TERMS & CONDITIONS OF USE/DISCLAIMER
|Changes may be made to the Disclaimer at any time without notice. Accordingly, you also agree to review the
Disclaimer regularly and your continued access or use of the website means that you agree to any changes to the Disclaimer.|
This site has been issued for and on behalf of OptionIQ, LLC. in relation to the OptionIQ Trading System.
|HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM.|
ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK IN ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.
|1. Copyright Information|
|© Copyright 2019 OptionIQ.com. All rights reserved. All content, graphics and publications on this site are protected by U.S. copyright and international treaties and may not be copied without the express permission of OptionIQ, LLC. ("OptionIQ"), which reserves all rights. Re-use of any of OptionIQ's content and graphics by user for any purpose is strictly prohibited. User understands that all pages viewed by subscription or trial are copyright protected products of OptionIQ. User understands that it is illegal to forward or re-transmit these pages in any form without written authorization from OptionIQ. User also understands that he/she is prohibited from allowing any unauthorized person to view part or all of these pages. The user agrees that the use of the program and website is for personal use only and no information or trading information will be shared with, or distributed to, any third party including individual, broker or corporation. User agrees that if he/she should violate these terms, User accepts full financial liability to pay the annual subscription price for all additional readers or recipients and any other loss of revenue suffered by OptionIQ.|
|2. Terms & Conditions of Use - General|
|(a) Please read the Terms & Conditions of Use/Disclaimer as this contains important information concerning
regarding the use of this website (the site). By accessing this site, you accept and agree to be bound by, and comply with, the terms and conditions of use.|
These Terms & Conditions of Use/Disclaimer are to be read in conjunction with any terms, conditions or disclaimers provided in the pages of the site. The Terms & Conditions of Use/Disclaimer contain important information and warnings regarding the risks associated with futures trading and the OptionIQ Trading System and should be accessed and read before reading the information for the OptionIQ Trading System displayed on the site.
If you access and use this site, you accept and agree to be bound by and comply with the Terms & Conditions of Use. If you do not accept the Terms & Conditions of Use, do not use the site. This site has been issued for and on behalf of OptionIQ in relation to the OptionIQ Trading System.
(b) This Agreement may be terminated immediately by either party should the other party breach any term of this Agreement and such breach continue for five (5) working days after written notice has been served of such breach. OptionIQ may also terminate this agreement and the OptionIQ Subscription Agreement for good cause which shall include any act by the Subscriber which violates the Terms & Conditions of OptionIQ's website.
|3. Changes to Terms & Conditions of Use/Disclaimer|
|OptionIQ reserves the right to change the Terms & Conditions of Use or any material on this website at any time.
Any such change will become effective immediately upon publication to this website. You agree to review these Terms & Conditions of Use/Disclaimer each time you access this site.|
|4. Intellectual Property|
|This website and all information contained therein, including, without limitation, the look and feel of the site and all design, text, images, trademarks, trade names, logos, white papers, press releases and other information, and all software products advertised, presented, or discussed therein, is protected under United States and other copyright laws and is owned by OptionIQ or used under license from the owner of the respective intellectual property rights. In addition, all right, title, and interest in all servers and server-based technology related to this website, and all information contained therein, including, without limitation, protocols, parameters, designs, specifications, and user identification algorithms, and technology underlying such algorithms are owned by OptionIQ. The foregoing may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without OptionIQ's prior written consent, except to the extent that such use is expressly authorized under the United States copyright laws. OptionIQ's trademarks, trade names, logos, images, and, service marks used on this site are the property of OptionIQ and may not be used without prior written permission from OptionIQ and then only with proper acknowledgment.|
|5. Disclaimers of Warranties and Liability|
|A. OPTIONIQ, ITS EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSOCIATES DO NOT REPRESENT OR IMPLY ANY PERFORMANCE LEVEL, RESULTS OR GUARANTEE IN RELATION TO THE OPERATION OF THE OPTIONIQ TRADING SYSTEM SOFTWARE OR THIS SITE NOR DO THEY MAKE ANY CLAIM THAT THE USE OF OPTIONIQ TRADING SYSTEM SOFTWARE OR THIS SITE WILL RESULT IN A PARTICULAR PROFIT OR PREVENT ANY LOSS FOR A USER.|
B. OPTIONIQ AND IT'S EMPLOYEES, AGENTS, REPRESENTATIVES AND ASSOCIATES DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION OR ANALYSIS ON THIS SITE. THERE MAY BE OMISSIONS OR INACCURACIES ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, OPTIONIQ SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THIS SITE AND MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATION OR WARRANTY REGARDING THE OPTIONIQ TRADING SYSTEM. OPTIONIQ
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGES RESULTING FROM THE USE OF THE OPTIONIQ TRADING SYSTEM SOFTWARE OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THIS SITE OR ANY INFORMATION DISPLAYED ON THIS SITE.
