TERMS of SERVICE

PLEASE READ OUR TERMS OF SERVICE CAREFULLY BEFORE YOU USE OUR WEBSITE

Last Revised: 9/1/2019

O2 Media, LLC (“O2 Media”, “we” or “us”) owns and operates its website, InvestorsObserver, located at www.InvestorsObserver.com and all mobile applications and services made available by O2 Media, (collectively referred to in this document as the “Services”), to you, an individual user (“you”) for your individual usage, subject to compliance with the terms and conditions set forth herein.

Agreement

By visiting, browsing, or otherwise using the Services, you are agreeing to be bound by these Terms of Service (“Terms of Service” or “TOS”). These TOS govern your use and access to the website and all our Services. We may change these terms at any time, but we will post a notice on this website of any material changes. You agree that your continued use of the Services after a notice is posted means that you accept any new or modified terms and conditions.  If you do not accept these TOS, you are not permitted to access or use the Services.

Creating an Account on the Services

To access and use certain portions of the Services, you will have to create an account (“Account”).  To create an Account, you must be a legal resident of the United States and at least 18 years of age at the time of registration.  You may only create one account as an individual.  You must safeguard your password.  You understand and agree that you are responsible for the activity that occurs on your Account and will notify us immediately of any unauthorized use of your Account.  If you violate any of these TOS, we may terminate your Account. If we terminate your Account, you may not re-enroll or join under a new account unless we formally invite you.

InvestorsObserver, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Services. Cause for such termination shall include, but not be limited to: (a) violations of the TOS or any other policies or guidelines that are referenced herein and/or posted on the Service;(b) a request by you to cancel or terminate your account;(c) discontinuance or material modification to the service or any part thereof;(d) a request and/or order from law enforcement, a judicial body, or other government agency;(e) where provision of the service to you is or may become unlawful;(f) unexpected technical or security issues or problems;(g) your participation in fraudulent or illegal activities; (h) failure to pay any fees owed by you in relation to the Service; or (i) a dispute filed by you with your credit card company. Any such termination or suspension shall be made by InvestorsObserver in its sole discretion, without any refund to you of any prepaid fees or amounts, and InvestorsObserver will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service.

User License

Subject to compliance with these TOS, O2 Media hereby grants to you the non-transferable, nonexclusive, revocable, limited license to access and use the Services for personal, non-commercial, reference, education and research purposes without any right to re-license, sublicense, distribute, assign or transfer such rights.  O2 Media expressly reserves all rights not expressly granted in these TOS.

Purchases, Trial Terms, Automatic Billing and Cancellation Policy

You will be billed from the first day of your subscription, unless receiving a free trial, according to the terms outlined on the sign-up page.  All subscriptions are single use only and sharing your access and/or password is prohibited. When you sign up for any of our Services, a welcome email will be sent to your inbox. If you do not receive it, you may have entered an incorrect email address. If you do not receive this welcome email within 24 hours, please contact InvestorsObserver support staff by phone at 1-800-698-9101 or by email at support@InvestorsObserver.com. InvestorsObserver is not responsible for any loss of information in the event that you do not provide a valid email address. Occasionally, Internet Service Providers will mistakenly block our emails because they do not realize they are part of a paid subscription. InvestorsObserver is not responsible for any blocked email, whether it is initiated by the ISP or by the subscriber.  You can find whitelisting instructions on the InvestorsObserver website.

Some Services may provide a free trial or introductory offer. If such an offer is provided, only one per person or household is allowed at any given point in time. In addition, there is a limit of one trial per person and household in any given six-month period unless otherwise stated in the offer.

Upon signing up for a free trial, you will have access to the Service for the promotional trial period. If you cancel prior to the end of the promotional offer period, your credit card will not be charged. If you don’t cancel your subscription within the trial offer period, we will charge the primary credit card you provided during the sign-up process. You may visit your subscription management page on our website, email support@InvestorsObserver.com or contact support at 1-800-698-9101 to terminate your trial enrollment.

You agree to pay the subscription fees and any other charges incurred in connection with your Account at the rates in effect when the charges were incurred.  Your subscription will automatically renew at the same rate, until you notify us of your decision to terminate your subscription. Subscriptions will renew for monthly, quarterly or one-year terms, in accordance with term you signed up for originally. If you would like to terminate your subscription, visit your subscription management page on our website, email support@InvestorsObserver.com or contact support at 1-800-698-9101. Any fees paid by you prior to your termination are nonrefundable, except those covered by our Money Back Guarantee.  BY ALLOWING FOR YOUR RENEWAL, YOU PROVIDE YOUR ELECTRONIC AUTHORIZATION FOR FUTURE CHARGES AGAINST YOUR CREDIT CARD ON FILE. Accordingly, you agree that your subscription fee will be billed automatically at the beginning of each renewal period to the credit card you used in your most recent transaction with us.   We use a third party, not affiliated with us to process payments – Stripe, Inc. (“Stripe”).  You agree that Stripe is solely responsible for controlling, handling, and processing payments through its systems.  You agree to update promptly your account information with Stripe, including credit card numbers and expiration dates, so that we can complete your transactions.

