INFORMATIONAL SERVICES AGREEMENT, TERMS AND CONDITIONS, and PRIVACY acceptance are made on the date of initial login or payment for services, whichever is earlier. This is the Commencement Date. The agreement is between you, the end-user and, if applicable, the Company you represent. OptionAutomator LLC, a Wyoming limited liability company (“OptionAutomator”), 1021 E Lincolnway Unit #170, Cheyenne WY, 82001, United States.
OptionAutomator is a Software as a Service (SaaS) company in the Financial Tech (Fintech) industry operated by OptionAutomator LLC (OptionAutomator). OptionAutomator LLC is a single-member LLC owned by TTHETA DEV Limited, an International Business Corporation located in Belize. Belize law governs the scope of this agreement.
It is the goal of OptionAutomator’s managers, members, officers, directors, shareholders, partners, employees, contractors, agents, affiliates, successors, assignees and licensees (collectively “we,” “us,” and “our”) to provide trading tools, resources to education, both external resources and those written by our staff, through our Website and Software. OptionAutomator’s trading tools let you apply Multi-Criteria Decision Making to options screening to rank options trading alternatives. OptionAutomator's education resources consist primarily of external instructional videos, quizzes, simulators, and exercises covering beginning, intermediate and advanced options trading techniques.
OptionAutomator will be made accessible across multiple platforms, including web browser, tablet-based and mobile phone applications. In order to access the options trading tools, you will need to register with OptionAutomator and become an OptionAutomator user (“User”) by providing a username and valid email address.
OptionAutomator’s mission is to empower retail traders with the very best options trading tools via our cloud networks.
To Use This Site and Software, You Must Accept Our Terms and Conditions.
Last updated June 12th, 2022
Please read our complete terms and conditions. Our terms and conditions (“Terms of Use” or “Agreement”) set forth the rules for using our Web Site. Please also read our Privacy Policy, which is part of our Terms of Use. In addition, we have a Frequently Asked Questions (“FAQ”) page located at https://www.OptionAutomator.com/FAQ, which will answer many of your questions about OptionAutomator, the Web Site, the Software, the Platform, Concept, Trading Tools.
THESE TERMS OF USE ARE AN AGREEMENT BETWEEN YOU AND US. THEY GOVERN YOUR USE OF THE SITE. BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. THESE TERMS OF USE CONTAIN WARRANTIES AND RELEASES FROM YOU AND DISCLAIMERS OF LIABILITY FROM US. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
We reserve the right to change these Terms of Use and/or our Privacy Policy or to impose new conditions on use of the Site from time to time, in which case we will post the revised Terms of Use or Privacy Policy on the Site and update the "Last Updated" date to reflect the date of the changes. All changes will be effective immediately upon our posting the changes on the Site. By continuing to use the Site after we post any such changes, you agree to accept and to be bound by the Terms of Use and Privacy Policy, as modified. If you do not agree to the changes, please promptly discontinue use of the Site. You should re-read these Terms of Use and our Privacy Policy periodically so you are up to date with respect to any changes that we have made to the Terms of Use or our Privacy Policy. We will not modify the terms of your existing OptionAutomator usage. Changes will only affect your future OptionAutomator usage.
We reserve the right to terminate the use of any username or password, or to deny access to OptionAutomator or any other features of the Site, to anyone who violates these Terms of Use or who, in our sole determination, interferes with the ability of others to enjoy the Site or infringes the rights of others.
We have the right at any time to change or discontinue any aspect or feature of the Site or any OptionAutomator-produced product or service, including, but not limited to, the Brutus Option Ranker, Brutus Portfolio Manager, OptionAutomator Blog, User Content, hours of availability, exclusive offers, mobile applications, OptionAutomator merchandise, quote data, market alerts and equipment needed for access or use. We may stop providing any part or parts of the content or information or category or type of information at any time. We may change or eliminate any transmission method and may change transmission speeds or other technical characteristics of the Site. You agree that we will not be liable to you or to any third-party for any modification, suspension or discontinuance of the Site or any portion thereof.
You must be at least 18 years old to be eligible to use the Site and become a User. However, if you are at least 13 years old and younger than 18, you may use the Site in conjunction with your parent or guardian who agrees to be bound by this Agreement. No one under age 13 may use OptionAutomator.
You must be at least 18 years of age to legally open a brokerage account and use the OptionAutomator Software tools, including the BRUTUS OPTIONS RANKER.
OptionAutomator LLC has a sole member parent corporation incorporated in Belize, TTHETA DEV Limited. If you choose to access OptionAutomator from any location other than Belize, you are fully responsible for compliance with the laws of the jurisdiction from where you access this Site. We make no claims that the Site or the content available through the Site is appropriate or permitted for use outside of Belize. You may not use this Site from any jurisdiction where access and/or use of this Site is prohibited or violates any laws.
To become a User, we may ask you to provide certain personally identifiable information including a username and a valid email address. We will also assign to you a User number or other unique identifier. Becoming an OptionAutomator User is voluntary and provides you with access to the Site, which includes Software usage and exclusive emails and offerings. We have the right to suspend or terminate your access to OptionAutomator as a User and refuse any and all current or future use of the Site (or any portion thereof) by you if we have a reasonable basis to believe that such information is untrue, inaccurate, or incomplete.
To become a User, you will need a username, a valid email address and a password, which you will choose as part of our registration process. We reserve the right to reject or terminate the use of any username that we deem offensive or inappropriate.
OptionAutomator may provide connection(s) to brokerage services in the future on accounts you own via an application programming interface (“API”) that connects directly with your Internet browser. Your brokerage account number and brokerage login credentials will never be accessed by OptionAutomator or stored on OptionAutomator servers.
By providing us with your email address or mobile phone number, you consent to our using these contacts to send you required notices related to our services instead of using the global postal services. You may not opt-out of service notices because they are required by law. We may also send you other messages, including but not limited to news about our content or contests, new features, changes to existing features, and other information about OptionAutomator. You may opt-out of such emails and mobile text messages by contacting OptionAutomator customer service by emailing support@optionautomator.com 24 hours a day, 7 days a week.
You are responsible for protecting the confidentiality of any User identification numbers, passwords or codes that we give you in connection with your use of the Site. You are responsible for protecting the confidentiality of your brokerage account number, username, and password. You agree to notify us immediately in the event of any unauthorized use of your User identification numbers, passwords, codes, brokerage account information, or any other breach of security by contacting OptionAutomator customer service by emailing support@optionautomator.com 24 hours a day, 7 days a week.
We will not be responsible for any losses you incur from the unauthorized use of your User identification numbers, passwords, codes or brokerage account information. You agree to defend, indemnify and hold us harmless from any unauthorized or illegal uses of such information.
You acknowledge that, although the Internet can be a secure environment, interruptions in service or events may occur that are beyond our control. We shall not be responsible for any data lost while transmitting information on the Internet.
When logged in to the Site, certain information may be stored by the OptionAutomator servers, including your personal viewing preferences for the Site, trades screened by the BRUTUS OPTIONS RANKER, your stock watch list, strategy details and preferences, and personal notes you keep within the system.
From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.
There is no cost to become a User. You do not have to pay for use of the Site when subscribed to the free plan, which includes limited use of the Software, the Platform, the Content, Trading Tools, Investor Education and Entertainment. However, OptionAutomator reserves the right to sell certain products and services on the Site, specifically, but not limited to, Optional Premium Subscriptions to the BRUTUS OPTIONS RANKER.
While we currently offer a zero-fee subscription model, we reserve the right to implement a User fee for all our products and services in the future, and/or to change the price of a specific feature on the Site. In such an event, the User will be given prior notice and will be asked to confirm acceptance of the charges if they wish to continue uninterrupted access. No fees will be applied retroactively.
OptionAutomator reserves the right to change Content options (including eligibility for particular features) without notice.
