Please read these Terms of Service before using the Site (as defined below). By continuing to use the Site, you agree to abide, and that you are bound, by these Terms of Service. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF SERVICE, YOU MUST IMMEDIATELY DISCONTINUE ANY USE OF THE SITE. We reserve the right to change these Terms of Service at any time, and you agree (including by virtue of your continued use of the Site) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality that augment or enhance the Site shall be subject to these Terms of Service. The most current version of these Terms of Service can be viewed at any time at: www.spxgamma.com/legal/terms-and-conditions.
SPXGamma (“we”, “our”, or “SPXGamma”) operates a website, www.spxgamma.com, through which it provides an online dealer option positioning tool, including educational resources and information (hereinafter the “Site,” “Services,” or “Site and Services”). This website includes subscription tiers behind a paywall as follows: SPXGamma Legacy; SPXGamma Basic; SPXGamma Pro; and SPXGamma Live (collectively referenced as “SPXGamma”). By accessing, browsing, or using the Site, or by using or purchasing the Services, you are a “user” of the Site and Services, and acknowledge that you have read, understand, and agree to be bound by these terms for using the Site and Services (the “Terms of Service”). The Terms of Service grant you a limited, revocable, nonexclusive license to access the Site and Services and use the Site and Services, in whole or in part, including but not limited to SPXGamma’s intellectual property therein, solely in compliance with the
SPXGamma may post changes to the Terms of Service at any time, and any such changes will be applicable to all subsequent access to or use of the Site and Services. If you do not accept and agree to all provisions of the Terms of Service, now or in the future, you may reject the Terms of Service by immediately terminating all access and use of the Site and Services, in which case any continuing access or use of the Site and Services is unauthorized. By using the Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Service to which you are bound.
The material provided on the Site is protected by law including, but not limited to, United States copyright law, trademark law, and international treaties. All intellectual property in the content of the Site is owned by SPXGamma, and nothing herein or included in the Site’s material shall be construed as a grant from SPXGamma of a license to any copyrights, trademarks, patents, or any other intellectual property rights.Except as otherwise authorized by the Terms of Service, none of the Site content may be copied, reproduced, distributed, republished, downloaded, displayed, modified, exploited, entered into a database, reverse engineered, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopy, recording, or otherwise, without the prior written permission of SPXGamma. Permission is granted for you to display, copy, distribute, and download the materials from the Site ONLY for personal, non-commercial use, provided that you do not modify the materials, you retain all copyright and other proprietary notices contained in the materials, and you agree to abide by all additional copyright notices or restrictions contained in any material accessed through the Site. You hereby acknowledge that you are prohibited from transmitting, showing, displaying, or presenting the content, ideas, trademarks, or language contained on or within the Site or Services in any way to any other individual, entity, or third party or conduct any educational services based thereupon. The permission to use the Site and Services for personal, non-commercial use terminates automatically if you breach any of the Terms of Service. At termination of the permissions of use by SPXGamma for any reason, you acknowledge and agree to destroy any and all copies of the Site and Services you possess in any format, including in electronic format. You also may not, without SPXGamma’s permission, “mirror” any material contained on the Site on any other server. Any unauthorized use of any material contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
To maintain the integrity and functionality of the Site and Services for users, access to the Site and Services or activities related to the Site and Services that are harmful to, inconsistent with, or disruptive of the Site and Services or users’ beneficial use and enjoyment of the Site and Services are expressly unauthorized and prohibited. For example, without limitation:
a. The collection of the Site and Services users’ personal information (including but not limited to email addresses and IP addresses) is not allowed for any purpose.
b. Any copying, aggregation, display, distribution, performance, or derivative use of the Site and Services or any content posted on the Site and Services, both public-facing and behind the subscriber access paywall, whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes, or RSS feeds) is prohibited. As a limited exception, general-purpose Internet search engines and noncommercial public archives will be entitled to access the Site and Services without individual written agreements executed with us that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant website, service, forum, or content; (b) they access the Site and Services from a stable IP address using an easily identifiable agent; and (c) they comply with our robots.txt file; provided, however, SPXGamma may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to access the Site and Services without their own written agreement executed with us), at any time and in our sole discretion, upon written notice, including, without limitation, by email notice.
c. Any access to or use of the Site and Services to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute, or otherwise make available any program, application, or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of, or interoperation with the Site and Services (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies, but is not limited to, software, programs, applications, and services for use or operation on or by any computer or any electronic, wireless, or mobile device, technology, or product that exists now or in the future.
d. Any effort to decompile, disassemble, or reverse engineer all or any part of the Site and Services in order to identify, acquire, copy, or emulate any source code or object code is expressly prohibited.
e. Any activities (including but not limited to posting voluminous content) that are inconsistent with use of the Site and Services in compliance with the Terms of Service or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio, or quality of all or any part of the Site and Services in any manner are expressly prohibited.
f. Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause, or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of the Terms of Service.
g. If you access the Site and Services or copy, display, distribute, perform, or create derivative works from the Site and Services webpages or SPXGamma’s intellectual property in violation of Part 3 of the Terms of Service or for purposes inconsistent with the Terms of Service, your access, copying, display, distribution, performance, or derivative work is unauthorized. Circumvention of any technological restriction or security measure on the Site and Services or any provision of the Terms of Service that restricts content, conduct, accounts, or access is expressly prohibited. For purposes of this paragraph, you agree that cached copies of our webpages on your computer or computer server constitute “copies” under the Copyright Act, 17 U.S.C. § 101. For purposes of this paragraph, you further agree that CAPTCHAs and telephone verification are “technological measures” that effectively control access to copyright-protected components and our intellectual property rights pursuant to 17 U.S.C. § 1201.
