Terms of Use

NOTICE OF ARBITRATION PROVISIONS:

Your use of the Services is subject to binding individual arbitration of any disputes which may arise, as provided below and in these Terms of Use. Please read the arbitration provisions carefully and do not use the Services if you are unwilling to arbitrate any disputes you may have with us as provided below.

This Agreement (this “Agreement”) governs the use of the programs, products, services, opt-in gifts, e-books, videos, webinars, blog posts, e-newsletters, consultations, e-mails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, social media, software, videos, webinars, User Automations (as defined below), research and/or other communications (collectively, the “Services”) that are made available by Option Alpha, LLC, and its subsidiaries and affiliated companies/brands (collectively, the “Company,” “we,” or “us”) on, through, or in connection with its any website(s) available with the root address at this web address (URL): https://www.optionalpha.com (the “Website”). These Terms of Use incorporate by reference the Company's Risk Disclosure Agreement, which can be found here. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with the Company, or its affiliates and/or partners, for services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf. This Agreement represents the whole agreement and understanding between us and you, the person that accesses or uses the Services and/or the Website (such person, “you,” “User” or "Visitor").

ACCEPTANCE OF TERMS

PLEASE READ THIS AGREEMENT CAREFULLY

This Agreement sets forth the terms and conditions that apply to your use of the Services. By using the Services, you agree that you have read, understand and fully accept to be legally bound by this Agreement.

Any form of transfer or sublicense, or unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, or exploitation (commercial or otherwise), of any portion of the Services, is hereby expressly prohibited.

CHILDREN'S ONLINE PRIVACY PROTECTION ACT NOTIFICATION

By your access or use of the Services and the Website, you (i) represent and warrant that you are at least eighteen (18) years of age and (ii) agree to comply with all of the terms and conditions set out in this Agreement and the Company’s Privacy Policy. The Services and the Website are intended solely for users who are eighteen (18) years of age or older, and any registration by, use of or access to the Services or the Website by anyone under the age of 18 is unauthorized, unlicensed and in violation of this Agreement.

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Services identifying current providers of such protections is available from the Electronic Frontier Foundation website located at http://www.eff.org. To view Services on our policy regarding the privacy of children under the age of 18, please see our Privacy Policy.

We may terminate your right to access or use the Services or the Website at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that we believe is harmful to our business, or for conduct where your use of the Services and/or Website is harmful to any other party.  If you do not agree to these conditions, STOP reading now, and do not access or use the Services and/or the Website.

We may, in our sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Visitors upon posting of the modified Agreement to this web address (URL): https://optionalpha.com/legal/terms-of-use. You are responsible to read this document from time to time to ensure that your use of the Services and/or Website remains in compliance with this Agreement.‍

FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY‍

The Website’s contents are for educational and informational purposes only and solely as a self-help tool for your personal use. Accordingly, you should not rely on the Services or Website in making any investment.  The Company makes no representations or warranties, either expressed or implied, with respect to the accuracy or completeness of the Services or the Website. You should always check with your financial, investment, legal, tax and/or other professional advisors to determine the suitability of any investment.‍

NOT LEGAL OR FINANCIAL ADVICE‍

The Company and its affiliates, owners, managers, employees, shareholders, officers, directors, other personnel, representatives, agents or independent contractors (collectively, “Company Persons”) do not hold themselves out to be attorneys, accountants financial advisor, or investment advisors, nor do any Services or other Website contents constitute legal, accounting, investing or other professional advice to you.  You acknowledge and agree that the Services and this Website are not intended to be a substitute for the legal, accounting, financial investing or other professional advice that can be provided by your own professional advisors.‍

NO WARRANTIES‍

THE COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATED TO THE PERFORMANCE, OPERATION OR CONTENTS OF ITS WEBSITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON OR THROUGH THE WEBSITE).  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL (1) BE UNINTERRUPTED; (2) MEET YOUR REQUIREMENTS; OR (3) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SERVICES AND SERVICE IS SOLELY AT YOUR RISK.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND THE WEBSITE ARE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.‍

PERSONAL RESPONSIBILITY‍

You agree that the information you provide to us on or through the Website will be accurate. You acknowledge that you are voluntarily using the Website and that you are solely and personally responsible for your choices, actions and results in connection with that use, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any Services or this Website, and you agree to use your own judgment and due diligence in connection with your use of any Services or this Website.‍

NO GUARANTEES‍

You acknowledge and agree that no promise or guarantee of success or profitability has been made between you and the Company or any Company Person.‍

INTELLECTUAL PROPERTY RIGHTS

Our Limited License to You.‍

The Company’s Services and the Website are the property of the Company and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.