C. IN NO EVENT SHALL OPTIONIQ BE LIABLE TO ANY PARTY FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, OR LOSS OF SAVINGS), OR ANY OTHER DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM - OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO UTILIZE THE OPTIONIQ TRADING SYSTEM SOFTWARE AND/OR THIS WEBSITE, EVEN IF OPTIONIQ SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU, BUT SHALL APPLY, IN ANY EVENT, TO THE MAXIMUM EXTENT POSSIBLE.
D. YOUR ABILITY TO ACCESS THIS SITE MAY, FROM TIME TO TIME, BE DELAYED AND/OR INTERRUPTED DUE TO SCHEDULED AND/OR UNSCHEDULED CAUSES. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND. NO WARRANTY IS MADE THAT THE FUNCTIONS OR SERVICES PERFORMED BY USER IN CONNECTION WITH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT IT'S OWN RISK.
E. OPTIONIQ DOES NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES. IT IS THE SOLE RESPONSIBILITY OF THE USER TO ISOLATE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE, AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR INFORMATION, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE USER'S INFORMATION OR SYSTEM.
|It is important to note that the products, services and information on this site are only available to United States
residents. Accordingly, this site does not constitute an offer to transact business in any jurisdiction other than the United States.|
|8. User Obligations|
|Any person accessing or using this site undertakes the following obligations: (a) to comply with all applicable laws and regulations; (b) not to introduce into this website, or any network or equipment supporting this site, any virus, worm, harmful code, Trojan horse or other disabling service; (b) not to attempt to interfere with or disrupt the website, or any network and/or other equipment supporting it; (d) not to attempt to gain improper access to or otherwise interfere with any system or network connected to or affiliated with this site. Any violation of these obligations is grounds for denying a user access to and use of this website in addition to other available remedies.|
|9. No Recommendation|
|Option trading involves substantial risk and is not appropriate for all investors. Please read this complete disclaimer for more information regarding the risks of option trading. Information provided on the site, including daily price data, is believed to be reliable when posted, but there is no guarantee that it is accurate or complete or current at all times.|
|10. Risks of Futures Trading|
|The OptionIQ Trading System is a program that seeks to assist you in trading futures options over stock indices. In deciding whether or not you wish to become involved in futures trading with a futures broker, you should be aware you could both gain and lose large amounts of money. Without limitation, you risk losing money because:|
(a) You could lose all the margin funds you deposit with the futures broker to establish or maintain a futures position and lose further amounts as described in paragraph (c) below.
(b) If the market moves against your position, you may be required, at short notice, to deposit with the futures broker further moneys as margin in order to maintain your position. Those additional funds may be substantial. If you fail to provide those additional funds within the required time your position may be liquidated. You will be liable for any shortfall in your account resulting from that liquidation.
(c) You could lose all monies deposited with the futures broker, and in addition be required to pay the futures broker further funds representing losses and other fees on your open and closed positions.
