TERMS OF SERVICE ---
OVERVIEW
This website and online software platform are operated by Options Flow LLC (“Options Flow LLC,” “we,” “us,” and “our”). Options Flow LLC offers this website, including all information, tools, and services available from this site and the Options Flow™ Software to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein (collectively, the “Terms of Service”). Please read these Terms of Service carefully before using the site as the Terms of Service constitute a legally binding contract between you and Options Flow LLC. The Terms of Service sets forth the terms and conditions, which govern your access and use of the site and Content, as defined below, and the services and functionality made available on or through the site (collectively, the “Services”) whether as a guest or a registered user. By browsing, accessing or otherwise using the Services in any manner, you hereby accept, without limitation or qualification, (1) the Terms of Service and (2) the Privacy Policy for the site (the “Privacy Policy”). If you do not agree to the Terms of Service or the Privacy Policy, you may not access or use the Services or any portion thereof and must exit the site now. Further, if you do not agree to the Terms of Service or the Privacy Policy, you agree that your sole and exclusive remedy is to discontinue using this site.
Definitions. “Software” means the Options Flow™ online software-as-a-service platform provided by Options Flow LLC, including any web, mobile, desktop, browser extension, and API components, together with all associated data, dashboards, reports, alerts, analytics, and documentation. “Account” means the user profile(s) registered to access the Software. “Subscription” means the paid, time-bound right to access the Software on a recurring basis (e.g., monthly, quarterly, or annually). “Authorized User” means you or your personnel whom you permit to access the Software under your Account. “Output” means the visualizations, alerts, tables, and other on-screen results the Software displays to you. “Usage Data” means technical, analytics, and telemetry data about how the Software is accessed and used.
Any new features or tools which are added to the current website and/or Software shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website without prior notice. It is your responsibility to check this page periodically for changes. You further agree that we will have no further obligation to notify you of any modifications and, unless where otherwise provided by applicable law, such updates or modifications shall become effective immediately upon the posting thereof and will be indicated by the “last updated” date indicated above. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – CONTENT
The site contains a wide variety of Content, as defined below, whether (1) proprietary to Options Flow LLC or (2) proprietary to third parties. “Content” includes, but is not limited to text, data, files, documents, software, scripts, layout, design, function and “look and feel,” graphics, images, audio, videos, audiovisual combinations, interactive features and any other materials that you may view, access and download, but only as expressly permitted herein).You acknowledge and agree that all Content, whether publicly posted or privately transmitted, as well as all derivative works thereof, are owned by Options Flow LLC or other parties that have licensed their material to Options Flow LLC, and are protected by copyright, trademark and other intellectual property laws. Except as specifically permitted herein, Content may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, including by email or other electronic means, without the prior consent of Options Flow LLC or such third-party that owns the Content. All rights not expressly granted herein by Options Flow LLC and/or its licensors to you are reserved by Options Flow LLC and/or its licensors.
You may access and use Content solely for your information and personal, non-commercial use, as intended through the provided functionality of the Services and permitted under these Terms of Service. Any modification of the Content, use of the Content on any website or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, without the prior consent of Options Flow LLC or its licensors, as applicable, is a violation of the copyright, trademark, and other proprietary rights in the Content and is expressly prohibited. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services that prevent or restrict the use or copying of any Content and not to alter, remove, or falsify any attributions or other proprietary designations of origin or source of any Content appearing on the site. You shall not download any Content unless you see a “download” or similar link displayed by us on the site for such Content. If you download any Content from the site, you do so at your own risk. You agree that you are responsible for your own conduct while using the site or Services and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with these Terms of Service, the Privacy Policy, and any applicable law, rules or regulations (including, without limitation, the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, the Investment Advisers Act of 1940, any applicable state “Blue Sky” laws, any other applicable United States federal or state securities laws, regulations and rules, any securities exchange or self-regulatory organization’s rules or regulations, any consumer protection, unfair competition, and anti-discrimination laws or regulations and any applicable foreign laws).
