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Subscription Agreement

Agreement

This subscription agreement (“Agreement”) is made by and between OptionsHawk, Inc., (“OptionsHawk”), and you (“Subscriber”).  Subscriber must accept this Agreement in its entirety as a condition to receiving the subscribed for Service (as defined below). As of the date you subscribe for and enroll in the Service, the parties agree as follows:

OptionsHawk agrees to provide a Service to Subscriber for which Subscriber agrees to pay in accordance with this Agreement.  Subscriber acknowledges the numerous risk disclaimers in this Agreement and agrees to the terms of use of the OptionsHawk website and related services.  Subscriber will be given access to the Service upon receipt of the subscription fee by OptionsHawk.

The term “Service” means the live Trading Hub or newsletter subscription service for which Subscriber has subscribed, as the case may be, and determined in accordance with the terms hereof. The Service includes all corresponding services, access, offers, or products that apply to that particular subscription type.

Terms of Use of our Websites, Media Channels and Technology

 Subscriber agrees to pay the subscription fee for the Service, which will be billed at the listed price currently in effect or at a previously approved and agreed upon pricing. Subscriber agrees to take all necessary steps to authorize monthly credit card payments or an OptionsHawk-approved alternative payment method in consideration for the Service.  OptionsHawk, upon 30 days notice to Subscriber, reserves the right to modify its pricing.

The information distributed through the Service or contained in OptionsHawk’s website is provided for the convenience and sole use of its subscribers, and is furnished without responsibility for its accuracy.  A complete list of disclaimers is here and is incporated into this agreement by reference.  OptionsHawk is not responsible for any loss or damage that could or may result from any information made available to Subscriber or relied upon by Subscriber that may prove to be inaccurate or deficient.

Disclosures

OptionsHawk, its principals, officers, and employees are not registered as investment advisers, registered representatives or commodity trading advisors.  OptionsHawk, its principals, officers, and employees are not your investment advisers or commodity trading advisors and are not giving specific investment advice.  The Service may generate trading alerts, but such trading alerts are not investment advice or to be relied upon as real-time data, quote feed or charting program.

Any performance data appearing in the materials provided to Subscriber or accessed by Subscriber pursuant to the Service may be presented as (a) historical data or (b) real-time data.  Historical data involves (i) historical trade information (including, without limitation, quantity and price), (ii) the current trade information (including, without limitation, anticipated profit or loss), and (iii) trade projections (including, without limitation, value forecasts). Real-time data involves the trade information (including, without limitation, prices, profits, or losses) as it happens in real time day after day.  The performance data provided through the Service may change at any time without warning due to a number of factors including, without limitation, to the updating of market data used to calculate system signals, upgrades or changes to the system code, changes to the minimum investment amount, commissions, or slippage estimates.

Gains or losses experienced by investors will vary depending on many factors, including, without limitation, timely order entry, execution, market forces, whether or not all trading alerts are utilized in the specified system, the duration of trades, money management, and risk techniques.

In light of the fact that the Service may present hypothetical performance results, please be advised that:

HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW.  NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM.  ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT.  IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK.  NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK OF ACTUAL TRADING.  FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS THAT CAN ADVERSELY AFFECT ACTUAL TRADING RESULTS.  THERE ARE OTHER FACTORS RELATED TO (A) THE MARKETS IN GENERAL OR (B) THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL OF WHICH CAN ADVERSELY AFFECT TRADING RESULTS.

Trading involves a substantial risk of loss that may lead to a loss of some or all of your money. Trading is not appropriate for everyone. Subscriber should carefully consider his or her financial condition before trading, and should only trade with risk capital or money he or she can afford to lose. OptionsHawk has no financial interest in the outcome of any trade by Subscriber. Subscriber needs to determine Subscriber’s own suitability to trade.

While there is a potential for reward when trading financial products including, without limitation, futures, options on futures, equities and equity options, there is also substantial risk of loss associated with trading.  Past performance is not indicative of future trading results.  Trading results can never be guaranteed.  Day trading is high-risk and speculative in nature, and is not suitable for most people.

