Terms of Use

Terms of Use

Acceptance of Terms use….

Please read these Universal Terms of Use (“TOU”) carefully as they govern your access and terms use of this website (“Site”) and the products and services provided herein (“Service” or “Services”). These terms use (TOU) are in addition to (not in lieu of) any specific terms use and policies that apply to the Services you purchase or access through the Site, which terms use and policies are incorporated herein by reference. The terms use(TOU) and specific terms use and policies referenced herein are collectively the “Agreement”.
As used herein, “OptionsWest”, “OptionsWest.com”, “OptionsWest.net“, “Optionswest100.com”, OptionsWestPro”, “we”, “us”, “our” or “ours” refers to OptionsWest and its affiliates. “Customer”, “Account Holder”, “you”, “your” or “yours” refers to the customer accessing this Site and purchasing and using the Services together with any company or other business entity you are representing, if any.
We reserve the right to make changes to the Site, the Services and these terms use (TOU) at any time without prior notice to you. You should therefore review these terms use each time you access this Site to keep apprised of these changes. If you do not agree to the changes implemented by OptionsWest your sole and exclusive remedy is to terminate your relationship with us as a customer of the Services. Unless explicitly stated otherwise, any new features, terms use, or products that change, augment or enhance OptionsWest’ Service offerings will be subject to this Agreement.

Use of Site….

You are granted permission to access and use this Site and its Content (as defined below) for the sole purpose of preparing, evaluating, and purchasing OptionsWest’ products and Services through the Site. No other download, retention, use, publication, or distribution of any portion of the Content is allowed.
OptionsWest assumes no liability or responsibility for any inaccuracies, errors or omissions in any Content. OptionsWest also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, terms use of, or browsing on the Site or your downloading any materials data text or images from the Site.
You agree to use this Site and our products and Services in a responsible manner that is in compliance with these terms use (TOU) and your local laws and regulations, including export and import regulations. You agree that you will not use the Site or any of our products of Services to produce products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable or in breach of this Agreement. We reserve the right to terminate Your Account and suspend service to you for violations of this terms use section.
By accessing, using and placing orders on the Site, using any of our Services and/or electronically accepting any of our Agreements, you represent and warrant that you are at least 18 years of age and/or are otherwise recognized as being able to form legally binding contracts under applicable law, If you are agreeing to these terms use or any of our other Service Agreements on behalf of a corporate entity, you represent and warrant that you have the legal authority to similarly bind such corporate entity.
By accessing, using and placing orders on the Site, you warrant that you have all necessary permission, right and authority to do so and you authorize OptionsWest to produce the products you order. You also agree to be bound by these terms use (TOU), our Privacy Policy and to any additional related policies, guidelines, restrictions or rules that may be posted from time to time. All such additional posted guidelines, terms use, restrictions, or rules are incorporated herein by reference.
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except as required by terms use law and our Privacy Policy. Anything you transmit or post may be used by us or our affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, we are free to use, without limitation or restriction, any ideas, concepts, know-how or techniques contained in any communication you send to or through the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and Services using such information.

Your Account, Password, and Security….

In order to transact a purchase on the Site you must first complete our registration process where you will provide us with your billing and contact information (“Your Account”). You agree to provide and maintain accurate, current and complete Your Account information about you, and any entity on whose behalf you order products or Services.
You are responsible for maintaining the confidentiality of Your Account and are responsible for all activities that occur and orders that are placed under Your Account. You will immediately notify us of any unauthorized use of Your Account or any other breach of security, and ensure that you exit from Your Account at the end of each session. We may suspend or terminate Your Account upon notice to you in the event that we reasonably determine that Your Account has been involved in a violation of this Agreement. You will cooperate with us with respect to investigations by us of any suspected or alleged violation of this Agreement and any action undertaken by us to enforce this Agreement. You will be liable for the losses incurred by us or others due to any unauthorized terms use of Your Account. OptionsWest will not be liable for any loss or damage arising from your failure to comply with this section.

Notice….

We may provide communications and notices to you by means of a general notice on the Site or by email to the address on record in Your Account or by written communication sent by first class mail or prepaid post to your address on record. Such notice shall be deemed effective within forty-eight (48) hours of transmission by mail or within twelve (12) hours of transmission by email or by notice on the Site. You may withdraw your consent to receive electronic communications however doing so may also require that you discontinue your term use of the Services. You may provide notice to us by sending an e-mail to info@optionswest.com or by sending a written notice by first class mail or prepaid post to: Attention: Customer Service, OptionsWest 44 San Mateo, Rancho Santa Margarita, CA 92688. Such notice shall be deemed effective when received by us.

