Acceptance of Terms Clause
By accessing and using the website belonging to Operator Trading, LLC (here referred to as “Operator Trading”, “Operator Trading, LLC”, “Operator Trading LLC”, “Company”), you accept and agree to be bound by the terms and provision of this agreement. In addition, when using this website’s particular services, including but not limited to free or paid memberships and the purchase of products, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified at any time, with or without notice. All such guidelines or rules are hereby incorporated by reference into the Terms of Service
Participation in the website belonging to and operated by Operator Trading, LLC and/or partaking in its various service offerings, including free or paid membership, constitute acceptance of this agreement. If you do NOT agree to these terms, please do not use the website, subscribe to any services, or purchase any products.
By becoming a customer of Operator Trading, LLC and/or by using the website, Operator Trading, LLC hereby grants to you a limited revocable license to use the website, and its content, materials, and services, solely for your personal use and for the purposes set forth on the website, and subject to these Terms and Conditions and all other rules, regulations and policies imposed or adopted by Operator Trading, LLC in connection with the website, which may be amended by Operator Trading, LLC at any time in its sole discretion and without notice. Such limited license is freely revocable and terminable by Operator Trading, LLC at any time, without cause and in the sole discretion of Operator Trading, LLC.
Intellectual Property Rights
Under these Terms, Operator Trading, LLC and/or its licensors own all rights to the intellectual property and material contained in this website, including all product materials, video material, audio, documents, slides, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website,
Under these Terms, you are expressly and emphatically restricted from all of the following:
- publishing any material found on this website in any media;
- selling, sublicensing, and/or otherwise commercializing any website material;
- publicly performing and/or showing any website material;
- using this website in any way that is, or may be, damaging to this website;
- using this website in any way that impacts user access to this website;
- using this website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this website, or while using this website;
- using this website to engage in any unwarranted advertising or marketing;
Certain areas of this website are restricted from access by you and Operator Trading, LLC may further restrict access by you to any areas of this website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this website are confidential. It is your responsibility to maintain confidentiality of such information. Operator Trading, LLC cannot be held liable for any loss or damage of any kind that results from the mishandling of user IDs and passwords.
Purchases and Refunds
Through its website, Operator Trading, LLC offers individual products for sale and other periodic fee-based services. For individual products purchased through the website, a valid credit card is required to complete the purchase, and the amount of the purchase will be charged to the credit card concurrently with the completion of the purchase on the website. When you purchase an individual product, you will receive a streaming or digital version; no physical copies of products or other materials will be shipped or provided to you.
All payments made to Operator Trading, LLC in connection with any product purchased are non-refundable; and Operator Trading, LLC does not offer, and is not required to provide, any refunds or credits for any reason. There is no circumstance in which you will be entitled to, or Operator Trading, LLC is required to provide, a refund or credit for any reason.
All fees charged by Operator Trading, LLC in connection with any product purchased on the website are exclusive of any taxes, levies, or duties imposed by any taxing authority, and you shall be, and hereby are, responsible for the payment of all such taxes, levies, or duties arising from your purchase of products or use of the website.
The website and the all products of Operator Trading, LLC provide content and information solely for informational and educational purposes and do not constitute “investment advisory services” governed by the Investment Advisers Act of 1940. Operator Trading, LLC, directly or indirectly through its website or its products or services, does not engage in the business of advising as to the value of securities, the advisability of investing in, purchasing, or selling securities , or the issuance or promulgation of analyses or reports concerning securities. The content and information provided by Operator Trading, LLC, the website and the products and services of Operator Trading, LLC, is solely incidental to the business and activities of Operator Trading, LLC in providing educational services.
By agreeing to these terms of service, you agree that you are solely responsible for all decisions regarding your purchase and sale of securities, the suitability, profitability, or appropriateness for you of any security, investment, financial product, investment strategy, or other matter, and all other considerations related to your investments and investment strategies. Operator Trading, LLC does not and will not provide you with any legal, tax, estate planning, or accounting advice, or any advice regarding the suitability, profitability, or appropriateness for you of any security, investment, financial product, investment strategy or other matter. You understand, acknowledge and agree that Operator Trading, LLC employees are not authorized to give any such advice, and that you will neither solicit nor rely on any investment advice from any Operator Trading, LLC employee. Operator Trading, LLC recommends that persons desiring to trade or invest in securities do so cautiously and only in consultation with their professional, licensed, and qualified financial, legal, tax, estate planning, and accounting advisors.
Operator Trading, LLC is not registered as an investment adviser either with the U.S. Securities and Exchange Commission, any other federal or national governmental or regulatory authority, or any state securities governmental or regulatory authority, and the business and activities of Operator Trading, LLC do not require any such registration. No data, content, or information provided by Operator Trading, LLC, the website, or the other products and services of Operator Trading, LLC, is intended, and shall not constitute or be construed as, advice or any recommendation to buy or sell securities, an offer or solicitation of an offer to buy or sell securities, or an attempt to influence the purchase or sale of any security, or the adoption of any investment strategy.
Data, Content, and Information
Operator Trading, LLC cannot, and does not, independently verify, assess, or guarantee the validity, adequacy, timeliness, accuracy, or completeness of any data, content, or information, the suitability or profitability of any particular security or investment, or the potential value of any security, investment or informational source present within its website, products, or services. Operator Trading, LLC does not assume responsibility for, and does not guarantee the accuracy, currency, completeness, or usefulness of information, commentary, recommendations, advice, investment ideas, or other materials that may be accessed by you through Operator Trading, LLC’s website or through its products and services. This includes, without limitation, any forum, chatroom or other online conference, telecast or posting connected to the operations of Operator Trading, LLC. If you choose to rely on such information, you understand, acknowledge, and agree to do so solely at your own risk. You understand, acknowledge, and agree that the research, analysis, news, or other information made available through the website or the other products or services of Operator Trading, LLC is not investment advice and is in no way tailored to reflect any personal financial circumstances or investment objectives, and that the securities and investment strategies discussed may not be suitable for you.
