Terms & Conditions Of Use/Disclaimer
Optioneer Systems was founded in Australia by Andrew Evans, an experienced option and futures trader. Mr. Evans devised a methodology for individuals of any experience level to participate in a sector of the options market, that of writing index option contracts and collecting the premiums.
Twenty five years in research and development, five years of practical testing and seven years of use by over 1,000 users worldwide led Andy to launch Optioneer in 2000. Optioneer is now established with user groups all across Australia and North America. Changes may be made to the Disclaimer at any time without notice. Accordingly, you agree to review the Disclaimer regularly and your continued access or use of the website means that you agree to any changes to the Disclaimer.
If you access and use this website (the site), you accept and agree to be bound by and comply with these legal terms of use (the disclaimer). If you do not accept this disclaimer, do not use the site.
This site has been issued by Optioneer Systems Pty Ltd (ACN 094 401 635), a licensed adviser under Australian law in relation to the Optioneer Trading System. It holds Australian Financial Services Licence 284226.
1. Copyright Information
© Copyright 2007 Optioneer Systems Pty Ltd. All rights reserved. All content, graphics and publications on this site are protected by Australian copyright and international treaties and may not be copied without the express permission of Optioneer ("Optioneer"), which reserves all rights. Re-use of any of Optioneer's content and graphics by user for any purpose is strictly prohibited. User understands that all pages viewed by subscription or trial are copyright protected products of Optioneer. User understands that it is illegal to forward or re-transmit these pages in any form without written authorization from Optioneer. User also understands that he/she is prohibited from allowing any unauthorized person to view part or all of these pages. The user agrees that the use of the program and website is for personal use only and no information or trading information will be shared with, or distributed to, any third party including individual, broker or corporation. User agrees that if he/she should violate these terms, User accepts full financial liability to pay the annual subscription price for all additional readers or recipients and any other loss of revenue suffered by Optioneer.
2. Terms & Conditions of Use - General
(a) Please read the Terms & Conditions of Use/Disclaimer as this contains important information concerning regarding the use of this website (the site). By accessing this site, you accept and agree to be bound by, and comply with, the terms and conditions of use.
These Terms & Conditions of Use/Disclaimer are to be read in conjunction with any terms, conditions or disclaimers provided in the pages of the site. The Terms & Conditions of Use/Disclaimer contain important information and warnings regarding the risks associated with futures trading and the Optioneer Trading System and should be accessed and read before reading the information for the Optioneer Trading System displayed on the site.
If you access and use this site, you accept and agree to be bound by and comply with the Terms & Conditions of Use. If you do not accept the Terms & Conditions of Use, do not use the site. This site has been issued for and on behalf of Optioneer in relation to the Optioneer Trading System.
(b) This Agreement may be terminated immediately by either party should the other party breach any term of this Agreement and such breach continue for five (5) working days after written notice has been served of such breach. Optioneer may also terminate this agreement and the Optioneer Subscription Agreement for good cause which shall include any act by the Subscriber which violates the Terms & Conditions of Optioneer's website.
3. Changes to Terms & Conditions of Use/Disclaimer
Optioneer reserves the right to change the Terms & Conditions of Use or any material on this website at any time. Any such change will become effective immediately upon publication to this website. You agree to review these Terms & Conditions of Use/Disclaimer each time you access this site.
4. Intellectual Property
This website and all information contained therein, including, without limitation, the look and feel of the site and all design, text, images, trademarks, trade names, logos, white papers, press releases and other information, and all software products advertised, presented, or discussed therein, is protected under Australian and other copyright laws and is owned by Optioneer or used under licence from the owner of the respective intellectual property rights. In addition, all right, title, and interest in all servers and server-based technology related to this website, and all information contained therein, including, without limitation, protocols, parameters, designs, specifications, and user identification algorithms, and technology underlying such algorithms are owned by Optioneer. The foregoing may not, except under written licence, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicenced, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Optioneer's prior written consent, except to the extent that such use is expressly authorized under Australian copyright laws. Optioneer's trademarks, trade names, logos, images, and, service marks used on this site are the property of Optioneer and may not be used without prior written permission from Optioneer and then only with proper acknowledgment.
5. Disclaimers of Warranties and Liability
A. Optioneer and its employees, agents, representatives and associates do not represent or imply any performance level or guarantee in relation to the operation of this site.
B. Optioneer and its employees, agents, representatives and associates to the maximum extent permitted by law will not be liable for any direct, indirect, incidental or consequential loss or damages resulting from the use of this site, including, without limitation, any loss you may suffer as a result of trading in futures contracts.
