AGREEMENT TO TERMS
These Terms of Use constitute a legally binding
agreement made between you, whether personally or on
behalf of an entity (“you”) and OPTION BANDITS("Company",
“we”, “us”, or “our”), concerning your access to and use
of the https://optionbandits.com website as well as any
other media form, media channel, mobile website or mobile
application related, linked, or otherwise connected
thereto (collectively, the “Site”). You agree that by
accessing the Site, you have read, understood, and agreed
to be bound by all of these Terms of Use. IF YOU DO NOT
AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that
may be posted on the Site from time to time are hereby
expressly incorporated herein by reference. We reserve the
right, in our sole discretion, to make changes or
modifications to these Terms of Use at any time and for
any reason. We will alert you about any changes by
updating the “Last updated” date of these Terms of Use,
and you waive any right to receive specific notice of each
such change. It is your responsibility to periodically
review these Terms of Use to stay informed of updates. You
will be subject to, and will be deemed to have been made
aware of and to have accepted, the changes in any revised
Terms of Use by your continued use of the Site after the
date such revised Terms of Use are posted.
The information provided on the Site is not intended for
distribution to or use by any person or entity in any
jurisdiction or country where such distribution or use
would be contrary to law or regulation or which would
subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who
choose to access the Site from other locations do so on
their own initiative and are solely responsible for
compliance with local laws, if and to the extent local
laws are applicable.
The Site is not tailored to comply with
industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if
your interactions would be subjected to such laws, you may
not use this Site. You may not use the Site in a way that
would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 18 years
old. Persons under the age of 18 are not permitted to use
or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary
property and all source code, databases, functionality,
software, website designs, audio, video, text,
photographs, and graphics on the Site (collectively, the
“Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by
us or licensed to us, and are protected by copyright and
trademark laws and various other intellectual property
rights and unfair competition laws of the United States,
international copyright laws, and international
conventions. The Content and the Marks are provided on the
Site “AS IS” for your information and personal use only.
Except as expressly provided in these Terms of Use, no
part of the Site and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted,
distributed, sold, licensed, or otherwise exploited for
any commercial purpose whatsoever, without our express
prior written permission.
Provided that you are eligible to use the Site, you are
granted a limited license to access and use the Site and
to download or print a copy of any portion of the Content
to which you have properly gained access solely for your
personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content
and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all
registration information you submit will be true,
accurate, current, and complete; (2) you will maintain the
accuracy of such information and promptly update such
registration information as necessary; (3) you have the
legal capacity and you agree to comply with these Terms of
Use; (4) you are not a minor in the jurisdiction in which
you reside; (5) you will not access the Site through
automated or non-human means, whether through a bot,
script or otherwise; (6) you will not use the Site for any
illegal or unauthorized purpose; and (7) your use of the
Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate,
not current, or incomplete, we have the right to suspend
or terminate your account and refuse any and all current
or future use of the Site (or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree
to keep your password confidential and will be responsible
for all use of your account and password. We reserve the
right to remove, reclaim, or change a username you select
if we determine, in our sole discretion, that such
username is inappropriate, obscene, or otherwise
objectionable.
PRODUCTS
All products are subject to availability. We reserve the
right to discontinue any products at any time for any
reason. Prices for all products are subject to change.
PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
You agree to provide current, complete, and accurate
purchase and account information for all purchases made
via the Site. You further agree to promptly update account
and payment information, including email address, payment
method, and payment card expiration date, so that we can
complete your transactions and contact you as needed.
Sales tax will be added to the price of purchases as
deemed required by us. We may change prices at any time.
All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect
for your purchases and any applicable shipping fees, and
you authorize us to charge your chosen payment provider
for any such amounts upon placing your order. If your
order is subject to recurring charges, then you consent to
our charging your payment method on a recurring basis
without requiring your prior approval for each recurring
charge, until such time as you cancel the applicable
order. We reserve the right to correct any errors or
mistakes in pricing, even if we have already requested or
received payment.