You agree that the Site and certain OptionAutomator products include security technology that limits your use of Content and that, whether or not Content is limited by security technology, you shall use Content in compliance with the applicable usage rules below established by OptionAutomator (“Usage Rules”), and that any other use of the Content may constitute a copyright infringement. OptionAutomator reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason, or to attempt or assist another person to do so. You agree not to access the Content by any means other than through the Site, provided at www.OptionAutomator.com. You shall not access or attempt to access a login that you are not authorized to access.
You shall be authorized to use Content only for personal, noncommercial use.
You will be able to access Content on any computer, device, or mobile device that permits you to successfully enter your login and verify your registration status.
You must be connected to the Site when viewing Content and you may do so on your computer, devices, or mobile devices.
You acknowledge that if OptionAutomator changes any part of or discontinues the Content or any existing features, which it may do at its election, you may not be able to use the Content or the features and services to the same extent as prior to such change or discontinuation, and that OptionAutomator shall have no liability to you in such case.
OptionAutomator's tools are available to traders throughout the world who look to participate in U.S. options trading markets. The BRUTUS OPTIONS RANKER currently will only scan U.S. options markets. Foreign markets are planned to be made available. YOU ARE RESPONSIBLE TO ENSURE THE LEGALITY OF YOUR PARTICIPATION IN ANY MARKET.
Any trades you place are YOUR trades. While OptionAutomator gives you access to MCDM-screened trades based on your criteria, OPTIONAUTOMATOR DOES NOT WARRANT THE ACCURACY OF ANY CALCULATIONS, COMMENTS OR INFORMATION and you should not solely rely on it when making personal investment decisions.
BY ACCESSING THE SOFTWARE WITH OR WITHOUT AN ACCOUNT, YOU ACKNOWLEDGE THAT PUBLIC/SHARED STRATEGIES AND TEMPLATES, WHETHER AUTHORED BY OPTIONAUTOMATOR OR THIRD-PARTY, IN THE BRUTUS OPTIONS RANKER MAY NOT MATCH YOUR PARTICULAR FINANCIAL SITUATION OR YOUR INVESTMENT OBJECTIVES. PUBLIC/SHARED STRATEGIES/TEMPLATES ARE NOT SOLICITATIONS, RECOMMENDATIONS, PROMOTIONS, ENDORSEMENTS OR OFFERS TO YOU AND PROVIDED FOR INFORMATION PURPOSES ONLY. OPTIONAUTOMATOR DOES NOT WARRANT THE ACCURACY, LOGIC, OR CONTENT OF ANY PUBLIC/SHARED STRATEGY/TEMPLATE.
WHEN TRADING OPTIONS, YOU MAY LOSE MORE THAN YOUR INITIAL INVESTMENT. TRADING OPTIONS IS NOT SUITABLE FOR ALL INVESTORS.
Based on the settings of the User, trades and trades screened as part of the Software might not be suitable for you and do not take into account your particular financial situation or your investment objectives. None of the trades on OptionAutomator are being recommended to you. The screening calculations are for informational purposes. Before engaging in any trading based on any information you receive from the Software or content featured on OptionAutomator, you should determine whether the trades are suitable for your circumstances and consult with your licensed financial advisor.
None of OptionAutomator, any Personality featured on our site or in the content, or any of OptionAutomator’s founders, employees, representatives, agents or independent contractors are, in such capacities, registered investment advisers, licensed financial advisors, or registered broker-dealers. They do not provide investment or financial advice and they do not make investment recommendations. The trades screened by the Software do not constitute solicitations, recommendations, promotions, endorsements or offers by the individuals featured on OptionAutomator or OptionAutomator itself.
Click here to download the Options Disclosure document:
http://www.optionsclearing.com/components/docs/riskstoc.pdf
If you cannot access the hyperlink, please copy and paste the following link into a new browser window to read this important information: http://www.optionsclearing.com/about/publications/character-risks.jsp
You release us from all liabilities and claims of loss resulting from any error in quote and trade data and market alerts.
From time to time, OptionAutomator may choose to offer additional products and services to Users or to the general public through the Site, via a link on the OptionAutomator Web Site, via an alternate Web Site owned and operated by OptionAutomator, via email, or through an approved third party, including but not limited to the Apple iTunes Store and/or the Google Play Store. We may add additional products and services that may involve additional fees. If we add additional services, we will describe those services and the related charges and fees on the Site.
The BRUTUS OPTIONS RANKER is a Software as a Service (SaaS) program offered by OptionAutomator. It is the intention of OptionAutomator that the BRUTUS OPTIONS RANKER to be offered as a mobile and desktop application that can be downloaded/accessed on iOS, Android, or Kindle Fire device and installed to most desktops. The application can also be accessed on OptionAutomator’s Site. The Software allows optional premium single-user use to you, the User, by purchasing a subscription, available in either recurring monthly or yearly subscriptions.
By becoming a BRUTUS OPTIONS RANKER subscriber, you acknowledge and agree to pay to us a subscription fee that will be charged to you in any of the following ways: i) recurring monthly payments by the pricing schedule displayed on the Website at the time of subscription ii) recurring yearly payment by the pricing schedule displayed on the Website at the time of subscription. At times, a discounted subscription fee promotion will be offered. The discounted subscription fee promotion is for one period only, unless otherwise stated in the promotion offer details. You can cancel your subscription at any time (see details on cancellation below).
Your purchase of a BRUTUS OPTIONS RANKER subscription will be processed by one of the third-party processors with whom we have contracted, namely Stripe and Paypal. You will be required to represent to that third-party processor that you have the legal right to use the payment method you provide to such third-party processor (the "Payment Method").
For all recurring billing, we will bill your Payment Method the BRUTUS OPTIONS RANKER Premium subscription fee at the beginning of your BRUTUS OPTIONS RANKER Premium subscription (the “Initial Subscription Date”) and automatically at each subsequent anniversary date following the Initial Subscription Date on the calendar day corresponding to your Initial Subscription Date. In the event a monthly subscription begins on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you became a paying subscriber on January 31, your Payment Method for the next month would be billed on February 28. We will give all notices of renewal as required by law. You must cancel your subscription a minimum of three (3) days before it, in order to avoid automatic billing of the next one-month or one-year period’s subscription fees to your Payment Method.
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND WE WILL AUTOMATICALLY BILL YOU FOR THE RENEWAL UNLESS YOU CANCEL YOUR SUBSCRIPTION. WE WILL BILL YOU FOR RENEWALS USING THE PAYMENT OPTION YOU SELECTED AND AUTHORIZED AT THE TIME OF YOUR INITIAL SUBSCRIPTION PURCHASE UNLESS YOU NOTIFY US AT LEAST THREE (3) BUSINESS DAYS PRIOR TO YOUR RENEWAL. SEE DETAILS ON CANCELLATION BELOW.
If you want to use a different Payment Method or if there is a change in your credit card, debit card or bank account and it is no longer valid or expires, you may edit your Payment Method information online on your account page, or by emailing support@optionautomator.com. If the card or account that you used as a Payment Method has expired, your continued use of the service constitutes your authorization for us to continue billing that Payment Method, which would be your renewed credit card or debit card and you remain responsible for any uncollected amounts. If a charge to your credit card, debit card or other Payment Method is declined for any reason, we shall have the right to terminate or suspend your access to the BRUTUS OPTIONS RANKER. We rely on our third-party payment processors to notify you when your credit card or other payment option has been declined.