Your use of the Services is at your sole risk and Content is provided to you on an AS IS and AS AVAILABLE basis. You understand that we do not guarantee the accuracy, safety, integrity or quality of Content and you hereby agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity, and accuracy of such Content. Nothing on the Site should be deemed to constitute a recommendation to purchase, sell or hold, or otherwise to constitute advice regarding, any registered or unregistered security. By accessing Content you acknowledge and agree that Options Flow LLC does not engage in the business of effecting securities transactions or providing investment advice and is not registered with the U.S. securities and exchange commission or any state securities regulator as a broker-dealer or investment adviser and does not conduct any activity that would require such registration.
License for Software Access. Subject to your compliance with these Terms of Service and timely payment of all applicable fees, Options Flow LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable right during your Subscription term to access and use the Software for your personal, non-commercial use (or, if you are a business customer, for your internal business purposes), solely through your Account and only in accordance with these Terms of Service.
Prohibited Technical Actions. You may not (and will not permit any third party to): (a) copy, frame, mirror, or create derivative works of the Software; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, models, or underlying data sets, except to the limited extent such restrictions are prohibited by law; (c) bypass, remove, or circumvent any security or usage controls, rate limits, or access restrictions; (d) scrape, harvest, spider, crawl, bulk-download, or export data from the Software (including Output) except through any expressly documented export features we provide; (e) resell, rent, lease, lend, timeshare, or provide the Software or Output to any third party as a service or dataset; or (f) benchmark or publicly disclose performance or availability data of the Software without our prior written consent.
Ownership of Software and Output. As between you and Options Flow LLC, Options Flow LLC and its licensors own all rights, title, and interest in and to the Software, Content, and all related intellectual property. You may view and use Output generated for you by the Software during your active Subscription; however, you obtain no ownership rights in the Software, its data sources, or any underlying intellectual property. We may collect and use Usage Data to operate, maintain, secure, and improve the Software and to develop new features and services.
Market Data; OPRA Terms.
Options market data displayed via the Software may include consolidated quotation and last-sale information disseminated by the Options Price Reporting Authority (“OPRA”). You acknowledge and agree that (i) OPRA Data is and shall remain the property of the OPRA participant on which a reported transaction occurred or quotation was entered; (ii) OPRA Data provided through the Software is licensed, not sold, and may be used solely for your personal use or, if you are a business customer, for your internal business purposes; and (iii) you will not retransmit, redistribute, publish, or make OPRA Data available to any third party (other than your own employees on devices you control and only for internal use), nor create a data feed or service from such data. For clarity, as used here, “current” OPRA Data means data transmitted within the immediately preceding 15 minutes; “delayed” means data older than 15 minutes; and “historical” generally means data from prior trading sessions. OPRA Data and related market-data functionality are provided “AS IS” without warranties of any kind, and neither Options Flow LLC, OPRA, OPRA’s processor, nor any OPRA participant guarantees the timeliness, sequence, accuracy, or completeness of any OPRA Data.
Retail (Non-Professional) Subscriber Only.
Access to OPRA Data via the Software is provided solely to “Non-Professional” subscribers for personal use (or, for business customers, strictly internal use by a single natural-person user). Professional use is not permitted. By accessing OPRA Data, you represent and warrant that you are a Non-Professional, meaning you are a natural person and (a) you are not registered or qualified with, employed by, or acting on behalf of a broker-dealer, investment adviser, futures commission merchant, commodity trading advisor, bank, insurance company, or any entity engaged in the business of securities or commodities; (b) you do not use OPRA Data for any business, professional, institutional, or commercial purpose (including portfolio management for others or in connection with any securities business); and (c) you will not redistribute, retransmit, or otherwise provide OPRA Data to any third party. If your status changes (e.g., you become a Professional), you must immediately cease using OPRA Data via the Software and notify us in writing.
