Last Updated: September 23, 2021
This Agreement (this “Agreement”) governs the use of the products, services, content and any functionality made available by Olive Advisors Inc. (the “Company,” “we,” “our,” or “us”) on or in connection with our website or mobile application (the “Services”). This Agreement represents the whole agreement and understanding between us and any person or user that accesses or utilizes the Content and/or the Services (“User,” “Visitor” or “you”).
We may terminate your right to access or use the Services at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that we believe is harmful to our business, or for conduct where your use of the Services is harmful to any other party. This Agreement contains a dispute resolution and all disputes will be resolved by binding arbitration to the fullest extent permitted by applicable law.
We may, in our sole discretion, change or modify this Agreement at any time, with or without notice. You are responsible to read this document from time to time to ensure that your use of the Services remains in compliance with this Agreement. If you do not agree to these conditions then you should not access or use the Services.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
We may include or make available certain content or information to you as part of the Services (the “Content”). The Content may include, without limitation: (i) account positions, balances, transactions, confirmations and order history; (ii) commentary, research reports, educational material and information and data concerning the financial markets, securities and other subjects; (iii) market data such as quotations for securities transactions and/or last sale information for completed securities transactions reported in accordance with federal securities regulations (“Market Data”); (iv) financial and investment interactive tools, such as alerts or calculators; and (v) other information, content, services, or software relevant to the Services. Certain Content is furnished by third parties as discussed herein.
The Services and Content are for educational and informational purposes only and you should not rely on the Content or Services in making any investment. Market Data is provided by a third party and may be delayed by 20 minutes or longer.
NOT LEGAL OR FINANCIAL ADVICE
The Company and its affiliates, subsidiaries, employees, shareholders, officers, directors, other personnel, representatives, agents or independent contractors (collectively, “Company Persons”) do not hold themselves out to be attorneys, accountants, financial advisors, or investment advisors, nor does any Content or other Services constitute legal, accounting, investing or other professional advice to you. You acknowledge and agree that the Content and Services are not intended to be a substitute for the legal, accounting, financial investing or other professional advice that can be provided by your own professional advisors.
The Company makes no representations or warranties with respect to the present or future value or suitability of any transaction for you. You should always check with your financial, investment, legal, tax and/or other professional advisors to determine the suitability of any investment.
You agree that the information you provide to us on or through the Services will be accurate. You acknowledge that you are voluntarily using the Services and that you are solely and personally responsible for your choices, actions and results in connection with that use. You accept full responsibility for the consequences of your use, or non-use, of any Content or this Services, and you agree to use your own judgment and due diligence in connection with your use of any Content or this Services.
You acknowledge and agree that the Company cannot and does not guarantee that you will attain a particular result, financial or otherwise, through your access of or use of the Content and the Services.
You and acknowledge and agree:
The risk of loss in trading securities, including options, can be substantial. You agree to consider all relevant risk factors before engaging in any options trading. You should not invest money that you cannot afford to lose. If you have any questions or concerns regarding the risks associated with trading, you should speak with a trusted and reliable independent financial advisor. None of the Content or the Services provided by the Company constitutes a solicitation to trade any investment or security of any kind.
Options can be volatile and are priced according to complex factors such as (but not limited to) the volatility of the underlying asset, time until expiration, and interests rates. Therefore trading options can involve a high degree of financial risk. Risks associated with acquiring options include (without limitation): (i) the risk that losing your entire investment increases as the option goes out of the money and as expiration approaches; (ii) the risk that certain options may not have robust secondary markets on which to sell them, meaning that their value can only be realized upon expiration; (iii) U.S. or other regulatory agencies may impose regulations or rules that impair your ability to realize value from options; and (iv) the risk of losing your entire investment in a relatively short period of time.
General Economic and Market Conditions
The option market will be affected by general economic and market conditions, as well as by changes in laws, currency exchange controls, and international, national and regional political and socioeconomic circumstances. The option market may be sensitive to general downward swings in the overall economy or in particular industries or geographies. Factors affecting economic conditions, including, for example, inflation rates, currency devaluation, exchange rate fluctuations, industry conditions, competition, technological developments, domestic and worldwide political, military and diplomatic events and trends and innumerable other factors outside of your control and that of the Company, which can materially and adversely affect the availability or desirability of segments of the options market.