If you purchased your BRUTUS OPTIONS RANKER subscription through the Site, you may cancel your BRUTUS OPTIONS RANKER subscription at any time by contacting OptionAutomator customer service by emailing support@optionautomator.com 24 hours a day, 7 days a week. Cancellation of your subscription will be effective within three (3) business days of cancellation. You will continue to have access to the BRUTUS OPTIONS RANKER on the number of full days remaining on your BRUTUS OPTIONS RANKER subscription that are pre-paid as of the date of cancellation. OptionAutomator may at their discretion decide to issue a refund of remaining full days in the subscription. If a refund is given, individuals who received a promotional item as part of their subscription, OptionAutomator will issue a refund for the pro-rated purchase price of the subscription less the total promotional item value received, including taxes, shipping & handling. We do not issue pro-rated refunds for credit card processing fees paid in addition to the subscription purchase price.
We reserve the right to discontinue the BRUTUS OPTIONS RANKER subscription service and any services provided through the application at any time and to cancel your subscription in connection with such discontinuation, with a pro-rated refund.
We will email Users to notify them of any changes to our BRUTUS OPTIONS RANKER subscription payment, billing and cancellation policies. You will be given an opportunity to cancel your subscription before any changes become effective.
The full price of the BRUTUS OPTIONS RANKER next subscription period is charged upon purchase.
Prices of BRUTUS OPTIONS RANKER subscriptions may change at any time, and OptionAutomator provides neither price protection or refunds in the event of a price reduction or promotional offering.
If a subscription becomes unavailable following a transaction but prior to access, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your subscription, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by OptionAutomator.
In purchasing a BRUTUS OPTIONS RANKER subscription you need to give us and our third-party payment processors certain personally identifiable information. Our Privacy Policy comprehensively explains what we do with your personally identifiable information.
BRUTUS OPTIONS RANKER applies Multi-Criteria Decision Making (MCDM) mathematics to establish your trading criteria and then ranks potential options trades against the criteria set by the User in the account. None of the people associated with OptionAutomator, nor OptionAutomator, guarantees any particular results or profits from the trades. The risk of loss in trading securities, including options and equities, is substantial. There is a risk of loss in all trading and investment strategies that are discussed on OptionAutomator Website, content, Software, or forums. When trading options, you may lose more than your initial investment. Options trading is not suitable for all investors. Click here to see the Options Disclosure document: Characteristics and Risks of Standardized Options. The trades may not be suitable for you and do not take into account your particular financial situation or your investment objectives. None of the trades are being recommended to you. The trades are for informational purposes. Before engaging in any trading based on any information you receive from the Website, content, Software, or OptionAutomator, you should determine whether the trades are suitable for your circumstances. If you are unsure about how trades you may make will affect your overall financial portfolio or the level of risk that is involved, you may want to consult with your financial adviser prior to making those trades.
BRUTUS OPTIONS RANKER subscriptions purchased as gifts can be gifted to and redeemed by only one other person. All recipients must register via the OptionAutomator Website in order to set up their login credentials, which will permit them to utilize the BRUTUS OPTIONS RANKER subscription via their authorized login.
BRUTUS OPTIONS RANKER and all the content, code, algorithms and materials available on OptionAutomator are the property of OptionAutomator LLC and/or our affiliates or licensors, and are protected by copyright, trademark, international treaties and other intellectual property laws. BRUTUS OPTIONS RANKER is provided solely for your personal non-commercial use. We are granting to you a personal, non-transferable, limited, revocable license to use BRUTUS OPTIONS RANKER, subject to these Terms and Conditions. Because the right to use BRUTUS OPTIONS RANKER is personal to you, you may not transfer that right to any other person or entity. Unless explicitly authorized in these Terms and Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, port, sell, transfer, sublease, broadcast, publicly perform or display, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from BRUTUS OPTIONS RANKER without our written consent. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, OR OTHERWISE MODIFYING OF BRUTUS OPTIONS RANKER OR ANY OF THE SITES HYPERLINKED TO BRUTUS OPTIONS RANKER WITHOUT THE EXPRESS WRITTEN PERMISSION OF OPTIONAUTOMATOR LLC IS STRICTLY PROHIBITED. In addition, you may not decompile, reverse engineer, disassemble or reduce any portion of BRUTUS OPTIONS RANKER to a human-readable form. You may, however, from time to time, download and/or print one copy of individual pages of BRUTUS OPTIONS RANKER for your personal, non-commercial use. If you do so, you must retain all copyright and other proprietary notices on such materials. By downloading and/or printing such materials, you do not acquire any ownership rights to them. You acknowledge and agree that you are solely responsible for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other liability resulting from your improper use of BRUTUS OPTIONS RANKER.
BRUTUS OPTIONS RANKER applies Multi-Criteria Decision Making (MCDM) mathematics to establish your trading criteria and then ranks potential options trades against the criteria set by the User in the account. OptionAutomator makes no guarantee to the accuracy of the calculation performed by the Software, or the results of the options trades screened.
BY ACCESSING THE SOFTWARE WITH OR WITHOUT AN ACCOUNT, YOU ACKNOWLEDGE THAT PUBLIC/SHARED STRATEGIES AND TEMPLATES, WHETHER AUTHORED BY OPTIONAUTOMATOR OR THIRD-PARTY, IN THE BRUTUS OPTIONS RANKER MAY NOT MATCH YOUR PARTICULAR FINANCIAL SITUATION OR YOUR INVESTMENT OBJECTIVES. PUBLIC/SHARED STRATEGIES/TEMPLATES ARE NOT SOLICITATIONS, RECOMMENDATIONS, PROMOTIONS, ENDORSEMENTS OR OFFERS TO YOU AND PROVIDED FOR INFORMATION PURPOSES ONLY. OPTIONAUTOMATOR DOES NOT WARRANT THE ACCURACY, LOGIC, OR CONTENT OF ANY PUBLIC/SHARED STRATEGY/TEMPLATE.
The risk of loss in trading securities, including options and equities, is substantial. There is a risk of loss in all trading and investment strategies that are discussed on OptionAutomator and that are represented by the Traders’ trades. When trading options, you may lose more than your initial investment. Options trading is not suitable for all investors. Click here to see the Options Disclosure document: Characteristics and Risks of Standardized Options.
The trades may not be suitable for you and do not take into account your particular financial situation or your investment objectives. None of the trades are being recommended to you by the Software or by the content of the Website. The trades are for informational purposes. Before engaging in any trading based on any information you receive from the BRUTUS OPTIONS RANKER, or OptionAutomator, you should determine whether the trades are suitable for your circumstances. If you are unsure about how trades you may make will affect your overall financial portfolio or the level of risk that is involved, you may want to consult with your financial advisor prior to making those trades.
None of OptionAutomator LLC, OptionAutomator’s owners, or any personalities featured in the content, nor any of OptionAutomator’s owners, co-founders, employees, representatives, agents or independent contractors are, in such capacities, registered investment advisors, or registered broker-dealers. None of OptionAutomator, OptionAutomator’s owners, or any personalities featured in the content, nor any of OptionAutomator’s owners, co-founders, employees, representatives, agents or independent contractors are, in such capacities, provide investment or financial advice or make investment recommendations, nor is in the business of transacting trades. All OptionAutomator and OptionAutomator LLC. rights are reserved. Our content is protected by copyright, trademark, patent, trade secret, and other laws. Terms and Conditions apply. OptionAutomator and OptionAutomator, LLC. own and retain all rights in its content. OptionAutomator and OptionAutomator LLC. hereby grant you a limited, revocable, non-sublicensable license to access and display the information conveyed to you by BRUTUS OPTIONS RANKER solely for your personal, non-commercial use in connection with viewing the ranker results and using the BRUTUS OPTIONS RANKER information. Reproduction, adaption, distribution, public display, exhibition for profit, or storage in any electronic storage media in whole or in part of any of the information disclosed to you by BRUTUS OPTIONS RANKER is strictly prohibited by law.
Your consent is required for push notifications to be activated. You can manage push notifications directly on the application. Each unique active subscription is permitted a maximum of three (3) simultaneous logins on three (3) different devices that support BRUTUS OPTIONS RANKER.