Subscriber Classification; Certifications.
We may require you (and you agree) to provide Pro/Non-Professional status certifications, subscriber agreements, and any other OPRA-mandated click-throughs or attestations, and to update such information upon request. If you misclassify your status or fail to maintain required acknowledgments, we may suspend or terminate access to OPRA Data and charge any applicable OPRA/exchange fees retroactively.
Non-Professional Certification; Documentation.
We may require you to complete and maintain a Non-Professional subscriber certification and provide supporting documentation upon request. Failure to provide or maintain such certification may result in suspension or termination of OPRA Data access.
Audit; Usage Reporting; Fee Changes.
You consent to reasonable audit and usage verification measures (including automated checks) and acknowledge that OPRA and the options exchanges may modify fees, policies, and reporting requirements. We may pass through such fees and changes to you and may invoice or charge them to your payment method consistent with our billing terms.
Misclassification; Back-Billing; Remedies.
If you misclassify your status or otherwise access OPRA Data as a Professional, we may (i) suspend or terminate your access, (ii) back-bill you for any applicable Professional fees and assessments (including OPRA/exchange pass-throughs) for the period of misclassification, and (iii) pursue any other remedies available at law or in equity. You agree to indemnify us for any claims, penalties, or assessments arising from your misclassification or breach of OPRA usage restrictions.
Vendor Display Rule (Reg NMS 603) – Notice.
If you are a broker-dealer or otherwise subject to Regulation NMS Rule 603 (the “Vendor Display Rule”), you are solely responsible for ensuring any consolidated display obligations are met in your environment. Options Flow LLC does not undertake to provide or warrant compliance with the Vendor Display Rule on your behalf.
SECTION 2 – RESTRICTIONS
You agree not to access or use the Services in an unlawful way or for an unlawful or illegitimate purpose, including without limitation any violation of the antifraud or registration provisions of the securities laws of the U.S. or any state therefore. You shall not post or transmit via the Services (a) a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Services in any manner, including through the use of methods such as denial of service attacks, flooding or spamming and you will not transmit, distribute, introduce or otherwise make available in any manner through the Services any computer virus, keyloggers, spyware, worms, Trojan horses, time bombs or other malicious or harmful code. You shall not use the Services in any manner that could damage, disable or impair our services or networks. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Services.
Account Integrity; Seats. You must not share login credentials between individuals. If your plan includes seat limits, each seat is for a single named Authorized User. We may suspend or terminate access if we detect credential sharing, automated access, or activity that exceeds reasonable, human user behavior or documented rate limits.
SECTION 3 – ACCOUNT
You understand that the Services are provided as a courtesy to you and that we may modify, suspend or terminate all or a portion of the Services at any time in our discretion without prior notice to you. We reserve the right, in our sole discretion, to suspend or terminate your Account or access to the Software (including for non-payment, suspected fraud, credential sharing, automated scraping, or material breach of these Terms of Service), and to take any other action we deem appropriate. You agree that Options Flow LLC shall not be liable to you or any third party for any termination of your access to the Services. User account termination may result in the forfeiture and destruction of all information associated with your user account. If you wish to terminate your user account, you may do so by contacting Options Flow LLC’s customer service at support@optionsflow.com. Any fees paid to Options Flow LLC are non-refundable, unless otherwise specified and you shall remain obligated to pay all outstanding charges, if any, relating to your use of the site or Services incurred prior to such termination.
Subscription; Auto-Renewal; Cancellation. Access to the Software is sold as a Subscription that renews automatically at the then-current price for the same term unless you cancel before the end of your current billing period through your account portal or by contacting support@optionsflow.com in accordance with any posted cancellation instructions. If you cancel, your access continues until the end of the then-current billing period, and no partial refunds are provided.
Trials and Promotions. If we offer a free trial or promotional period, we will specify the duration at sign-up. Unless you cancel before the trial ends, your Subscription will convert to a paid plan and your payment method will be charged on the first day after the trial.
