TERMS OF USE

These Terms of Use (the “Terms”) govern your access to and use of websites, applications, and services (free and/or paid) and the content included on such websites, applications, and services (collectively, the “Services”) that Smart Option Seller, LLC (“Company” or “us” or “we”) provides and that are linked to these Terms.  IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICES.

These Terms govern use of the Services

  1. Use of Services.  These Terms, which incorporate our Privacy Policy, constitute a legally-binding agreement between Company and you. By using the Services you agree to be bound by and comply with these Terms.  You may use the Services only in compliance with these Terms.  We do not intend the Services by you if you are under 13 years of age. By agreeing to these Terms, you are promising and representing to us that you are at least 13 years old.

  2. Services Ownership.  The Services and all associated content (including any derivatives of or enhancements to the same), and all intellectual property rights to the same (including trademarks, service marks, trade names, trade dress), that appear in connection with the Services, are owned by or licensed to Company.

  3. License.  Company grants you a revocable right to use the Services solely in accordance with these Terms.  The Company is licensing, not selling, the Services to you and only for use under the Terms. You do not acquire any right, title or interest in or to the Services or any associated content other than the limited license granted to you by these Terms. Any rights not expressly granted to you in these Terms are expressly reserved.

  4. Pricing.  Prices are subject to change without notice.  We do not guarantee pricing unless and until you purchase a subscription.

  5. Privacy Policy.  Any information you provide to us is subject to our Privacy Policy, which is incorporated into these Terms and governs our collection and use of your information. By using the Services you consent to the collection and use of this information as provided by our Privacy Policy.

  6. Account Information.  You agree to provide true, accurate and complete registration information, and you will promptly provide an update if any of this information changes.  You are solely responsible for safeguarding and maintaining the confidentiality of your login ID and password.  You may not resell, assign, distribute, transfer or otherwise provide your subscription, your login ID or password to any third party.  You are responsible for any activity conducted under your account.  You must immediately notify Company of any unauthorized use of your account.

  7. Prohibited Conduct.  You may not and shall not use the Services for any type of inappropriate use.  Company has the right to determine whether any particular use constitutes inappropriate use of the Services.  The following are examples (although not a complete list) of inappropriate uses that are prohibited:

    1. Transmitting or otherwise providing any harmful or objectionable content using the Services, including content that (i) violates or infringes in any way upon the rights of others, such as any copyright, trademark, patent, trade secret, moral right, or other proprietary right of any person or entity, (ii) impersonates another or is fraudulent, unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, abusive, or otherwise reasonably objectionable, or (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. 

    2. Uploading spyware or any other malicious software to the Services. 

    3. Using the Services in a manner harmful to Company or any third party.

    4. Using the Services in any way that violates any applicable laws, rules, or regulations.

    5. Taking any action that imposes an unreasonable or disproportionately large load on the Services infrastructure or that otherwise adversely affects performance of the Services.

    6. Using the Services for unauthorized framing of or linking to, or access via automated devices, bots, agents, scraping scripts, intelligent search or any similar means of access to the Services or any other materials or information available from the Services.

    7. Engaging in any other action that, in the judgment of Company, exposes it or any third party to potential liability or detriment of any type.

  8. Third-Party Websites.  We may provide links to third-party websites for your convenience and reference only. We have no control of these sites, and we are not responsible for their content. We do not endorse, and are not responsible in any way for, any content on these sites and we expressly disclaim any endorsement or responsibility for such content.  When you travel from the Services to another website, whether through links provided on the Service or otherwise, you will be subject to the privacy policies (or lack thereof) of these sites. We caution you to use good judgment and to assess the privacy policy of these sites before you provide any personal information.

  9. Disclaimer

    1. All opinions, recommendations and content published by Company are solely for informational and educational purposes, and should not be considered personalized investment advice.  Your use of any investment ideas provided by Company is your responsibility and you should use those ideas only after consulting with your investment advisor and reviewing the public filings and financial statements of companies you are considering for investment.  We do not receive any compensation from companies we write about.

    2. By opting in to receive website information and/or accepting a subscription to any of The Smart Option Seller newsletters, you acknowledge that all ideas discussed in the free material and newsletters are solely for informational and educational purposes and you agree to indemnify, defend and hold harmless Company and all Company employees and representatives for any investment losses suffered by you arising from ideas discussed or recommendations made in the Smart Options Seller website or newsletters.  You should not make any investment decision based solely on what you read in The Smart Option Seller website or newsletters.  The information provided is obtained from sources that we believe to be reliable, but we do not guarantee the accuracy or completeness of any such information. We are not liable for any losses suffered by you as a subscriber.  Please plan accordingly.

    3. We expressly forbid our writers from having a financial interest in any security they personally recommend to our readers. All of our employees and agents must wait 24 hours after on-line publication or 72 hours after the mailing of a printed-only publication prior to following an initial recommendation.

    4. Company is not a broker, dealer or investment adviser. In addition, our employees may answer your general customer service questions but they are not licensed under securities laws to address your particular investment situation. No communication by our employees to you should be deemed as personalized investment advice.

