
TERMS AND CONDITIONS OF
USE
We have
taken every effort to design our Web site to be useful, informative,
helpful, honest and fun. Hopefully we’ve accomplished that — and would
ask that you let us know if you’d like to see improvements or changes that
would make it even easier for you to find the information you need and
want.
All
we ask is that you agree to abide by the following Terms and Conditions.
Take a few minutes to look them over because by using our site you
automatically agree to them. Naturally, if you don’t agree, please do
not use the site. We reserve the right to make any modifications that we
deem necessary at any time. Please continue to check these terms to see
what those changes may be! Your continued use of the OptionsUniversity.com Web sites mean that you accept those changes.
Restrictions on Use of Our Online Materials
All Online Materials on the OptionsUniversity.com site, including,
without limitation, text, software, names, logos, trademarks, service
marks, trade names, images, photos, illustrations, audio clips, video
clips, and music are copyrighted intellectual property. All usage rights are owned and controlled by OptionsUniversity.com. You, the
visitor, may download Online Materials for non-commercial, personal use
only provided you 1) retain all copyright, trademark and propriety
notices, 2) you make no modifications to the materials, 3) you do not
use the materials in a manner that suggests an association with any of
our products, services, events or brands, and 4) you do not download
quantities of materials to a database, server, or personal computer for
reuse for commercial purposes. You may not, however, copy, reproduce,
republish, upload, post, transmit or distribute Online Materials in any
way or for any other purpose unless you get our written permission
first. Neither may you add, delete, distort or misrepresent any content
on the OptionsUniversity.com site. Any attempts to modify any Online Material,
or to defeat or circumvent our security features is prohibited.
Everything you download, any software, plus all files, all images
incorporated in or generated by the software, and all data accompanying
it, is considered licensed to you by OptionsUniversity.com or third-party
licensors for your personal, non-commercial home use only. We do not
transfer title of the software to you. That means that we retain full and
complete title to the software and to all of the associated
intellectual-property rights. You’re not allowed to redistribute or sell
the material or to reverse-engineer, disassemble or otherwise convert it
to any other form that people can use.
Submitting Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments, or other information
that you send to OptionsUniversity.com through our site (other than
information we promise to protect under our privacy policy becomes and
remains our property, even if this agreement is later terminated.
That
means that we don’t have to treat any such submission as confidential. You
can’t sue us for using ideas you submit. If we use them, or anything like
them, we don’t have to pay you or anyone else for them. We will have the
exclusive ownership of all present and future rights to submissions of any
kind. We can use them for any purpose we deem appropriate to our
OptionsUniversity.com
mission, without compensating you or anyone else for them.
You
acknowledge that you are responsible for any submission you make. This
means that you (and not we) have full responsibility for the message,
including its legality, reliability, appropriateness, originality, and
copyright.
Limitation of Liability
OptionsUniversity.com WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT
ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
- USE OF (OR INABILITY TO USE) THE SITE
- USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU
HYPERLINK FROM OUR SITE
- FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU
EXPECTED OR DESIRED
- ERROR ON OUR SITE
- OMISSION ON OUR SITE
- INTERRUPTION OF AVAILABILITY OF OUR SITE
- DEFECT ON OUR SITE
- DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
- COMPUTER VIRUS OR LINE FAILURE
- PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES,
INCLUDING:
- DAMAGES INTENDED TO
COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
- DAMAGES REASONABLY
EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS
"CONSEQUENTIAL DAMAGES.")
- OTHER MISCELLANEOUS
DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN
IN LEGAL TERMS AS "INCIDENTAL DAMAGES.")
WE
ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE
LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE
IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY
WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF
DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES,
INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE
CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY
NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER
LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO
ACCESS OUR SITE.
Links to Other Site
We sometimes provide referrals to and links to other World Wide Web sites
from our site. Such a link should not be seen as an endorsement, approval
or agreement with any information or resources offered at sites you can
access through our site. If in doubt, always check the Uniform Resource
Locator (URL) address provided in your WWW browser to see if you are still
in a OptionsUniversity.com-operated site or have moved to another site.
OptionsUniversity.com is not responsible for the content or practices of
third party sites that may be linked to our site. When
OptionsUniversity.com
provides links or references to other Web sites, no inference or
assumption should be made and no representation should be inferred that
OptionsUniversity.com is connected with, operates or controls these Web
sites. Any approved link must not represent in any way, either explicitly
or by implication, that you have received the endorsement, sponsorship or
support of any OptionsUniversity.com site or endorsement, sponsorship or
support of OptionsUniversity.com, including its respective employees,
agents or directors.
Termination of This Agreement
This agreement
is effective until terminated by either party. You may terminate this
agreement at any time, by destroying all materials obtained from all
OptionsUniversity.com Web site, along with all related documentation and
all copies and installations. OptionsUniversity.com may terminate this
agreement at any time and without notice to you, if, in its sole judgment,
you breach any term or condition of this agreement. Upon termination, you
must destroy all materials. In addition, by providing material on our Web
site, we do not in any way promise that the materials will remain
available to you. And OptionsUniversity.com is entitled to terminate all
or any part of any of its Web site without notice to you.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of the United States, you are
responsible for compliance with any applicable local laws.
These Terms of Use shall be governed by, construed and enforced in
accordance with the laws of the Florida, as it is applied to agreements
entered into and to be performed entirely within such jurisdiction.
To
the extent you have in any manner violated or threatened to violate
OptionsUniversity.com and/or its affiliates' intellectual property
rights, OptionsUniversity.com and/or its affiliates may seek injunctive
or other appropriate relief in any state or federal court in the State of
Florida, and you consent to exclusive jurisdiction and venue in such
courts.
Any
other disputes will be resolved as follows:
If a
dispute arises under this agreement, we agree to first try to resolve it
with the help of a mutually agreed-upon mediator in the following
location: Palm Beach County, Florida. Any costs and fees other than
attorney fees associated with the mediation will be shared equally by each
of us.
If
it proves impossible to arrive at a mutually satisfactory solution through
mediation, we agree to submit the dispute to binding arbitration at the
following location: Palm Beach County, Florida, under the rules of the
American Arbitration Association. Judgment upon the award rendered by the
arbitration may be entered in any court with jurisdiction to do so.
OptionsUniversity.com may modify these Terms of Use, and the agreement
they create, at any time, simply by updating this posting and without
notice to you. This is the ENTIRE agreement regarding all the matters that
have been discussed. |