Post-Termination Data. Following termination or expiration of your Subscription, we may (but are not obligated to) retain your Account data for a commercially reasonable period. We may permanently delete data associated with your Account after that period or upon your written request where feasible and permitted by law.
Eligibility for OPRA Data (Non-Professional Only).
Access to OPRA Data through the Software is limited to Non-Professional users as defined in Section 1. We may audit usage, request re-attestations, and suspend or terminate access (and back-bill applicable fees) if we determine you do not meet Non-Professional eligibility or if you fail to maintain required certifications.
SECTION 4 – FEEDBACK
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to Options Flow LLC (collectively, “Feedback”) are not confidential and you hereby grant to Options Flow LLC a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion.
SECTION 5 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 6 – LINKS
The site may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the site. When you access third party websites, you do so at your own risk. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites, and you acknowledge that Options Flow LLC is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other websites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit. Please be aware that the terms of our Privacy Policy do not apply to these third party websites.
SECTION 7 – ACCEPTANCE OF USE
This Site is intended solely for users who are at least 18 years of age or older. By using the site, you affirm that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Service and to abide by and comply with these Terms of Service.
SECTION 8 – NO SOLICITATION OR RECOMMENDATION
Content is not to be construed as a solicitation or recommendation of securities. Options Flow LLC does not have investment banking relationships, conduct market making activities, engage in proprietary trading, or have any ownership of any securities issued by a publicly traded company that is the subject of the Services. Options Flow LLC’s officers, associated persons, or members of their families, may at any time be long or short, purchase or sell, or own options, rights or warrants in any securities of the publicly traded companies discussed in any Content, and may make purchases or sales of these securities. Options Flow LLC has no assets under management and is not registered as an investment adviser or broker-dealer with the Securities and Exchange Commission or any state securities regulator.
Content is meant for informational purposes only. Neither the Content nor any opinions expressed therein are a solicitation to purchase or sell any securities or for any other investment-related services. You should consult your portfolio managers, analysts, investment advisers, financial advisors, accountants, attorneys, or investment committees, as applicable, responsible for management of applicable assets before acting on information made available on or through the Services. Content contains forward looking predictions that are subject to certain risks and uncertainties which could cause actual results to differ materially from those currently anticipated or projected. Fees are subject to change at any time. Options Flow LLC provides Content to you in an effort to provide comprehensive information of a range of possible investment opportunities. Securities discussed in the Content are not suitable for all investors due to different needs, objectives, and financial resources. The securities mentioned may not be registered in every state. Investors should consider these factors when making an investment decision. Any questions regarding the Content must be addressed to Options Flow LLC using the contact information set forth in our Privacy Policy. Information obtained from independent sources other than Options Flow LLC (including without limitation, newspapers, magazines, and the Internet) is furnished for informational purposes only; Options Flow LLC has not prepared such sources or approved their contents. The information contained in the Content was obtained from sources believed to be reliable; however, Options Flow LLC does not guarantee its accuracy or completeness. Neither Options Flow LLC nor any of its affiliates renders tax or legal advice. As such, no one should act upon any tax or legal information contained in the Content without consulting a tax professional or attorney.
SECTION 9 – DISCLAIMER OF WARRANTY
Access to the Services is provided “as is” and “as available” without any warranty of any kind, express or implied. To the fullest extent permissible pursuant to applicable law, Options Flow LLC, its affiliates and any person associated with Options Flow LLC and its affiliates, disclaims all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Without limiting the foregoing, Options Flow LLC does not warrant that access to the Services will be uninterrupted or error-free, or that defects, if any, will be corrected; nor does Options Flow LLC, nor any person associated with Options Flow LLC or its affiliates, make any representations about the accuracy, reliability, currency, quality, completeness, usefulness, performance, security, legality or suitability of the Services, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the site or any Services or items obtained through the site will otherwise meet your needs or expectations. You expressly agree that your use of the Services is at your sole risk. You shall be solely and fully responsible for any damage to any computer system, any loss of data, or any improper use or improper disclosure of information caused by you or any person using your login credentials. Options Flow LLC cannot and does not assume any responsibility for any loss, damages or liabilities arising from the failure of any telecommunications infrastructure, or the internet or for your misuse of any of advice, ideas, information, instructions or guidelines accessed through the Services.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or any Services or other proprietary material due to your use of the site or any Services or items obtained through the Site or to your downloading of any material posted on it, or any website linked to it.