Third-Party Services and Links

OptionsHawk is not responsible for the contents of any third-party services and does not assume any responsibility for or make any representations, guarantees, or warranties whatsoever, expressed or implied, as to the accuracy, suitability, profitability, reliability, or appropriateness of the third-party services.  Subscriber agrees that OptionsHawk shall not be liable for such third-party services and to hold OptionsHawk harmless in any dispute or claim whatsoever that Subscriber may have related to or concerning such third-party services.

Subscriber acknowledges and agree that access to third-party services are regulated by this Agreement, and may also be regulated by terms, conditions, or agreements of such third-parties or other policies governing the third-party services. It is your responsibility to read and be informed about the terms and conditions and any other policies of such third parties as they relate to the subscription, products, services or information you request.  Any questions related to such third-party services should be directed to the third-party service provider

Trading Alerts Disclaimer

The Service is for educational purposes only and is not and should not be construed as an offer to buy or sell any financial product including, without limitation futures, options on futures, equities or equity options. Subscriber agrees that this is not an advisory service. All of the OptionsHawk-provided information and services including, without limitation, the Service are for educational use only. OptionsHawk does not provide specific investment advice nor promote the buying nor selling of any specific financial product. 

Waiver and Limitation of Liability

Subscriber agrees that access to and use of information contained in the Service is at Subscriber’s risk and Subscriber agrees that no claim shall be alleged or asserted against OptionsHawk or anyone affiliated therewith based on any allegation or contention that any of the information was deficient, misleading, or inaccurate.  Subscriber assumes the duty to verify the accuracy, applicability and sutiability of any information, opinion or strategy Subscriber learns through an OptionsHawk channel.  Subscriber assumes full liability for all trading risks and losses related to the use of any OptionsHawk -provided information or service.

THE SERVICE AND ALL THE INFORMATION, SOFTWARE, CONTENT, AND PRODUCTS AVAILABLE FROM OptionsHawk ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITH NO WARRANTIES OF ANY KIND.  OptionsHawk EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT).  OptionsHawk DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL ALWAYS BE ACCESSIBLE OR OPERATIONAL, THAT THE INFORMATION PROVIDED IS ACCURATE, RELIABLE OR CORRECT, AND THAT ANY ERRORS WILL BE CORRECTED.

YOUR ONLY OTHER REMEDY FOR DISSATISFACTION WITH THE SERVICE, OptionsHawk-RELATED SERVICES, CONTENT, OR INFORMATION BY OptionsHawk IS TO STOP USING ANY SERVICES OPTONSHAWK PROVIDES THROUGH ANY MEDIA CHANNEL, INCLUDING, BUT NOT LIMITED TO THE INTERNET SITE, AND THE SERVICE OFFERED OR PROVIDED AND TO CANCEL ANY SUBSCRIPTION.  SUSBSCRIBER SHALL NOT BE ENTITLED TO ANY REFUND OF ANY FEES PAID FOR ANY SUBSCRIPTION.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

To the extent permitted by applicable law, the liability of OptionsHawk and its principals, affiliates, employees, officers, directors, shareholders or  arising under this Agreement is limited to direct damages up to the amount Subscriber paid for the Service giving rise to that liability during the prior twelve (12) months. In the case of OptionsHawk services or products that are provided free of charge, the combined liability of OptionsHawk and its principals, affiliates, employees, or officers to Subscriber arising under this Agreement is limited to One Thousand United States Dollars ($1,000 USD).  These limitations apply regardless of whether the liability is based on breach of contract, tort (including, without limitation, negligence), breach of warranties, strict liability, or any other legal theory.

To the extent permitted by applicable law, whatever the legal basis for the claim, neither party, nor any of its principals, affiliates, employees, or officers, will be liable for any indirect, consequential, special or incidental damages, or damages for lost profits or revenues, business interruption, or loss of business information arising in connection with this Agreement or the Service, even if such possibility was reasonably foreseeable. This exclusion does not apply to either party’s liability to the other for violation of its confidentiality obligations or intellectual property rights.

Any information presented through the Service or by OptionsHawk includes information from sources believed to be reliable and accurate as of the date of its publication, but no independent verification has been made and OptionsHawk does not guarantee its accuracy or completeness, and are subject to change due to factors beyond OptionsHawk’s ability to control.  Any expressed opinions are subject to change without notice.  Any reliance on such information is at Subscriber’s sole risk.