The content of the Services and the Website is solely owned by or licensed to us, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, graphics of the Services or Website or any other material or aspects of materials provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of this Agreement. If you purchase certain of our Services from the Company (such purchased Services, “Programs, Products or Services”), you will be considered our licensee (“Licensee”) with respect to such Programs, Products or Services. For the avoidance of doubt, all Services obtained through us (whether or not Programs, Products or Services) is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use the Services or the Website contents in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.

You are being granted a limited license to access or use the Services and the Website with permission and restrictions. This means that when you purchase Programs, Products or Services from the Website or otherwise, you are purchasing the limited right to use such Services in the form that is provided by us to you with certain conditions as specified in this Agreement.

You are permitted to access and use the Services and Website as follows:

You may download and/or print Information for your own personal use. However, you are NOT permitted to share, sell, reprint or republish any other of our Services, for resale or mass reproduction purposes for your own business use.‍

Any trademarks, taglines, and logos displayed on the Services are trademarks belonging to us. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.

For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Services titles or any other title or Services of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.

All rights not expressly granted in these terms or any express written license, are reserved by us.‍

Information You Are Prohibited from Sharing with Others

‍As a Licensee, you understand and acknowledge that the Services or Website have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use.

When you access or enroll in Services (including, without limitation, purchasing Programs, Products or Services) or the Website, you agree that you are clearly and expressly prohibited from doing the following:

• You will NOT copy, share or steal the Services or Website, or any parts of them.
• You will NOT in any way use, copy, adapt or represent any of the Services or Website in any way as if they are yours or created by you.
• You will NOT engage in improper and/or unauthorized use of the Services or Website.  Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Services or any other information accessed or purchased through our Website, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.
• You will NOT duplicate, share, trade, sell, or otherwise distribute the Services or Website to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Services for their own personal use or business/commercial use. This means you cannot share or sell or any part of the Services or Website to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use such Services.
• You will NOT violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using the Services or the Website for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of other Services not made freely available to you or purchased by you.
• You will NOT reprint or republish any part of the Services or the Website for publication or compilation into your own products, programs, services or Services for your own personal use or business/commercial use or in any way that earns you money.
• You will NOT use the Services or Website in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.
• You may NOT engage in improper and/or unauthorized use of our Services or the Website. Unless otherwise explicitly authorized in this Agreement, improper and/or unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) for commercial use, to any other person in a way that earns them money, any Services or any other Services accessed or purchased through the Website or any other communications provided by us to you promoting or relating to the Services or the Website. 

Notwithstanding the foregoing, you may share User Automations freely with other users of the Website, for so long as neither you nor any other user receives any compensation for transferring or receiving such User Automations; however, you agree not to use such User Automations outside of the Website or to claim any ownership or intellectual property rights with respect to any User Automation (including, without limitation, its contents). You acknowledge that User Automations, as Services, represent the proprietary content of the Company.‍

You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Services or Website as set forth in this Agreement is considered theft and/or infringement and we retain the right to prosecute it to the full extent of the law.

You agree and understand that prohibited use, improper and/or unauthorized use of the Services or the Website may give rise to a civil claim for damages and/or be a criminal offense.

Limitations on Linking and Framing

‍You may establish a hypertext link to the Website or Services so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in the Website or Services and does not state or imply that we are have sponsored, endorsed or have ownership rights in the Website. However, you may not frame or inline link our Services without our written permission.

Your License to Us

‍By posting or submitting any material on or through our Services or Website, such as comments, posts, photos, images, videos, the contents of any User Automation or other contributions, you are representing that you are the owner of all such materials and that you are at least 18 years old.

When you submit to us or post any comment, photo, image, video or any other submission for use on or through the Services or the Website, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Services or the Website. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.