Availability; Changes. The Software may be unavailable from time to time due to scheduled maintenance, emergency maintenance, failures of third-party services or networks, or events beyond our reasonable control. Features may be modified, suspended, or discontinued at any time.
Realtime Data Notice (Options Data).
Market-data latency and availability may vary due to network conditions, vendor processing, exchange protocols, or maintenance windows. During trading hours, displayed options data may be delayed (e.g., up to seconds) and is not guaranteed to be real-time, free from omissions, or uninterrupted. Timestamps reflect when a transaction occurred or a quotation was entered as reported by upstream sources; displayed times may differ from the time on your device. All efforts are made to deliver data promptly, but no delivery time or continuity is guaranteed.
SECTION 10 – LIMITATION OF LIABILITY
Options Flow LLC and its officers, directors, agents or employees are not liable to you or any other person for any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with your use of the Services, whether under a theory of breach of contract, tort, negligence, strict liability, malpractice, any other legal or equitable theory or otherwise, even if Options Flow LLC has been advised of the possibility of such damages. You hereby release Options Flow LLC and hold it and its officers, directors, agents and employees harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Services. You waive the provisions of any state or local law limiting or prohibiting a general release.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability also applies with respect to damages incurred by you by reason of any products or services sold or provided on any linked sites or otherwise by third parties other than Options Flow LLC and received through the Services or any linked sites.
Without limiting the limitation of liability above, in the event of any problem with the Services, you agree that your sole and exclusive remedy is to cease using the Services. Under no circumstances shall Options Flow LLC, its officers, directors, agents or employees be liable in any way for your use of Services, including, but not limited to, any errors or omissions in the Services, any infringement by the Services of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of the Services. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
SECTION 11 –
INDEMNIFICATIONWithout limiting the generality or effect of other provisions of these Terms of Service, as a condition of use, you agree to indemnify, hold harmless, and defend Options Flow LLC and its suppliers, lenders, licensors or service providers and, in each case, their officers, directors, affiliates, subcontractors, agents and employees, lenders, licensors and suppliers and their parents, subsidiaries, affiliates, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including reasonable attorney’s fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your use of the Services; (ii) your failure to comply with any applicable laws and regulations; and (iii) your breach of any obligations set forth in these Terms of Service. You shall not settle any such claim without the written consent of the applicable Indemnified Party.
SECTION 12 - PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through the website and/or Software. We have made every effort to display as accurately as possible the colors and images of our products that appear at the website and/or within the Software. We cannot guarantee that your computer monitor's display of any color will be accurate.We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Subscription Pricing; Changes. Subscription prices, features, and plan limitations may change from time to time. Unless otherwise stated, price changes will take effect at the start of your next billing period after notice. Your continued use after the effective date of any change constitutes acceptance of the updated pricing or plan features.
SECTION 13 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made via our website and/or Software. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 14 - OPTIONAL TOOLSWe may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s)
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Third-Party Integrations and APIs. The Software may enable you to connect to third-party services or use an API we make available. Your use of any third-party services is governed solely by those third parties’ terms, and we are not responsible for those services. API usage may be subject to separate documentation, authentication, and rate limits, which you agree to follow.
SECTION 15 - PERSONAL INFORMATIONYour submission of personal information through the website and the Software is governed by our Privacy Policy. If required by law or contract, we may make available a separate data processing addendum (“DPA”) for business customers upon request.