The Terms of Service are effective unless and until terminated by us. SPXGamma reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, Services, or any part thereof with or without notice to you. You agree that SPXGamma shall not be liable to you or any third party for any such modification, suspension, or discontinuance of the Site or Services. In addition, SPXGamma reserves the right to terminate your access to the Site for any reason, and to take any other actions that SPXGamma, in its sole discretion, believes to be in the interest of itself and its users as a whole.
You agree to indemnify, defend, and hold SPXGamma, its members, owners, employees, contractors, representatives, affiliates, successors, predecessors, assigns, heirs, service providers, and suppliers (together referred to herein as “SPXGamma”), harmless from and against all claims, actions, demands, losses, expenses, liabilities, settlements, damages, and costs relating to or arising out of: (a) your use of or reliance on any Site content or the Services; (b) your use of third-party content accessed via the Site; and (c) any violation by you of the Terms of Service. This indemnification obligation includes payment of any attorneys’ or accountants’ fees and costs incurred by SPXGamma or its representatives. SPXGamma reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of these claims.
THE USER RECOGNIZES THAT ALL INFORMATION CONVEYED VIA THE SITE OR SERVICES IS THE PRODUCT OF THE PERSONAL EXPERIENCES AND KNOWLEDGE OF LAYPEOPLE. THE USER FURTHER RECOGNIZES AND ACKNOWLEDGES THAT THE PRODUCERS, AGENTS, REPRESENTATIVES, AND OWNERS OF SPXGAMMA AND CREATORS OF THE SITE’S AND SERVICES’ CONTENTS DO NOT POSSESS ANY PROFESSIONAL CERTIFICATIONS OR TRAINING IN THE AREA OF PERSONAL FINANCE AND ARE NOT FINANCIAL PLANNERS, ANALYSTS, OR ACCOUNTANTS. SPXGAMMA DOES NOT GUARANTEE ANY FINANCIAL OUTCOMES FOR SITE USERS AND DISCLAIMS ANY AND ALL LIABILITY RELATING TO USER OUTCOMES AS A RESULT OF USERS’ ACCESS OR USE OF THE SITE AND SERVICES’ CONTENTS. USERS ASSUME ANY AND ALL RISKS ASSOCIATED WITH USE OF THE SITE AND SERVICES AND HEREBY INDEMNIFY SPXGAMMA AGAINST ANY AND ALL LIABILITY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR FINANCIAL LOSSES, INCREASES IN PERSONAL DEBT, OR UNSUCCESSFUL ACHIEVEMENT OF FINANCIAL GOALS.INFORMATION ON THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE MATERIALS CONTAINED ON THE SITE ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS. SPXGAMMA DOES NOT MAKE ANY REPRESENTATIONS, NOR DOES IT ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR CONTENT DISPLAYED, UPLOADED OR DISTRIBUTED ON THE SITE OR AVAILABLE THROUGH LINKS ON THE SITE.SPXGAMMA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; ANY FAILURES, DELAYS, MALFUNCTIONS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE SITE; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE SITE; OR ANY CONDUCT BY USERS OF THE SITE, EITHER ONLINE OR OFFLINE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SITE CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE, INCLUDING, WITHOUT LIMITATION, TO ACHIEVE A PARTICULAR RESULT, INCLUDING, WITHOUT LIMITATION, OBTAINING FINANCIAL GAIN.SPXGAMMA IS NOT RESPONSIBLE FOR THE FUNCTIONALITY, AVAILABILITY, OR SECURITY OF THIRD-PARTY HOSTING WEBSITE SERVICES. THE USER ACKNOWLEDGES THAT SPXGAMMA HAS NO CONTROL OVER SUCH SERVICES AND HOLDS SPXGAMMA BLAMELESS FOR ANY LAPSE IN FUNCTIONALITY, BREACH OF SECURITY, OR UNAVAILABILITY OF THE WEBSITE, CONTENTS, OR SERVICES, OR INTERRUPTION OF ACCESS TO SPXGAMMA SITE OR SERVICES AS A RESULT OF ANY SITE’S MALFUNCTION OR INOPERABILITY. THE USER FURTHER ACKNOWLEDGES AND AGREES THAT SPXGAMMA SHALL NOT BE 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 CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH SUCH EXTERNAL SERVICES.SPXGAMMA IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THE SITE. BECAUSE SPXGAMMA HAS NO CONTROL OVER SUCH SERVICES, THE USER ACKNOWLEDGES AND AGREES THAT SPXGAMMA IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SERVICES, AND THAT SPXGAMMA DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SERVICES. THE USER’S USE OF THIRD-PARTY WEBSITES IS AT THE USER’S OWN RISK AND SUBJECT TO THE TERMS AND CONDITIONS OF USE FOR SUCH SITES. THE USER FURTHER ACKNOWLEDGES AND AGREES THAT SPXGAMMA SHALL NOT BE 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 CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH SUCH EXTERNAL SERVICES.