You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos, User Automations or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our Programs, Products, Services and/or Services at any time for any reason whatsoever.‍

Termination

In its sole and absolute discretion, with or without notice to you, the Company may suspend or terminate your use of and access to the Services, terminate your account and/or remove and discard anything transmitted by you, or Services stored, sent, or received without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Services with identical user identification, (ii) permitting another person or entity to use your user identification to access the Services, (iii) any unauthorized access or use of the Services, (iv) any violation of this Agreement, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Website, or (vi) abuse, deception or fraudulent behavior. Such suspension or termination may include, but not be limited to, suspension or termination of access or rights to receive any content. You may terminate your account for any reason by emailing the Company at [email protected]. The Company shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Services. Termination, suspension, or cancellation of the Services or your access rights shall not affect any right or relief to which the Company may be entitled, at law or in equity, and all rights granted to you will automatically terminate and immediately revert to the Company.

Media Release

‍By using our Services and accessing our Website, including our any social media profile or community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your use or access of the Services or the Website in our current or future programs, products or services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.‍

Request for Permission to Use Information‍

Any request for written permission to use our Services, in whole or in part, or any other intellectual property or property belonging to us, should be made BEFORE you wish to use it by completing the “Contact” form on this Website, or by sending an e-mail to team@optionalpha.com.

You may NOT use the Services or Website, in whole or in part, in any way that is contrary to this Agreement unless we have given you specific written permission to do so.

If you are granted permission by us, you agree to use the specific Services that we allow and ONLY in the ways for which we have given you our written permission.

If you choose to use the Services in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Services from us, and you consent to immediately stop using such Services and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Services and the Website.

Security

‍When you apply for, enroll in, upgrade to, join, signup, and/or purchase or use our Services or Website, we may seek and collect personal data and Services including but not limited to your name, e-mail address, phone number, billing Services, credit card or payment Services, demographic Services, preferences, interests, or other personally-identifying Services (“Confidential Services”).

By providing such Confidential Services to us, you grant us permission to use and store such Confidential Services. We, in turn, will use commercially reasonable efforts to keep your Confidential Services safe, secure and confidential. When you submit Confidential Services via a program, product or service provided by the Company or Services, we take commercially reasonable measures to protect the security of your Confidential Services both online and offline. However, the Company expressly does not warrant or guarantee the security of your Confidential Services or of any other data or Services transmitted to us or through our services; therefore submitting Confidential Services, data or other Services will be done solely at your own risk.‍

Our Services are for your personal and non-commercial use. The Services contain material that is derived in whole or in part from material supplied and owned by the Company and other sources. Such material is protected by copyright, trademark and other applicable laws. Unless otherwise agreed to in writing by the Company, you agree that you will not use the Services, or duplicate, download, publish, modify or otherwise distribute or use any material on the Services for any purpose, except for your personal, non-commercial use. You also agree that you will not link to any page on the Services other than the home page (for example, "deep linking"), without the Company’s prior written consent. Use of the Services or any materials or content on the Services for any commercial or other unauthorized purpose is prohibited. You acknowledge that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You may not download (other than page caching) or modify the Services or any portion of them unless we have provided you with express written consent. You shall not make derivative use of the Services (or any part thereof) for any purpose, nor shall you download or copy Services of users, or otherwise engage in data mining or similar data gathering.

We have implemented reasonable and appropriate security measures designed to protect the Services provided through and/or maintained to us. You are responsible for using appropriate technical safeguards to secure your devices used to access the Services, such as up-to-date software and virus protection. You are responsible for your devices, including computers, laptops, and mobile devices used to access the Services.

‍Personal Responsibility and Assumption of Risk‍

As a Licensee or a User, you agree that you are using your own judgment in using the Services or Website and you agree that you are doing so at your own risk. The Services or Website are for informational and educational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to the Services or Website. The Services or Website are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of the Services or Website.

We take commercially reasonable precautions to protect the Services or Website. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of the Services or Website or the contributions or Services transmitted to us on or through the Website or the Services or Website. Submitting contributions or Services on our through the Services or Website is done entirely at your own risk. We make no assurances about our ability to prevent any such loss or damage to you or to any other person, company or entity arising out of use of the Services or Website and you agree that you are assuming such risks.‍

Your Conduct

‍You are agreeing that you will not use the Services or Website in any way that causes or is likely to cause them, or access to them, to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from you to this Website, any Services or us.

You must use the Services or Website for lawful purposes only. You agree that you will not use the Services or Website in any of the following ways:

• For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity;
• To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others;
• To send, negatively impact, or infect the Services or Website with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not;
• To cause annoyance, inconvenience or needless anxiety;
• To impersonate any third party or otherwise mislead as to the origin of your contributions; or
• To reproduce, duplicate, copy or resell any part of the Services or Website in a way that is not in compliance with this Agreement or any other agreement with us.

