By accessing or using the www.optionist.com website (the “Site”), you acknowledge and agree to the disclaimers and terms and conditions (“Terms”) set forth below. Please ensure that you (referred to as the “User”, “you” or “your” in these Terms) read these Terms with care. If you do not agree to these Terms, you should not use the Site.
These Terms apply to your use of the Site, which is operated and owned by Ninth Port Limited, an UK company located at 24 Nicholas Street,Chester, CH1 2AU, United Kingdom (“Ninth Port Ltd ”, “We”, and/or “Us”).
We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms at any time by posting the revisions on the Site. You should check these Terms periodically for changes as by using the Site after we post any changes to these Terms, you are agreeing to accept those changes, whether or not you have reviewed them, and you waive any right you may have to receive individualized notice of such changes. By using the Site, whether as an unregistered user or a registered user, you agree to be legally bound by these Terms just as if you had signed this agreement.
These Terms may be supplemented and/or amended by additional terms and conditions pertaining to specific content and/or services available on, or through, the Site. In particular contracts for the supply of goods, services or information formed through our Site or as a result of visits made by you to this Site will be governed by our terms and conditions of supply.
From time to time, access to some parts of the Site, or the entire Site, may be restricted to registered users and further terms and conditions shall apply to such registered users, which the User will be asked to accept within the relevant pages.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your Internet connection are aware of these Terms, and that they comply with them.
NO INVESTMENT RECOMMENDATIONS OR ADVICE; RELIANCE ON INFORMATION
The services and the information available on or through this Site are only for your general information and use and are not intended to address your particular requirements. In particular, the investment information, content and materials on this Site (the “Investment Information”) is in the nature of general investment research and data and is for general informational purposes only. The Investment Information is not personalised for you or any other recipient, does not constitute any form of advice or recommendation or investment advice by us or other users and is not and should not be considered to be an individualized investment recommendation. Such information is not intended to be relied upon by you in making (or refraining to make) any specific investment or other decisions. Appropriate expert independent advice should be obtained before making any such decision. You bear all risks from any use or results of using any services and/or information on this Site. Nothing contained in the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security or other investment instrument.
There are risks inherent in investing in the stock market and in stock market instruments. It is your responsibility to assess these risks in the light of your financial circumstances and investment requirements and in consultation with your investment adviser. It is also your responsibility to assess the merits and risks of the strategies provided by Ninth Port Ltd and to assess the different stocks that may satisfy the relevant criteria in deciding whether to invest in particular stocks / instruments or not. Ninth Port Ltd cannot and will not guarantee or represent that any investment strategy or investment will produce a positive result. The value of investments may rise as well as fall. Past performance is not a guide to future performance. Options involve risk and are not suitable for all investors. See the Options Disclosure Document: Characteristics and Risks of Standardized Options.
The Investment Information on the Site is provided “AS IS” without warranty of any kind. Ninth Port Ltd IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING, THE ACCURACY, COMPLETENESS, QUALITY, RELIABILITY OR USEFULNESS OF ANY INVESTMENT INFORMATION OR THE RESULTS OBTAINED FROM ANY INVESTMENT INFORMATION. The materials on, or provided through, the Site may not be suitable for everyone, and you alone are solely responsible for determining whether any investment or any other product or service is appropriate or suitable for you, based on your investment objectives and personal and financial situation. You should consult an independent financial advisor, attorney or tax professional regarding your specific investment, legal or tax situation.
ACCEPTABLE USE OF THE SITE
It is impossible to provide an exhaustive list of exactly what constitutes acceptable and unacceptable use of this Site. In general, Ninth Port Ltd will not tolerate, and you agree not to engage in, any use of the Site which damages or is likely to damage our reputation or the availability or integrity of the Site, which causes harm of any kind to Ninth Port Ltd or its users or which causes us or threatens to cause us to incur any legal, tax, financial, regulatory or other liability (“Misuse”). We therefore request you to treat our Site with respect, and you agree not to use the Site for any illegal or improper purpose, or in such a way as to infringe or breach other’s rights or to cause or threaten to cause damage or harm to Ninth Port Ltd or its users (which shall also constitute Misuse). Without limiting any of the foregoing, you agree not to use the Site or cause or permit the Site to be used:
- to jeopardise or prejudice the operation, quality or integrity of the Site, or the operation, quality or integrity of any telecommunications network;
- to harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- for any commercial purpose including any direct marketing, surveys, contests or pyramid schemes, nor to use the Site to participate in or cause others to participate in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages, advertising or promotional material;
- to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, or any other harmful or detrimental programs;
- to stalk or harass anyone or to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- to attack the Site via a denial-of-service attack; or contrary to the terms and conditions of any Internet Service Provider you may use.
