PLEASE READ THIS INFORMATION
CAREFULLY. YOUR USE OF THIS SERVICE CONSTITUTES YOUR AGREEMENT TO THE FOLLOWING
TERMS AND CONDITIONS.
- Clients of Upside Options LLC (“UPSIDE”) are
advised that UPSIDE trade signals are a publication of what and how we are
trading each month. All statements and expressions are the opinion of UPSIDE
and are not meant to be either investment advice or a solicitation or
recommendation to establish market position. All opinions are subject to
change without notice. We suggest all of our clients to conduct thorough
research relevant to decisions and verify facts from various independent
sources such as a registered investment advisor (RIA). UPSIDE is not a
Registered Investment Adviser or a Broker/Dealer. UPSIDE is not authorized
to provide investment advice. UPSIDE is not to be held responsible for
individual market positions, and all trades that clients take are based on
their own final decisions. We do not accept any liability for any loss or
damage whatsoever, that may directly or indirectly result from any advice,
opinion, information, representation or omission, whether negligent or
otherwise, contained in the trading signals or in any accompanying chart
analysis, whether communicated by word or message, typed or spoken by UPSIDE
personnel. - Options trading transactions carry a high degree of
risk and any transaction involving options is exposed to, among other
things, changes in a country’s political condition, economic climate, acts
of nature – all of which may substantially affect the price or
availability of given options. As such, we do not take responsibility for
losses of assets caused to subscribed members’ trading actions based on
our trading forecasts and signals sent to them. Previous performance is
not a guarantee for future results. - Trading options carries a high level of risk and may
not be suitable for all investors. The high degree of leverage can work
against you as well as for you. Before deciding to trade options you
should carefully consider your investment objectives, level of experience,
and risk appetite. The possibility exists that you could sustain a loss of
some, all or more than your initial investment and therefore you should
not invest money that you cannot afford to lose. You should be aware of
all the risks associated with options trading and seek advice from an
independent financial advisor if you have any doubts. - Having the ability to open credit spreads and iron
condors through your broker is required to follow our trades. These types
of options trades require at least a few years of experience and you
should inform your broker of this experience to obtain the proper trading
level access. - Past performances do not guarantee future results.
Trading options involves substantial risk and there is always the
potential for loss. Your trading results may vary. Because the risk factor
is high in options trading, only genuine “risk” funds should be
used in such trading. If you do not have the extra capital that you can
afford to lose, you should not trade in the options market. No
“safe” trading system has ever been devised, and no one can guarantee
profits or freedom from loss. - You expressly understand that the lower the chance of
experiencing a losing trade, the larger a loss will be when experienced.
The UPSIDE service is considered to be a low risk service based on
the low chance of experiencing losing trades, but also a high-risk service
based on how large a loss can be when experienced. - UPSIDE reserves the right at any time to modify or
discontinue, temporarily or permanently, our services (or any part
thereof) with or without notice. You agree that UPSIDE shall not be liable
to you or to any third party for any modification, suspension, or
discontinuance of our services. - You expressly understand and agree that UPSIDE shall
not be liable for any direct, indirect, incidental, special, or
consequential damages, including but not limited to, damages for loss or
profits, goodwill, use, data or other intangible losses. - UPSIDE does not refund any payments (used or unused)
for the services subscribed by the subscriber. Any cancellations are
effective immediately. - No sharing or resale of service. You agree not to
distribute, reproduce, duplicate, copy, sell, resell or exploit for any
purpose, any portion of our services, or access to our services. UPSIDE
reserves the right to bring litigation against any individuals, groups, or
entities violating any of these policies. - UPSIDE reserves the right to immediately cancel any
subscription when a dispute or chargeback is filed on a previous payment,
without refunding any unused portion. The account will also be removed
from all autotrading lists with associated brokers. - UPSIDE reserves the right to refuse its services to
anyone with or without any reasons. - UPSIDE reserves the right at any time to modify this
disclaimer and risk disclosure without notice. - UPSIDE reserves the right at any time to modify the
subscription fee. - Your use of our services is at your sole risk. Our
service is provided on an “As Is” and “As Available”
basis. UPSIDE expressly disclaims all warranties of any kind, expressed or
implied, including, but not limited to the foregoing. - If you do not agree to the Terms of Service you may not
use the Service. UPSIDE reserves the right to modify its subscription fee,
the content of the Service and these Terms of Service periodically without
prior notice. Your use of any such product or service offered on the
Service is governed by these terms and conditions. Upside Options LLC does
not warrant that any product descriptions or content contained in this
website is accurate, current, reliable, complete, or error-free. - Upside Options LLC is neither a registered Investment
Adviser nor a Broker/Dealer. UPSIDE is not authorized to provide
investment advice. Readers are advised that all information in the Service
is issued solely for informational purposes and is not to be construed as
an offer to sell or the solicitation of an offer to buy, nor is it to be
construed as a recommendation to buy, hold or sell (short or otherwise)
any security. All opinions, analyses and information included herein are
based on sources believed to be reliable and written in good faith, but no
representation or warranty of any kind, expressed or implied is made,
including but not limited to any representation or warranty concerning
accuracy, completeness, correctness, timeliness or appropriateness. In
addition, we undertake no obligation to update such opinions, analyses or
information or to keep such opinions, analyses or information current.