Brokerage(s) Connection Limitations‍

Authorized connections are strictly limited to one (1) API connection per brokerage available. Therefore, you may one (1) connection to each brokerage in your account. Additionally, you may have multiple sub-accounts under that single connection. However, attempting to authorize any existing connection multiple times under different, fake, or fraudulent emails and/or user profiles is strictly prohibited. If you are found with multiple emails or user profiles that attempt to connect to the same brokerage(s), you acknowledge and understand that you will immediately forfeit your access to any and all accounts as well as your membership without refund for abuse and violation of these terms.

Webhooks

By using Webhooks provided by Option Alpha, you acknowledge and agree to the following terms:

1. Authorization: You are solely responsible for ensuring that all webhook URLs and associated services you use with Webhooks are authorized and comply with all applicable laws and regulations.
2. Usage Limitations: Option Alpha reserves the right to limit the number of webhooks or the frequency of their use to prevent abuse or excessive load on our systems.
3. Prohibited Activities: You agree not to use the Webhooks tool for any unlawful purposes, including but not limited to fraud, unauthorized access, or distribution of malicious content.
4. Liability: Option Alpha is not liable for any loss or damage arising from the use of Webhooks, including, but not limited to, errors in automations, misconfigured webhooks, service interruptions, or third-party service interruptions.
5. Termination: Option Alpha reserves the right to suspend or terminate your access to Webhooks if we detect misuse, abuse, or any activity that may harm our systems or other users.

Services, Purchases and Online Commerce

‍If paying for any Programs, Products or Services by debit card, or credit card or other merchant account such as PayPal or ApplePay, you give us permission to automatically charge your credit or debit card as payment for such Programs, Products or Services without any additional authorization, for which you will receive an electronic receipt. In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise such Programs, Products or Services will not continue, and we reserve the right to cease your access immediately and permanently. If you fail to make payment in a timely manner in accordance with this Agreement or voluntarily decide to withdraw from such Programs, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Services purchased. All information obtained during your purchase or transaction for the Programs, Products or Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company. You agree to only purchase Programs, Products or Services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information. You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use Programs, Products or Services for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

Since we have a clear and explicit Refund Policy in this Agreement that you have agreed to prior to completing the purchase of any Programs, Products or Services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Services (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the Merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Services, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.

Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Website, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly. You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of the Website or its Services.

Refund Policy

Your satisfaction with your Programs, Products or Services is important to us. Regarding any such Programs, Products or Services, we will refund your payment(s) immediately so long as we are contacted within the appropriate time frame of such Programs, Products or Services you purchased at the time of sale and the request is valid per the terms of use. Each Programs, Products or Services shall indicate on the product or checkout page the specific refund timeline, so please make sure to refer back to the product or checkout page for your review. Elite Lifetime membership programs and services are not eligible for refunds or returns given they are highly discounted access to all research and software access with no monthly payments. 'Lifetime' access is defined to be as long as the service is made available. By using and/or purchasing any of our Programs, Products or Services, you understand and agree that all transactions and sales are final and the Company is not required under any circumstances to refund payments outside of the specified period for each product or membership to its users unless the Company so chooses.

CONFIDENTIALITY AND PRIVACY

Privacy Policy

Your use of the Services and any Services provided by you or gathered by the Company or third parties during any visit to or use of the Services is governed by the Privacy Policy which is incorporated by this reference. By using the Services and Website, you acknowledge and agree to the Company’s collection, use and sharing of your Services as set forth in the Privacy Policy.

If you do not agree to our Privacy Policy, please do not use and promptly exit the Services.

The following additional terms outlined in sections (1) through (5) below shall apply to the Privacy Policy. In the case that any conflicts exist between these terms and those terms found in the Privacy Policy, the language below shall supersede.

(1)  Your use of the Website and Services are subject to binding individual arbitration of any disputes which may arise, as provided in the Terms of Use. Please read the arbitration provisions of our Terms of Use carefully and do not use the Services if you are unwilling to arbitrate any disputes you may have with us as provided in our Terms of Use.

