OptionsHouse Terms & Conditions
The OptionsHouse.com website (the “Service”) and the features at this site are subject to these Terms of Service (“Terms”), which we may update or amend from time to time; your use of this site after we post any changes to these Terms constitutes your agreement to those changes. All references to “OptionsHouse” herein shall include its affiliates.
Content posted on the OptionsHouse website is published as of its stated date or, if no date is stated, the date of first posting. Neither OptionsHouse nor the Service and Information Providers have undertaken any duty to update any such information.
OptionsHouse provides self-directed investors with brokerage services, and does not make recommendations or offer investment advice of any kind.
You are solely responsible for evaluating the merits and risks associated with the use of any Content on the Web site before making any investment or other decision based on such Content. You agree not to hold OptionsHouse or the Service and Information Providers liable for any possible claim for damages arising from any decision you make based on information made available to you through the Web site.
The Content, investment products and services offered on the Web site are intended for U.S. residents only. They shall not be considered a solicitation to any person in any jurisdiction where such solicitation would be illegal.
Any price quotes may be delayed twenty (20) minutes or longer, according to the rules and regulations applicable to exchanges and Service and Information Providers. Neither OptionsHouse nor the Service and Information Providers make any representations, warranties or other guarantees as to the accuracy or timeliness of any price quotes. Neither OptionsHouse nor the Service and Information Providers make any representations, warranties or other guarantees as to the present or future value or suitability of any sale, trade or other transaction involving any particular security or any other investment.
Content is provided exclusively for personal and noncommercial access and use. The OptionsHouse, or Service and Information Providers’ company names and logos and all related product and service names, design marks and slogans are the property of the respective company or its affiliates. You are not authorized to, and agree not to, download, display or use any Content or name or mark in any publication, advertising, publicity or any other commercial manner, in connection with products or services that are not those of OptionsHouse, in any other manner that is likely to cause confusion among consumers, that disparages or discredits OptionsHouse and/or its licensors, that dilutes the strength of OptionsHouse’s or its licensor’s property, or that otherwise infringes OptionsHouse’s or its licensor’s intellectual property rights. You further agree to in no other way misuse any Content that appears on the Service. You may not modify, copy, distribute, publish, license or sell any Content or any derivative work based on the Content.
OptionsHouse and/or the Service and Information Providers may discontinue or modify any category of Content at any time. You release and agree to indemnify and hold harmless OptionsHouse and the Service and Information Providers for any loss or damages that may result.
By using the Web site, you consent to any form of recording and retention of any communication, information and data exchanged between you and OptionsHouse or its representatives or agents.
OptionsHouse.com and the Service and Information Providers may provide access to blogs, wikis, online conferences, telecasts, podcasts, or other forums (the “Forums”). All communications made at or through the Forums are public. Neither OptionsHouse nor the Service and Information Providers have, unless otherwise required by law, any obligation to screen, review, approve or endorse any Content obtained through the Forums. Reliance on the Content obtained through the Forums is at your own risk. By displaying, publishing, or otherwise posting any content on or through the site, you hereby grant to OptionsHouse a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such content without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any such content, as well as the right to sublicense such content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs. You continue to retain all ownership rights in your content, and you continue to have the right to use your content in any way you choose, subject to these Terms and the license described herein (“User Content License”). You represent and warrant that you own the content submitted, displayed, published or posted by you on the website and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.
You will not access or otherwise use the Forums in any unlawful manner, for any unlawful purpose or in violation of these Terms and Conditions. Without limitation, you will not do any of the following, whether in a Forum or otherwise:
- post any software to the site, nor will you post links or files that do not comply with these Terms;
- upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, hateful, racist, pornographic, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable or inappropriate as determined by OptionsHouse;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, an official of OptionsHouse or the Service and Information Providers, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any material;
- upload, post or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
upload, post, or transmit unsolicited commercial email or “spam” (including, but not limited to, unethical marketing, advertising, or any other practice that is in any way connected with “spam,” such as i) sending mass email to recipients who haven’t requested email from you or with a fake return address, ii) promoting a site with inappropriate links, titles, descriptions, or iii) promoting your site by posting multiple submissions in public forums that are identical);
upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- “stalk” or otherwise harass another user of the Service;
- collect or store personal data about other users of the Service;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals (including, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices);
- post business solicitations of any type or promote, offer for sale or sell any security or item, good or service; or
- use the Forums as a forwarding service to another website.