OptionAutomator retains the right to cancel your account if suspicious logins are detected. YOU MAY NOT SHARE YOUR SUBSCRIPTION WITH INDIVIDUALS OUTSIDE OF YOUR IMMEDIATE HOUSEHOLD.
Certain content, products, and services available via the Site may include materials from third parties. OptionAutomator may provide links to third-party Websites as a convenience to you. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites or the information, products or services offered on or through the sites. In addition, we do not operate or control in any respect any information, products or services that third parties may provide on OptionAutomator or on Websites linked to by us on OptionAutomator. We are not responsible for the content, accuracy or opinions expressed in such third-party Websites. We do not investigate, monitor or check for accuracy, reliability or completeness of such third-party Websites. You agree that you will not use any third-party material in a manner that would infringe or violate the rights of any other party and that OptionAutomator is not in any way responsible for any such use by you.
OptionAutomator relies on third-party data providers for the data underpinning the ranking calculation made by the BRUTUS OPTIONS RANKER.
WE DO NOT WARRANT THAT OPTIONAUTOMATOR OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE. THE INFORMATION AND SERVICES OF THIRD-PARTY PROVIDERS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER DEFECTS. WE AND OUR AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OR INABILITY TO USE OPTIONAUTOMATOR AND ANY OF THE AVAILABLE FEATURES OR ANY INFORMATION OR SERVICES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OPTIONAUTOMATOR SOFTWARE, THE PLATFORM, AND ANY OTHER SERVICES, OR ON THIRD-PARTY SITES AND SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION, THE MAXIMUM AGGREGATE LIABILITY OF OPTIONAUTOMATOR, ITS CO-FOUNDERS, OFFICERS, MANAGERS, USERS, PARTNERS, EMPLOYEES, SHAREHOLDERS, CONTRACTORS, AGENTS, REPRESENTATIVES, LICENSORS AND/OR AFFILIATES ARISING IN CONNECTION WITH THESE TERMS OF USE AND YOUR USE OF OPTIONAUTOMATOR, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU HAVE PAID TO US FOR A SINGLE PRODUCT OR SERVICE IN THE CURRENT SUBSCRIPTION PERIOD.
The following attributions are made to Third-Party Services:
You understand that by using the Site, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use of the Site at your sole risk and OptionAutomator shall have no liability to you for material that may be found to be offensive, indecent or objectionable. Content, all OptionAutomator produced material and products and services that are provided via the Site, email or any other distribution channel is provided for convenience, and you agree that OptionAutomator does not guarantee complete accuracy.
All OptionAutomator rights are reserved. Copyright, trademark, patent, trade secret, and other laws protect our name, logo, Content, materials, platform, Software, and code. OptionAutomator owns and retains all rights to anything on the Site. OptionAutomator hereby grants you a limited, revocable, non-transferable license to access and display the information conveyed to you by OptionAutomator solely for your personal, non-commercial use. Reproduction, adaptation, distribution, public display, exhibition for profit, or storage in any electronic storage media in whole or in part of any of the information disclosed to you by OptionAutomator is strictly prohibited by law. Unless explicitly authorized in these Terms of Use or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, port, sell, transfer, sublease, broadcast, publicly perform or display, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site without OptionAutomator’s written consent. In addition, you may not decompile, reverse engineer, disassemble or reduce any portion of the Site to a human-readable form. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use. If you do so, you must retain all copyright and other proprietary notices on such materials. By downloading and/or printing such materials, you do not acquire any ownership rights to them. You acknowledge and agree that you are solely responsible for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other liability resulting from your improper use of this Site.
This Site may include a variety of features that allow you to give feedback to us and to submit materials, including options strategies built by the BRUTUS OPTIONS RANKER to us. OptionAutomator also may include other features that allow you to communicate with third parties. By accessing and using any such features, you represent and agree: (i) that you are the sole owner of any material you submit, or are making your submission with the express consent of the owner(s) of the material; (ii) that you are 13 years of age or older; (iii) that the materials will not violate the rights of, or cause injury to, any person or entity; and (iv) that you will defend, indemnify and hold us harmless from and against any liability of any nature arising out of or related to any content or materials submitted to the Site by you or by others using your username and password. You also grant us a license to use the materials you submit via such features.
We have the right, but not the obligation, to monitor the content of the Site and any sites that are hyperlinked to the OptionAutomator application at all times, including any social networking features, chat rooms and other similar mediums that may hereinafter be included as part of OptionAutomator, to determine compliance with these Terms of Use, any other applicable user rules, and any applicable laws, regulations or authorized government or self-regulatory requests. We reserve the right at all times, in our sole discretion, to screen content submitted by Users and to edit, move, delete, and/or refuse to accept any content that we believe in our sole discretion violates these Terms of Use or is otherwise unacceptable or inappropriate, for any reason. We may reject any content or any materials or content you submit in our sole discretion. You acknowledge and agree that we may preserve Content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of OptionAutomator, other users, and/or the public in general.
When you submit any material (including any strategies built in the software, written information, photos, recordings or videos) to OptionAutomator, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non- exclusive, unrestricted, worldwide license to use, reproduce, publish, copy, modify, transmit, edit, sell, port, broadcast, sublicense, transfer, assign, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any form, manner or medium (whether now known or hereafter developed), for any purpose that we choose without territorial or time limitations, and to sublicense such rights through multiple tiers of sub-licensees. The foregoing license grant includes the right to exploit any proprietary rights in the materials you submit, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your submissions by name, email address or screen name, as we deem appropriate. You understand that the technical processing and transmission of the Site, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials submitted by you. By submitting material to OptionAutomator, you have agreed to grant us the rights described herein or the owner(s) of such material has agreed to grant to us the rights described above. You agree that the rights granted herein also apply to our parent, subsidiary corporations and our affiliates.
Your use of OptionAutomator and/or the sites that are hyperlinked to OptionAutomator must comply with these Terms of Use. Your use of the OptionAutomator Site and the sites hyperlinked to OptionAutomator must be limited to lawful non-commercial activities. You may not access or use OptionAutomator or otherwise engage in conduct that violates or infringes in any way upon the rights of others that is threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable. You may not use someone else’s image or personal information without such person’s express authorization, and you may not impersonate any party related to OptionAutomator or any third- party on the Site. You may not access or use OptionAutomator in a manner that constitutes a criminal offense or encourages such conduct, gives rise to civil liability or otherwise violates any law or encourages such conduct. You may not access or use OptionAutomator to advertise or solicit products or services.
You may not use any unauthorized means to access OptionAutomator’s Site. You may not access OptionAutomator’s Site with any automated system, including “robots,” “spiders,” or “offline readers.” You may not introduce or attempt to introduce viruses or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any equipment, including telecommunications equipment. You may not attempt to gain unauthorized access to our computer network or our registration or OptionAutomator Users’ information. You may not engage in conduct designed to damage, disable, overburden or impair our systems.
You are prohibited from engaging in any conduct with respect to OptionAutomator that we, in our sole discretion, believe restricts or inhibits any other person or entity from using or enjoying OptionAutomator in its entirety and/or any of the sites hyperlinked to OptionAutomator.
You may not establish a hypertext link or inline link to OptionAutomator or any of the content on OptionAutomator if such link could result in the use of OptionAutomator’s Site in a manner prohibited by these Terms of Use. You may not, without our prior written permission, frame or embed any of the Content of OptionAutomator, or incorporate into another Website or other service any of our material, content or other intellectual property.
The provisions above apply to and are for the benefit of us, our affiliates and our licensors.
You are and shall remain responsible for obtaining and maintaining all internet connections, computer hardware and other equipment needed for access to and use of OptionAutomator and all charges related thereto whether you access OptionAutomator’s Site, the Software, or the Platform through broadband, wifi, wireless or any other type of connection. You should check with your phone company, wireless carrier or other communication services provider to determine what changes will apply. You are responsible for all costs of access. You are and shall remain responsible for all costs of maintaining, repairing and operating your equipment. We are not and shall not be liable for any damages to your equipment resulting from the use of OptionAutomator and its features.
