1. ACCEPTANCE
By signing up for a trial or paid subscription, accessing, or using Option Maximizer ("Software"), or visiting optionmaximizer.com (“Site”), You agree to the terms of this Agreement. If You do not agree to any term(s) of this Agreement, do not subscribe to, access or use the Software or the Site in any way. This Agreement is a legally binding agreement between You and Prima Innotech, LLC ("Company," "We," "Us" or "Our") regarding Your use of the Company Software and Company Site. From time to time, We may in Our sole discretion update or modify the Agreement. The most recent version of the Agreement is located at: http://www.optionmaximizer.com.
2. SOFTWARE RIGHTS GRANTED
You are granted certain rights to use the Software, it is not sold to You. Specifically, You are granted limited, worldwide, royalty-free, non-assignable, non-sublicenseable, non-transferable and non-exclusive rights to use the Software. You are permitted to access and use the Software exclusively for Your private and personal purposes. Each subscription to Software is valid per one individual and limited to one concurrent login. You may not concurrently launch multiple sessions using a single user id from one or multiple devices.
You must lawfully acquire the Software from Us or Our resellers authorized to sell subscriptions. Otherwise, You don't have a right to use the Software. You may only purchase access the Software from Company's website or Company’s authorized resellers. You agree to provide only truthful information for the purposes of the activation and/or registration process.
3. TRIAL PERIOD
You may access the Software only for the purpose of evaluation for a trial period. At the end of the trial period, You must either stop using the Software or pay for the subscription to the Software to continue using it. Upon expiration of the trial period, You will immediately discontinue use of the Software and delete and destroy all user documentation that may have been provided as part of the evaluation from Your computer and any other communication devices on which You have installed or from which you have accessed the trial version.
If You decide to subscribe to the Software after the expiration of the trial period, you can purchase a continued subscription membership at the applicable subscription rates.
4. INTELLECTUAL PROPERTY
Our IP. The Software and Site are protected by the US and international intellectual property laws and treaty provisions. You agree that Company, the Company logos, and other Company trademarks, service marks, and graphics are trademarks of Company or trademarks of Company's partners ("Marks"). You are not granted a right to use Marks without the owner's permission. You will not remove, obscure or alter any proprietary notices affixed to or contained within the Software. You understand and agree that We have the right to stop selling, distributing, servicing or updating any part of the Software and services or offerings at any time.
Your Data. You shall own all rights, title and interest in and to all of the data inputted by the You or on Your behalf for the purpose of using the Software. You shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of Your data.
5. YOUR RESPONSIBILITIES
The Software may include product activation and other technology designed to prevent unauthorized use and copying. You may not sell, rent, lease, resell, or loan Your access to the Software. If You purchase the Software subscription as a gift to a third person, the third person must accept the terms of this Agreement before using the Software. You may not reverse engineer, decompile or disassemble the Software. You may not modify or create derivative works based upon the Software. Any modification or creation of a derivative work will be considered copyright infringement. You shall not rent, sell, lease, license, lend or otherwise transfer the Software or derivative works. You shall not make the Software or derivative works available on through any time-sharing or network arrangement to any third party. You shall not attempt to avoid or undo the copy protection system incorporated into the Software.
You represent and warrant to Us that You will comply with all applicable laws and regulations impacting Your use of the Software including data protection and privacy laws. You agree that You will not use the Software in a way that is unlawful or that violates the rights of a third party. If We get sued or a claim is brought against Us by a third party due to Your actions, then You agree to defend, indemnify and hold Company harmless. You may receive updates, bug fixes, feature enhancements or improvements, or other data relating to the Software (collectively “Updates”) downloaded to Your computer with a notice describing what is included in the Update and the purpose of the Update. You will have to choose either to install the Update on Your computer device or opt out and not install the Update. If You do not install the Updates the Software may not perform properly.
6. USE REQUIREMENTS
In order to use the Software or the Site, You must:
- Be 18 years of age or older and of full legal capacity to form a binding contract;
- Acknowledge that the service will not provide advice tailored to individual investors or Your needs. Investing is an inherently risky activity and You can lose money. You must consider Your financial circumstances, risk tolerance, liquidity needs and investment objectives. Please seek the advice of an authorized investment professional or independent financial adviser before relying on any information provided by Us;
- Comply with all applicable laws and market regulations;
- Acknowledge that We may or may not hold the securities listed;
- Agree that subscription material is for one subscriber’s use only. Distributing or sharing any subscription information will result in termination of Your subscription and You will forfeit the remaining balance, without refund. You may not republish, upload, post, transmit or distribute materials from the Software or our websites in any way, without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Software or our websites.
- Ensure all information provided to Us is accurate, honest and not misleading;
- Notify Us of any changes to Your registration details, in particular Your email address;
- Agree that We may refuse or deny access to anyone, using Our reasonable discretion;
- Agree that no Software or Site content should be used or regarded as a recommendation, an offer, or solicitation of an offer, from Us to buy or sell securities.
- Acknowledge that We will comply with all required information requests from government and regulatory agencies
- Discontinue using the Software after the expiration of your subscription period.
7. LIMITATION OF LIABILITY
The Software, under normal use, will substantially conform to the features and functionality as set forth in the specifications, however, the Software may contain some bugs and errors. Bug fixes and Updates will be provided from time to time.