Third Party Information and Links to other Websites….

The Site and/or the Services may contain products, services, content, information and links to and from third party providers (such as advertisers and affiliates) and their websites (“Third Party Information”). You may be subject to additional and/or different terms, conditions, and privacy policies when using or accessing Third Party Information. OptionsWest is not responsible for, disclaims all liability for and makes no representations or warranties for Third Party Information. Although we do not have an obligation to do so, we reserve the right to pre-screen Third Party Information.

Intellectual Property….

You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided herein without our prior written permission. Except as noted otherwise in the text of the Site, the trademarks, logos, service marks, text, images and all other copyrightable materials displayed on the Site and available for use with the products or Services constitute intellectual property owned by OptionsWest or which OptionsWest has the right to use on the Site (the “Content”). Nothing herein grants you any license or right, by implication, estoppel or otherwise, to use any Content without our prior written permission. Unauthorized use of the Content or any other content on the Site is strictly prohibited. You acknowledge that Content is being provided merely as a convenience and accommodation to you on an “AS IS” basis without warranty of any kind.

Terms Applicable to Digital Content….

Some of our products may contain and some of our Services may provide you with images, photographs, templates, animations, video, audio, music, text, supplemental software, “applets,” and “online” or electronic documentation (together called the “Digital Content”). You may use, modify and publish the Digital Content in accordance with these terms. The copyright and all other intellectual property rights to the Digital Content shall remain with us or our licensors and you acknowledge that Digital Content may be used by other OptionsWest customers. If we notify you that certain components of the Digital Content may no longer be used (for whatever reason), then such components cannot be used as part of a web site design or template layout, nor can they be used in any other larger work. If you receive such notification, you agree to cease using and destroy all copies of those components of the Digital Content identified by us in your possession or control.
Permitted Uses. During the Term, you may incorporate Digital Content into your own original work and publish your work in a web site provided that the Digital Content is not able to be downloaded or saved by others.
Unauthorized Uses. You may not:
a. Use the Digital Content in web page design where the Digital Content is in a format designed or intended for storage or re-use by others;
b. Use or permit the use of the Digital Content or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Digital Content or any part thereof;
c. Use the Digital Content with images of identifiable individuals, products or entities in a manner that suggests their association with or endorsement of any product or terms use service;
d. Create scandalous, obscene, defamatory or immoral works using the Digital Content, nor use the Digital Content for any other purpose which is prohibited by terms use law;
e. Translate, reverse engineer, decompile, or disassemble the Digital Content or any Services;
f. Rent, lease, assign, transfer or redistribute the Digital Content or a copy thereof, to another person or legal entity; or
g. Use the Digital Content in a manner that violates this terms use Agreement.

Notice Specific to Documents on this Site….

You are granted permission to use documents provided on the Site such as white papers, data sheets and FAQs (“Documents”) provided that the content contained therein including any copyright notice is not altered or removed. Use of such Documents is for informational and non-commercial or personal use only and shall not be copied or posted on any network computer or broadcast in any media.

Purchases of Products and/or Services, Transfer of Title….

Prices are F.O.B. shipping point. This means that the risk of loss and title for products you order from us pass to you upon our delivery to the carrier. For any product that is to be provided to you in an electronic format, delivery shall be deemed to have occurred either (a) at the time we transmit the product via email or other electronic communication addressed to you, or (b) at the time we transmit a notification to you that the product is available for downloading from the Site.

Fees and Payments….