(d) Under certain conditions, it could become difficult or impossible for you to liquidate or close a position (this can, for example, happen when there is significant change in prices over a short period).
(e) The placing of contingent orders (such as a "stop-loss" order) may not always limit your losses to the amounts that you may want. Market conditions may make it impossible to execute such orders.
(f) The high degree of leverage that is obtainable in futures trading with the futures broker because of small margin requirements can work against you as well as for you. The use of leverage can lead to large losses as well as large gains.
(g) Futures and options trading is not appropriate for everyone. There is a substantial risk of loss associated with trading futures and options on futures. Only risk capital should be used.
(h) No representation is being made that futures and options on futures trading is appropriate for everyone or that it should be viewed as an alternative, replacement or supplemental form of income.
Some of the website and OptionIQ material refer to "Testimonials". Please read the disclaimer below concerning testimonials.
No representation is being made that the use of the trading methodology will generate profits or eliminate losses from trading. None of the results referenced in any testimonial are necessarily indicative of trading results that may or will be experienced in the future. In addition, losses may have been incurred subsequent to the date on which the testimonial was provided. There is a substantial risk of loss associated with trading futures and options on futures. Only risk capital should be used.
You should discuss these matters further with your broker prior to commencing any trading.
|11. The OptionIQ Trading System|
|Use of the OptionIQ Trading System, described in the pages of this site, is subject to the terms and conditions of
the user agreement governing its use, which may change from time to time. However, you should be aware that:|
(a) The OptionIQ Trading System is a program that calculates the probability that the price of a futures contract or option contract will exceed boundaries selected by you for the purposes of assisting you in the making decisions in relation to the purchase, sale or holding of options over the relevant futures contract. As such, it does not provide recommendations to you as to when you should initiate, hold or close a futures or option position. No statement in this website or the OptionIQ Trading System is to be construed as investment advice, or a recommendation, solicitation or offer to buy or sell any option or any other security.
(b) The OptionIQ education and training material and seminars provided to users of the OptionIQ Trading System is only intended to provide users with a basic understanding of futures and options trading and how to use the OptionIQ Trading System to trade futures and options.
(c) In providing the OptionIQ Trading System and the related training, OptionIQ does not take into account a user's investment objectives, financial situation and particular needs.
(d) Before making a trading decision a user should consider, with or without assistance of your own financial adviser or futures broker, whether the trade the user intends to make is appropriate in light of his particular investment needs, objectives and financial circumstances.
(e) It is recommended that your financial advisor or futures broker be consulted before making any decision to buy or sell a futures or option on futures contract.
|12. Not offering any personal advice|
|The information included on this site is provided only to give you a basic understanding of futures options trading and the OptionIQ Trading System and is not intended to provide specific financial or investment advice for you, and should not be relied upon in that regard. You should not act or rely on the information on this site without seeking the advice of your financial adviser or futures broker who will ensure that your own circumstances have been considered and that action is taken on the latest available information.|
|13. Members' Area|
|Users of the Members' area of this site are also obligated to abide by the terms, conditions and disclaimers
provided in those pages of the site.|
|14. Use of Broker.|
|User agrees and acknowledges that the OptionIQ methodology does not provide personalized investment advice and that each Member must determine whether his income, net worth, risk capital and risk tolerance are appropriate for trading options on futures. It is strongly recommended that a futures broker be consulted before any decision is made to buy or sell a futures option.|
|15. Dispute Resolution|
|This agreement shall be governed by the laws of the State of California. Any dispute arising out of or concerning this website or products offered or sold by OptionIQ shall be resolved by arbitration before the National Futures Association. All hearings shall be held, at the discretion and election of OptionIQ, in Los Angeles, California, or Chicago, Illinois. OptionIQ reserves the right, however, in its election to bring any action in a court of law whose situs is located in the State of California, Court of Los Angeles or Chicago, Illinois, to enforce any legal or equitable right. Member agrees to waive any right Member may have to transfer or change the venue of any litigation brought against Member by OptionIQ.|