLC is a party. ACCORDINGLY, OPTIONS TRADING & EDUCATION LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, AGENTS, AND ASSIGNEES (THE "COVERED PARTIES") SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, LOST PROFITS OR LOST OPPORTUNITIES, WHETHER OR THE COVERED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES FOR (a) ANY ERRORS OR OMISSIONS IN THE MATERIALS OR OTHER RESOURCES AND DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THE MATERIALS; (b) ANY DELAYS, ERRORS OR INTERRUPTIONS IN THE TRANSMISSION OF ANY INFORMATION; (c) YOUR USE OF THE MATERIALS (REGARDLESS OF WHETHER YOU RECEIVED ANY ASSISTANCE FROM A COVERED PARTY IN USING THE MATERIALS), OR (d) YOUR USE OF ANY EQUIPMENT IN USING THE MATERIALS OR (e) LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER A CLAIM ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE MATERIALS SHALL NOT EXCEED THE AMOUNT OF THE PRICE PAID FOR MEMBERSHIP TO THE APPLICATION. YOUR RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY COVERED PARTY.

WEBSITE DISCLAIMER. Options involve risk and are not suitable for all investors. Prior to buying or selling an option, a person must receive a copy of Characteristics and Risks of Standardized Options . This can be obtained from the Options Clearing Corporation (1888-options), One North Wacker Drive, Suite 500, Chicago IL 60606. Investors need a broker to trade options, and must meet suitability requirements. The information on this Website is provided solely for general education and information purposes and therefore should not be considered complete, precise, or current. Many of the matters discussed are subject to detailed rules, regulations, and statutory provisions which should be referred to for additional detail and are subject to changes that may not be reflected in the Website information. No statement within the Website should be construed as a recommendation to buy or sell a security or to provide investment advice. The inclusion of advertisements on the Website should not be construed as an endorsement or an indication of the value of any product, service, or website. The Terms and Conditions of use for the OptionsMastery.com website govern use of this Website and use of this Website will be deemed acceptance of those Terms and Conditions.

The data contained in this Software requires dividend payments to be manually inputted where appropriate by the user and should not be considered as a professional advice to perform any specific investment. The calculations within the Application are based on the Black-Scholes Options Pricing Model and Options Trading & Education LLC shall not be liable to any claim relating to the accuracy or validity of any calculations or content on this Website. Simulated results and un-executed trades do not represent actual trading and the results may under or over compensate for the impact, if any, of certain market factors, such as lack of liquidity or inconsistent market data. Simulated trading programs are generally designed with hindsight, whereas real trading occurs without hindsight. No representation is made that any account is or will be likely to achieve profits or losses similar to those shown. The user of the Software shall solely be responsible for any action and/or investment made based on the data and calculations contained in this Software and/or any other use of the data and calculations of this Software. Options Trading & Education LLC shall not be liable for or accept any responsibility for damage of any kind that may be caused by the use of this software and/or by the use of any data and/or information contained in, generated by and/or granted by this Software. This software is not to be used for third party training or teaching purposes such as seminars or workshops without the express written consent of Options Trading & Education LLC. Options Trading & Education LLC reserves the right to terminate any individual memberships if any member is suspected of using the Application for any and such unauthorized purposes.

The calculations and rankings within the TradeFinders are based on mathematical formulae and equations using probability distribution functions at the previous end of day's trading closing prices. TradeFinder is designed to rank trades for selected strategies based on yields and their associated probabilities. Whilst we make every effort to filter only for liquid stocks and options, TradeFinder takes no account of Fundamental or Technical Analysis and as such makes no claims as to the safety, timeliness or profitability of any stocks selected within the searches. Simulated results and un-executed trades do not represent actual trading and the results may under or over compensate for the impact, if any, of certain market factors, such as lack of liquidity or inconsistent data quotes. Simulated trading programs are generally designed with hindsight, whereas real trading occurs without hindsight. No representation is made that any account is or will be likely to achieve profits or losses similar to those shown.

Email support is provided on support@OptionsMastery.com.

REPRESENTATIONS. You represent, warrant and covenant that: (a) you have the power, competence and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Website only as set forth in the Terms.

INDEMNIFICATION. You agree, at your expense, to indemnify, defend and hold harmless Options Trading & Education LLC, its officers, directors, members, employees, affiliates, subsidiaries, agents, and assignees from any and all claims, suits, actions, or other proceedings based on or arising in connection with the Website or any links on the Website, including, but not limited to: (a) a violation of the Terms by you or any other person using your computer (or account); (b) your use of the Website; (c) a claim that any use of the Website by you or any other person using your computer (or account) infringes any intellectual property rights of any third party, or any right of publicity or privacy, is libelous or defamatory, or otherwise results in injury or damage to any third party; (d) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Website by you or any other person using your computer (or account); (e) any misrepresentation or breach of representation or warranty made by you contained herein; or (f) any breach of any covenant or agreement to be performed by you hereunder. Options Trading & Education LLC's cooperation in such defense is made without waiver of any attorney-client, work-product, or other legal privileges. You agree to be responsible and liable for any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

TERMINATION. Options Trading & Education LLC may terminate the subscription for access to the Website. The effective date of such termination shall be ten days after the receipt of an appropriate notice of termination, unless a later date is specified in the notice. These Terms will terminate immediately without notice from Options Trading & Education LLC if Options Trading & Education LLC determines that you have failed to comply with any provision of these Terms. Options Trading & Education LLC reserves the right to seek all remedies available at law and in equity for your violation of these Terms. Upon termination by you or upon notice of termination by Options Trading & Education LLC, you must destroy promptly all Materials obtained from the Website. Sections two through six (2 - 6) and eight through ten (8 - 10) shall survive any termination of the Terms.

In any event this license agreement will terminate after a maximum of twelve months from activation whereupon the user will be invited to renew membership provided full remittance has been received in respect of his/her annual, quarterly or monthly payments.

GOVERNING LAW. The Terms shall be governed and construed in accordance with the laws of California and the United States.

SEVERABILITY. If any provision of the Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in force.

REFUNDS. Unless otherwise stated for specific offers, Options Trading & Education LLC operates a 21-day money back guarantee in respect of the first 21 days of Annual Subscriptions only. In any case our refund policy is at the discretion of management.

COPYRIGHT. OptionsMastery is a trade marks (TM) of Options Trading & Education LLC. All rights reserved. Copyright © 2002-2004 Options Trading & Education LLC.

ENTIRE AGREEMENT. The Terms and any other OptionsMastery terms and conditions for use of the Website, and its successor Websites, constitute the entire agreement between you and Options Trading & Education LLC and govern your use of the Website.
 
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