If you are a trademark, patent or copyright (“Intellectual Property”) owner who believes your material has been reproduced, posted or distributed via OptionAutomator in a manner that constitutes infringement, please inform our designated agent by sending written notice by post to OptionAutomator LLC, 1021 E Lincolnway Unit #170, Cheyenne WY, 82001, United States, United States Attn: Legal Department. Please include the following information in your written notice: (1) a detailed description of the work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your name, address, telephone number and email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the Intellectual Property owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the Intellectual Property owner's behalf; and (6) an electronic or physical signature of the Intellectual Property owner or someone authorized on the owner's behalf to assert infringement and to submit the statement regarding alleged infringement. Please note that the contact information provided in this paragraph is for suspected infringement only. Contact information for other matters is provided elsewhere in these Terms of Use or on OptionAutomator.
None of OptionAutomator or any of its owners, co-founders, employees, other personnel, representatives, agents or independent contractors is, in such capacities, a licensed financial advisor, a registered investment adviser or a registered broker/dealer. None of OptionAutomator or its personnel solicit transactions in securities or other financial products, gives investment or financial advice or makes investment or trade recommendations. None of OptionAutomator or any of its officers, directors, employees, other personnel, representatives, agents or independent contractors recommends trades or transactions in securities, options, commodities, futures, forex or other financial instruments. Nor are any of them in the business of effecting trades or directing client futures accounts or giving futures trading advice tailored to any particular client's situation.
None of the Content accessible through OptionAutomator constitutes a solicitation, recommendation, promotion, endorsement or offer by or others described above, of any particular security, other investment product, transaction or investment.
Our Content is intended to provide you with information and educational material as well as entertainment. Although we believe our Content consists solely of educational and informational material, some of our Content may be deemed to be impersonal investment-related information. However, none of the information we give is tailored to your investment needs or the investment needs of any person. This information is based on our review of current opinions and viewpoints in the marketplace and statistical and financial data and independent research we obtain from others. Investment-related information we provide is for educational and informational purposes only, and no trade ideas or other references we make to a particular security is a recommendation to buy, sell, or hold that or any other security, any portfolio of securities, or to affect any transaction or investment strategy.
We may permit you to see the types of trades and BRUTUS OPTIONS RANKER Strategies that some of our employees, contractors, and other users have made or intend to make to give you the opportunity visualize, analyze, and review similar trades for education purposes only. We are not showing you these trades to influence you to make the same or a similar trade or to follow any particular trading strategy. Any trades or strategies shared are for the sole use of the employees, contractors, or other user and are for these individuals for their own accounts and are not being recommended to you. These trades may not be suitable for you given your financial situation or your investment objectives. The trades are for informational and educational purposes only.
BEFORE ENGAGING IN ANY TRADING, ESPECIALLY FROM ITEMS SHARED IN THE SOFTWARE BY OTHERS, YOU SHOULD DETERMINE WHETHER THE TRADES ARE SUITABLE FOR YOUR CIRCUMSTANCES. IF YOU ARE UNSURE ABOUT HOW TRADES YOU MAY MAKE WILL AFFECT YOUR OVERALL FINANCIAL PORTFOLIO OR THE LEVEL OF RISK THAT IS INVOLVED, YOU MAY WANT TO CONSULT A FINANCIAL ADVISOR PRIOR TO MAKING THOSE TRADES. THE MARKET VIEWS OF OUR EMPLOYEES AND CONTRACTORS ARE THEIR OWN OPINIONS ONLY AND ARE SUBJECT TO CHANGE AT ANY TIME.
PUBLIC/SHARED STRATEGIES AND TEMPLATES, WHETHER AUTHORED BY OPTIONAUTOMATOR OR THIRD-PARTY, IN THE BRUTUS OPTIONS RANKER, MAY NOT MATCH YOUR PARTICULAR FINANCIAL SITUATION OR YOUR INVESTMENT OBJECTIVES. PUBLIC/SHARED STRATEGIES/TEMPLATES ARE NOT SOLICITATIONS, RECOMMENDATIONS, PROMOTIONS, ENDORSEMENTS OR OFFERS TO YOU AND PROVIDED FOR INFORMATION PURPOSES ONLY. OPTIONAUTOMATOR DOES NOT WARRANT THE ACCURACY, LOGIC, OR CONTENT OF ANY PUBLIC/SHARED STRATEGY/TEMPLATE.
We do not guarantee that following any of the information we provide would result in profitable investment activities. The risk of loss in trading securities, including options and equities, is substantial. There is a risk of loss in the trading and investment strategies that are discussed on OptionAutomator and that are represented by the trades of our employees and contractors. When trading options, you may lose more than your initial investment. Options are not suitable for all investors as the special risks inherent to options trading may expose investors to potentially rapid and substantial losses. Follow the link below to see the Options Disclosure:
http://www.optionsclearing.com/components/docs/riskstoc.pdf
The projections or other information generated by OptionAutomator regarding the probability of various investment outcomes are hypothetical in nature, do not reflect actual investment results, and are not guarantees of future results. Results may vary based on numerous different factors and over time. We do not warrant or guarantee the accurateness, completeness or adequacy of the information we provide, the information included on OptionAutomator’s Site or the information contained on sites linked to OptionAutomator. Your use of information on OptionAutomator or materials linked to OptionAutomator is entirely at your own risk. You agree that any trades or other transactions you make through the OptionAutomator application are for your own account and at your own risk. You must be 18 years of age to open a brokerage account and make trades.
We do not knowingly solicit or collect information from persons under the age of 18. We do not have a mechanism for determining the age of the visitors to our site.
Employees, contractors, owners and others connected with our business may own positions in the equities, options, securities and/or futures or forex positions mentioned on the Site.
Information provided by OptionAutomator, whether broadcast or written, is not intended and does not constitute tax, legal or investment advice or a recommendation and are made for informational purposes only for beginning appropriate conversation with proper professional advisors. You should obtain such advice from your professional advisors.
Any press release, podcast, Internet broadcast, radio program prerecorded or live or otherwise on OptionAutomator’s Site or featuring a person associated with OptionAutomator on third-party sites, may contain forward-looking statements. Such forward-looking statements may be identified by, among other things, the use of forward-looking terminology such as: “believes,” “expects,” “may,” “will,” “should,” “expects,” “anticipates,” “plans,” “intends,” “estimates,” or the negative thereof or other similar terms, or by language used in discussions, broadcasts or trade ideas that involve risks and uncertainties. There are a variety of risks and uncertainties that may cause actual results to differ from the forward-looking statements. We assume no obligation to update any forward-looking statements, whether as a result of new information, future events or otherwise, and such statements are current only as of the date they are made.
You agree to hold us and our affiliates harmless from all information provided in any and all applications, content, and programming, prerecorded or live, and in any and all content and materials we provide on the site and with 3rd Party Sites.
YOU AGREE THAT USE OF THE OPTIONAUTOMATOR SITE, THE SOFTWARE, OR THE PLATFORM IS AT YOUR SOLE RISK.