Your Limited User License

In return for your compliance with all the terms of this Agreement and payment of all applicable subscription fees, and subject to the restrictions noted herein, OptionsHawk grants Subscriber a non-exclusive, non-transferable, and limited right to access and use of the Service. These rights are (a) non-perpetual and (b) conditional on your continued compliance with the terms of this Agreement. OptionsHawk reserves all rights not expressly granted to you in this Agreement, including any rights by implication or otherwise.

Subscriber may not copy, sell, license, modify, distribute, reproduce, transmit, publicly display, publicly perform, publish, adapt or edit any of the materials, information or content transmitted through the Service or any derivative works from or use of the Service, in whole or in part, without prior written consent by OptionsHawk.

Your Obligation to Indemnify Us

Subscriber agrees to indemnify, defend and hold harmless OptionsHawk, its principals, affiliates, employees, officers, information providers, and suppliers from and against all claims, causes of action, suits, losses, expenses, damages and costs (including, without limitation, reasonable attorney’s fees) arising out of, in connection with or relating to any violation by you of this Agreement including, without limitation, claims, directly or indirectly, resulting from or attributable to Subscriber.

Access and Interference

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our content including, without limitation, trading alerts, videos, web pages, and chat blogs or for any other unauthorized purpose without prior written permission by OptionsHawk.  You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper functioning of the Service including, without limitation, the OptionsHawk website.  You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure and you agree not to engage in any unauthorized framing, linking or deep-linking to Service including, without limitation, the internet site without prior written permission by OptionsHawk

Subscriber is responsible for providing all personal computer and electronic equipment necessary to gain access to the Service. Access to and use of some of the products or web pages offered in accordance with the Service may be through the use of a combination of a username and password. Subscriber must keep such access information strictly confidential. Unauthorized access to the Service is a breach of this Agreement and may subject Subscriber to liability to OptionsHawk for damages it suffers, and Subscriber shall also be liable to OptionsHawk for its reasonable attorneys’ fees and costs..

Other Terms & Provisions

This Agreement and the limited license granted to you are personal to you, and may not be assigned or transferred by you to anyone else.  You also agree that you will not allow anyone else to access the Service.  You agree that you will be solely responsible for any liability arising from any third-party access to or use of the internet site that you permit or facilitate, negligently or otherwise.  You can only access the Service from one computer or mobile device at a time (as appropriate).  Subscriber explicitly agrees that OptionsHawk, or its authorized agents, may monitor Subscribers usage and connectivity to all Media Channels through which it offers the Service.  If we detect the Service being used by more than one electronic device (e.g., computer or mobile device) under your login, we may terminate or disconnect one of the two sessions being accessed or charge your credit card or, approved alternative payment method for an additional identical subscription

This Agreement shall be governed by and construed in accordance with Pennsylvania law, without regard to any state’s choice of law rules.  You agree that your use of the Service constitutes activity in Pennsylvania and for the purpose of establishing minimum contacts in Pennsylvania.  You agree that any action commenced against OptionsHawk shall be commenced and maintained solely in the federal or state courts located in Pennsylvania.  You also agree to submit and consent to the personal jurisdiction and venue of any such court in the event OptionsHawk commences an action against you.

If any term or provision of this Agreement is deemed by a court of competent jurisdiction to be void, invalid, unenforceable, or otherwise contrary to law, the remainder of this Agreement that can be given effect without such term or provision shall be given full effect.

Any failure by OptionsHawk to enforce strict performance of any provision of this Agreement will not constitute a waiver of its right subsequently to enforce such provision or any other provision of this Agreement.

Modifications

OptionsHawk may modify this Agreement or the Service by providing notice of the modification by the method described in this Agreement.  The modification will become effective at the end of the monthly payment cycle in which the notice is sent or seven (7) calendar days after the notice is deemed received, as set below, whichever is longer. Subscriber’s continued use of the Service shall be conclusively deemed acceptance of all such modification(s).

Third Party Beneficiaries

This Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement.

Entire Agreement

This Agreement constitutes the entire agreement concerning its subject matter and supersedes any prior or contemporaneous communications.