We reserve the right to refuse any order placed
through the Site. We may, in our sole discretion, limit or
cancel quantities purchased per person, per household, or
per order. These restrictions may include orders placed by
or under the same customer account, the same payment
method, and/or orders that use the same billing or
shipping address. We reserve the right to limit or
prohibit orders that, in our sole judgment, appear to be
placed by dealers, resellers, or distributors.
2. SERVICE FEES
2a. Services Fees. “Paid Services” include but are not
limited to receive daily alerts. We’ll tell you about fees
for Paid Services before charging you. If you don’t
pay for Paid Services on time, we reserve the right to
suspend or cancel your access to the Paid Services. Our
fees will appear on an invoice that we provide via the
Services, and within your eCommerce Payment Processor
account(s). We use Telegram to send out the daily
alerts.
2b. Our Payment Processor. We use a third party payment
processor (the “Payment Processor”) to bill you through a
payment account linked to your Account. The processing of
payments will be subject to the terms, conditions and
privacy policies of the Payment Processor, in addition to
this Agreement. We also Stripe.com to manage your
payments. Your payments are processed by in accordance
Stripe.com terms of service and privacy policy. You agree
to pay us, through the Payment Processor, all charges at
the prices then in effect for any purchase in accordance
with the applicable payment terms. You agree to make
payment using the payment method you provide with your
Account. We reserve the right to correct, or to instruct
our Payment Processor to correct, any errors or mistakes,
even if payment has already been requested or received.
3. REFUNDS
We do not offer any refunds. ALL SALES ARE FINAL. Once
again, WE DO NOT OFFER ANY REFUNDS. Any disputes or
chargebacks will refer to our Terms that you are
accepting.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other
than that for which we make the Site available. The Site
may not be used in connection with any commercial
endeavors except those that are specifically endorsed or
approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the
Site to create or compile, directly or indirectly, a
collection, compilation, database, or directory without
written permission from us.
2. Make any unauthorized use of the Site, including
collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by automated
means or under false pretenses.
3. Use a buying agent or purchasing agent to make
purchases on the Site.
4. Use the Site to advertise or offer to sell goods and
services.
5. Circumvent, disable, or otherwise interfere with
security-related features of the Site, including features
that prevent or restrict the use or copying of any Content
or enforce limitations on the use of the Site and/or the
Content contained therein.
6. Engage in unauthorized framing of or linking to the
Site.
7. Trick, defraud, or mislead us and other users,
especially in any attempt to learn sensitive account
information such as user passwords.
8. Make improper use of our support services or submit
false reports of abuse or misconduct.
9. Engage in any automated use of the system, such as
using scripts to send comments or messages, or using any
data mining, robots, or similar data gathering and
extraction tools.
10. Interfere with, disrupt, or create an undue burden on
the Site or the networks or services connected to the
Site.
11. Attempt to impersonate another user or person or use
the username of another user.
12. Use any information obtained from the Site in order to
harass, abuse, or harm another person.
13. Sell or otherwise transfer your profile.
14. Use the Site as part of any effort to compete with us
or otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial enterprise.
15. Decipher, decompile, disassemble, or reverse engineer
any of the software comprising or in any way making up a
part of the Site.
16. Attempt to bypass any measures of the Site designed to
prevent or restrict access to the Site, or any portion of
the Site.
17. Harass, annoy, intimidate, or threaten any of our
employees or agents engaged in providing any portion of
the Site to you.
18. Delete the copyright or other proprietary rights
notice from any Content.
19. Copy or adapt the Site’s software, including but not
limited to Flash, PHP, HTML, JavaScript, or other code.
20. Upload or transmit (or attempt to upload or to
transmit) viruses, Trojan horses, or other material,
including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes
with any party’s uninterrupted use and enjoyment of the
Site or modifies, impairs, disrupts, alters, or interferes
with the use, features, functions, operation, or
maintenance of the Site.
21. Upload or transmit (or attempt to upload or to
transmit) any material that acts as a passive or active
information collection or transmission mechanism,
including without limitation, clear graphics interchange
formats (“gifs”), 1×1 pixels, web bugs, cookies, or other
similar devices (sometimes referred to as “spyware” or
“passive collection mechanisms” or “pcms”).