Company may remedy substantial defects of the Software at its reasonable discretion by (a) providing a patch or update, or (b) cancelling the Agreement. If You alter the Software in any way without being authorized by Company, Company will not remedy defects caused by such alteration and You are liable for any damages incurred by Company due to Your unauthorized alteration. You are required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of Your data.
8. DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.
We use reasonable care in compiling the data and will use reasonable endeavors to make the Software and the Site available to You. Nevertheless, You are expected to make Your own investment decisions after seeking independent financial advice first.
We assume no responsibility or liability for Your trading and investment results. The indicators, strategies, columns, articles and all other features are provided for informational and educational purposes only and should not be construed as investment advice.
THE SOFTWARE AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY, COMPANY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
Without limiting the generality of the foregoing, we are NOT liable for the following in relation to Your use of the Service:
- - Any financial loss;
- - Any indirect or consequential loss or loss of profits or revenue or investment;
- - Factual, technical or typographical errors or omissions, missing or unavailable or incomplete Content or the fact Content is not up to date;
- - Loss of data;
- - Events beyond Our reasonable control, including telecommunications or the Internet and computer viruses, downtime or delays in the Service or in provision of Content.
OUR MAXIMUM LIABILITY WILL BE THE AMOUNT OF ANY FEES PAID BY YOU IN SIX MONTHS PRECEDING THE DATE WHEN THE CLAIM AROSE. NO CLAIM SHALL BE BROUGHT AGAINST US MORE THAN ONE YEAR AFTER THE RELATED CAUSE OF ACTION HAS OCCURRED. You agree the above liability arrangement is reasonable given the nature and cost of the services provided by Company.
COMPANY NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SOFTWARE, COMPANY SITE AND/OR CONTENT CONTAINED ON THE SOFTWARE OR THE SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY IS TO STOP USING THE SOFTWARE OR THE SITE.
9. AUDIT
We may audit Your Software usage for anti-piracy purposes, to verify a valid registration, and identify if new Updates are available for Your Computer prior to sending You a notice to install a new Software Update, and to assess Your use of the Software. Company will not conduct more than one (1) audit per year. If the audit results find that Your use does not conform to a valid license, then You will immediately obtain a valid license for the Software and pay the reasonable cost of audit and collection fees, including reasonable attorney fees.
10. INDEMNIFICATION
You agree to defend, indemnify and hold Us and our affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from Your use of the Software or the Site, or related to any violation of this Agreement by You or users of Your account.
11. REFUND POLICY
We do not issue refunds. If you purchased the Software subscription though Amazon, their refund policy governs the transaction and you should contact Amazon directly. The Amazon refund policy is available at http://www.amazon.com.
12. NO PARTNERSHIP OR AGENCY
Nothing in this Agreement is intended to or shall operate to create a partnership between the parties, or authorize either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
13. MISCELLANEOUS
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of New Jersey, without reference to conflict of laws principles, and the competent court of Newark, New Jersey shall have jurisdiction over all disputes relating to this Agreement. This Agreement specifically excludes the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing said Convention, if otherwise applicable. Except as expressly set forth herein to the extent permitted by applicable law, this Agreement shall not prejudice the non-excludable, statutory rights of any party dealing as a consumer. This Agreement is the entire agreement between You and Company and supersedes any other communications or advertisements with respect to the Software and documentation. If Company has provided You with a translation of the English language version of this Agreement, You agree that such translation is provided for Your convenience only and that the English language version, not the translation, of this Agreement will be legally binding on You.
Amendments. No modifications or amendments to this Agreement will be binding upon Company unless made in writing and duly executed by You and an authorized representative of Company.
Severability. If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable but only to the extent of its illegality, invalidity, or unenforceability and shall be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties.
No Waiver. No term or provision in the Agreement will be considered waived, and no breach excused, unless such waiver is in writing signed on behalf of the party against whom the waiver is asserted. No waiver (whether express or implied) will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach.
Title and Headers. The title of this Agreement and its headings are used for convenience of reference only.
Compatibility. Some Company Software versions may not be compatible with various computer operating systems and Company may not release Updates. Your Software may not be compatible with computer operating systems that You may purchase now or in the future. It is Your responsibility to verify that the Software will function properly on Your operating system and computer.
Assignment. We may transfer, assign or subcontract the rights, interests or obligations under this Agreement, at our sole discretion, without obtaining your consent.
No Third Party Rights. This Agreement does not confer any rights on any third party.
Third Party Technology. You understand that Company Software may be incorporated into, and may incorporate itself into, Agreement and other technology owned and controlled by third parties. This Agreement remains effective with such incorporation. Any and all other third party agreements or technology that may be distributed together with the Company Software may be subject to You explicitly accepting a license agreement of that third party. Any illustrative information provided about any third party site or software is strictly for informational purposes only, and is not be construed as a recommendation or solicitation by Us.
Data Security. We will take all possible precautions to safeguard the privacy of subscriber data and information but unfortunately transmission of data over the Internet is not always secure. We are not liable for any loss of Your data.
Modifications. We reserve the right to change the Software, including eliminating or discontinuing any content on or feature of the Software.
14. NOTICES
Send all notices, questions and requests to option.maximizer@gmail.com.
I certify that I have read and agree to the Subscription Agreement. I acknowledge that Option Maximizer is provided "as is" without warranty of any kind, either expressed or implied.