Force Majeure

Neither party will be liable for any failure in performance due to causes beyond either party’s reasonable control including, without limitation, fire, explosion, power blackout, earthquake, cyber terrorism, severe storms, flooding, earthquake, strike, embargo, labor disputes, acts of God, acts or omissions of internet traffic carriers, acts or omissions of regulatory or governmental bodies, and war; however, this section does not apply to your payment obligations under this Agreement.

Notices

Any notices and requests made to OptionsHawk in connection with this Agreement, except for the cancellation of the subscription, must be made by email via the site’s contact form at https://www.optionshawk.com/contact/

Subscription Details

Options Hawk MAX will be limited to a maximum of 500 subscribers, and will cost $300/month.  The limit is to maintain an elite group of traders allowing for greater content value and ensuring available liquidity for the trades.

Options Hawk ELITE will not be limited to a specific number of subscribers, and will cost $149/month.  This plan is email-based, and there are no intraday alerts, all action taken throughout the day is highlighted in the end of day report.

Subscriptions are for 1 month from sign-up and can be started at any time, and there is an option for recurring payments to the MAX plan, while the ELITE plan is automatically recurring.

Approval, Breach and Remedies

Approval of this Agreement is a material condition to access the Services.  No person shall be permitted access to the Services who have not approved this Agreement and are subject to its terms.

Any Subscriber who distributes any content received through any Media Channel, to any non-subscriber, though any means, without express permission from OptionsHawk will be in material breach of this Agreement.  Subscriber also acknowledges that the unauthorized sharing of usernames, passwords, communications and other data attendant to the Services shall be a material breach of this Agreement.  In case of a material breach, OptionsHawk reserves the right to terminate the breaching Subscribers’ subscription terminated without refund and/or pursue liquidated damages in the amount of $5,000.00 per occurrence and its reasonable attorneys’ fees.  Subscriber acknowledges that OptionsHawk’s damages are difficult to calculate and that liquidated damages are offered not, as a penalty, but in lieu of actual damages. 

Billing

Under no circumstances shall subscriber be entitled to any refunds.  Subscriber acknowledges responsibility to read full product descriptions and understand the Services, limitations and disclaimers associated with the Service under this Agreement before tendering any payment or approving this Agreement.   Upon approval of this Agreement and tendering payment, Subscriber will have immediate access to proprietary information  with which Subscriber can obtain information and education, and receive immediate value.  Subscribers wishing to cancel recurring subscriptions must do so prior to the next billing date and must cancel the active subscription via his/her PayPal account. Details on how to do so can be found here https://www.paypal.com/li/smarthelp/article/how-do-i-cancel-a-recurring-payment,-subscription,-or-automatic-billing-agreement-i-have-with-a-merchant-faq1067

A cancellation will be effective at the end of the monthly subscription cycle during which Subscriber cancels the subscription.  OptionsHawk reserves the right to cancel Services in the event of any unresolved non-payment, or if OptionsHawk is no longer authorized to charge your credit card (or, approved alternative payment method).  Upon cancellation, Subscriber will be denied further access to OptionsHawk Services.  OptionsHawk will have no obligation to return any portion of the subscription fees you have paid prior to cancellation.

This Agreement, including your authorization to OptionsHawk to charge your credit card or, approved alternative payment method for any subscription fees will continue month-to-month until the subscription to the Service is cancelled.

PayPal is the provider of billing solutions and accepts all major credit cards and debit cards

Legal

OptionsHawk is not a Registered Investment Advisor or registered representative and all opinions and recommendations expressed are for information purposes only , and are not to be relied upon as investment advice.  OptionsHawk can not, and will not, guarantee success or profitability resulting from any recommendations, opinion and/or strategy.  Users are expressly advised to perform their own individual due diligence.   All persons using this site are advised everyone to learn the risks involved with trading stocks and options, and to seek qualified, professional advice before engaging in any financial transaction.  Securities trading, including those involving stocks, bonds and options highlighted by Options Hawk and its personnel, is an inherently risky activity.. Traders must do their own research, and understand all the risks involved in any transaction.  . OptionsHawk, while attempting to deliver accurate information, cannot and does not in any way guarantee success on any trade.

