Terms of Service for Using OptionsGain.com

1. Acceptance of Terms of Service

By continuing to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of service, which may be updated by us from time to time without notice to you. These terms of service, together with our privacy policy, govern the Web Site.

2. Description of Service

The Web Site is not a Broker, or a provider of Broker Services. We advertise and review selected Brokers for advertising and informational purposes only. Brokers presented on the Web Site are not to our knowledge operated within the United States of America or any other jurisdiction where the operation of a Broker may be illegal. It is the responsibility of those Brokers to check with their local jurisdictions to ensure that their Broker Services are operating legally.

The Web Site makes no representations or warranties of any kind as to (a) the accuracy, currency, reliability or completeness of any information, text, graphics, links, or other items contained at this Web Site; (b) the merchantability, fitness for use, title and/or non-infringement of any or all of the products or promotions offered by third parties; or (c) computer viruses, bugs, errors or defects in any software or services provided by ourselves or third parties which cause any damage to your computing device or other personal property. All information contained at this Web Site is provided “as is” and without warranty of any kind.

By visiting this Web Site and the Brokers listed thereon, you confirm you understand, that it is possible to lose some or all of the monies deposited and wagered at these Brokers, and that you cannot and will not hold the Web Site responsible for such losses caused by the use of Broker Services or losses caused by accessing of a Broker published or contained on the Web Site. Any losses incurred as a result of your trading at a Broker listed on the Web Site are not the responsibility of the Web Site or its affiliated companies, contractors or suppliers.

3. Your Obligations

Web sites and links listed on the Web Site are likely to change their promotions, rules and regulations on a regular basis. Individual Brokers can, and often will, cancel a promotion without prior notice. The Web Site recommends that you check the rules and restrictions on the Broker before trading on that site.

The Web Site recommends that you check with current laws in your area before trading at a Broker. Broker Services must be legal in your town, state, providence, and country of residence, and you must be of legal age to gamble, make wagers or trade, and you must pay applicable taxes in your town, state, providence or country of residence. It is your responsibility to know and respect the local laws in place regarding Broker Services where you are trading.

By using the Web Site, you agree that you shall not: (1) provide any content or conduct yourself in any way that: may be (a) construed as unlawful, threatening, harmful, abusive, stalking, tortuous, defamatory, libelous, vulgar, hateful, obscene, offensive, racially, ethnically or otherwise objectionable, pornographic, (b) designed to interfere or interrupt this Web Site or any service provided, (c) infected with a virus or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, (d) giving rise to a civil or criminal liability, or in violation of an applicable local, national or international law; (2) impersonate any person or entity, including, but not limited to, a Web Site official, Forum Leader, or falsely state or otherwise misrepresent your association with any person or entity, forge or otherwise seek to conceal or misrepresent the origin of any content provided by you; (3) collect or harvest any data about other users of this Web Site; (4) provide or use this Web Site for the provision of any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or other form of unauthorized advertising, without the Web Site’s prior written consent; and (5) provide any content that may give rise to civil or criminal liability of directors, officers, employees, agents, contractors, advertisers, partners of the Web Site or its affiliated companies, or that may constitute or be considered a violation of any local, national or international law including, but not limited to, laws relating to copyright, trademark, patent or trade secrets.

4. Privacy Policy

Please refer to our privacy policy for details on how we handle your information.

5. Third-Party Web Sites

We provide links to external web sites and resources, such as Brokers. The Web Site has no control over these external web sites and resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such web sites or resources. You agree that you will be subject to any and all rules applicable to those web sites and you will not and cannot hold the Web Site responsible for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance of such content available on such web sites or resources.

6. LEGAL NOTICE TO PICSCOUT, GETTY IMAGES, PICSCOUT CLIENTS, and CYVEILLANCE INTELLIGENCE CENTER their subsidiaries, agents, and assigns:

You are prohibited from accessing this site.

Legal Notice to PicScout, (http://www.picscout.com), Getty Images, (http://www.gettyimages.com) trading as: GYI, all other customers of PicScout, and Cyveillance Intelligence Center (http://www.cyveillance.com), and to any and all clients of Cyveillance Intelligence Center, their subsidiaries, agents, or assigns are prohibited from accessing OptionsGain, optionsgain.com, and any of its associated websites.