The trading of options can impose tax burdens and tax filing obligations on trade participants. Such considerations are complex and personal to each User. You should consult with your tax advisors with respect to your tax situation and the effect of engaging in option trading.
Past Results Are No Guarantee of Future Performance
There can be no assurance as to any particular financial outcome based on the use of the Services. Past results of any individual trader or trading system published by the Company are not indicative of future returns that may be realized by that individual trader, trading system, or you. Similarly, it should not be assumed that the methods, techniques, or indicators presented in the Services will be profitable or that they will not result in losses.
Any trade scenarios or examples shown in the Content or through the Services are only estimates of what might be possible now or in the future, and are provided only for informational and educational purposes.
No Assurance of Investment Return
The Company cannot provide assurance that you will be able to choose, make and realize trades in options in any particular company or portfolio of companies. There is no assurance that you will be able to generate returns or that the returns will be commensurate with the risks of investing in options generally, or that you will receive a return of principal. Trading in options should only be considered by persons who can afford a loss of their entire investment.
No Investment Advice
Although the Content and the Services may contain general, academic or educational discussions of securities, such discussions are not solicitations of any kind nor a recommendation to buy or sell a particular financial security or product. Such discussions are not, and should not be construed to be, investment advice under any circumstances. Accordingly, you should not rely solely on the Content or the Services in making any investment. The Company strongly recommends that you seek the advice of your licensed financial, investment, tax, legal or other professional advisor to determine the suitability of any specific investment.
No Legal, Accounting, or Financial Advice
The Content and the Services are not intended to be perceived as, or relied upon, as legal, accounting, or financial advice. The Company is not a law firm, accounting firm, or financial advisory firm and does not provide legal, accounting, or financial advice. The information provided through the Content and the Services is not intended to be a substitute for the professional advice that can be provided by your own accountant, lawyer, or financial advisor.
Insights and Representative Experiences
While the Content and the Services may present potential real-world outcomes, experiences, and insights about representative trade experiences, such experiences are provided for the purposes of illustration only as of the date they are provided. Use of the Services and any Content generated is subject to change as market conditions change.
Assumption of Risk
As with all situations, unknown individual risks and circumstances can arise during use of the Content and the Services that cannot be foreseen and that can influence or reduce results. You recognize and agree that any mention of any suggestion or recommendation contained, or that you believe to be contained, in the Content or the Services is to be taken at your own sole risk, with no liability on the Company or any Company Person’s part.
The Company does not guarantee that your access to the Content and the Services will not be suspended or restricted from time to time, including (without limitation) to allow for repairs, maintenance or updates or through circumstances outside the Company’s reasonable control. To the fullest extent permitted by law, we will be not be liable to you for damages, or for any other recourse, should any Content or the Services become unavailable or should access to the them becomes slow or incomplete for any reason, such as (without limitations) system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the Content or the Services inaccessible to you.
References or links in the Content and the Services to the information, opinions, advice, programs, products or services of any other business or entity do not constitute a formal endorsement by the Company of such other person. The Company is not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any other person, business or entity that may be linked or referenced in my Services. Conversely, should the Content or a Services link appear in any other individual’s, business’s or entity’s website, product or services, such appearance does not constitute the Company’s endorsement of them, their business or their website.
Links to Other Services; Third-Party Content and Services
The Services or Content may utilize data or provide links to other websites maintained by third parties. Third party data and links are provided for your convenience and the inclusion of any data or link in the Content or Services to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. If you link to a third party website you do so at your own risk. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of any linked websites to confirm that you understand and agree with those policies.
INTELLECTUAL PROPERTY RIGHTS
Our Limited License to You. The Company’s Content and the Services are the property of the Company and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
The Content and the Services is solely owned by or licensed to us, unless otherwise indicated. This includes, but is not limited to, the design, layout, look, appearance, graphics of the Content or Services or any other material or aspects of materials provided by us to you. Reproduction is strictly prohibited other than in accordance with this Agreement. For the avoidance of doubt, all Content obtained through us is our property, and you are granted a revocable, non-exclusive, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use the Content or the Services in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.