Your Conduct on the Services

All interactions on the Services must comply with the TOS.  As a condition of your use of the Services, you agree that:

  • You will use the Services for lawful purposes and in a lawful manner;
  • You will not reverse engineer, decompile or modify the Services, in whole or in part or otherwise use the Services or the information contained therein or results derived therefrom,or any other products or services provided by O2 Media or its affiliates;
  • You will not tamper or interfere with the proper functioning of the Service or any part, page or area of the InvestorsObserver website, including any manner that could damage, disable, overburden or impair the website;
  • You will not use any automated means to access InvestorsObserver
  • You will not alter, remove, or otherwise hinder the delivery of any copyright, disclaimer, or other proprietary notice appearing on the Service;
  • You will not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to our Service;
  • You will not submit any purposely inaccurate information, commit fraud or falsify information in connection with your Account;
  • You will not attempt to scan or test the security or configuration of the Service or bypass or circumvent any measures we may use to prevent or restrict access to the Services;

Money Back Guarantee

All Services offer a 14-day Money Back Guarantee upon request except for those Services offered with a free trial or introductory offer.  If for any reason you would like to cancel your subscription within 14 days of purchase, you must contact us at 1-800-698-9101 and request a refund.  If the refund request is not received prior to the 15th day after purchase, InvestorsObserver is not liable to issue a refund.  Services with a free trial or introductory offer are not eligible for the Money Back Guarantee.

Risks of Trading Options

Securities, financial instruments and strategies mentioned herein, including the buying and selling of stock options, may not be suitable for all investors. The investments described herein may be complex, involve significant risk and volatility, and may only be appropriate for highly sophisticated investors who are capable of understanding and assuming the risks involved. Past performance of any investment is not indicative of future returns, and there is no guarantee of the future performance of any investment. The value or income associated with any investment may fluctuate, and investors could lose their entire investment.  Asset allocation and diversification do not assure or guarantee better performance, and cannot eliminate the risk of investment losses..

All investors who deal with stock options must read and understand the publication “Characteristics and Risks of Standardized Options” written and published by The Options Clearing Corporation.  Copies of this document are available at http://www.cboe.com/Resources/Intro.aspx or from your broker. Copies are also available from the Chicago Board Options Exchange, 400 S. LaSalle Street, Chicago, IL 60605. The document discusses exchange-traded options issued by The Options Clearing Corporation and are intended for educational purposes. No statement on the Services or in the document should be construed as investment advice or a recommendation for the purchase or sale of any security or other financial instrument or to adopt a particular investment strategy.  .

Limitation on InvestorsObserver Liability

InvestorsObserver liability, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages not to exceed the fees received by InvestorsObserver from Subscriber. InvestorsObserver will not be liable for consequential, incidental, punitive, special, exemplary or indirect damages resulting directly or indirectly from the use of or reliance upon any material provided by InvestorsObserver. Without limitation, InvestorsObserver shall not be responsible or liable for any loss or damages related to, either directly or indirectly, (1) any decline in market value or loss of any investment;(2) a subscriber’s inability to use or any delay in accessing InvestorsObserver website or any other source of material provided by InvestorsObserver;(3) any absence of material on InvestorsObserver website;(4) InvestorsObserver failure to deliver or delay in delivering any material or (5) any kind of error in transmission of material. InvestorsObserver and Subscriber acknowledge that, without limitation, the above-enumerated conditions cannot be the probable result of any breach of any agreement between InvestorsObserver and Subscriber. DISCLAIMER OF WARRANTY: ANY AND ALL MATERIAL PROVIDED BY INVESTORSOBSERVER IS PROVIDED “AS IS” AND INVESTORSOBSERVER MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Disclaimer

The information and material on the Services are being provided for informational purposes only, and are not intended as an offer, solicitation or recommendation for the purchase or sale of any security or other financial instrument or to adopt a particular investment strategy.  All charts and graphs are shown for illustrative purposes only. Investors must make their own decisions regarding any securities or financial instruments mentioned herein, and must not rely upon the information or material on the Services in evaluating the merits of investing in any instruments or pursuing investment strategies described herein. The information and material on the Services does not take into account an investor’s individual financial circumstances, investment objectives or financial needs. Any pricing or potential profitability shown does not take into account your trade size, brokerage commissions or taxes which will affect actual investment returns. You should consult with your own advisors as to the suitability of such securities or other financial instruments for your particular circumstances.

Information has been obtained from sources believed to be reliable, but we do not warrant or guarantee its completeness, adequacy, timeliness or accuracy.  O2 Media does not perform an audit, and undertakes no duty of due diligence or independent verification of any information it receives. The information contained herein is as of the date referenced, and we do not undertake any obligation to update such information in any form or format.

Investment examples and comments presented are solely those of the analysts, experts, or information source quoted. They do not represent the opinions of InvestorsObserver.com on whether to buy, sell or hold shares of a particular stock or option. Investors should be cautious about any and all stock or option recommendations and should consider the source of any advice on stock or option selection. Various factors, including personal or corporate ownership, may influence or factor into an individual’s analysis or opinion. All investors are advised to conduct their own independent research into individual securities and investment strategies and consult personal advisors, including financial, legal and tax advisors, before making an investment decision.