6.1 Permission for the copyright scanning robot program known as PicScout and for robots owned or operated by Cyveillance Intelligence Center, Getty Images, their subsidiaries, agents, and assigns to access this site is explicitly denied. All other robots which scan content for the purpose of any law enforcement, criminal or civil, are also denied permission to access this site at any time without a duly served warrant in accordance with the 4th Amendment of the Constitution of the United States of America and duly codified laws of the State of Nevada.

6.2 Getty Images, PicScout, and Cyveillance Intelligence Center their subsidiaries, agents, and assigns are explicitly prohibited from using any image or video that originated in a optionsgain.com, or from its parent company, camera for any purpose; their use for any monetary gain by any party claiming copyright against a third party downloader from a third party web site shall be treated as a copyright violation under this Notice.

Notice concerning demands for damages originating from Getty Images, PicScout, Cyveillance Intelligence Center, or any of their subsidiaries, agents, or assigns or any other scanning robot users sending “demand notices” prior to DMCA takedown notices.

As such, all payment demands SHALL BE REFUSED if any threats of legal action are ever received from Getty Images, PicScout, Cyveillance Intelligence Center, their subsidiaries, agents, or assigns or any other copyright holder demanding “damages” prior to sending DMCA takedown notifications.

Not only will we refuse to pay the funds you demand and we shall instead seek liquidated damages in the amount of $25,000 US per violation of our Terms of Service concerning image scanning robots.

7. Indemnity

You agree to indemnify and hold the Web Site and its affiliated companies, directors, officers, agents, employees, and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your conduct, your provision of content, your violation of these Terms of Service, or your violation of any rights of another.

8. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of this Web Site, including access to and use of this Web Site.

9. Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY BROKER SERVICES OR CONTENT PROVIDED IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU “AS IS” AND THE WEB SITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE WEB SITE MAKES NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE WEB SITE NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE IS SOLELY AT YOUR OWN RISK, AND THAT THE WEB SITE MAY NOT BE HELD LIABLE IN ANY WAY.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

10. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEB SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR MONETARY LOSS, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF THE WEB SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

11. Reservation of Rights

The Web Site reserves all of its rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary rights that the Web Site may have for it’s content, the goods, and services that may be provided. The use of the Web Site’s rights and property requires the Web Site’s prior written consent. By making this Web Site and services available to you, the Web Site is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial uses of this web site or service without the Web Site’s prior written consent.

12. Notification of Copyright Infringement

If you believe that your property has been used in any way that would be considered a copyright infringement or a violation of your intellectual property rights, please contact us.

The Web Site tries to provide complete, accurate, and current information. If you should observe any incomplete or inaccurate information, we would greatly appreciate being notified. Representatives of the Webs Site can be reached via the Web Site contact form.

13. Applicable Law

You agree that these Terms of Service and any dispute arising out of your use of the Web Site’s products or services shall be governed and construed in accordance with the local laws in force where the Web Site’s headquarters are located, without regard to its conflict of law provisions.

14. Definitions

The definitions below may be pluralized within the foregoing, and shall have the same or similar meaning as defined below.

“Web Site” means the subdomains, subdirectories, content, information, text, graphics, links, and any other electronic information contained within the domain name or on the servers of OptionsGain.com.

“Forum Leader” means any moderator, administrator, super-administrator, or individual / company with a leadership position in the Web Site forums.

“Broker” means any and all sites that provide trading services in the form of forex, commodities, options, stocks, or any other form of trading / wagering to be accepted by means of a web site, domain, or other device via the Internet.

“Broker Services” means services in which a Broker may provide such as acceptance of trading, wagering, gambling, real money entertainment, or any other services that may be construed as not acceptable or illegal within the jurisdiction in which the Web Site operates.

15. Consent

By using OptionsGain.com in any way you are agreeing to comply with these Terms of Use.