UNDER NO CIRCUMSTANCES SHALL SPXGAMMA BE LIABLE (JOINTLY OR SEVERALLY) TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, INCREASE IN DEBT, LOSS OF PROGRAMS, LOSS OF USE, DATA, OR PROFIT, ON ANY THEORY OF LIABILITY INCLUDING BUT NOT LIMITED TO NEGLIGENCE, ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE AND SERVICES OR CONTENT ACCESSED THROUGH THE SITE AND SERVICES, OR ANY INTERACTIONS WITH OTHERS ARISING OUT OF OR RELATED TO THE SITE AND SERVICES OR CONTENT ACCESSED THROUGH THE SITE, EVEN IF SPXGAMMA OR ANY SPXGAMMA REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT SHALL THE TOTAL LIABILITY OF SPXGAMMA EXCEED ONE HUNDRED DOLLARS ($100), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT OR OTHERWISE, AND EVEN IF SPXGAMMA HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree that any material, user comments, feedback, and ideas that you transmit to the Site or otherwise provide (“Transmissions”) shall be and remain SPXGamma’s property. All Transmissions will be treated as non-confidential and non-proprietary, and we shall be under no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the Transmissions to others without limitation. Additionally, we shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purposes whatsoever, including but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that we may use information about your demographics and use of the Site in any manner that does not reveal your identity.In addition, you agree, and are hereby put on notice, that you are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.
SPXGamma reserves the right to disclose any personal information about you or your use of the Site and Services, including but not limited to its contents, without your prior permission if SPXGamma possesses a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend SPXGamma’s rights and property or our affiliated companies; (3) enforce the Terms of Service; or (4) act to protect the interests of Site users or others. SPXGamma’s performance of the Terms of Service is subject to existing laws and legal process, and nothing contained in the Terms of Service is in derogation of SPXGamma’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site and Services or information provided to or gathered by SPXGamma with respect to such use.
Site and Services access to SPXGamma shall be managed by a third-party payment provider. At any time, you may choose to subscribe to a different tier of SPXGamma. Upgrades are immediate and proportional for active users. Downgrades and cancellations will occur at the end of the billing cycle.In the event that a Service is listed at an incorrect price due to typographical error, or error in pricing information received from others, we retain the right to refuse or cancel any orders placed for Services listed at the incorrect prices. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
a. General. SPXGamma is based in Spokane, Washington, in the United States of America. SPXGamma makes no claims that the content of the Site is appropriate or lawful outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The Terms of Service shall remain in effect indefinitely and shall survive any breach by any party.
b. Age Restrictions. You must be at least eighteen (18) years old to use the Site. If you are under eighteen (18) years old, then you must have permission from a parent or legal guardian to use the Site. SPXGamma has no intention of collecting personal information from individuals under the age of eighteen (18).
c. Electronic Communications. When you use the Site and Services, or send e-mails to SPXGamma, you are communicating with SPXGamma electronically and you consent to receive communications from SPXGamma electronically. SPXGamma will communicate with you by e-mail or by posting notices on the Site and Services. You agree that all agreements, notices, disclosures, and other communications that SPXGamma provides to you electronically satisfy any legal requirement that such communications be in writing.
d. Severability. If any one or more of the provisions (or portions thereof) of the Terms of Service shall for any reason be held by a final determination of a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions (or portions of the provisions) of the Terms of Service, and the invalid, illegal, or unenforceable provision shall be deemed replaced by a provision that is valid, legal, and enforceable and that comes closest to expressing the intention of the parties.
e. Waivers. The failure of any party to seek redress for violation of or to insist upon the strict performance of any covenant or condition of the Terms of Service shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.
f. Governing Law; Jurisdiction. The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Washington, without regard to its conflict of laws provisions. You hereby expressly submit and consent to the personal and exclusive jurisdiction of the federal and state courts located in Spokane County, Washington. EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THE TERMS OF SERVICE OR ANY OTHER MATTERS INVOLVING THE PARTIES HERETO.
g. Attorneys’ Fees. The prevailing party in any lawsuit or other proceeding regarding the Terms of Service shall be entitled, in addition to other costs and damages, to reasonable attorneys’ fees and litigation expenses.
h. Assignment. The Terms of Service, and any rights you may have under them, may not be assigned or transferred. SPXGamma may freely assign the Terms of Service to any third party.
i. Headings. All headings used in the Terms of Service are intended for convenience of reference only and shall not affect the construction or interpretation of the Terms of Service. Words of any gender used in the Terms of Service shall be held to include any other gender, and words in the singular shall be held to include the plural when the sense requires.j. Entire Agreement. The Terms of Service constitute the entire agreement between the parties and supersedes all previous agreements on this matter. There are no other written or oral agreements, representations, or understandings with respect to the subject matter of the Terms of Service.