  10. No Representations and Warranties.  YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR OWN RISK.  THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, FOR USE BY YOU AT YOUR OWN RISK WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND.  WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS OFFICERS, MEMBERS, MANAGERS, AFFILIATES, SUCCESSORS, ASSIGNS, AGENTS AND REPRESENTATIVES (COLLECTIVELY, THE “COMPANY PARTIES”) DISCLAIM ANY AND ALL WARRANTIES (1) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE CERTAIN RESULTS; (2) CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR COMPLETENESS OF THE  SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES; (3) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE FOR THE SERVICES.

  11. Waiver.  TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY OR THE COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT COMPANY OR THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SERVICES.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.

  12. Liability.  UNDER NO CIRCUMSTANCES SHALL COMPANY OR THE COMPANY PARTIES BE LIABLE TO YOU (A) FOR AN AMOUNT IN EXCESS OF FEES PAID BY YOU TO COMPANY DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CAUSE OF ACTION AROSE; OR (B) ANY INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE ANY SERVICES.  THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES OF ANY KIND.  THE ALLOCATION OF RISK SET FORTH IN THESE TERMS IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY.  YOU AGREE THAT YOU MAY ONLY COMMENCE A CAUSE OF ACTION RELATED TO THE SERVICES WITHIN ONE (1) YEAR OF SUCH ACTION ACCRUING, AND ANY ATTEMPT TO BRING SUCH AN ACTION AFTER SUCH ONE (1) YEAR PERIOD IS BARRED.  Some jurisdictions do not permit limitations of liability and in those jurisdictions some of the foregoing limitations may not apply to you. The limitations in these Terms shall apply to the fullest extent permitted by law.

  13. Indemnification.  You agree to indemnify and hold harmless Company and the Company Parties from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) brought by third-parties arising out of, related to, or that may arise in connection with any actual or alleged violation or breach of any of the representations, warranties, agreements or promises made by you in these Terms or based on your use of the Services.

  14. Modification.  Company may modify these Terms.  You should review the Terms regularly.  Company will post notice of modifications to these Terms on the Services.  If you do not agree to the modified terms for the Services, you should discontinue your use of the Services.

  15. Arbitration

    1. You and Company each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents or information and the proposed resolution. You agree to contact us with disputes by contacting us at support@smartoptionseller.com. We will contact you based on the contact information you have provided us.

    2. If you and Company DO not resolve any dispute after 30 days, the party seeking to pursue a claim will submit the claim to arbitration consistent with this section. The parties understand that they will have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.

    3. Any claim or dispute between you and Company, and any claim by either against any agent, employee, successor, or assign of the other, including third parties, whether related to these Terms or otherwise, including past, present, and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedures and other information, including information on fees, may be obtained from JAMS' website (www.jamsadr.com) or by calling JAMS at 949-224-1810.

    4. Either You or Company may bring applicable claims in small claims court. Also, you and Company each agree that any arbitration will be solely between you and us, not as part of a classwide claim. If any court or arbitrator determines that this classwide restriction is unconscionable or unenforceable, then our agreement to arbitrate does not apply and the classwide dispute must be brought in court.

    5. Nothing in this Section 15 will limit Company’s ability to seek equitable relief in any court of competent jurisdiction.

  16. Class Action Waiver.  TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AND COMPANY EACH WAIVE ANY RIGHT TO PURSUE A DISPUTE ON A CLASSWIDE BASIS, INCLUDING BY JOINING A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR TO ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR PROCEEDING.

  17. Jury Trial Waiver.  TO THE EXTENT ALLOWED BY LAW, YOU AND COMPANY EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

  18. Governing Law; Venue.  These Terms and the use of the Services will be governed by Ohio law without regard for its conflict of laws principles.  For any claims not subject to the arbitration provisions of these Terms, all claims arising out of relating to these Terms or the Services, except as set forth in this Terms, must be litigated in the state or federal courts located in Cleveland, Ohio and you and Company consent to the personal jurisdiction of such courts.

  19. No Third-Party Beneficiaries.  These Terms do not create any third-party beneficiary rights.

  20. Force Majeure.  Company will not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances, such as acts of nature, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (including without limitation internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor, or materials.

  21. Complete Agreement.  These Terms constitute the entire and exclusive agreement between you and Company with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services.  The headers for these Terms are for convenience only and will not affect the interpretation of these Terms.  If a provision of these Terms is found unenforceable the remaining provisions will remain in full force and effect, and an enforceable term will be substituted reflecting our intent as closely as possible.

  22. Assignment.  Company may assign any of its rights under these Terms to an affiliate or to any successor in interest to the business of Company.  You may not assign your rights under these Terms and any such purported assignment is void.

  23. Waiver of Terms.  The failure of Company to enforce these Terms for any period of time does not constitute a waiver of its right to enforce these Terms.

THE SMART OPTION SELLER

©2016-2020 Smart Option Seller                Lee Lowell