22. Except as may be the result of standard search engine
or Internet browser usage, use, launch, develop, or
distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper, or
offline reader that accesses the Site, or using or
launching any unauthorized script or other software.
23. Disparage, tarnish, or otherwise harm, in our opinion,
us and/or the Site.
24. Use the Site in a manner inconsistent with any
applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site does not offer users to submit or post
content. We may provide you with the opportunity to
create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or on
the Site, including but not limited to text, writings,
video, audio, photographs, graphics, comments,
suggestions, or personal information or other material
(collectively, "Contributions"). Contributions may be
viewable by other users of the Site and through
third-party websites. As such, any Contributions you
transmit may be treated in accordance with the Site
Privacy Policy. When you create or make available any
Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public
display, or performance, and the accessing, downloading,
or copying of your Contributions do not and will not
infringe the proprietary rights, including but not limited
to the copyright, patent, trademark, trade secret, or
moral rights of any third party.
2. You are the creator and owner of or have the necessary
licenses, rights, consents, releases, and permissions to
use and to authorize us, the Site, and other users of the
Site to use your Contributions in any manner contemplated
by the Site and these Terms of Use.
3. You have the written consent, release, and/or
permission of each and every identifiable individual
person in your Contributions to use the name or likeness
of each and every such identifiable individual person to
enable inclusion and use of your Contributions in any
manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or
misleading.
5. Your Contributions are not unsolicited or unauthorized
advertising, promotional materials, pyramid schemes, chain
letters, spam, mass mailings, or other forms of
solicitation.
6. Your Contributions are not obscene, lewd, lascivious,
filthy, violent, harassing, libelous, slanderous, or
otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage,
intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten
(in the legal sense of those terms) any other person and
to promote violence against a specific person or class of
people.
9. Your Contributions do not violate any applicable law,
regulation, or rule.
10. Your Contributions do not violate the privacy or
publicity rights of any third party.
11. Your Contributions do not contain any material that
solicits personal information from anyone under the age of
18 or exploits people under the age of 18 in a sexual or
violent manner.
12. Your Contributions do not violate any applicable law
concerning child pornography, or otherwise intended to
protect the health or well-being of minors;
13. Your Contributions do not include any offensive
comments that are connected to race, national origin,
gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link
to material that violates, any provision of these Terms of
Use, or any applicable law or regulation.
Any use of the Site or the Marketplace Offerings in
violation of the foregoing violates these Terms of Use and
may result in, among other things, termination or
suspension of your rights to use the Site and the
Marketplace Offerings.
CONTRIBUTION LICENSE
You and Site agree that we may access, store,
process, and use any information and personal data that
you provide following the terms of the Privacy Policy and
your choices (including settings).
By submitting suggestions or other feedback regarding the
Site, you agree that we can use and share such feedback
for any purpose without compensation to you.
We do not assert any ownership over your Contributions.
You retain full ownership of all of your Contributions and
any intellectual property rights or other proprietary
rights associated with your Contributions. We are not
liable for any statements or representations in your
Contributions provided by you in any area on the Site. You
are solely responsible for your Contributions to the Site
and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action
against us regarding your Contributions.