We also ask you to comply with any relevant notices, policies and terms imposed by third parties whose website, products or services you access through the Site.
We reserve the right to suspend the use of the Site generally or block your access to all or any part of the Site and/or to suspend or terminate your rights to use the Site or any part of it at any time and for any reason (or for no reason) including if we suspect Misuse. We reserve the right to report any Misuse of the Site to the relevant enforcement or other authorities and to our legal advisers. We further reserve the right to disclose any evidence we have which relates directly or indirectly to Misuse of this Site.
If any material on this Site, or your use of this Site, is contrary to the laws of the jurisdiction in which you are located then this Site is not intended for your use and we ask that you do not use this Site. You are responsible for compliance with the laws of the jurisdiction in which you are located.
All materials incorporated in or accessible through the Site, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, tools, data, information, and all other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of the Site) (the “Site Materials”), are protected by Irish and international copyright laws, and are owned, controlled or licensed by Ninth Port Ltd ,. All such rights are reserved. Such Site Materials may be used only for viewing the Site in the ordinary course or as a resource for availing of the services offered through the Site. Any other use of the Site or the Site Materials, including any copying, reproduction, modification, sale, distribution, extraction, scraping, data mining, re-utilisation, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited.
“ Ninth Port Ltd ”, and any other company, product or service name, logo or slogan contained in the Site (the “Marks”), are trademarks of Ninth Port Ltd or its suppliers, publishers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Ninth Port Ltd or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing such marks without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of Ninth Port Ltd and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes, companies or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
All Site Materials contained in and published on the Site by Ninth Port Ltd or posted by our users are intended for the non-commercial use of the User. Subject to these Terms, we grant you a non-exclusive, non-transferable, limited license to access and use the Site and any publicly available Site Materials displayed thereon, except where such use is otherwise prohibited or restricted. However, no rights, title, or interest in any such Site Materials will be granted or transferred to you as a result of any permitted use of such Site Materials. Except where expressly prohibited, you may print off one copy, and may download extracts, of any publicly available page(s) from the Site for your personal reference and you may draw the attention of others to material posted on the Site. You must not modify the paper or digital copies of any Site Materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and/or that of any identified contributors) as the authors of material on the Site must always be acknowledged. You must not use any part of the Site Materials on the Site for commercial purposes without obtaining a licence to do so from Ninth Port Ltd or our licensors. If you use the Site, the Site Materials or the Marks other than as specifically authorized herein, without the prior written permission of Ninth Port Ltd , you are in breach of these Terms, and your right to use the Site will cease immediately. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. You must, at our option, return or destroy any copies of the materials you have made. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
THIRD PARTY MATERIALS
Ninth Port Ltd may provide, or may provide access or links to, third party information, content, products, services or other materials on or through the Site (collectively the “Third Party Materials”) as a service to those interested in such Third Party Materials. Ninth Port Ltd does not screen, approve, monitor or have any control over any Third Party Materials and is not responsible or liable for such Third Party Materials in any manner or for any harm caused thereby. You will be solely responsible for any harm, including any damage to your computer system or loss of data, that results from the use or download of any Third Party Materials. ALL THIRD PARTY MATERIALS ARE PROVIDED ON AN “AS-IS” BASIS WITH ALL FAULTS. Ninth Port Ltd does not endorse or adopt any Third Party Materials and can make no guarantee as to the quality, accuracy, completeness, reliability, safety, timeliness or appropriateness of such Third Party Materials. Ninth Port Ltd does not make any representations or warranties of any kind regarding the Third Party Materials and undertakes no responsibility to update or review any Third Party Materials. Users use such Third Party Materials at their own risk.
The Site may include discussion forums, chat rooms, user generated content or other interactive areas or services (the “Interactive Areas”) in which you or other users create, post or store content, messages, materials, data, information, text, or other items or materials on the Site (the “User Content”). You are solely responsible for all User Content you post to the Site, and you agree that all such User Content will comply with the user conduct rules described in the “Acceptable Use of the Site” section of these Terms. Without limiting the foregoing, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:
User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
User content or information which contains any form of individualized personal investment recommendation which constitutes investment advice from you to other users; or
User Content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site.