Affiliate Disclaimer

In accordance with the FTC’s policy demanding us to be transparent about any and all affiliate relationships with financial trading websites, we must disclose that this website contains affiliate links to external sites which compensate us. For the sake of being thorough, you should assume that any and all links contained within this website operate under an affiliate arrangement of some sort. We receive compensation through use of external links on this website. Upon clicking these links, a cookie is dropped onto your computer that identifies us as the source affiliate which referred you to the resulting domain. This cookie is only used for that purpose, and we are only compensated if you make a purchase at the resulting website. There is no reason to be alarmed, as these type of affiliate agreements are very common and legitimate ways for businesses such as ours to pay for their existence. We have no qualms in revealing such affiliate relationships to you and you are welcome to contact us with any questions about such relationship that are not considered confidential or trade secrets.

In addition to informing that our website operates by and through affiliate commissions, we would also like to inform you that such links are typically shortened in an effort to make them look more appealing to the user. Affiliate links in general can be very long, and there are fraudsters among the Internet that have developed tools that can change the affiliate codes if they’ve infected your system with a virus or malware, such as a poorly known browser search toolbar service. Our system used for links may also use cloaking technology to combat such malware from stealing referrals from our website. Again, the practices of tracking links, using short URL’s, and cloaking are common practice across the Internet and there is no cause for alarm.

Reviews

Our reviews are genuine in nature, and we do our best in revealing all positive and negative aspects of the sites that we review. We compensate professional journalists to research the information inside of our reviews and we are very serious about giving only honest reviews about honest websites. Should a site turn up being rogue, have payment problems, or receive too many customer complaints in our forum, we abide by the following procedure:

  1. Contact the operator asking for explanation.
  2. If no response or explanation is received, further contact will be made demanding that all customer complaints be resolved.
  3. If customer complaints are not resolved to a manner that we feel is acceptable, downgrade or remove the review, rewriting it to reflect this information. Negative reviews will receive a notice toward that top that the operator has gone rogue, citing the complaints from the forum.

Further, we do not receive any compensation from the sites we review to “give a positive review” or anything of that nature. We do not receive any special compensation for simply writing a review, and such task is our own burden. We write reviews under only the influence of generating affiliate revenues from providing excellent information about the services and products in which we review. We are generally on-point with the quality and honesty behind each and every review, though rankings and frequency of updates made to them may be influenced by the compensation received through affiliate relationships. We do not believe that this causes a conflict of interest for us, as we again only review quality sites that can be trusted and allow our customers several methods of giving their own opinions:

  1. Customer Complaint & Scam Report Forum
  2. Customer Reviews on Each Review

We may also employ other revenue models into this website. This may include, but is not limited to, banner advertising, eBook sales, sale of a private forum (such as one that allows an affiliate operator to handle any questions about their brand directly on our website), widgets, hyperlinks, and sponsored posts. Many of these are forms of paid advertisements in which we derive revenue from and while we will keep the advertisements to the highest quality standard possible, we are not responsible for any claims or testimonials made on any of these advertisements.

Legal Version

The following is written in legal language, but holds basically the same meaning as the simpler version above.

Compensation & Affiliate Disclaimer Policy, Valid from 1 January 2014 Forward

As directed by the FEDERAL TRADE COMMISSION, (see 16 CFR Part 255) – Guides Concerning the Use of Endorsements and Testimonials in Advertising, the purpose of this policy is to establish any compensatory affiliation between the site owner and affiliate networks such as Amazon, Plimus, Clickbank, Commission Junction, Google, Share-A-Sale and any individual vendors they represent and that the site owner has established an affiliate relationship.

This website may at times accept forms of cash advertising, sponsorship, paid insertions, or other forms of affiliate compensation.

The compensation received may or may not influence the advertising content, topics or posts made on this site. That content, advertising space or post may not always be identified as paid or sponsored content. Not all content is written or presented for the sole purpose of receiving affiliate income.

The owner(s) of this website is compensated through various affiliate programs and some content presents opinions on products, services, websites and various other topics. Even though the owner(s) of this website may receive affiliate compensation for reviews or advertisements, they always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this website are purely the website’s own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question. Any user-generated content is not the responsibility of the website owner(s).

This website does contain some content which may or may not present a conflict of interest. This content may not always be immediately identified due to the nature of posting methods. When possible every attempt will be made to identify advertising from general non-advertising content.

Disclosure Policy
Last updated October 21, 2014