Those involved with the preparation and distribution of InvestorsObserver content may have had in the past, currently hold, or may purchase in the future stock and/or options in companies discussed in this content. In addition, those involved with the preparation and distribution of InvestorsObserver content may have opinions that are inconsistent with, or reach different conclusions from, the information and material provided on the Services.

We are not compensated in any way for publishing information about companies mentioned in our reports or articles. Performance figures are based on actual trade ideas published by InvestorsObserver. Due to the time-critical nature of stock and options trading, brokerage fees, and the activity of other subscribers, InvestorsObserver cannot and does not guarantee that subscribers will mirror the performance stated on our track records or promotions. Performance numbers shown are based on trades subscribers could enter based on our tracking guidelines. Investors are cautioned that past performance is no guarantee of future price appreciation or depreciation.

Intellectual Property

Everything located on or in our Services is the exclusive property of InvestorsObserver/O2 Media, LLC or is being used with permission. InvestorsObserver/O2 Media is the copyright owner of all information contained in this Service (including, but not limited to, text, software, photos, video, and graphics), the selection, coordination, arrangement and enhancement of such content, as well as the infrastructure used to provide the Services, except as otherwise indicated. All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered that appear on the Services are proprietary to InvestorsObserver/O2 Media.  Other parties’ trademarks and service marks that may appear on the Services are the property of their respective owners. You may print a copy of the information contained herein for your personal use only, but you may not link to InvestorsObserver website, modify, copy, display, reproduce, or make derivative works from any information obtained from or through the Services or distribute the information to others or, without prior written permission of InvestorsObserver. Use or reproduction of information from this Service for any other purpose is expressly prohibited by law and may result in civil and criminal penalties. User shall not reverse engineer, reverse compile, disassemble or otherwise attempt to derive the source code to any InvestorsObserver software, technology, algorithm, process or technique. Violators will be prosecuted to the maximum extent possible.

Availability of the Services

You agree that from time to time we may modify or remove the Services, including any features therein, for indefinite periods of time and at any time, without notice to you.  While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time for any reason including, without limitation, routine maintenance.

Transmission of Information

Because we do not control the security of the Internet or other networks you use to access the Services or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with O2 Media and the Services while it is being transmitted. In addition, O2 Media is not responsible for any data lost during transmission.

Third-Party Websites

Links to third party websites through the Services, if any, are provided solely as a convenience to you.  O2 Media is not responsible for the content provided through these links.  We do not endorse, sanction, verify, or guarantee the accuracy or completeness of such content and we make no warranty as to the accuracy of any such information. O2 Media does not control and is not responsible for any third party websites, their content or their policies, including, without limitation, privacy policies or lack thereof.  O2 Media does not endorse or make any representations about third party websites or any information, software or other products, services, or materials found there, or any results that may be obtained from using them.  You acknowledge and agree that O2 Media is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, the use of or reliance on any such third party websites or links to third party websites.

Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE SERVICES.  INVESTORSOBSERVER, O2 MEDIA, ANY OF ITS EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, DO NOT WARRANT THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, (B) THE AVAILABILITY OR DELETION OF, OR FAILURE TO TRANSMIT, ANY USER CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SITE, (C) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE OFFERED THROUGH THE SITE OR (D) THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. INVESTORSOBSERVER/O2 MEDIA HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WITH RESPECT TO THE SITE AND ANY PRODUCTS, MERCHANDISE, OR SERVICES OFFERED THROUGH THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR ANY OF OUR EMPLOYEES, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR SERVICE, ARISING OUT OF THE CONTENT AND OTHER INFORMATION CONTAINED THEREIN OR IN THESE TERMS OF USE, OR YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE, ANY CONTENT OBTAINED FROM THE SITE, EVEN IF INVESTORSOBSERVER OR O2 MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF INVESTORSOBSERVER/O2 MEDIA FOR CLAIMS ARISING UNDER THE TERMS OF USE EXCEED TWO HUNDRED AND FIFTY DOLLARS (US$250.00).  SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOU ACKNOWLEDGE THAT INVESTORSOBSERVER/O2 MEDIA WOULD NOT PROVIDE ACCESS TO THE SITE IF NOT FOR THE FOREGOING LIMITATIONS, AND THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THE TERMS OF USE. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE TOS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Severability

If any provision of these TOS is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

Governing Law

Any disputes arising out of or related to the TOS and/or any use by you of the Services shall be governed by the laws of the Commonwealth of Virginia, without regard to its choice of law rules and without regard to conflicts of laws principles.  You submit and agree to the personal jurisdiction of the state and federal courts located in Virginia.

Acknowledgement and Agreement

Notwithstanding any other agreement or other communications between InvestorsObserver and Subscriber to the contrary, receipt or use of any material provided by InvestorsObserver, at any time and through any means, whether directly or indirectly, represents acknowledgement by such person of this disclaimer and agreement with its terms and conditions.

Contact Information

To contact InvestorsObserver about these TOS or to provide any other notice, send such notice via email to support@investorsobserver.com.

Updated: September 1, 2019