THE INFORMATION, PRODUCTS AND SERVICES, OFFERED ON OR THROUGH OPTIONAUTOMATOR ARE PROVIDED "AS IS," “AS AVAILABLE” AND WITH “ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU. WE DO NOT WARRANT THAT OPTIONAUTOMATOR OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF OPTIONAUTOMATOR AND ANY OTHER SERVICES OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES, INTERFERENCE, HACKING, OTHER SECURITY INTRUSIONS, DAMAGE, OR OTHER HARMFUL COMPONENTS. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER DEFECTS. WE AND OUR AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OR INABILITY TO USE OPTIONAUTOMATOR AND ANY OF THE AVAILABLE FEATURES OR ANY INFORMATION OR SERVICES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OPTIONAUTOMATOR OR MATERIALS OR SERVICES ON THE OPTIONAUTOMATOR SITE, THE SOFTWARE, THE PLATFORM, OR OPTIONAUTOMATOR PUBLIC PERSONALITIES, INCLUDING OUR CONTENT AND ANY OTHER SERVICES, OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION, THE MAXIMUM AGGREGATE LIABILITY OF OPTIONAUTOMATOR, ITS CO-FOUNDERS, OFFICERS, MANAGERS, USERS, PARTNERS, EMPLOYEES, SHAREHOLDERS, CONTRACTORS, AGENTS, REPRESENTATIVES, LICENSORS AND/OR AFFILIATES ARISING IN CONNECTION WITH THESE TERMS OF USE AND YOUR USE OF OPTIONAUTOMATOR, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU HAVE PAID TO US FOR A SINGLE PRODUCT OR SERVICE IN THE CURRENT SUBSCRIPTION PERIOD.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL WE OR OUR AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND OR NATURE WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR OTHERWISE (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE) WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHER CLAIM) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, OPTIONAUTOMATOR, THIS SITE OR THE STORE INCLUDING ITS ASSOCIATED CONTENT, MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THIS SITE OR THE STORE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. THE DISCLAIMER AND LIMITATION OF LIABILITY AND DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL TO THE BASIS OF THE ARRANGEMENT BETWEEN OPTIONAUTOMATOR AND YOU. THE OPTIONAUTOMATOR SITE, THE SOFTWARE, THE PLATFORM, OPTIONAUTOMATOR PERSONALITIES OR OUR CONTENT WOULD NOT BE AVAILABLE TO YOU WITHOUT SUCH DISCLAIMERS AND LIMITATION OF LIABILITY AND DAMAGES. (BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION’S LAWS.) WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN ANY MATERIALS ON OR RELATED TO OPTIONAUTOMATOR. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, HARASSING, INFRINGING OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH OPTIONAUTOMATOR, THE SOFTWARE, THE PLATFORM, OR ANY CONTENT, MATERIALS, PRODUCTS, OR SERVICES ON OPTIONAUTOMATOR, OR WITH ANY OF OPTIONAUTOMATOR’S TERMS AND CONDITIONS, THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU IS TO STOP USING OPTIONAUTOMATOR IN ITS ENTIRETY.
WE ARE NOT RESPONSIBLE FOR ANY DAMAGES, INJURIES, EXPENSES OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OF OPTIONAUTOMATOR’S SITE, SOFTWARE, OR PLATFORM, OR OUR CONTENT.
In connection with the releases contained in our Terms of Use, you hereby waive California Civil Code Section 1542 (and any similar application provision under any other state law) which states: “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.”
You agree to defend, indemnify and hold harmless us, our affiliates, and each of our and their respective directors, co-founders, managers, users, partners, employees, shareholders, contractors, agents, representatives and licensors, from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, that arise out of or are related to your use of OptionAutomator in violation of these Terms of Use by you or any other person using your account, or your violation of any rights of any other person. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you agree to provide us with such cooperation as is reasonably requested by us.
You agree that, in our sole discretion, we may suspend or terminate your OptionAutomator User access, your password, other identification numbers, (or any part thereof) or use of the Site, or any part of the Site, and remove and dispose of any materials that you submit to the Site, at any time, for any reason, without notice. You agree that we will not be liable to you or any third-party for any suspension or termination of your password or other identification numbers, or use of the Site or any removal of any materials that you have submitted to OptionAutomator. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.
All disputes, controversies, causes of action (in tort, contract, by statute or otherwise) (“Disputes”), including, without limitation, Disputes arising from or relating to this Arbitration Provision (including the interpretation, breach, termination, and invalidity thereof) or the relationship that results from this Agreement shall be resolved by binding arbitration by a single independent and impartial arbitrator under the applicable dispute resolution procedures of Belize.
Arbitration replaces the right to go to court, and therefore the parties waive any right that you or OptionAutomator might otherwise have had to a jury trial or the opportunity to litigate any claims in court before either a judge or jury. Notwithstanding the foregoing, OptionAutomator LLC and/or TTHETA DEV Limited reserves the right to pursue the protection of intellectual property rights and confidential information and to stop other illegal activities through injunctive relief or other equitable relief through the courts.
Venue: The exclusive venue for the arbitration shall be in Belize. The parties will agree on a reasonable location, in the event that Belize is an inconvenient forum. The parties will endeavor to minimize the need for long-distance travel through the use of telephonic communications and submission of documents as permitted under the applicable rules for Expedited Procedures. The official language of the arbitration shall be English.
Both parties retain the right to file any claim that is not aggregated with the claim of any other persons and whose amount in controversy is properly within the jurisdiction of a court, which is limited to adjudicated small claims.
It is agreed that neither party shall have the right to participate as a class representative or class member with respect to any Disputes subject to arbitration under this Agreement or any Dispute between the parties. The parties also waive any right to assert consolidated claims with respect to any Disputes subject to arbitration under this Agreement or any Dispute between the parties.
Liability for both parties is limited $1,000 in damages, except as otherwise limited by this Agreement. Parties waive and the Arbitrator shall not be empowered to grant indirect, consequential, special, punitive or exemplary damages and/or damages or relief in excess of those permitted by this Agreement unless the statute under which they are suing provides otherwise. An arbitration award rendered by the arbitrator may be entered in any court having jurisdiction for the purposes of enforcement.
All Disputes shall be filed within one (1) year of the date the Disputes arose or occurred. The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to the Disputes. Arbitration shall be commenced by filing a Claim pursuant to the applicable Belize arbitration.
All parties have the right, at their own expense, to be represented by an attorney or spokesperson of their own choosing. Discovery shall be expeditiously completed within three (3) months of the time the parties are at issue. Each party shall produce relevant non-privileged documents requested by the other party. Discovery procedures available in court actions do not apply. The arbitrator shall grant oral and/or written discovery to preserve evidence or upon a showing of need. All discovery disputes shall be promptly submitted to and promptly resolved by the arbitrator.
Any party may seek a preliminary injunction or other provisional, injunctive, emergency or equitable relief (but not monetary relief) in a court of competent jurisdiction if, in its sole judgment, such relief is necessary to preserve the status quo or to prevent irreparable harm. The parties shall, despite seeking relief under this section, participate in good faith in the arbitration.
The arbitrator will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitration will not be confidential unless you request that it remain confidential.
Irrespective of who prevails in arbitration, you will only be responsible for paying your share, if any, of the arbitration fees required by the applicable Code, which amount shall not exceed the filing fees you would have incurred if the Claim had been brought in the appropriate state or federal court closest to your residence. OptionAutomator LLC will pay the remainder of any arbitration fees. At your written request, we will consider in good faith making a temporary advance of all or part of your share of the arbitration fees. The handling of fee arrangements and the payment of fees should be conducted by an Independent Institution. If the arbitration is decided in your favor, you will not be required to reimburse OptionAutomator LLC for any of the fees and costs it advanced. If the arbitration is decided in OptionAutomator LLC favor, you shall reimburse OptionAutomator LLC arbitration fees and costs, but only to the extent awardable in a judicial proceeding.
This Arbitration Provision shall survive termination or expiration of these Terms of Use, your registration, your OptionAutomator account, or the termination of OptionAutomator in its entirety or our operations, and any bankruptcy by you or us. If any portion of this Arbitration Provision, except the “Class Action Waiver and Other Restrictions” provision above, is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this Arbitration Provision, these Terms of Use or any predecessor agreement you may have had with us, each of which shall be enforceable regardless of such invalidity. If the Class Action Waiver and Other Restrictions is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor OptionAutomator shall be entitled to arbitrate their dispute.