Owners, employees and writers may have long or short positions in the
securities that are discussed. Clients of the Service are advised that
trade signals are just a publication of what and how we are trading each
month. All statements and expressions are the opinion of UPSIDE and are
not meant to be either investment advice or a solicitation or
recommendation to establish market position. All opinions are subject to
change without notice. We strongly suggest that all UPSIDE clients conduct
thorough research relevant to decisions and verify facts from various
independent sources. UPSIDE is not to be held responsible for individual
market positions, and all trades that clients may take are based on their
own final decisions. All users of the Service are urged to consult with
their own independent financial advisors with respect to any investment.
All information contained in this Service should be independently
verified. - Please review our Privacy Policy which also governs
your visit to our web site and its services. - Use of Content:
You understand that some portion of the Service may contain opinions from
time to time with regard to any securities mention in other portions of
the Service, and that those opinions may be different from those obtained
by using another portion of the Service. You may view, download, and print
contents from the Service subject to the following conditions: (a) the
content may be used solely for personal use; you may not forward this
subscription to others; (b) the content must bear the proper attribution
to Upside Options LLC; and (c) the content may not be modified or altered
in any way. You may not republish, share, sell, resell, distribute,
prepare derivative works, exploit for any purpose, or otherwise use the
content other than as explicitly permitted herein. UPSIDE reserves the
right to bring litigation against any individuals, groups, or entities
that violate any of these policies. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of UPSIDE or
any other “hidden text” utilizing UPSIDE name without the express written
consent of UPSIDE. You may not use any UPSIDE logos or other proprietary
graphic as part of the any link without express written permission. - Copyright Info:
All content included on this site, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and
software, is the property of Upside Options LLC or its content suppliers
and protected by United States and international copyright laws. The
compilation of all content on this site is the exclusive property of Upside
Options LLC and protected by U.S. and international copyright laws. All
software used on this site is the property of Upside Options LLC or its
software suppliers and protected by United States and international
copyright laws. - Copyright Complaints:
Upside Options LLC respects the intellectual property of others. If you
believe that your work has been copied in a way that constitutes copyright
infringement, please contact Upside Options LLC at support@upsideoptions.com.
You do not acquire any ownership rights to any content in the Service. Any
unauthorized use terminates the permission, subscription or license
granted by Upside Options LLC. - Reviews, Comments, & Other Content: You may submit comments and provide other content so
long as the content is not obscene, illegal, threatening, or defamatory
and so long as the content does not invade the privacy or infringe the
intellectual property of a third party. Further, such content may not
contain software viruses, mass mailings, chain letters, or any form of
“spam.” You may not use a false e-mail address, impersonate any person or
entity, or otherwise mislead as to the origin of the information. By
submitting information, you grant UPSIDE a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sub licensable right to use such
information, including but not limited to reproducing, using, modifying,
publishing, adapting, translating, creating derivative works from,
distributing, and displaying such content throughout the world in any
media. By submitting information you also represent and warrant that the
content is accurate; you own or have permission to use the content that
you submit; and your use of the content will not cause injury to any
person or entity. UPSIDE takes no responsibility and assumes no liability
for any content posted by you or any third party. - Your Subscription:
If you are under 18 years of age, you may not use UPSIDE. Upside Options
LLC reserves the right to refuse service, terminate subscriptions, remove
or edit content, or cancel orders in its sole discretion. - Subscription Terms, Payment & Service Period: Payment for the subscription(s) will be made on the
date you place your order for the Service. The subscription term(s) will
commence on the date you register for the Service and continue until
terminated as provided below. Each service period comprises 30 days for
monthly subscriptions. Current subscription rates are available on the
description of services page. Subscribers will pay monthly based on the
terms elected at the time of purchase. UPSIDE reserves the right to refuse
its services to anyone, either current subscriber or potential subscriber,
with or without any reasons. The Service reserves the right to immediately
cancel any subscription when a dispute or chargeback is filed on a
previous payment, without refunding any unused portion. The account will
also be removed from all auto trading services with associated broker. UPSIDE
does not refund any payments (used or unused) for the services subscribed
by the subscriber. Any cancellations are effective immediately based on
the date their request was received. - Subscription Termination: UPSIDE offers a trial period during which you may
cancel that subscription and not be charged the subscription fee for
qualified participants of the 30 Day Free Trial Subscription. The
complimentary trial is available only once per individual per
subscription. To cancel your subscription during the trial period, send an
e-mail with your request to billing@upsideoptions.com. Subsequent to the
trial period of your subscription, you may cancel your paid subscription
at any time, with the exception that you must provide at least a
5-business day notice prior to your next scheduled rebill date in order to
prevent future charges. Cancellations not received at least 5 business
days prior to the scheduled rebill date will result in the then-applicable
subscription fee(s) being billed automatically to the credit card then
designated on our records for the next period of service you agreed to and
authorized at the time of purchase. Due to the proprietary nature of our
unique methodology, no refunds will be issued for late cancellations for
any reason. No exceptions. To cancel your paid subscription, send your
cancellation request to billing@upsideoptions.com and request to terminate
service and stop automatic payment. We reserve the right to terminate your
subscription and use of the Service at any time for any reason, including
without limitation any breach by you of this Agreement of these Terms of
Service. - Delivery Methods and Shipping Times: UPSIDE usually sends 1 to 3 advisories to its
subscribers each week via email at varying times of the day depending on
market conditions. UPSIDE is not responsible for loss of trading
information such as UPSIDE trade signals sent to subscriber by email
caused by poor Internet connection, no Internet access, network/server
delays, or any other communication problems. Trading signals are only a
display of what we trade, what you do with that information is up to you.