You are not permitted to reverse engineer any of the Services or Content, or share, sell, reprint or republish any other of our Content. Any trademarks, taglines, and logos displayed on the Content are trademarks belonging to us and may not be used by you for any reason without our express written permission.
You have no obligation to provide us with ideas, suggestions, or proposals (collectively, “Feedback”) related to the Services or our Content. However, if you submit Feedback to us then you grant us a worldwide, royalty-free license that is sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, or publicly perform the Feedback in any manner without any obligation, royalty or restriction.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Personal Responsibility and Assumption of Risk
You agree that you are using your own judgment in using the Content or Services and you agree that you are doing so at your own risk. The Content or Services are for informational and educational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to the Content or Services. The Content or Services are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of the Content or Services.
Your Conduct. You are agreeing that you will not use the Content or Services in any way that causes or is likely to cause them, or access to them, to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from you to this Services, any Content or us.
You must use the Content or Services for lawful purposes only. You agree that you will not use the Content or Services in any of the following ways:
• For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity;
• To send, negatively impact, or infect the Content or Services with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware;
• To impersonate any third party; or
• To reproduce, duplicate, copy or resell any part of the Content or Services in a way that is not in compliance with this Agreement or any other agreement with us.
Communication Guidelines. If you have a question or concern about the Content or the Services, you may send an e-mail to firstname.lastname@example.org and we will use commercially reasonable efforts to reply to your question or concern promptly.
THE COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATED TO THE PERFORMANCE, ACCURACY, OPERATION OR CONTENTS OF ITS WEBSITE OR THE CONTENT (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON OR THROUGH THE WEBSITE). TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE INFORMATION AND THE WEBSITE ARE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
INDEMNIFICATION, RELEASE OF CLAIMS, LIMITED LIABILITY AND DISPUTE RESOLUTION
You agree at all times to defend, indemnify and hold harmless the Company, as well as any and all Company Persons, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to the Content or Services, or your breach of any obligation, warranty, representation or covenant set forth in this Agreement or in any other agreement with us.
Release of Claims
By accessing or using the Services or the Content, you hereby fully and completely hold harmless, indemnify and release the Company and each of the Company Persons, and anyone otherwise affiliated with the Company’s business, from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present or future that is in any way related to the Content or the Services.
Limitation of Liability
We will not be held responsible or liable in any way for the information, products or Content that you request or receive via the Services or in connection with the Content. We do not assume liability for any third parties or any other business entity or person who may provide any Content or assist in providing the Services. The Company is not responsible for any damages, injury or economic loss arising from the use of the Content or by any third party on the Services.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY COMPANY PERSON BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SERVICES OR CONTENT. ADDITIONALLY, COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED $100.
Generally. In the interest of resolving disputes in the most expedient and cost-effective manner, you and Company agree that every dispute arising in connection with these Terms or the Services will be resolved by binding arbitration, to the fullest extent permitted under applicable law. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms or the use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms or any use of the Service. YOU UNDERSTAND AND AGREE THAT, BY USING THE SERVICES, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
Exceptions. Despite the provisions above, nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of you, or Company to: (i) seek injunctive relief in a court of law; or (ii) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. To the fullest extent permitted under applicable law, any arbitration related to this Agreement will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org or by calling the AAA at 1-800- 778-7879.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Company’s address for Notice is: Olive Advisors Inc., 31 Hudson Yards, Floor 11, New York, NY 10001. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Company must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
Fees. Any arbitration hearing will take place at a location to be agreed upon in New York, New York, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage the Company, any Company Person, or any of its programs, products or services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
If any terms of these foregoing arbitration terms are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions shall not be affected and shall remain in full force and effect. This Agreement shall bind and inure to the benefit of your and our respective successors and assigns. This Agreement is freely assignable by us, but any transfer, assignment or delegation by you, without our prior written consent, is invalid. This Agreement constitutes the entire agreement between the parties with respect to its relationship and supersede all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. No waiver of any of the provisions shall bind either party unless set forth in a writing specifying such waiver, consent or amendment signed by both parties. The headings of this Agreement are provided for convenience only and shall not affect its construction or interpretation.
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