SECTION 16 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 17 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Maine without regard to its rules on conflicts or choice of law that would require or permit the application of the laws of any other jurisdiction. By agreeing to these Terms of Use and using the site and the Services, you agree to submit to personal jurisdiction in Cumberland County in the State of Maine and you hereby consent to the exclusive jurisdiction of such courts in any such suit, action or proceeding and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the exclusive venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum. You agree to waive, to the maximum extent permitted by law, any right to a trial by jury for any matter. You and Options Flow LLC agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. You understand that you may consult with counsel about agreeing to these Terms of Service and you agree that by using the site and the Services, you are voluntarily accepting these Terms of Service.
SECTION 21 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 - DISCLAIMERS
You recognize and agree that we have made no implications, warranties, promises, suggestions, projections, representations or guarantees whatsoever to you about future prospects or earnings, or that you will earn any money, with respect to your purchase of our products, and that we have not authorized any such projection, promise, or representation by others.
Any earnings or income statements, or any earnings or income examples, are only estimates of what we think you could earn. There is no assurance you will do as well as stated in any examples. If you rely upon any figures provided, you must accept the entire risk of not doing as well as the information provided. This applies whether the earnings or income examples are monetary in nature or pertain to advertising credits which may be earned (whether such credits are convertible to cash or not).
There is no assurance that any prior successes or past results as to earnings or income (whether monetary or advertising credits, whether convertible to cash or not) will apply, nor can any prior successes be used, as an indication of your future success or results from any of the information, content, or strategies. Any and all claims or representations as to income or earnings (whether monetary or advertising credits, whether convertible to cash or not) are not to be considered as “average earnings.”
SECTION 23 - REFUND/CANCELLATION POLICY
We have a no refund policy for access to the “Options Flow™ Software.” Given the nature of our product being a subscription to a digital service, all sales are final. This policy protects us from fraudulent activity. By purchasing or renewing a Subscription to the “Options Flow™ Software,” you acknowledge and agree to this policy. You may cancel future renewal any time as described in Section 3 (Subscription; Auto-Renewal; Cancellation). Your access will continue through the end of your current billing period; no partial refunds are provided.
SECTION 24 - ADDITIONAL TERMS & CONDITIONS
Options Flow LLC is the creator, owner, and exclusive publisher of the “Options Flow™” Software, an online SaaS platform delivered on a subscription basis. The Software and all related materials contain copyrighted and proprietary content protected under applicable intellectual property laws. No portion of the Software, including its data, design, code, user interface, or content, may be copied, reproduced, shared, distributed, or transmitted in any form without prior written consent from Options Flow LLC. The information provided is for educational purposes only and does not constitute “investment advisory services” under the Investment Advisers Act of 1940.
Options Flow LLC, whether directly or indirectly through this website, its software, or any of its related products or services, does not engage in the business of advising any individual or entity regarding the value of securities, the advisability of investing in, purchasing, or selling securities, or the issuance or dissemination of analyses or reports concerning securities.
You remain solely responsible for all decisions regarding your purchase and sale of securities, the suitability, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter, and all other matters related to your investments and investment strategies. We do not and will not provide you with any legal, tax, estate planning or accounting advice, or any advice regarding the suitability, profitability or appropriateness of any security, investment, financial product, investment strategy or other matter. You understand, acknowledge and agree that our employees are not authorized to give any such advice, you will neither solicit nor rely on any investment advice from any employee. We recommend that persons desiring to trade or invest in securities do so cautiously and only in consultation with their professional, licensed and qualified financial, legal, tax, estate planning and accounting advisors.
No data, content or information provided by us is intended, and shall not constitute or be construed as, advice or any recommendation to buy or sell securities, nor any offer, or solicitation of an offer, to buy or sell securities, nor an attempt to influence the purchase or sale of any security. We are not registered as an investment adviser either with the U.S. Securities and Exchange Commission, any other federal or national governmental or regulatory authority, or any state securities governmental or regulatory authority, and our business and activities do not require any such registration.