You agree to pay any and all fees and payments due for Services purchased at this Site at the time they are ordered. All fees and payments due are in U.S. dollars and are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term.
Unless otherwise stated, you may pay for Services by providing a valid credit card or ACH if available. You acknowledge and agree that it is your sole responsibility to modify and maintain Your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring that your credit card or ACH information is current and valid. Failure to do so may result in the interruption or loss of Services. OptionsWest will not be liable to you or any third party regarding these Services loss or interruptions. You must notify us of any billing problems or discrepancies within fifteen (15) days after they first appear on your credit card or bank account statement otherwise you waive any right to dispute any such discrepancy.
You acknowledge that OptionsWest may use the services of a third party to automatically update your credit card expiration date. These recurring billing or account updating programs “Billing Programs” are supported by your credit card provider (and are ultimately dependent on your bank’s participation). If you are enrolled in an automatic renewal option and we are unable to successfully charge your existing payment method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us.
If we are unable to charge your credit card or bank account for the full amount owed for the Services provided or if we incur a chargeback for any fee we previously charged to your credit card, you acknowledge that OptionsWest may pursue all available lawful remedies in order to obtain payment including, immediate cancellation without notice to you of any domain names or Services registered or renewed on your behalf.
OptionsWest reserves the right to charge you reasonable additional fees for, e.g. (i) service upgrades (one-time non-recurring charge) to be invoiced to you in the following billing cycle, (ii) tasks we may perform for your that are outside the normal scope of our Services, (iii) additional time and/or costs we may incur in providing our Services to you, and/or (iv) your noncompliance with this Agreement as determined by us in our sole discretion. These additional fees will be billed to the credit card or other payment method you have on file with us.
Some of OptionsWest’ Services offer an automatic renewal option that will automatically renew your service for a renewal period equal in time to the original service period. For example, if your original service period is for one year, your renewal period will be for one year. While the details of the automatic renewal option vary from Service to Service, the Services that offer an automatic renewal option treat it as the default setting. Therefore, unless you cancel prior to the automatic renewal, OptionsWest will automatically renew the applicable service when it comes up for renewal and will take payment from the payment method you have on file with us. Renewal fees will be charged at OptionsWest’ then-current rates.
OptionsWest expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications will be posted online at this Site or otherwise communicated to you using the information on file with us, and effective immediately without further notice to you. If you have purchased products or Services for a fixed time period, changes or modifications in prices and fees will be effective when the product or service in question comes up for renewal. If you find any pricing change unacceptable, you may cancel your Service subscription(s) and terminate your Customer Account however OptionsWest will not be obligated to refund any remaining portion of your pre-paid fees.
If a Service is offered with a special promotion price or period offered by us, you agree that all subsequent periods after the initial promotion period, will be billed at the then stated list price for the service.

Term and Termination….

The term and termination provisions of this Agreement and any applicable Services terms of use vary according to the Services selected by you when ordering and will be presented to you during the Services selection and ordering process OptionsWest reserves the right in its sole discretion to immediately terminate the Service for reasonable cause, including but limited to: (i) non-payment to us; (ii) failure to meet our credit requirements; (iii) non-compliance with any of the provisions of this Agreement or any Services terms of use; (iv) requests by law enforcement or other government agencies; (v) our ceasing to offer the Service; (vi) our inability to verify or authenticate any information you provide to us; or (vii) our conclusion, in our sole discretion, that your use of or access to the Service may result in liability to us. In the event of default by you, any and all payments required to be made to us by you shall be due and payable immediately. Termination of this Agreement shall not relieve you from any liability, including amounts owing, accrued prior to the time that such termination becomes effective.

Trial Offers….

Some of our Services are offered on a free or limited trial basis. Unless otherwise stated, limit one free or limited trial offer per person or entity during any one-year period. If you do not cancel your trial subscription during the offer period, we will charge the credit card you provided during the registration process of the applicable monthly subscription fee.

Disclaimer of Warranties….

The Site and the products and Services available via the Site are provided by term use on an “AS IS” and “AS AVAILABLE” basis. Therefore you understand that your use of the Site and the products and Services is at your sole risk. To the fullest extent permissible pursuant to applicable law, OptionsWest and its and their subsidiaries and affiliates and its and their officers, directors, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
OptionsWest and its affiliates and its and their officers, directors, employees, agents, partners and licensors do not warrant or make any representation regarding any content we provide including its availability, accuracy, spelling or grammar, or that your use or the results of your term use of our products or Services in terms of effectiveness, accuracy or reliability, will produce any guaranteed or stated result, meet your stated requirements or expectations or be provided in an uninterrupted, timely, secure or error-free manner. OptionsWest shall be permitted from time to time to interrupt any Service in order to provide maintenance affecting that Service.
We will replace any OptionsWest-manufactured product found to contain printing errors caused by OptionsWest or to be defective in workmanship or materials. While OptionsWest takes care in the manufacture of such products, it is commercially impossible to detect all errors and imperfections. Therefore, no other warranty is given, and all affirmations, samples or models made or shown are for illustrative purposes only. Please note that we do not proof orders created by you prior to processing and we cannot be responsible for spelling, punctuation, grammatical or design errors made by you, or for inferior quality of images uploaded by you. Therefore please preview your selections carefully and correct any mistakes prior to placing your order.