You have the final decision if you decide to follow us, and if so, you do
so at your own risk. UPSIDE will not refund any paid subscription fees for
issues experienced with any 3rd party service provider such as but not
limited to interruptions in service caused by email service provider,
broker, etc. No exceptions. Services rendered is based on delivery of
weekly email advisories regardless of use of material and receipt. - Services Rendered:
UPSIDE subscription fees are based on the weekly advisories, newsletters
and/or trade alerts and not based on participation of the auto trade
program, performance or usage. Setting up a brokerage account and
enabling, disabling or adjusting your auto trade rule is your
responsibility as UPSIDE does not have access to your account.
Participation in our trade recommendations/auto trade program is at your
own risk. UPSIDE is not responsible for any interruptions of service
caused by a 3rd party including but not limited to a broker or email
service provider and will not refund paid subscription fees or offer credits
of service of their behalf of 3rd party performance or participation of UPSIDE
services. UPSIDE subscriptions are on a month-to-month basis and can be
cancelled at any time. UPSIDE does not refund any payments (used or
unused) for the services subscribed by the subscriber once services have
been rendered. - Automatic Subscription Renewal and Refund Policy: Your subscription(s) will renew automatically each
month (every 30 days) according to the payment plan you agreed to and
authorized at the time of purchase, unless you notify us at least 5
business days prior to each subscription renewal of your decision not to
renew your subscription. If you do not notify us, the then-applicable
subscription fee(s) will be billed automatically to the credit card then designated
on our records for the next period of service you agreed to and authorized
at the time of purchase. Due to the proprietary nature of our unique
methodology, UPSIDE does not refund prorated portions of a 30-day service
period or in situations where services were rendered upon the terms and
conditions of this agreement. Copyright Info: All content included on this
site, such as text, graphics, logos, button icons, images, audio clips,
digital downloads, data compilations, and software, is the property of UPSIDE
or Round the Bend Wizards, and its content suppliers and protected by
United States and international copyright laws. The compilation of all
content on this site is the exclusive property of UPSIDE and protected by
U.S. and international copyright laws. All software used on this site is
the property of UPSIDE or its software suppliers and protected by United
States and international copyright laws. - Copyright Complaints:
UPSIDE respects the intellectual property of others. If you believe that
your work has been copied in a way that constitutes copyright
infringement, please contact UPSIDE at support@upsideoptions.net - Third Party Web Sites & info: The Service may provide hyperlinks to third party
websites or access to third party content. UPSIDE does not control,
endorse, or guarantee content found in such sites. All information on such
third-party websites is believed to be reliable and written in good faith,
but no representation or warranty of any kind, expressed or implied, is
made, including but not limited to any representation or warranty
concerning accuracy, completeness, correctness, timeliness or
appropriateness. Without limiting the foregoing, you agree that UPSIDE is
not responsible for any content, associated links, resources, or services
associated with a third-party site and that UPSIDE shall not be liable for
any loss or damage of any sort associated with your use of third party
content. Links and access to these sites are provided for your convenience
only. UPSIDE may use third party tools, data and content from time to time
throughout the website and newsletter. We make no warranties regarding the
accuracy and timeliness of the data presented and is presented on an “as
is” basis. Any quotes available on the UPSIDE website are delayed by at
least 20 minutes. - Disclaimer:
Without limiting any other provision of this Agreement, you expressly
understand and agree that: - Your use of the Service is at your sole risk. The
Service is provided on an “as is” basis. UPSIDE expressly disclaims all
warranties of any kind, whether express or implied, including but not
limited to the implied warranties of merchantability, fitness for a
particular purpose and non-infringement. 2. Without limiting the foregoing
disclaimer, neither UPSIDE nor its officers, directors, employees,
affiliates, suppliers, advertisers, and agents makes any warranty that (i)
the Service will meet your requirements; (ii) the Service will be
uninterrupted, timely, secure, or error-free; (iii) the results that may
be obtained from the use of the service will be accurate, reliable or
timely; (iv) the quality of any products, services, information,
newsletters or other material purchased or obtained by you through the
Service will meet your expectations; and (v) any errors in the web site or
the software will be corrected. 3. Any material downloaded or otherwise
obtained through the use of the Service is done at your own discretion and