SUBMISSIONS
You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback, or other
information regarding the Site or the Marketplace
Offerings ("Submissions") provided by you to us are
non-confidential and shall become our sole property. We
shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted
use and dissemination of these Submissions for any lawful
purpose, commercial or otherwise, without acknowledgment
or compensation to you. You hereby waive all moral rights
to any such Submissions, and you hereby warrant that any
such Submissions are original with you or that you have
the right to submit such Submissions. You agree there
shall be no recourse against us for any alleged or actual
infringement or misappropriation of any proprietary right
in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the
Site or the Marketplace Offerings) links to other websites
("Third-Party Websites") as well as articles, photographs,
text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or
items belonging to or originating from third parties
("Third-Party Content"). Such Third-Party Websites and
Third-Party Content are not investigated, monitored, or
checked for accuracy, appropriateness, or completeness by
us, and we are not responsible for any Third Party
Websites accessed through the Site or any Third-Party
Content posted on, available through, or installed from
the Site, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or other
policies of or contained in the Third-Party Websites or
the Third-Party Content. Inclusion of, linking to, or
permitting the use or installation of any Third-Party
Websites or any Third-PartyContent does not imply approval
or endorsement thereof by us. If you decide to leave the
Site and access the Third-Party Websites or to use or
install any Third-Party Content, you do so at your own
risk, and you should be aware these Terms of Use no longer
govern. You should review the applicable terms and
policies, including privacy and data gathering practices,
of any website to which you navigate from the Site or
relating to any applications you use or install from the
Site. Any purchases you make through Third-Party Websites
will be through other websites and from other companies,
and we take no responsibility whatsoever in relation to
such purchases which are exclusively between you and the
applicable third party. You agree and acknowledge that we
do not endorse the products or services offered on
Third-Party Websites and you shall hold us harmless from
any harm caused by your purchase of such products or
services. Additionally, you shall hold us harmless from
any losses sustained by you or harm caused to you relating
to or resulting in any way from any Third-Party Content or
any contact with Third-Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms of Use;
(2) take appropriate legal action against anyone who, in
our sole discretion, violates the law or these Terms of
Use, including without limitation, reporting such user to
law enforcement authorities; (3) in our sole discretion
and without limitation, refuse, restrict access to, limit
the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any
portion thereof; (4) in our sole discretion and without
limitation, notice, or liability, to remove from the Site
or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our
systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to
facilitate the proper functioning of the Site and the
Marketplace Offerings.
PRIVACY POLICY
We care about data privacy and security. Please
review our Privacy Policy:
https://optionbandits.com/privacy. By using the Site or
the Marketplace Offerings, you agree to be bound by our
Privacy Policy, which is incorporated into these Terms of
Use. Please be advised the Site and the Marketplace
Offerings are hosted in the United States. If you access
the Site or the Marketplace Offerings from any other
region of the world with laws or other requirements
governing personal data collection, use, or disclosure
that differ from applicable laws in the United States,
then through your continued use of the Site, you are
transferring your data to the United States, and you
expressly consent to have your data transferred to and
processed in the United States.
TERM AND TERMINATION
These Terms of Use shall remain in full force and
effect while you use the Site. WITHOUT LIMITING ANY OTHER
PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO,
IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,
DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE
OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO
ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR
OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE
OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING,
IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any
reason, you are prohibited from registering and creating a
new account under your name, a fake or borrowed name, or
the name of any third party, even if you may be acting on
behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take
appropriate legal action, including without limitation
pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove
the contents of the Site at any time or for any reason at
our sole discretion without notice. However, we have no
obligation to update any information on our Site. We also
reserve the right to modify or discontinue all or part of
the Marketplace Offerings without notice at any time. We
will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance
of the Site or the Marketplace Offerings.
We cannot guarantee the Site and the Marketplace Offerings
will be available at all times. We may experience
hardware, software, or other problems or need to perform
maintenance related to the Site, resulting in
interruptions, delays, or errors. We reserve the right to
change, revise, update, suspend, discontinue, or otherwise
modify the Site or the Marketplace Offerings at any time
or for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use
the Site or the Marketplace Offerings during any downtime
or discontinuance of the Site or the Marketplace
Offerings. Nothing in these Terms of Use will be construed
to obligate us to maintain and support the Site or the
Marketplace Offerings or to supply any corrections,
updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Site and the
Marketplace Offerings are governed by and construed in
accordance with the laws of the State of Texas applicable
to agreements made and to be entirely performed within the
State of Texas, without regard to its conflict of law
principles.
DISPUTE RESOLUTION
Any legal action of whatever nature brought by
either you or us (collectively, the "Parties" and
individually, a "Party") shall be commenced or prosecuted
in the state and federal courts located in Dallas, TX, and
the Parties hereby consent to, and waive all defenses of
lack of personal jurisdiction and forum non conveniens
with respect to venue and jurisdiction in such state and
federal courts. Application of the United Nations
Convention on Contracts for the International Sale of
Goods and the Uniform Computer Information Transaction Act
(UCITA) are excluded from these Terms of Use. In no event
shall any claim, action, or proceeding brought by either
Party related in any way to the Site be commenced more
than one (1) years after the cause of action arose.