This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, whether written or oral. If any provision of these Terms of Use is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining provisions of these Terms of Use shall remain in full force and effect. These Terms of Use will be governed by and construed in accordance with the laws of Belize, without giving effect to any principles of conflicts of law.
This agreement is personal to you and you may not assign it to any other person. We may assign this agreement to a third-party at any time without notice to you. However, if we assign this Agreement, the Terms of Use will remain substantially and materially the same, unless such Terms of Use are changed in the manner provided in their Terms of Use.
Neither our failure to exercise any of our rights under these Terms of Use nor our delay in enforcing or exercising any of our rights shall constitute a waiver of such rights. If we waive any right under these Terms of Use on one occasion, such waiver shall not operate as a waiver as to any other occasion.
Except as otherwise set forth in these Terms of Use, these Terms of Use are not intended to benefit any third-party and do not create any third-party beneficiaries. Accordingly, these Terms of Use may only be invoked or enforced by you or us. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the OptionAutomator or these Terms of Use must be filed by you within one year after such claim or cause of action arose or be forever barred.
Force Majeure
If either party is unable to perform its obligations under this Agreement (except the Client’s obligation to pay the Subscription Fees) due to significant events or circumstances beyond the party’s control, then that party will not be in breach of the Agreement. If the events or circumstances causing the delay, interruption or inability to perform obligations under this Agreement persist for more than sixty days, either party may terminate this agreement with immediate effect, by giving the other party notice in writing.
Last updated Aug 18, 2019
The OptionAutomator privacy policy (the “Privacy Policy”) is intended to inform you of our policies and practices regarding the collection, use, and disclosure of any information you submit to us through OptionAutomator. By using our Web Site (the “Site”), our Software (the “Software”), or our Platform (the “Platform”) you agree that your use of our Site, Software, Platform and any dispute over our privacy issues will be governed by this Privacy Policy.
OptionAutomator LLC, the provider of the Site www.OptionAutomator.com, including subdomains app.optionautomator.com and ux.optionautomator.com and CDN brutus.ws, the Software, the Platform (referred to as “OptionAutomator,” “us” or “we”), is committed to protecting your privacy online. We recognize your need for appropriate protection and management of any information you share with us. As such, OptionAutomator respects the privacy of registered users (collectively referred to as "users"), particularly with regard to the storage, access, and use of personally identifiable data collected online. Secured information on OptionAutomator.com will be maintained by OptionAutomator and, except as set forth herein, at no time will we permit anyone to access your confidential information.
Our Company collects the following data:
“Personally Identifiable Information or PII” is information that identifies a specific End User, such as your name, email address, user identification number and other non-public information that is associated with you. Currently, we do not require you to provide Personally Identifiable Information in order to have access to the free content available on our Site. However, in order to provide you with some of the OptionAutomator services, you must elect to become an OptionAutomator User. As an OptionAutomator User, you must create a profile and register a user name and valid email address. Providing your email address enables us to send you to email notices about us, our programming, and our offers.
We use Personally Identifiable Information to provide additional content to you. We also use Personally Identifiable Information to administer contests, enhance the operation of the Site, improve our marketing and promotional efforts, analyze Site, Software, and Platform use, improve our offerings, and to tailor your experience with third parties. Such information may also be used to troubleshoot, resolve disputes, accomplish administrative tasks, contact you, enforce our agreements with you, including our Website Terms of Use and this Privacy Policy, comply with applicable law, and cooperate with law enforcement activities.
Also referred to as “Anonymous Information,” “Non-Personally Identifiable Information” is information that is not associated with or linked to Personally Identifiable Information and does not permit the identification of individual persons by itself. This type of information may include things like the Uniform Resource Locator (“URL”) of the page you visited before and/or after coming to our Site, the links you clicked on, the type of browser you are using, etc. We, and/or our authorized third-party providers (“Third-Party Service Providers”), may automatically collect this information when you visit our Site, the Software, or the Platform and as you navigate through our Site, the Software, or the Platform through the use of electronic tools (see Information Collected Via Technology below). We use Non-Personally Identifiable Information to troubleshoot, administer the Site, the Software, or the Platform, analyze trends, and gather demographic information, measure traffic patterns and user interest on our Site, the Software, or the Platform, to improve the Site, the Software, or the Platform, comply with applicable law, and cooperate with law enforcement activities. We may also share this information with our authorized Third-Party Service Providers to measure the overall effectiveness of our online advertising, content, and distribution.
If you send an email to us, we will collect your email address and the full content of your email, including attached files, and other information you provide. Additionally, we may use your email address to contact you for things such as notifications of limited offers and other related information if you have opted in to receive such notifications. You may indicate your preference to stop receiving further promotional communications at any time by choosing to opt-out. To do so you will need to unsubscribe when you receive a promotional email or contact our customer service personnel at support@optionautomator.com. Our Terms of Use govern your submission of materials to us.
You directly provide Our Company with most of the data we collect. We collect data and process data when you:
Our Company may also receive your data indirectly from the following sources:
With your approval by continued use of the Site, we collect and use the information you provide us in the following ways:
Your data is not transferred to 3rd parties, but we may allow 3rd parties to indirectly contact you via our software and communications in the future.
Data is shared with our parent company TTHETA DEV Limited, wholly owned by the Co-Founders of OptionAutomator.
In the event of a company sale, all company data will be transferred, including data highlighted in this privacy policy. The acquiring company is responsible to uphold the agreements of this Privacy Policy.
When Our Company processes your order, it may send your data to, and also use the resulting information from, credit reference agencies to prevent fraudulent purchases.
We seek to have long-term relationships with our OptionAutomator Users. Thus, we do not wish to profit from the unwanted distribution of your private information or to inundate you with unnecessary emails or other material. You can unsubscribe from these emails at any time by emailing support@optionautomator.com with a request to unsubscribe or by the link at the bottom of all email transmissions by our email subscription lists. This process usually completes within 72 hours but can take up to 10 days in rare situations. However, if you later register for OptionAutomator.com again, your name will be removed from the Do Not Email list.
Our Company securely stores your PII data at our data center in Germany. The data center is equipped with all modern security including firewall, no direct IP access, reverse proxy, and proper hashing/encrypting where relevant.
Email data is stored on Google Cloud.
Our Company will keep your data indefinitely, users located in the European Union may request deletion of all data here.
Other users may contact us to remove their data.
Non-PII data is stored with various cloud providers. This data is completely anonymized and cannot be attributed to you without the appropriate user ID maintained in the PII database.
We take security seriously and take numerous precautions to protect the security of Personally Identifiable Information. At any time, a user can edit his or her own personal information and view his or her own Website activity on the user’s OptionAutomator profile/account page. You can access your Personally Identifiable Information on our Website through a password and your email address. This password is encrypted. We recommend that you do not share your password with anyone. In addition, your Personally Identifiable Information resides on a secure server that only selected personnel and contractors have access to. We encrypt certain sensitive information using Secure Socket Layer (SSL) technology while communicating with your computer to ensure that your Personally Identifiable Information is safe as it is transmitted to us. We also encrypt personally identifiable information stored in backups of our database so that the data is not easily accessible while being stored offline.
We may also use Third-Party Service Providers to track and analyze Non-Personally Identifiable usage and volume statistical information from our Users to administer our Website and constantly improve its quality. We may also publish this information for promotional purposes. We may disclose this information to any of our business partners, advertisers and other third parties as we may choose. Please note that this is not Personally Identifiable Information, only general summaries of the activities of our Users. Such data is collected on our behalf and is owned and used by us.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. Likewise, OptionAutomator may be required to store some sensitive data in relation to our transactions with you as a result of our internal records requirements, as dictated by applicable regulations and laws. Such data will also be encrypted in storage, but no encryption system is 100% secure. As a result, while we employ commercially reasonable security measures to protect data and seek to partner with companies which do the same, we cannot guarantee the security of any information transmitted to or from the Website and are not responsible for the actions of any third parties that may receive any such information.