(2)  Personal Information

We, or a third-party service provider acting on our behalf (“Service Provider”), may collect personal information from you when you register with the Site; place an order on our Site; sign up for newsletters; participate in our offers and programs including sweepstakes, contests, and surveys; or otherwise contact us.  This personal information may include your name, email address, zip code, gender, date of birth, race, ethnicity, income level, education level, parental status, marital status, primary language spoken in the home, photos/videos of you or other individuals, and, if you are making a purchase, financial account information (e.g., credit card, debit card or bank account information). Please remember that if others use devices into which you remain logged in, they may share information with us as if they were you, and they may have access to information that you have previously provided us. To protect your privacy, please log out from the Services you use on shared devices.

Tracker; Usage Data; email address; Data communicated in order to use the Service; unique device identifiers for advertising (Google Advertiser ID or IDFA, for example); payment info; first name; last name; billing address; purchase history; Data communicated while using the service; username; country; phone number; profession; city; screenshots; ZIP/Postal code; number of Users; session statistics.

(3)  Non-Personal Information

We, or our Service Provider, may use cookies, web beacons, log files or other technologies to automatically collect certain non-personally identifiable information about visitors to our Site, use of the services on our Site, or interactions with our email and advertisements on our Site.  This information relates to you or the computer, or mobile device you use to access the online Services, but does not on its own identify you personally. For example, we may collect information such as your browser type, your computer operating system, Internet Protocol (“IP”) address, the domain from which you accessed the Site, viewed webpages, whether an email was opened, links that are clicked, the number of times you have viewed an ad, whether or not you clicked on an advertisement, information about the equipment or software you use to access the Services, and information you provide to or post on message boards or chat rooms that may be part of the Services.

(4)  Detailed information on the processing of Personal Data

We, or our Service Providers, may use the information that we collect from and about you for a variety of business purposes.  For example, we may use the information to:

(1) provide services, complete transactions, and communicate with Site visitors and customers; (2) develop new products or services and improve the user experience on the Site; (3) respond to your inquiries; (4) provide you with targeted offers and advertising on the Site; (5) contact you with information and promotional materials from our company and select business partners; (6) contact you when necessary; (7) review the usage and operations of the Site and Services; (8) address problems with the Site, our business, or our products and Services; (9) protect the security or integrity of the Site and our business, (10) allow you to participate in the interactive features of the Services, where you choose to do so; (11) display certain content, such as content you upload and make available, such as comments, reviews, etc.; (12) deter fraud or any other potentially illegal activities, and to protect the safety of our users and others; (13) enforce our terms and conditions of services; (14) create consumer profiles and audience segments, which may be used for targeted advertising on the Services or on third party services; (15) recognize devices you use and associate the information with your profile. We may use data collected or received from others, such as information about devices you use, to make a deterministic or probabilistic match of advertising and cookie identifiers. For example, we or others may match devices you use if you log onto the same online service or multiple devices or web browsers (deterministic), or if devices you use share similar attributes that support an inference that they are used by the same user (probabilistic). We also may use this information, for example, to match a user’s interest across devices, as well as for analytics, ad reporting, or to improve the services; (16) comply with applicable laws ; and/or (17) combine all the information we collect or receive about you for any of the foregoing purposes. We may also use your information as described to you at the point of collection, with your consent.

Personal Data is more specifically collected for the following purposes and using the services outlined in our Privacy Policy.

(5)  Privacy Policy Contact Information

State residents, or their authorized agents if permitted under applicable law, exercising their right to opt-out of the sale or sharing of their personal information, or limit the use of their sensitive personal information, may do so by contact us by:

emailing us at [email protected];

emailing us at [email protected], if you are requesting or exercising your right that we do not sell or share your personal information, or that we limit the use of your sensitive personal information (for more information about how to opt-out of receiving targeted advertising from certain third-party advertisers, please see our Cookies Policy); or

sending us a written request by mail to:

Option Alpha, LLC

360 Central Avenue, Suite 800,

St. Petersburg, FL 33701

Confidential Services‍

In connection with your use of the Website or the Services, we may seek personal data or information including your name, e-mail address, phone number, street address, billing information, birthday, preferences, interests, assignments, or other personally-identifying information (“Confidential Information”), or you may offer or provide a comment, photo, image, video or any other submission to us when using or participating in the Services or Website (“Other Information”). By providing such Confidential Services or Other Services to us, you grant us permission to use and store such information. We, in turn, will use commercially reasonable efforts to keep your Confidential Services safe, secure and confidential in accordance with this Agreement and our full Privacy Policy which may be found on the Website.  If you believe that any of your Confidential Services is incorrect or incomplete, please contact us as soon as possible.