Limitation of Liablity….

OptionsWest is not responsible or liable in terms use for the deletion, correction, destruction, damage, loss or failure to store or maintain any of Your Account data or Your Content. OptionsWest and its affiliates and agents and its and their officers, directors, employees, agents, partners and licensors will not be liable to you for any special, direct (with respect to your use of the Site only) indirect, incidental, consequential, punitive, reliance or exemplary damages, including without limitation losses or liability resulting from (i) loss of data, loss of revenue, anticipated profits, or loss of business opportunity; (ii) the accuracy, completeness or content of the Site, Services or any Third Party Information, (iii) personal injury or property damages; (iv) any unauthorized terms use of or access to the Site, the Services, any of our servers including, without limitation, any User Content or data including personal and/or financial information stored thereon; (v) any interruption or cessation of Services related to the Site or third party sites; any viruses, worms, bugs or the like which may be transmitted to or from the Site of any third party site ; (vi) any User Content or conduct that violates our Acceptable Use Policy or any other applicable policy; (vii) any loss or damage of any kind resulting from your term use of, or inability to terms use, the Site or the Services made available through the Site or any act or omission by OptionsWest, even if advised of the possibility of such damages.
OptionsWest’ liability and your exclusive remedy related to non-performance of any Service shall be: (i) repair, replacement or adjustment of the product or Service, or (ii) where repair, replacement or adjustment is not practicable, an equitable credit not to exceed the charges invoiced to you for the portion of the product Service which were non-performing.
For any product or Service we provide to you, the aggregate liability of OptionsWest and its affiliates and agents and its and their officers, directors, employees, agents, partners and licensors, whether in contract, tort or any other theory, will not exceed an amount greater than the purchase price of the product or Service actually paid to OptionsWest. In states where the limitation or exclusion of liability or incidental or consequential damages is not allowed, the above limitations or exclusions may not apply to you. In such cases OptionsWest’ aggregate liability will be limited to the fullest extent permitted by applicable law. Any cause of action arising out of or related to the Site or the Services must be commenced within one (1) year after the cause of action arises or any such action will be permanently barred.

Indemnification….

You shall indemnify, defend and hold OptionsWest and its affiliates and its and their officers, directors, employees, shareholders, agents, affiliates, licensors and subcontractors harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable attorneys fees), arising out of or in connection with any claim, action or proceeding (collectively, “Claims”) arising out of or related to any act or omission by you in using the Site or any product or Service ordered via the Site including but not limited to your violation of the Agreements terms use or policies found on the Site or infringement of any third party proprietary rights by you.

Jurisdiction and Governing Law….

Unless otherwise noted in any applicable Agreement, this Agreement, the Services and all matters arising out of or relating thereto will be governed by the laws of the State of Minnesota without regard to its conflict or choice of law provisions. Any legal action or proceeding relating to this agreement or the provision of the products or Services offered via the Site will be brought in the state or federal courts located in California. You hereby submit to the jurisdiction of and agree that venue is proper in those courts in any such legal action or proceeding.

General Support Services….

OptionsWest shall not be responsible for failure or delay of performance if caused by an act of war, hostility, or sabotage, acts of God, electrical, internet, or telecommunication outage that is not caused by us, government restrictions (including the denial or cancellation of any export or other license), or other events beyond our reasonable control.
OptionsWest will provide you with phone support at no additional charge for technical questions and issues relating to your use of the Site.
You may contact our support services by dialing 949.690.9000 5 days per week during regular business hours or by emailing us at info@OptionsWest.com. Our mailing address is OptionsWest, 44 San Mateo, Rancho Santa Margarita, CA 92688.
All sections of this Agreement which, by their nature, should, shall survive termination including payment, indemnity and the disclaimers of warranty and limitations of liability.

Revenue Disclaimer

Revenue Disclaimer…

I do make use of affiliate links (see below) on this site and in my newsletter. You should assume that when you click on any external link I provide within this site that I may earn some income.

It doesn’t cost you any more to use my links and I will provide whatever discounts are available at the time as long as I am provided the discount. The discount may be a promotion that an entity (such as Udemy) is running. In this case you will find it in the Promotions section of the site. The discount may be provided to me by one of my guests. I will include these types of discount links in communications to clients.