C. Optioneer and its employees, agents, representatives and associates make no claim that the use of this site will result in a profit or prevent any loss for you.
D. Optioneer and its employees, agents, representatives and associates will not be liable for any direct, indirect, incidental or consequential loss or damages resulting out of the availability, use, reliance on, or inability to utilize, this site.
E. Your ability to access this site may, from time to time, be delayed and or interrupted due to scheduled and/or unscheduled causes. This site is provided on an "as is" and "as available" basis, without any warranty of any kind. No warranty is made that the functions or services performed by the User in connection with the service will be uninterrupted or error-free or that defects in the service will be corrected. The User expressly agrees that use of this site is at its own risk.
F. Optioneer does not warrant or guarantee that any information available on or through this site will be free of infection by viruses, worms or anything else manifesting contaminating or destructive properties. It is the sole responsibility of the user to isolate software and information, execute anti-contamination software, and otherwise take steps to ensure that software or information, if contaminated or infected, will not damage the user’s information or system.
G. To the maximum extent permitted by law, you release Optioneer and its employees, agents, representatives and associates, from all liabilities arising out of, or in connection with the acess to, or use of this site, including:
(i) your use of this site; and
(ii) your trading in futures contracts after using this site and/or consulting a broker.
H. You will continuously indemnify Optioneer against all losses, taxes, expenses, costs and liabilities whatsoever (present, future, contingent or otherwise and including reasonable legal fees) which may be suffered or incurred by Optioneer as a result of or in connection with this site, including:
(i) your use of the site;
(ii) you breaching this Terms and Conditions of Use/Disclaimer;
(iii) you trading in futures contracts after using this site and/or consulting a broker
unless and to the extent only that such losses, taxes, expenses, costs and liabilities are suffered or incurred as a result of Optioneer’s fraud or wilful default.
6. Jurisdiction
“It is important to note that the products, services and information on this site are only available to Australian residents. Accordingly, this site does not constitute an offer to transact business in any jurisdiction other than Australia. This use of this site will be governed by and construed in accordance with the substantive laws of Victoria, Australia and you agree that the exclusive jurisdiction and venue for all matters arising out of the use of this site shall be the courts of Victoria, Australia.
7. Privacy
Your expectations of privacy are important. The Privacy Policy set forth on this site explains how Optioneer collects personal information from you and then maintains, uses and discloses that information. Please carefully read the separate Privacy Policy.
8. User Obligations
Any person accessing or using this site undertakes the following obligations: (a) to comply with all applicable laws and regulations; (b) not to introduce into this website, or any network or equipment supporting this site, any virus, worm, harmful code, Trojan horse or other disabling service; (b) not to attempt to interfere with or disrupt the website, or any network and/or other equipment supporting it; (d) not to attempt to gain improper access to or otherwise interfere with any system or network connected to or affiliated with this site. Any violation of these obligations is grounds for denying a user access to and use of this website in addition to other available remedies.
9. No Recommendation
Option trading involves substantial risk and is not appropriate for all investors. Please read this complete disclaimer for more information regarding the risks of option trading. Information provided on the site, including daily price data, is believed to be reliable when posted, but there is no guarantee that it is accurate or complete or current at all times.
10. Risks of Futures Trading
The Optioneer Trading System is a program that seeks to assist you in trading futures options over stock indices. In deciding whether or not you wish to become involved in futures trading with a futures broker, you should be aware you could both gain and lose large amounts of money. Without limitation, you risk losing money because:
(a) You could lose all the margin funds you deposit with the futures broker to establish or maintain a futures position and lose further amounts as described in paragraph (c) below.
(b) If the market moves against your position, you may be required, at short notice, to deposit with the futures broker further moneys as margin in order to maintain your position. Those additional funds may be substantial. If you fail to provide those additional funds within the required time your position may be liquidated. You will be liable for any shortfall in your account resulting from that liquidation.
(c) You could lose all monies deposited with the futures broker, and in addition be required to pay the futures broker further funds representing losses and other fees on your open and closed positions.
(d) Under certain conditions, it could become difficult or impossible for you to liquidate or close a position (this can, for example, happen when there is significant change in prices over a short period).
(e) The placing of contingent orders (such as a "stop-loss" order) may not always limit your losses to the amounts that you may want. Market conditions may make it impossible to execute such orders.