CORRECTIONS
There may be information on the Site that contains
typographical errors, inaccuracies, or omissions that may
relate to the Marketplace Offerings, including
descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the
information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL
BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT
OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE
WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND
MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE
OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY
THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY
CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY
KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN
ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
RESULTS MAY NOT BE TYPICAL AND MAY VARY FROM PERSON TO
PERSON. MAKING MONEY TRADING STOCKS TAKES TIME,
DEDICATION, AND HARD WORK. THERE ARE INHERENT RISKS
INVOLVED WITH INVESTING IN THE STOCK MARKET, INCLUDING THE
LOSS OF YOUR INVESTMENT. PAST PERFORMANCE IN THE MARKET IS
NOT INDICATIVE OF FUTURE RESULTS. ANY INVESTMENT IS AT
YOUR OWN RISK. OPTION BANDITS IS NOT REGISTERED AS A
FINANCIAL ADVISOR. OUR PROFIT RECORDINGS SIMPLY SHOWCASE
THE POTENTIAL OF OPTIONS. YOU AGREE TO NEVER FOLLOW OR
COPY TRADE THE ALERTS. TRADING OPTIONS IS RISKY, STRESSFUL
AND NOT EASY.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE,
LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF
THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU
TO US DURING THE TWO (2) MONTH PERIOD PRIOR TO ANY CAUSE
OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us
harmless, including our subsidiaries, affiliates, and all
of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and
expenses, made by any third party due to or arising out
of: (1) use of the Site; (2) breach of these Terms of Use;
(3) any breach of your representations and warranties set
forth in these Terms of Use; (4) your violation of the
rights of a third party, including but not limited to
intellectual property rights; or (5) any overt harmful act
toward any other user of the Site with whom you connected
via the Site. Notwithstanding the foregoing, we reserve
the right, at your expense, to assume the exclusive
defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at
your expense, with our defense of such claims. We will use
reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this
indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to
the Site for the purpose of managing the performance of
the Site, as well as data relating to your use of the
Site. Although we perform regular routine backups of data,
you are solely responsible for all data that you transmit
or that relates to any activity you have undertaken using
the Site. You agree that we shall have no liability to you
for any loss or corruption of any such data, and you
hereby waive any right of action against us arising from
any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Site, sending us emails, and completing
online forms constitute electronic communications. You
consent to receive electronic communications, and you
agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email
and on the Site, satisfy any legal requirement that such
communication be in writing. YOU HEREBY AGREE TO THE USE
OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES,
AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US
OR VIA THE SITE. You hereby waive any rights or
requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily
resolved, you can contact the Complaint Assistance Unit of
the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North
Market Blvd., Suite N 112, Sacramento, California 95834 or
by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules
posted by us on the Site or in respect to the Site
constitute the entire agreement and understanding between
you and us. Our failure to exercise or enforce any right
or provision of these Terms of Use shall not operate as a
waiver of such right or provision. These Terms of Use
operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to others
at any time. We shall not be responsible or liable for any
loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of
a provision of these Terms of Use is determined to be
unlawful, void, or unenforceable, that provision or part
of the provision is deemed severable from these Terms of
Use and does not affect the validity and enforceability of
any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created
between you and us as a result of these Terms of Use or
use of the Site. You agree that these Terms of Use will
not be construed against us by virtue of having drafted
them. You hereby waive any and all defenses you may have
based on the electronic form of these Terms of Use and the
lack of signing by the parties hereto to execute these
Terms of Use.
This website and the information and services contained
herein are provided for educational and entertainment
purposes only.
CONTACT US
In order to resolve a complaint regarding the Site
or to receive further information regarding use of the
Site, please contact us at: support@optionbandits.com.