Our Company would like to send you information about products and services of ours that we think you might like, as well as those of present and future partner companies.
If you have agreed to receive marketing, you may always opt-out at a later date. If a user requests to opt-out of future marketing messages, the Freemium Brutus Options Ranker plan will no longer be available to that user.
You have the right at any time to stop Our Company from contacting you for marketing purposes or giving your data to other members of the Our Company Group.
You can fine-tune your marketing messages preferences including a full opt-out, pause, or limits on the types of messages received by clicking on the manage communication preferences message at the bottom of any of our emails.
Our Company would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
The right to access
You have the right to request Our Company for copies of your personal data. We may charge you a small fee for this service.
You have the right to request that Our Company correct any information you believe is inaccurate. You also have the right to request Our Company to complete the information you believe is incomplete.
Users of the website which are located in the European Union and therefore protected by GDPR have the right to request that Our Company erase your personal data, under certain conditions. We have a simple online form which automates this process.
You have the right to request that Our Company restrict the processing of your personal data, under certain conditions.
You have the right to object to Our Company’s processing of your personal data, under certain conditions.
You have the right to request that Our Company transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our email:
write to us: legal@optionautomator.com
Cookies are small pieces of information that a web site sends to your computer’s hard drive while you are viewing that Website. We use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience with OptionAutomator.
OptionAutomator uses cookies to collect information about users’ profile and preferences as they interact with the Site and to manage personalized settings on the Site. Cookies provide a convenience for users by creating a more streamlined login process, keeping track of transactions, and preserving order information between sessions. The information collected from cookies is used to improve the functionality of OptionAutomator.com by avoiding duplicate data entry, facilitating navigation, increasing the relevance of content and enhancing security. Cookies on OptionAutomator.com may collect the following information: a unique identifier, user preferences and profile information to personalize content, and OptionAutomator User information to access specific services on OptionAutomator.com.
You can set your browser to alert you when a cookie is being used, the duration of the cookie, and to inform you of where your information is being returned. You then have the opportunity to accept or reject the cookie. Additionally, you may set your browser to refuse all cookies or accept only cookies returned to the originating servers. Persistent cookies can be removed by following your Internet browser help file directions. Users may generally disable the cookie feature on their browser without affecting their ability to use OptionAutomator.com, except in some cases where cookies are used as an essential feature to allow the successful completion of a transaction. However, disabling cookies may limit your use of many convenience features offered by OptionAutomator.com.
We may use other industry standard technologies like pixel tags and web beacons to track your use of our Site pages and promotions, or we may allow our Third-Party Service Providers and/or Marketing Partners (entities associated with OptionAutomator that receive compensation for referrals on a per-customer basis) to use these devices on our behalf. Pixel tags and web beacons are tiny graphic images or javascript code placed on certain pages on our Website, or in our emails that allow us to measure and improve our understanding of visitor traffic and behavior on our Site, as well as give us a way to measure our promotions and performance. Pixel tags and web beacons are not used to access users’ Personally Identifiable Information; they are a technique we may use to compile aggregated statistics about Site usage. You may not decline pixel tags and web beacons, however, they can be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis.
For further information, visit allaboutcookies.org.
Our Company uses cookies in a range of ways to improve your experience on our website, including:
There are a number of different types of cookies, however, our website uses:
You can set your browser not to accept cookies, and the above website tells you how to remove cookies from your browser. However, the Brutus Options Ranker software will not work if you disable cookies sitewide.
Our Company website may contain links to other websites. Our privacy policy applies only to our website with subdomains of www, app, ux, and Brutus.ws, so if you click on a link to another website, you should read their privacy policy.
We provide services and products through third parties. These “Third-Party Service Providers” perform functions on our behalf, like sending out and distributing our administrative and promotional emails, administering contests, removing repetitive information on customer lists, analyzing data, providing marketing assistance, search results and links, operating the Website, troubleshooting, and providing customer service. We may share your Personally Identifiable Information with Service Providers to accomplish our administrative tasks. We require our Third-Party Service Providers to agree not to use your Personally Identifiable Information, except to the extent necessary to perform the services we have engaged them to perform. We may also collect personal information about you from individuals and companies (“Affiliates”) with whom we have business relationships.
OPTIONAUTOMATOR DOES NOT COLLECT OR STORE PAYMENT DATA. WE UTILIZE REPUTABLE THIRD-PARTY PAYMENT PROCESSORS. AS USERS SHOP ON OUR SITE, THEY CLICK A BUTTON TO PAY USING THEIR BANK ACCOUNT, CREDIT CARD, DEBIT CARD OR PAYPAL ACCOUNT. IN ALL CASES, DATA IS TRANSFERRED TO A THIRD-PARTY PAYMENT PROCESSOR. Payment information is protected during transmission from the user directly to the third-party payment processor by a Secure Sockets Layer (SSL) connection. Once stored, this information is protected through various security measures in place at the credit card processor’s data center. THIRD-PARTY PAYMENT PROCESSORS MUST ANNUALLY ATTEST TO MAINTAINING PAYMENT CARD INDUSTRY (“PCI”) DATA SECURITY STANDARD (“DSS”) COMPLIANCe. This includes building and sustaining a secure network to protect payment card and cardholder information, encrypting data in transit, implementing strong access control measures and regularly monitoring and testing networks and technological elements such as firewalls to meet security requirements.
OptionAutomator does permit third-party advertising on our Site. We may remarket your information. Remarketing is a way for us to connect with users using a variety of advertising networks, based upon your past interactions with the Site. We may hire third-party marketing vendors to perform remarketing services. As a result, third-party vendors may show OptionAutomator ads on sites you visit on the Internet.
We may share your information in a Business Transfer. As with any other business, we could merge with or be acquired by another company. If this occurs, the successor company would acquire the information we maintain, including Personally Identifiable Information. However, Personally Identifiable Information would remain subject to this Privacy Policy.
We may share your information for our Protection and the Protection of Others. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website, Software, and Platform; enforce or apply this Privacy Policy, our Website Terms of Use or other agreements; or protect the rights, property or safety of the Website, Software, and Platform, its Users or others.
Our Site may contain links to other sites. Other sites may also reference or link to our Site. We are not responsible for the privacy practices or the content of such other sites. This Privacy Policy only addresses the use and disclosure of information we collect from you on www.OptionAutomator.com. Other Websites that may be accessible through this Site have their own privacy policies and data collection, use and disclosure practices. If you link to any such Website, we urge you to review the Website’s privacy policy.
If we decide to change our privacy policy, we will post those changes to this privacy statement, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page. We will note the date of the most recent changes at the beginning of our Privacy Policy under “Last Updated.”
Anytime you call OptionAutomator customer service, we may request that you provide identification information such as your home address, phone number, and zip code. We will use this data to facilitate and process refunds, to detect fraud and to comply with applicable laws and regulations.
Minors under the age of 13 may not use the Website. We do not intentionally collect or maintain personally identifiable information about anyone under the age of 13. If we obtain actual knowledge that a user is under 13, we will take steps to remove that user's Personally Identifiable Information permanently from our databases. Children between the ages of 13 and 18 should obtain their parent’s permission to send us any Personally Identifiable Information, such as is required to become a subscriber. If a child has provided us with private information without parental or guardian consent, the parent or guardian should email us at support@optionautomator.com to remove the information and unsubscribe the child from any contact opportunities. By using our Website, Software, or Platform, you represent to us that you are either 18 years of age or older or between the ages of 13 and 18 and have a parent’s or guardian’s consent to use our Website, Software, or Platform.
If you have any questions about Our Company’s privacy policy, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us.
Email us at: legal@optionautomator.com