(f) The high degree of leverage that is obtainable in futures trading with the futures broker because of small margin requirements can work against you as well as for you. The use of leverage can lead to large losses as well as large gains.
(g) Futures and options trading is not appropriate for everyone. There is a substantial risk of loss associated with trading futures and options on futures. Only risk capital should be used.
(h) No representation is being made that futures and options on futures trading is appropriate for everyone or that it should be viewed as an alternative, replacement or supplemental form of income.
Some of the website and Optioneer material refer to "Testimonials". Please read the disclaimer below concerning testimonials.
No representation is being made that the use of the trading methodology will generate profits or eliminate losses from trading. None of the results referenced in any testimonial are necessarily indicative of trading results that may or will be experienced in the future. In addition, losses may have been incurred subsequent to the date on which the testimonial was provided. There is a substantial risk of loss associated with trading futures and options on futures. Only risk capital should be used.
You should discuss these matters further with your broker prior to commencing any trading.
11. The Optioneer Trading System
Use of the Optioneer Trading System, described in the pages of this site, is subject to the terms and conditions of the user agreement governing its use, which may change from time to time. However, you should be aware that:
(a) The Optioneer Trading System is a program that calculates the probability that the price of a futures contract or option contract will exceed boundaries selected by you for the purposes of assisting you in the making decisions in relation to the purchase, sale or holding of options over the relevant futures contract. As such, it does not provide recommendations to you as to when you should initiate, hold or close a futures or option position. No statement in this website or the Optioneer Trading System is to be construed as investment advice, or a recommendation, solicitation or offer to buy or sell any option or any other security.
(b) The Optioneer education and training material and seminars provided to users of the Optioneer Trading System is only intended to provide users with a basic understanding of futures and options trading and how to use the Optioneer Trading System to trade futures and options.
(c) In providing the Optioneer Trading System and the related training, Optioneer does not take into account a user's investment objectives, financial situation and particular needs. The Optioneer Trading System only provides you with percentage probability calculations to form a basis for your consideration, discussion and decision and is of a general nature only. You should, before acting on the information, consider the appropriateness of the information, having regard to your objectives, financial situation and needs and seek your own professional advice.
(d) Before making a trading decision a user should consider, with or without assistance of your own financial adviser or futures broker, whether the trade the user intends to make is appropriate in light of his particular investment needs, objectives and financial circumstances.
(e) It is recommended that your financial advisor or futures broker be consulted before making any decision to buy or sell a futures or option on futures contract.
12. Not offering any personal advice
The information included on this site is provided only to give you a basic understanding of futures options trading and the Optioneer Trading System and is not intended to provide specific financial or investment advice for you, and should not be relied upon in that regard. You should not act or rely on the information on this site without seeking the advice of your financial adviser or futures broker who will ensure that your own objectives, financial situation and particular needs have been considered and that action is taken on the latest available information.
13. Members' Area
Users of the Members' area of this site are also obligated to abide by the terms, conditions and disclaimers provided in those pages of the site.
14. Use of Broker.
User agrees and acknowledges that the Optioneer methodology does not provide personalized investment advice and that each Member must determine whether his income, net worth, risk capital and risk tolerance are appropriate for trading options on futures. It is strongly recommended that a futures broker or financial advisor be consulted before any decision is made to buy or sell a futures option.
15. Dispute Resolution
To the maximum extent permitted by law, any dispute or difference whatsoever in connection with the use of this site or the User Agreement must be dealt with by the parties as follows in the event that the dispute or difference is unable to be resolved by Optioneer in accordance with its internal complaints handling system:
* if Optioneer is a member of an external complaints resolution scheme approved by the Australian Securities and Investments Commission, you must refer the dispute or difference to that external complaints resolution scheme, for determination in accordance with the rules of that external complaints resolution scheme; or
* if Optioneer is not a member of an external complaints resolution scheme approved by the Australian Securities and Investments Commission or the dispute or difference does not fall within the rules of the external complaints resolution scheme of which Optioneer is a member, the dispute or difference must be submitted to arbitration in accordance with and subject to the Institute of Arbitrators and Mediators of Australia Expedited Commercial Arbitration Rules, and to the extent permitted under those rules the Arbitrator will be a person recommended by the Victorian Chapter of the Institute of Arbitrators and Mediators of Australia, and you and Optioneer agree to accept the determination of the external complaints resolution scheme or the arbitrator, as the case requires , as final and binding and submit to the jurisdiction of the Courts in Victoria for the enforcement of any such determination. Optioneer holds Australian Financial Services Licence 284226.