OptionsHouse may delete any content that in its sole judgment violates these Terms. When discussing a particular company, stock or security, you will reveal any ownership interest in such company, stock or security.OptionsHouse and/or the Service and Information Providers may provide links to other World Wide Web sites or resources. Because neither OptionsHouse or the Service and Information Providers have any control over such sites and resources, you acknowledge and agree that neither OptionsHouse nor the Service and Information Providers are responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that neither OptionsHouse nor the Service and Information Providers shall be responsible or liable, directly or indirectly, for any damage, liability or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Disclaimer of Representations or Warranties
Content and Service are provided on an “as is,” “as available” basis, and neither OptionsHouse nor the Service and Information Providers make any representations as to the suitability of the Content, Services or other materials for any purpose. OptionsHouse and the Service and Information Providers expressly disclaim any and all warranties, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability and accuracy with respect to the service and the materials.
OptionsHouse does not prepare, edit, or endorse Content from Service and Information Providers. OptionsHouse does not guarantee its accuracy, timeliness, completeness or usefulness, and is not responsible or liable for any content, advertising, products, or other materials on or available from third party sites. Use of the Content from Service and Information Providers is at your own risk.
Limitation of Liability; Indemnity
In addition to the limitations on liability contained elsewhere in these Terms, you will not hold OptionsHouse and/or Service and Information Providers liable in any way for (a) any inaccuracy of, error or delay in, or omission of the Content, or (b) any loss or damage arising from or occasioned by i) any error or delay in the transmission of such Content, ii) interruption in any such Content due either to any negligent act or omission by any party to any “force majeure” (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction), or iii) to any other cause beyond the reasonable control of OptionsHouse and/or Service and Information Provider, or iv) non-performance.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL OPTIONSHOUSE OR ITS AFFILIATES, OR THEIR RESPECTIVE PARTNERS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE OR THE SERVICES, NOR SHALL SUCH PARTIES OR PERSONS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND THEIR CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL OPTIONSHOUSE OR ITS AFFILIATES, OR THEIR RESPECTIVE PARTNERS, OFFICERS, EMPLOYEES OR AGENTS TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You will indemnify and hold harmless OptionsHouse and the Service and Information Providers, licensors, employees, distributors or agents from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to your (i) violation of these Terms or (ii) access and/or use of, or interaction with the Service and/or Content (including, without limitation, the Forums), or any act, error, or omission of your use of an account or any user of your account, in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Service; or violation of any applicable law.
This Agreement will be governed by and construed in accordance with the internal laws of the State of Illinois without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the federal, state and local courts of Illinois. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
If OptionsHouse fails to act with respect to your breach or anyone else’s breach on any occasion, OptionsHouse is not waiving its right to act with respect to future or similar breaches.
OptionsHouse may at any time revise the Terms and Conditions by updating this document. You agree to be bound by subsequent revisions and agree to review the Terms and Conditions periodically for changes. The most updated version of this document will always be available for your review under the “Terms and Conditions” link that appears at the bottom of the pages on the website.
Technology in our system is protected by patents, including US patent numbers D652047, 8,332,305 and 8,315,938 and patents pending. Portions of the futures user interface are licensed under Trading Technologies International, Inc.’s U.S. Patent Nos. 6,766,304; 6,772,132; 7,533,056; 7,676,411; 7,693,768; 7,725,382; 7,813,996; and 7,904,374.