OPTION EMPIRE

TERMS &CONDITIONS AGREEMENT

 

PLEASE READ THIS “TERMS & CONDITIONS” AGREEMENT CAREFULLY BEFORE JOINING OPTION EMPIRE OR ACTING UPON ANY TRADE RECOMMENDATION OR ANY INFORMATION PROVIDED BY OPTION EMPIRE.

Option Empire (”we”, “us”, “our”, “Empire”) is an options advisory service and publisher of an educational investment newsletter which provides investment information via its website (www.OptionEmpire.com), email, fax and in other electronic formats. By joining our service and using our information, you agree to accept and be bound by these terms and conditions. This Agreement is made between Option Empire and you, the user and/or member of our service (”you”). We reserve the right, at any time and without prior notice, to change the terms and conditions of this agreement, our website, policies and procedures, investment strategies or procedures for trade recommendations, or our subscription fee structure.

Subscriber Policies

When you register to subscribe, you agree to provide accurate information about yourself as prompted by the appropriate registration form.  In addition, you agree to maintain and update your information to ensure it is accurate, current, and complete at all times.  Only active subscribers are entitled to access our Members Area or to use any information or content contained on our website.

You agree to not, under any circumstances, share your login information (username and password) with anyone else by any means. It is expressly forbidden to allow unauthorized individuals into your account at the Option Empire website.  Nor are you allowed to log in from two or more different locations at any one time. Giving your login information or otherwise allowing a non subscriber to benefit from the information in this website and the trading recommendations is STRICTLY PROHIBITED. Violators will have their account cancelled with no refund of their remaining subscription time and will be prosecuted to the fullest extent allowed by law. We do monitor for abuse to ensure compliance. We reserve the right to deny access to any subscriber found in violation of our terms and conditions.

You agree to not copy, disseminate, reproduce or republish any information or content contained on our website or provided to our subscribers, without our prior written consent and authorization.  This includes, but is not limited to, providing our content or trade recommendations to non-subscribers, trading our recommendations in a non-subscriber account(s), or using our content or trade recommendations in conjunction with any business related activity or solicitation.  Information, content and trade recommendations are for personal use ONLY.

You agree to not transfer or resell your use of or access to any information from Option Empire to any third party. This includes, but is not limited to, any private or commercial sale or use.

You agree to not engage in any copyright, trademark or other propriety rights violations in regards to Option Empire and our website. 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 agree to not engage in any unauthorized or illegal telemarketing or electronic activity, including but not limited to, “hacking”, spamming, or knowingly transmitting viruses, worms, or other harmful or disruptive elements.

If you are an Option Empire subscriber, and you have reason to believe that your online account is no longer secure, you must promptly change your password by updating your account information and/or immediately notify us by emailing us.

Subscription Terms. We offer a 30 Day FREE Trail subscription to new members ONLY.  Any subscriber who has previously been a member of our service, even if only during a previous Trail Period, is NOT eligible for a 30 Day Free Trail subscription. Anyone who elects the 30 Day Free Trail subscription and has previously been a member of our service will be billed for the Trail Period.  Returning members can re-subscribe, or activate, their account to our service.  Our members can choose from various subscription terms:  30 Day, 90 Day (Quarterly), 180 Day (Semi-Annual) and 360 Day (Annual).  All subscription periods start on the day the member subscribers.

Membership Renewal Policy. For your convenience, billing will automatically occur immediately following any 30 Day Free Trail membership subscription (billed at the “Monthly Subscription rate).  All subscription plans other than our “monthly plan” (i.e. Quarterly, Semi-Annual and Annual) will automatically renew at with those subscription terms and subscription price.  We do not notify subscribers prior to billing.  Auto-renewal for your membership may be canceled at any time from the “My Account” page of the Members Area.  Even if you do cancel your membership, you are still considered a ‘paid’ and ‘active’ member until your membership paid period expires. Example: if you are paid through July 15th, and cancel your membership on July 5th, you will still have full access to the membership until July 15th.

If you do not cancel your membership prior to its renewal, there will be no reversal of charges.

Cancellation Policy. You may cancel your subscription to Option Empire at any time.  Subscriptions must be submitted through our Members Area section of our website.  We do not accept cancellations via telephone or emails.  Cancellation will take effect no later than 3 business days after we receive your notification. Monthly subscriptions will not be reimbursed or refunded.  I understand that no refunds or account credit will be given for unused subscription time.

Disclaimer of Warranties and Liability.  Our subscription services involve and include email or other electronic transmissions as delivery methods. Due to the inherent hazards of electronic distribution, there may be delays, omissions, or inaccuracies in either the information, or the delivery of information. Option Empire, its affiliates, and employees cannot and do not warrant the accuracy, completeness, non-infringement, merchantability or fitness of information available through our service.  In no event will Option Empire, its affiliates, and employees be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

Option Empire shall not be liable to you or anyone else for any loss, injury or damage, monetary or otherwise, resulting directly or indirectly from the use of our service or from information presented at EmpireOptionStrategies.com.  Option Empire, its affiliates, and employees are not responsible for any technology related issues including, but not limited to, your inability to log-in to the members areas, loss of passwords, internet technical difficulties, or incompatibility issues.  Nor are we, our affiliates, and employees responsible or liable, for any loss or damage caused by your inability to use or access our website whether or not caused in whole or part by negligence from Option Empire.  In addition, Empire, its affiliates, and employees are not responsible for any losses or damages (including, without limitation, consequential, incidental, direct or any other damages) that may arise due to auto-trading our recommendations through optionsXpress “Xecute” service, whether or not caused in whole or part by negligence from Option Empire and/or optionsXpress.