What We Do With Confidential Information

‍We request and require various personal data and/or Confidential Services to understand your needs and provide you with better services. In addition, we may use such data and Confidential Services for the following reasons: (1) for internal record keeping, (2) to improve our Programs, Products, Services or Services, (3) to periodically send promotions about new Services or other special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable data for research purposes, (5) to customize the respective Services you purchase or use according to your interests and/or (6) for support or communication related to your Program, Product, Service or Services.

Storage

‍All data and Confidential Services is stored through a data management system. This data and Confidential Services can only be accessed by those who help manage that Services in order to deliver e-mail or otherwise contact those who would like to receive our correspondence. You agree and acknowledge that we, including but not limited to our team, staff and affiliates, and those who manage the data management system may have access to your Confidential Services.

Confidentiality and Disclosure

‍All Confidential Services will be held in confidentiality and will not be disclosed to third parties, except that we may disclose Confidential Services and personally identifiable information: (1) pursuant to this terms of this Agreement and Privacy Policy and our Disclaimer, (2) if we are required to do so by law, (3) in the good-faith belief that such action is necessary to conform to the law, (4) to comply with any legal process served on either us or our partners, sponsors, investors, or affiliates, (5) to protect and defend our rights or property or those of our users or purchasers, and/or (6) to act as immediately necessary in order to protect the personal safety of our users, purchasers, or the public. We will not sell, distribute or lease your Confidential Information to third parties unless we have your permission or are required by law to do so.

Viewing by Others

‍Note that whenever you make your Confidential Information or Other Information available for viewing by others such as through our Services,  Website, or social media, the Confidential Information or Other Information that you share also can be seen, collected and used others, and therefore, we cannot be responsible for any unauthorized use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.

How We Use Cookies

‍We may use the standard "cookies" feature of major web browsers. We do not set any Confidential Information in cookies, nor do we employ any data-capture mechanisms on the Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on the Website and some features of the Services or Website may not work as intended. We have no access to or control over any information collected by other individuals, companies or entities whose website or materials may be linked to our Services.‍

For more information as to how and why we use Cookies, please refer to our Cookie Policy.

The following additional terms outlined in sections (1) below shall apply to the Cookie Policy. In the case that any conflicts exist between these terms and those terms found in the Cookie Policy, the language below shall supersede.

(1)  NOTICE OF ARBITRATION PROVISIONS: Your use of the Services is subject to binding bi-lateral arbitration of any disputes which may arise, including the Mass Arbitration Supplementary Rules, as applicable, as provided in the Terms of Use. Please read the arbitration provisions carefully and do not place orders or otherwise use the Website or our Services if you are unwilling to arbitrate any disputes you may have with us as provided in our Terms of Use.

Passwords

‍To use certain features of our Programs, Products or Services or other Services, you may be issued a group username and password or a unique individual username and password, which you will receive through your registration and/or purchase process. You may be able to change to username and/or password of your choosing. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You are not permitted to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the Programs, Products or Services, other Services, Website, private forum, Facebook group or any other related communication. It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account Services. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. By using our Programs, Products or Services, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false email address, we have the right to immediately inactivate your account. We will use commercially reasonable efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.

INDEMNIFICATION, RELEASE OF CLAIMS, EXCLUSION OF DAMAGES, LIMITED LIABILITY AND DISPUTE RESOLUTION

Indemnification‍

You agree at all times to defend, indemnify and hold harmless the Company, as well as any and all Company Persons, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to the Services or Website, or your breach of any obligation, warranty, representation or covenant set forth in this Agreement or in any other agreement with us.‍

Release of Claims‍

By accessing or using this Website or the Services, you hereby fully and completely hold harmless, indemnify and release the Company and each of the Company Persons, and anyone otherwise affiliated with the Company’s business, from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present or future that is in any way related to the Services or the Website.‍

Limitation of Liability‍

We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on the Website or in connection with the Services. We do not assume liability due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in providing any Services or any contents of the Website or in any way or in any location. In the event that you use the Services or Website or any other information provided by us or affiliated with us, we assume no responsibility. In no event will the Company’s aggregate liability to you in connection with the website and Services or this Agreement exceed the amount (if any) paid by you to the Company in the six months immediately preceding the event which gave rise to the liability.