Any forums and chatrooms that exist on the website or that operate on affiliate or host websites under the name Operator Trading, LLC are comprised of customers and members (including, without limitation, moderators who are in the employment of Operator Trading, LLC) posting content and information. All such information and content is for informational purposes only and does not constitute advice or a recommendation by Operator Trading, LLC to enter into any securities transactions or engage in any of the financial strategies reflected on or suggested in forum and chat rooms (whether such data, content, or information is posted by Operator Trading, LLC or otherwise). Customers and members may write about securities in which they have a financial or other interest, and performance data reflecting other customer’s or member’s holdings may include information about securities not held by Operator Trading, LLC, its directors, officers, employees, agents, or affiliates. As such, Operator Trading, LLC is not responsible for the accuracy of data, content, or information of any performance data in any forum or chat room; and the accuracy of data, content, or information of any performance data are not guaranteed, may not be current, and should not be relied upon. Nothing in any forum or chat room is intended as, nor should relied upon as investment advice provided by Operator Trading, LLC, its directors, officers, shareholders, employees, agents, or affiliates.
Operator Trading, LLC does not control, and does not endorse, any data, content, or information posted on forums or chat room on the website, or found on affiliate or host websites in connection to the operations of Operator Trading, LLC. You understand, acknowledge, and agree that your participation therein is at your own risk, and Operator Trading, LLC expressly disclaims responsibility for any such data, content, or information. Operator Trading, LLC has the right (but not the obligation) to review and take down any data, content, or information posted by members and customers alike. You understand, acknowledge, and agree that by accessing the forum or chat room on the website, you may be exposed to material that you deem to be offensive, indecent, obscene, or otherwise objectionable. Under no circumstances will you hold Operator Trading, LLC, its directors, officers, shareholders, employees, agents, or affiliates liable for any such content displayed or made available through the website or for any loss or damage of any kind incurred as a result of your use of the forum or chat room on the website.
Without limiting the generality of the foregoing, you understand, acknowledge, and agree that chat room moderators may call out or post both real and hypothetical trades and real and simulated or hypothetical returns for informational and educational purposes only. Moderator commentary consists of opinion and ideas only and does not constitute any recommendation whatsoever. You should not rely on such opinions and ideas which may not be complete or accurate. The website of Operator Trading, LLC and its products and services are available for informational and educational purposes only. None of the information contained in the website (which includes, without limitation, our alerts service and chat room) constitutes, or is intended to constitute, a recommendation by us of any particular security or trading strategy or a determination by us that any security or trading strategy is suitable for any specific person. We are publishers and educators only.
You understand, acknowledge, and agree that your actual results may differ from results experienced by moderators for many reasons, including, without limitation: performance results do not reflect actual trading commissions that you may incur; performance results do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect your results; the investments chosen may be volatile, and server or delivery delays, and other factors may cause the price you obtain to differ substantially from the price at the time of the alert; the prices of investments at the point in time you begin subscribing may be higher than such prices at the time such investments were chosen. You may not have the capital to trade as frequently as a moderator; the size and timing of your purchase or sale of a stock may affect the price of the stock, among other reasons.
You understand, acknowledge and agree that, for informational and teaching purposes only, trades may be called out, posted, or alerted, but not executed. You understand, acknowledge, and agree that moderators may sometimes purchase or sell securities sooner or later than called out, posted, or alerted. Moderators are also not required to disclose all trades, and their positions may be inconsistent with trades. Also, because some trades may not actually have been executed, results may have under or over-compensated for the impact, if any, of certain market factors, such as liquidity. Simulated or hypothetical trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. You understand, acknowledge, and agree that the website contains simulated or hypothetical trading programs and situations. No representation is being made that any account will, or is likely to, achieve profits or losses similar to these being shown.
You understand, acknowledge, and agree that Operator Trading, LLC and its directors, officers, shareholders, employees, agents, and affiliates have no obligation to notify you as to which trades and returns are real versus simulated or hypothetical, and that Operator Trading, LLC, and its directors, officers, shareholders, employees, agents, and affiliates do not verify moderator trade records or maintain records of moderator trades and results, and that moderators have no obligation to provide Operator Trading, LLC any data.
Through the use of Operator Trading, LLC’s website, its products, and services, you expressly contract and consent to the operations of Operator Trading, LLC (including the moderator actions and omissions discussed above) and release Operator Trading, LLC, and its directors, officers, shareholders, employees, agents, and affiliates from any liability, claim, loss, cost, expense, and any other damages arising from, or relating to, moderator statements (written or oral), actions, and omissions, including real, simulated, or hypothetical trades and results. Trading in any security can result in immediate and substantial losses of the money invested. You should only invest funds that are not allocated for other purposes, including, but not limited to retirement savings, student loans, mortgages, education, or debt reduction, and that you can afford to lose.
U.S. Government Required Disclaimer – Commodity Futures Trading Commission. Futures and options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don’t trade with money you can’t afford to lose. This website is neither a solicitation nor an offer to Buy/Sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this website. The past performance of any trading system or methodology is not necessarily indicative of future results.
CFTC RULE 4.41 – HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY, SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.
Options are not suitable for all investors as the special risks inherent to options trading my expose investors to potentially rapid and substantial losses. Please read Characteristics and Risks of Standardized Options before investing in options.