Any descriptions “to buy”, “to sell”, “long”, “short” or any other trade related terminology should not be seen as a recommendation.  The Author may or may not take positions in any of the names mentioned, and is not obligated to disclose positions, nor position sizes.

None of the Services constitutes a recommendation that any particular security, portfolio, transaction, or investment strategy is suitable for any specific person. OptionsHawk does not advise any individual personally concerning the nature, potential, value or suitability of any particular security, portfolio, transaction, investment strategy or other matter. As such, subscribers agree that under no circumstances will OptionsHawk be held liable for any loss or damage caused by reliance on information obtained from any OptionsHawk Media Channelthis website, including any articles, videos or other materials. Options involve risk and are not suitable for all investors.  Be sure to read the OCC’s Characteristics and Risks of Standardized Options to learn more about options trading

OptionsHawk Inc. does not give individualized stock market advice. It publishes information regarding companies in which it believes its subscribers may be interested and its reports reflect its analysts’ best opinions, based in the information, knowledge and experience available at the time the opinion is made.  Nor opinion or recommendation is intended to be a personalized recommendations to buy, hold, or sell securities. Investments in the securities markets, and especially in options, are speculative and involve substantial risk. Investors and traders are advised to determine their individual appropriate level of risk. Prior to buying or selling an option, an investor must have a copy of Characteristics and Risks of Standardized Options. The booklet is available on The Options Clearing Corporation’s (OCC) website at http://www.optionsclearing.com/about/publications/character-risks.jsp. This link reference is provided as a courtesy and does not imply that the OCC is endorsing SIR or its products. This booklet is also available for free from your broker or from any of the U.S. options exchanges.

OptionsHawk encourages all users, traders and investors to invest carefully and to utilize the information available at the websites of the Securities and Exchange Commission at http://www.sec.gov and the Financial Industry Regulatory Authority at http://www.FINRA.org. Public companies’ filings are available at the SEC’s EDGAR page. The FINRA has published information on how to invest carefully at its website. We encourage all persons to get personal advice from a professional investment advisor or to make independent investigations before acting on information that OptionsHawk publishes. Most of our information is derived directly from information published by the companies on which OptionsHawk reports and/or from other sources believed to be reliable, without our independent verification. Therefore, OptionsHawk cannot assure any person that the information is accurate or complete. OptionsHawk does not in any way warrant or guarantee the success of any action which taken in reliance on its statements.

U.S. Government Required Disclaimer – Commodity Futures Trading Commission

Futures and Options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don’t trade with money you can’t afford to lose. This is neither a solicitation nor an offer to Buy/Sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this web site. The past performance of any trading system or methodology is not necessarily indicative of future results.

CFTC RULE 4.41 – HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN. All trades, patterns, charts, systems, etc., discussed in this advertisement and the product materials are for illustrative purposes only and not to be construed as specific advisory recommendations.

 

General Terms

The opinions and ideas presented by OptionsHawk are for informational and educational purposes only and should not be construed to represent trading or investment advice. None of the information contained herein constitutes a recommendation that any particular security, portfolio, transaction, or investment strategy is suitable for any specific person. OptionsHawk does not advise anyone concerning the nature, potential, value or suitability of any particular security, portfolio, transaction, investment strategy or other matter. As such, subscribers agree that under no circumstances will OptionsHawk, or any employee, officer, director, shareholder or contractor of OptionsHawk be held liable for any loss or damage caused by any person’s reliance on information obtained from any Media Channel, including, but not limited to, any articles, videos or other materials created, produced or reproduced by Options Hawk. Option trading and investing involves risk and is not suitable for all investors.

All opinions are based upon information and systems considered reliable, but Options Hawk does not warrant its completeness or accuracy, and such information should not be relied upon as such. OptionsHawk is under no obligation to update or correct any information provided through any Media Channel. All statements and opinions are subject to change without notice.