Ninth Port Ltd takes no responsibility and assumes no liability for any User Content or for any loss or damage thereto, nor is Ninth Port Ltd liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Ninth Port Ltd is not liable for any statements, representations or User Content provided by its users on the Site.
Although Ninth Port Ltd has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Ninth Port Ltd reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your right to use the Interactive Areas and/or the Site.
Except to the extent covered by a separate written agreement between you and Ninth Port Ltd , if you post User Content to the Site, you grant Ninth Port Ltd and its affiliates a nonexclusive, royalty-free, perpetual, worldwide irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media on or in connection with the Site. You grant Ninth Port Ltd and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
REGISTRATION DATA; ACCOUNT SECURITY
Certain features of the Site may require that you register before accessing such features. If you register, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Ninth Port Ltd , to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Ninth Port Ltd .
DISCLAIMERS OF WARRANTIES
We do not warrant that the Site will be continuously available, or that your use of the Site will be uninterrupted or error-free, or that the Site and server will be free from attack.
THIS SITE, THE SITE MATERIALS (INCLUDING ALL USER CONTENT AS DEFINED ABOVE) AND ALL PRODUCTS AND SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE ARE PROVIDED ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Ninth Port Ltd DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AS TO THE SITE, THE SITE MATERIALS AND ALL PRODUCTS AND SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE. NEITHER Ninth Port Ltd , NOR ANY OF OUR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE SITE OR ANY FUNCTION CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. Ninth Port Ltd DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE MATERIALS OR ANY THIRD-PARTY SITE ACCESSED THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
WE DO NOT WARRANT THAT THE SERVICES OR INFORMATION PROVIDED ON OR THROUGH THIS SITE WILL BE CORRECT, COMPLETE, ACCURATE, ADEQUATE, UP-TO-DATE OR FIT FOR ANY PARTICULAR PURPOSE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS. YOU ARE RESPONSIBLE FOR VALIDATING THE INTEGRITY OF ANY INFORMATION RECEIVED OVER THE INTERNET.
These disclaimers apply to the fullest extent permitted by law.
Parts of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. Ninth Port Ltd will not be responsible for any error or inaccuracy in advertising materials.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT (TO THE FULLEST EXTENT PERMITTED BY LAW) Ninth Port Ltd AND ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER (WHETHER DIRECT OR INDIRECT), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONTRACTS, INCOME OR REVENUE, GOODWILL, ANTICIPATED SAVINGS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SITE; (B) THE USE OF, INABILITY TO USE, OR RELIANCE UPON ANY CONTENT OR OTHER SITE MATERIALS ON OR OFFERED THROUGH THE SITE OR ANY WEBSITE OR WEBSITES LINKED TO THE SITE; (C) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR € ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Ninth Port Ltd , WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE SITE MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, DIRECTLY TO Ninth Port Ltd IN CONNECTION WITH THE SITE AND THE SITE MATERIALS.
The foregoing does not affect our liability for death or personal injury arising from our negligence, our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is the discontinuation of your use of this Site.
The Site contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Ninth Port Ltd of the content on such third party websites. Ninth Port Ltd is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk and in accordance with the prevailing terms and conditions of such third party sites.
Ninth Port Ltd generally welcomes the hyper-linking to the Site from other appropriate websites provided such links are to the Site’s homepage (and no deeper within the Site) and provided we give our consent to the establishment of such links. Notwithstanding the foregoing, we reserve the absolute right to refuse to consent to such links without giving reasons. Other than to the Site’s homepage, written permission is required for links to pages within the Site. Any links to the Site from another website must be presented in such a manner that the viewing of the Site is not impaired by framing or similar techniques that may impair the visitor’s user experience.
The Site has been created and is controlled by Ninth Port Ltd Limited in United Kingdom. These Terms will be governed by, and construed and enforced in accordance with, the laws of United Kingdom. You hereby unconditionally and irrevocably submit to the exclusive jurisdiction of the courts of United Kingdom. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Ninth Port Ltd reserves the right, without notice and in its sole discretion with or without cause, to terminate the Site or to suspend or terminate your ability to use the Site, and to block or prevent future your access to and use of the Site.
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Our failure to exercise or delay in exercising a right or remedy provided by these Terms or by law does not constitute a waiver of those or any other rights or remedies.
These Terms and the rights and obligations contained herein are personal to you and may not be assigned, licensed or transferred by you. We reserve the right to assign or transfer our rights and obligations under these Terms.
If for any reason you wish to contact us, we can be reached at our contact page.
Thank you for visiting the Site.