Additionally, I do advertise my own courses on this and other sites.

Website Disclaimer…

The information contained in this website is for general information purposes only. The information is provided by OptionsWest and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of OptionsWest. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, OptionsWest takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Earnings Disclaimer…

When addressing financial matters in any of our Sites, videos, newsletters or other content, we’ve taken every effort to ensure we accurately represent our programs and their ability to improve your investing. However, there is no guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and we do not purport any “get rich schemes” on any of our Sites. Nothing on our Sites is a promise or guarantee of earnings. Your level of success in attaining similar results is dependent upon a number of factors including your skill, knowledge, ability, dedication, business acumen, network, and financial situation, to name a few. Because these factors differ according to individuals, we cannot and do not guarantee your success, income level, or ability to earn revenue. You alone are responsible for your actions and results in life and business. Any forward-looking statements outlined on our Sites are simply our opinion and thus are not guarantees or promises for actual performance. It should be clear to you that by law we make no guarantees that you will achieve any results from our ideas or models presented on our Sites, and we offer no professional legal, medical, psychological or financial advice.

Warranty Returns Policy

Successful Investor Series Course…

If you realize within the first 30 days that this course of instruction is not something that is going to be a benefit, you may request a full refund of the course tuition. After 30 days you may request a 50% refund. All course materials must be exchanged for your refund in accordance with the terms use.

Weekend Course and Advanced Course…

If you realize within the first day of instruction that this course of instruction is not something that is going to be a benefit, you may request a 75% refund of the course tuition. After the first day you may request a 50% refund.  All course materials must be exchanged for your refund according to the terms use.

Investing Disclaimer

Investing Disclaimer Details…

There is a significant degree of risk trading in the stock and options markets. It is possible to lose money that is invested in these markets. The methods and techniques presented in this course may be profitable or they may result in a loss. Past performance is not necessarily indicative of future results and your performance may or may not achieve the rates of return demonstrated in this course. The stock examples used in this course are for educational purposes only and are not recommendations.

This course is sold with the understanding that OptionsWest and it’s principles, employees, contractors and instructors are not engaged in providing legal, accounting or other professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought. Although every precaution has been taken in the preparation of this course and it’s materials, OptionsWest assumes no liability for errors and omissions. This course is purchased without warranty of any kind, either expressed or implied. Furthermore, neither the principles, instructors, contractors, nor employees of OptionsWest shall be liable for any damages, either directly or indirectly arising from the  terms use or misuse of the materials and information presented in this course.

There is No Guarantee that you will Make Money…

YOU UNDERSTAND AND AGREE THAT: (I) THERE IS NO GUARANTEE THAT YOU WILL SAVE OR MAKE ANY MONEY USING THE RESOURCES OR METHODOLOGIES THAT WE HAVE DESCRIBED IN THESE CLASSES OR IN THE MATERIALS OR THE WEBSITE; (II) THOUGH THE TESTIMONIALS ARE FROM REAL PEOPLE WHO HAVE USED AND BENEFITED FROM OUR MATERIALS, EACH TESTIMONIAL REFLECTS UNIQUE CIRCUMSTANCES THAT MAY NOT BE APPLICABLE TO YOUR SITUATION (III) EXAMPLES IN THESE MATERIALS WE DISCUSS ARE NOT TO BE INTERPRETED AS A PROMISE, WARRANTY OR GUARANTEE THAT YOU WILL SAVE OR MAKE MONEY BY USING OUR MATERIALS AND (IV) THE ACTUAL FINANCIAL BENEFIT YOU EXPERIENCE, IF ANY, IS BASED ON FACTORS OUTSIDE OF OUR CONTROL.

YOUR LEVEL OF SUCCESS IN ATTAINING THE RESULTS CLAIMED IN OUR MATERIALS OR THE SITE DEPENDS ON THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES MENTIONED, YOUR FINANCES, KNOWLEDGE AND VARIOUS SKILLS AND OTHER FACTORS BEYOND OUR CONTROL. SINCE THESE FACTORS DIFFER ACCORDING TO INDIVIDUALS AND ARE BEYOND OUR CONTROL, WE CAN NOT AND DO NOT GUARANTEE OR WARRANTEE YOUR SUCCESS, NOR ARE WE RESPONSIBLE FOR ANY OF YOUR ACTIONS.

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