Past performance is not indicative of future results. OptionsHawk does not, will not and can not guarantee any specific outcome or profit. All traders and investors must be aware of the real risk of loss in following any strategy or investment discussed through any Media Channel. Investments discussed may fluctuate in price or value making any given strategy inappropriate or unprofitable due to market fluctuations.  OptionsHawk does not know, nor can it take into account the  particular investment objectives, financial situation or needs of any trader or investor using any OptionHawk Media Channel.  Nor investment strategy or investment strategy is ever intended as a recommendations appropriate for any single investor.. All users must make an independent decisions regarding investments or strategies mentioned on any MediaChanneland seek independent financial advice from a qualified individual or institution specializing in financial advice and knowledgabel about securities trading.

The maximum number of subscribers is subject to change based on demand and general market conditions.

Be sure to read the OCC’s Characteristics and Risks of Standardized Options to learn more about options trading.

Not Investment Advice

Content is for informational and educational purposes only, and is not to be construed as specific investment advice or recommendations. Subscriber alone will need to evaluate the merits and risks associated with the use of this content. Decisions based on information provided are Subscriber’s sole responsibility, and before making any decision on the basis of this information, Subscriber should consider (with or without the assistance of a financial and/or securities adviser) whether the information is appropriate in light of your particular investment needs, objectives and financial circumstances. Investors should seek qualified professional financial advice regarding the suitability of investing in any securities or following any investment strategies.

.  In addition to information presented throught he Services, Subscribers must calculate the costs of commissions, management fees and other costs of investing when evaluating and applying the information.  Due to the time-critical nature of trading in the market, Subscribers will most likely not experience identical performance as disclosed in the Services, and realized outcomes may be more or less depending on the time-lag and trade execution.

Content

Content on this Site, including certain art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing (“OptionsHawk.com Content”) is the property of OptionsHawk and/or its authorized agents and  licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You agree not to download, display or use any OptionsHawk.com content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of OptionsHawk.com, in any other manner that is likely to cause confusion among consumers, that disparages or discredits OptionsHawk and/or its licensors, that dilutes the strength of OptionsHawk’s or its licensor’s property, or that otherwise infringes OptionsHawk’s or its licensor’s intellectual property rights.

Waiver of Class Action

Subscriber waives any right to participate in any class or collective arbitrations or actions, and any and all proceedings

to resolve any claims or disputes will be conducted only on an individual basis and not in a class, consolidated, mass or representative action.  OptionsHawk and Subscriber agrees THAT EACH MAY BRING CLAIMS AGAINST THE OTHER, INCLUDING OUR CONTRACTORS, ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. Further, unless both OptionsHawk and Subscriber agree otherwise, no court or adjudicatory forum may consolidate more than one person’s Claims, and may not otherwise preside over any form of a class, consolidated, mass, or representative proceeding related

to any purported Claim.  Subscriber or Options Hawk may institute an action on an individual basis only, and not in a class, consolidated, mass, or representative action, to apply for injunctive remedies.

Representations, and Limitations of Liability

OptionsHawk makes no representation or warranty regarding the reliability, accuracy quality, accuracy, completeness, or timeliness of the features of the Services, the Content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. Subscriber acknowledges that any reliance on such material or systems will be at Subscriber’s own risk. OptionsHawk.com makes no representations regarding the amount of time that any Content or User Content will be preserved.

OptionsHawk.com does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by OptionsHawk, its employees, agents, shareholders, officers, directors or management without the prior review and written approval of OptionsHawk.

THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL OPTIONSHAWK.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL OPTIONSHAWK BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND OPTIONSHAWK’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL OPTIONSHAWK’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE DOLLARS (US $5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Third Party Websites

OptionsHawk may hyperlink to sites not maintained by or related to OptionsHawk Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or OptionsHawk, and OptionsHawk makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site’s privacy policy, and OptionsHawk has no control over how your information is collected, used, or otherwise handled.

User Generated Content

While the Services include access to user forums, “chat rooms” and other centralized communities where Subscribers may exchange information, ideas, strategies and content. OptionsHawk undertakes no duty , express or implied to monitor, moderate, edit, comment, evaluate or otherwise modify any information shared or generated by a Subscirber, or obtained from any third party.  Subscribers must evaluate and verify all such information themselves and OptionsHawk shall not be liable to Subscriber for Subscriber’s reliance on such information.

This policy is posted clearly on our website and was included on the checkout page at the time of your purchase. By purchasing one of our products you agreed to this policy and to all of our disclaimers on the website.