This service is provided “as is,” without warranty of any kind, either expressed or implied, including without limitation, any warranty for information, data, services, uninterrupted access, or products provided through or in connection with our service.  Option Empire disclaims any and all warranties.  This disclaimer of liability applies to any damages or injury caused by any aspect of our service.

If you have problems receiving emails or any other electronic delivery, please verify your email address and your service provider is working properly.  If this does not correct the problem, please contact us via email through the Members Area of our website. We will make every effort to assist you in potential solutions that may fix delivery issues.

Termination. This Agreement shall remain effective until terminated in accordance with its terms. Option Empire may terminate this Agreement, and/or your access to and use of the “Site” or any portion thereof, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement. In addition, we reserve the right, upon 10 business days’ notice and the reimbursement of any monies due according to the cancellation policy above, to terminate this Agreement without cause.

Other Websites. Our website may contain links to other internet websites or resources. We neither control nor endorse such other websites, nor have we approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

Risk Disclosure. Option Empire is a general financial publication service and research organization, of general public circulation, used for educational purposes only.  Subscribers and visitors are advised that any commentary, opinions, content, or reports on our website or from our service, is issued solely for information purposes and should not to be construed as an offer to sell or the solicitation of an offer to buy any security.  Nor should any content, opinions, commentary and/or report be regarded as personal investment advice to you.  Option Empire and its officers and employees are not registered investment advisors or securities broker/dealers, either with the U.S. Securities and Exchange Commission or with any state securities regulatory authority.  Any information or commentary presented by, and contained on, our website or from our service is not to be regarded as investment advice, but for general informational purposes only.  We recommend consulting with your own independent registered investment advisor or financial advisor with respect to your specific financial situation and financial planning.  Whether you invest with or without seeking your own independent financial advice, you assume sole responsibility for your investment results.

Trading options does involve substantial risks of loss and is not appropriate for everyone. Therefore, ONLY RISK CAPITAL SHOULD BE USED FOR TRADING. Risk capital is defined as the money that a person can afford to lose. We cannot guarantee performance and do not guarantee against any loss of principle or capital. You assume the entire cost and risk of any trading you choose to undertake. You are solely responsible for making your own investment decisions.

DISCLAIMERS. UNDER NO CIRCUMSTANCE ARE OPTION EMPIRE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS LIABLE FOR ANY INCIDENTIAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OF BUSINESS. THIS SECTION SHALL ALSO SURVIVE THE TERMINATION OF THIS AGREEMENT. Your sole remedy for dissatisfaction with the Site and/or content contained within the Site is to stop using the Site or other information from Option Empire. The sole and exclusive maximum liability to the company for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence), or otherwise) shall be the total amount paid by you, if any, to access the Site or its contents.

Indemnification. You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; or (b) your activities in connection with the Site or any services related to the Site. This indemnification extends to and includes any attorney’s fees and costs incurred by us arising from any action or claims to which this indemnification applies, or from the contesting of the applicability of this provision. This section survives termination of this Agreement.

THIS AGREEMENT IS GOVERNED BY AND MUST BE CONSTRUED UNDER THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES. YOU AGREE TO SUBMIT YOURSELF TO THE PERSONAL JURISDICTION OF THE COURTS IN THE STATE OF TEXAS.

GENERAL. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with applicable laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect. Option Empire and its officers and employees are not registered investment advisors or broker/dealers. Option Empire is a financial publication service and research organization which provides unbiased information for educational purposes only. Readers are advised that the commentary and reports on its website are issued solely for information purposes and should not to be construed as an offer to sell or the solicitation of an offer to buy any security. The opinions and analyses included herein are based from sources believed to be reliable and written in good faith, but no representation or warranty, expressed or implied, is made as to their accuracy or completeness.

YOU SHOULD VERIFY ALL CLAIMS AND DO YOUR OWN RESEARCH BEFORE INVESTING IN ANY SECURITIES MENTIONED IN OPTION EMPIRE RECOMMENDATIONS OR WEBSITE. INVESTING IN SECURITIES IS SPECULATIVE AND CARRIES A HIGH DEGREE OF RISK. YOU MAY LOSE PART OR ALL OF YOUR PRINCIPAL INVESTMENT.

Subscribers and visitors of our service are urged to consult with their own independent financial advisors with respect to any investment. All information contained in this report should be independently verified with the companies mentioned. Neither Option Empire, nor its officers, directors, partners, contributors or employees/consultants, accept any liability whatsoever for any direct or consequential loss arising from any use of information on this website or any use of information in its newsletters.

Option Empire, and its officers, directors, partners, contributors or employees/consultants may on occasion hold positions in the securities mentioned in its website and in its newsletters. However, these positions may change at anytime. Option Empire does not receive compensation of any kind from any publicly traded companies that it mentions on its website and in its newsletters.

The terms and conditions of this Terms of Use Agreement may be modified by Option Empire at any time.

USE OF THIS SITE OR USE OF ANY INFORMATION FROM OPTION EMPIRE SIGNIFIES YOUR AGREEMENT TO THIS TERMS OF USE AGREEMENT.

We can be reached at:    Option Empire, 2303 Ranch Road 620 South, Ste 135-139, Austin, TX 78734

Phone:  (Please email our service department – Allow 24-48 hours for a response)

Email:  info@optionempire.com

The terms and conditions of this Terms of Use Agreement may be modified by Option Empire at anytime. We recommend you review this Agreement periodically to ensure familiarity with the most current version.

Last updated: April 2, 2009