We neither assume responsibility for, nor guarantee the accuracy, currency, completeness or usefulness of information, commentary, recommendations, advice, strategies, investment ideas or other materials that may be accessed by you the “Options Flow™” Software or our other products or services.
If you choose to rely on such information, you understand, acknowledge and agree to do so solely at your own risk. You understand, acknowledge and agree that the research, analysis, news or other information made available through the “Options Flow™” Software or our other products or services is not investment advice and is in no way tailored to reflect any personal financial circumstances or investment objectives and the securities and investment strategies discussed may not be suitable for you. Any determination to purchase or sell securities or otherwise invest in securities must be made solely by you after your independent investigation and evaluation thereof based on your personal financials and other circumstances and without any reliance on the data, content or information provided by us.
We cannot, and do not, independently verify, assess or guarantee the validity, adequacy, timeliness, accuracy or completeness of any data, content or information, the suitability or profitability of any particular security or investment, or the potential value of any security, investment or informational source. You bear sole responsibility for your own investment research and decisions, and should seek the advice of a professional, licensed and qualified securities professional before purchasing or selling any security or making any investment.
All fees charged by us in connection with any product purchased or account or service including the “Options Flow™” Software are exclusive of any taxes, levies, or duties imposed by any taxing authority, and you shall be, and hereby are, responsible for the payment of all such taxes, levies, or duties arising from your purchase of products or use of the website.
The purchase and sale of securities involves a high degree of risk. It is speculative and suitable only for persons who have substantial financial resources. The purchase and sale of securities should only be conducted by persons who understand and accept the risks involved therewith and who have independently reviewed and determined their acceptance and suitability of these risks and the financial and tax consequences thereof. Only persons who are able to bear the risk of substantial or complete loss of funds should engage in the purchase and sale of securities.
The content and information contained on our website, and in our other products and services, do not indicate or guaranty any predictable, general, specific or other results. The purchase and sale of securities, and any other investment activity, involves a high degree of risk, and a number of factors could materially and adversely affect the results and lead to a substantial or complete loss of an investment.
We may express or utilize testimonials or descriptions of past performance, but such items are not indicative of future results or performance, or any representation, warranty or guaranty that any result will be obtained by you. Your results may differ materially from those expressed or utilized by us due to a number of factors.
We reserve the right to revoke any chatroom privileges at any time. If you do not follow the Chat Rules located under “Policies” and “Server Rules,” you will be removed.
Beta and Preview Features. From time to time, we may offer early-access, beta, or experimental features (“Beta Features”). Beta Features are provided for evaluation only, may be modified or discontinued at any time, and are provided “as is” without any warranty or support commitments.
Taxes; Withholding. Fees are exclusive of taxes, levies, and duties (e.g., VAT, GST, sales tax). You are responsible for all such amounts, excluding taxes based on our income. Where we are legally required to collect taxes, we will invoice or charge them to your payment method.
Confidentiality. You may gain access to non-public information about the Software, including features, data sources, methods, and documentation. You agree to keep such information confidential and use it solely to access and use the Software as permitted herein.
Export Controls. You represent that you are not located in, organized under the laws of, or ordinarily resident in any jurisdiction embargoed by the United States, and you will not access or use the Software in violation of applicable export control or sanctions laws.
IF YOU DO NOT AGREE WITH ANY TERM OR PROVISION OF THIS POLICY, PLEASE EXIT THE SITE IMMEDIATELY. YOUR CONTINUED USE OF THE OPTIONS FLOW™ SOFTWARE, WEBSITE, OR ANY RELATED PRODUCTS OR SERVICES CONSTITUTES YOUR CONSENT AND AGREEMENT TO THESE TERMS OF SERVICE.
SECTION 25 - CONTACT INFORMATION
Questions or concerns about these Terms of Service should be sent to us at support@optionsflow.com