risk and that you will be solely responsible for any damage to your
computer system or loss of data that results from the download of any such
material. UPSIDE does not warrant that this site, its servers, or e-mail
sent from UPSIDE are free of viruses or other harmful components. - Limitation of Liability: You expressly understand and agree that UPSIDE shall
not be liable for any direct, indirect, incidental, special, consequential
or exemplary damages, including but not limited to, damages for loss of
profits, goodwill, use, data, or other intangible losses (even if UPSIDE
has been advised of the possibility of such damages), resulting from (i)
the use or inability to use the Service; (ii) the cost of procurement of
substitute goods and services resulting from any goods, data, information
or services purchased or obtained or messages received or transactions
entered into through or from the Service; (iii) unauthorized access to or
alteration of your transmissions or data; (iv) statements or conduct of
any third part on the service; or (v) any other matter relating to the service.
Your sole remedy for dissatisfaction with the service is to stop using it.
The sole and exclusive maximum liability to UPSIDE for any damages,
losses, or causes of action, whether contractual or tort, (including
without limitation, negligence), or otherwise shall be the total amount
paid by you for the Service. Any use by you of the Service is at your own
risk. Certain state laws do not allow limitations on implied warranties or
the exclusion or limitation of certain damages. If these laws apply to you,
some or all of the above disclaimers, exclusions, or limitations may not
apply to you, and you may have additional rights. - All stop-loss, limit and entry orders are not
guaranteed in any market conditions. Trading on-line, no matter how
convenient or efficient does not necessarily reduce risks associated with
options trading. - Having the ability to perform credit spreads with your
broker is required to follow our trades. Credit spreads require at least a
few years of experience and you should inform your broker of this
experience to obtain the proper trading level access. - Hypothetical performance results have many inherent
limitations. No representation is being made that any account will or is
likely to achieve profits or losses similar to those shown. In fact, there
are frequently sharp differences between hypothetical performance results
and the actual results subsequently achieved by any particularly trading
program. One of the limitations of hypothetical performance results is
that they are generally prepared with the benefit of hindsight. In
addition, hypothetical trading does not involve financial risk. Variables
such as the ability to adhere to a particular trading program in spite of
trading losses as well as maintaining adequate liquidity are material
points which can adversely affect actual real trading results. - You expressly understand that the lower the chance of
experiencing a losing trade, the larger a loss will be when experienced.
The Service is considered to be a low risk service based on the low chance
of experiencing losing trades, but also a high-risk service based on how
large a loss can be when experienced. - UPSIDE reserves the right at any time to modify or
discontinue, temporarily or permanently, our services, or any part
thereof, with or without notice. You agree that UPSIDE shall not be liable
to you or to any third party for any modification, suspension, or
discontinuance of our services. - Your use of UPSIDE services is at your sole risk. Our
service is provided on an “As Is” and “As Available” basis. UPSIDE
expressly disclaims all warranties of any kind, expressed or implied,
including, but not limited to the foregoing. - Indemnity:
You agree to defend, indemnify, and hold harmless Upside Options LLC,
employees, attorneys, and agents against all claims, expenses,
liabilities, losses, costs, and damages, including reasonable attorney’s
fees made by any third party due to or arising out of content you submit,
post, transmit, or made available through the Service, your use of the Service,
your connection to the Service, your violation of the Terms of Service or
your violation of any rights of another. - Applicable Laws:
All matters relating to your access to and use of the Service shall be
governed by the law of the state of California without regard to its
conflict of law principles. Any legal action or proceeding relating to
your access to or use of the Service must be instituted in a state or
federal court in the state of California, county of Santa Clara and you
expressly consent to the jurisdiction of these California courts. If there
is a determination that any provision of these Terms of Service is invalid
or unenforceable, that determination will not affect the rest of the Terms
of Service and the Terms of Service shall be deemed amended to the minimum
extent necessary to make them valid and enforceable. - Violations:
Please report any violations of the Terms of Services to support@upsideoptions.net
Contact Information: If you have any questions or concerns regarding
the Terms of Service, please contact Upside Options LLC at support@upsideoptions.net