Exclusion of Damages

The Company is not responsible for any damages, injury or economic loss arising from the use of the content of the Services provided by the Company or by any third party on the Website.‍

UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY COMPANY PERSON BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE.  ADDITIONALLY, COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED $100.

BINDING ARBITRATION OF ALL DISPUTES

We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to this Agreement, if you have any dispute or disagreement with us regarding or relating to (i) your use of or interaction with the Services, (ii) any purchases or other transactions or relationships with the Company, or (iii) any data or Services you may provide to the Company or that the Company may gather in connection with such use, interaction or transaction (collectively, "Optionalpha.com Transactions or Relationships"), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services and Website, or engaging in any other Optionalpha.com Transactions or Relationships with us, you agree to binding arbitration as provided below. Our rights and obligations under this arbitration provision shall inure to the benefit of each of the Company’s parent company(ies) and/or owners regardless of whether any of them are named as a co-defendant with us or named individually in a claim that would otherwise be subject to this arbitration provision if brought against us.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by accessing and/or using our Services, you agree that any complaint, dispute, or disagreement you may have against the Company, and any claim that the Company may have against you, arising out of, relating to, or connected in any way with this Agreement, our Privacy Policy, or any Optionalpha.com Transactions or Relationships shall be resolved exclusively by final and binding arbitration ("Arbitration") administered by JAMS or its successor ("JAMS") and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the "Applicable Rules"). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the "AAA") instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the "Applicable Rules" in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, the Company agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth herein, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, nothing herein shall prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:

1. the Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and OptionAlpha.com (the "Arbitrator");
2. the Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms and/or these arbitration provisions hereof, including but not limited to any claim that all or any part of these Terms is void or voidable;
3. the Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and OptionAlpha.com; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
4. the Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
5. the Arbitration can resolve only your and/or the Company’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
6. the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator's complete determination of the dispute and the factual findings and legal conclusions relevant to it (an "Award"). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
7. in the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, the Company will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
8. in the event you recover an Award greater than the Company’s last written settlement offer, the Arbitrator shall also have the right to include in the Award the Company’s reimbursement of your reasonable and actual out-of-pocket attorneys' fees associated with the Arbitration, but the Company shall in all events bear its own attorneys' fees; and
9. with the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e)is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor OptionAlpha.com shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
10. OptionAlpha.com may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after the Company has given notice of such modifications and only on a prospective basis for claims arising from the Company’s Transactions and Relationships occurring after the effective date of such notification.
11. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against the Company in your local small claims court within the United States, if your claim is within such court's jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

This Agreement and the relationship between you and the Company shall be governed by the laws of the United States and the State of Florida without regard to its conflict of law provisions. Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms will be brought exclusively in the federal or state courts located in Pinellas County, Florida, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum nonconveniens or otherwise.

Applicability of Disclaimers, Exclusions and Limits

Because some jurisdictions do not allow for the exclusion of damages, the Company’s liability in such jurisdictions shall be limited to the greatest extent permitted by the law of such jurisdiction. In addition, because some jurisdictions do not permit the disclaimer of certain warranties, the disclaimers set forth above may not apply to you.

If you are a California resident, you waive your rights with respect to California Civil Code Section 1542, which says “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

By using or accessing the Services or Website, you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to the Company referenced above or you thereby waive the right to seek dispute resolution by arbitration or to take any other legal action.‍

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage the Company, any Company Person, or any of its programs, products or services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

If any terms of these foregoing arbitration terms are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.

SEVERABILITY; ASSIGNMENT; ENTIRE AGREEMENT, HEADINGS

Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect. This Agreement shall bind and inure to the benefit of your and our respective successors and assigns. This Agreement is freely assignable by us, but any transfer, assignment or delegation by you, without our prior written consent, is invalid. This Agreement constitutes the entire agreement between the parties with respect to its relationship and supersede all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties. The headings of this Agreement are provided for convenience only and shall not affect its construction or interpretation.

We respect your right to privacy. To see how we collect and use your personal Services, please see our Privacy Policy.

CONTACT US

If you have any comments, feedback, or questions, including the resolution of a complaint regarding the Services, or if you are seeking further Services regarding the Services, the Company can be contacted at:

Option Alpha, LLC

360 Central Avenue, Suite 800, St. Petersburg, FL 33701

Email: [email protected] 

Telephone: 1+(305) 396-9118

For Mobile Service support or assistance, text HELP in response to any SMS/text message you receive from us, or email [email protected].

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Thank you.