Terms of Use

Terms of Use Agreement by San Jose Options, Inc.  

Last Updated April 6, 2016

This Agreement governs the “Terms of Use” between SAN JOSE OPTIONS, INC. (the “Company”) and YOU (the “Recipient”) with its principal business being of Option Trading Education and as of today (the “Effective Date”).

Option trading Involves Risk and Is Not Suitable for All Investors

Options trading has large potential rewards, but also large potential risks.   You must be aware of the risks and be willing to accept them as your own risks in order to invest in the options markets.  Don’t trade with money you can’t afford to lose.  This website and/or any of the San Jose Options, Inc. materials, whether digital or printed, or communication between our employees/directors and the customer, should not be construed as either a solicitation, recommendation, or an offer to buy or sell a security.  There are great risks when trading options.  We do not guarantee that we will point out every risk that exists with option trading because of the endless possibilities, human errors, software issues and omissions, incorrect data, and the fact that the stock market never does the same exact thing twice.  All markets are dynamic, and you must understand and accept that this means that risk is not absolutely predictable or predetermined.  Customers of our service must consider all relevant risk factors in their investments before ever trading options and exposing their personal financial situation to risk.

Membership Disclosure

Recipients may receive lifetime access to part but not all of Company’s products and services.  There will be a subscription fee to use some of our products and services, and we reserve the right to offer new products and services at any time.  Our prices may change at any time.  We reserve the right to update, amend, suspend and discontinue our materials in part or whole, including the availability of any portion of the content at any time, without notice or liability.  San Jose Options, Inc. may deny access to any user at any time for any reason, such as but not limited to, sharing of a log in and password, reproduction of our course, selling of our materials or violating our confidential agreements.  We do not guarantee delivery time or any amount of live classes, videos or any other services or products that we provide.

San Jose Options, Inc. may at any time transfer or assign its rights and obligations under this Agreement to any affiliate, subsidiary or business identity, or any of their affiliated companies or divisions, as well as any entity that acquires San Jose Options, Inc. or any of their assets.  If in the future San Jose Options, Inc. partners with another entity, then the membership may change, and the service may become dramatically different.  We do not guarantee any number of years that San Jose Options, Inc. will provide service to you; however, it’s our intention to remain in business for many years to come.

We Reserve the Right to Contact Clients

We reserve the right to contact our clients through telephone, email or slow mail.  By providing us with contact information, you grant us the right to contact you.

Financial Advisers, Investment Groups, Money Managers, Institutions, Professional Traders, Hedge Funds

Recipient is not a financial advisor, part of an investment group, or a money manager for anyone other than his or herself.  Any advisor, retired or active, cannot go through our retail training program(s).  Moreover, Recipients agree not to engage in advisory services or other asset management services using our strategies.  (Those managing money for more than one individual please contact us for professional licensing pricing.  The pricing schedule posted on www.sjoptions.com and www.sanjoseoptions.com is for one retail trader only or family household investing less than $500,000 U.S.)

Competing Businesses

Recipient is not a competitor or affiliated in any way with a competitor of Company and has no plans of engaging in business that competes with Company in the future.  If Recipient is a competitor or starts a competing business, Recipient agrees to identify his or herself and business to Company immediately and before accessing any of Company’s materials, classes or software.

Live Demo Agreement

Company does not provide demos to competitors.  If you are a competitor or affiliated with a competitor, you agree to notify us of your identity and affiliation before a demo begins.  Recipients who receive a demo from Company agree to Company’s NDA, Terms of Use and Disclaimer agreements.  No recording is allowed during our demos.

Promotional Offers May Not Be Combined

From time to time we offer special promotions and discounts.  Some of our advertisements may overlap by date, but we do not combine special offers.  Each promotion is unique and may not be combined with another.

Past Performance Does Not Guarantee Future Results

No representation is being made that any account will or is likely to achieve profits or losses similar to those advertised by Company.  The past performance of any trading system or methodology is not necessarily indicative of future results.  The stock markets, currency markets, futures markets and other markets you may invest in are all dynamic and never repeat themselves exactly.  Therefore, it is impossible for us to guarantee you future results even though we may have achieved positive results in the past.

Simulated Performance Disclaimer

Hypothetical and simulated performance results have certain limitations.  Simulated results, although they may be very similar to real trading, 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 or incorrect configurations in software.

Back Testing Disclaimer

Back tested results and simulated trading programs in general are subject to the fact that they are designed with the benefit of hindsight.  Back tested results do not guarantee future trading results.  All markets are dynamic and never repeat themselves the same.  Furthermore, we do not guarantee the accuracy of historical data.

All Information by San Jose Options, Inc. Is Provided “As Is”

All information within our service is obtained from sources believed to be accurate and reliable.  However, errors or omissions are possible due to human and/or mechanical error.  All information is provided “as is” without warranty of any kind. San Jose Options, Inc. and its information partners make no representations as to accuracy, completeness, or timeliness of the information on this site.

San Jose Options, Inc. Provides Education, Not Investment Advice

San Jose Options, Inc. does not provide investment advice.  The information provided by San Jose Options, Inc. is provided solely for general education, information and marketing purposes, and therefore should not be considered complete, precise, or current.  No element within Company’s advertising or within our classes, or within a conversation between the Company and Recipient or between Recipient and Recipient should be construed as a recommendation to buy or sell a security or to provide investment advice.  The San Jose Options, Inc. employees and/or officers are not licensed financial advisers or registered investment advisors. San Jose Options, Inc. provides education only and any communication between us and the Recipient does not constitute solicitation, recommendation or promotion to buy or sell or transact in any security.  All services and products provided by San Jose Options, Inc. including but not limited to the paper case studies, videos, course syllabus, manuals, forums, software, trade picks are for educational purposes only.

San Jose Options, Inc. Does Not Manage Your Money

San Jose Options, Inc. and its employees provide a service of education and software to the customer only.  On occasion we are asked to manage money for our customers.  We do not provide this type of service.  Please do not ask our employees to manage your money for you or with you.  We are not liable whatsoever for any claims that may arise from your trading account(s).  If you partake in this type of business with our employees, then we may revoke your membership or terminate their employment for violation of our company policies.  We are strictly in the business of providing education to self-directed investors who manage their own capital.

Liability Release

Each Recipient, student, client is responsible for his/her own trading decisions and actual trades made.  San Jose Options, Inc. is in no way responsible for any trade or any security bought or sold by any Recipient, employees or directors.  Recipients are also in no way responsible for any security bought or sold by another Recipient or the San Jose Options, Inc. staff or directors.  You are fully responsible for your own trading and investments.

Company’s Strategies Are Offered “As Is” and For Educational Purposes Only

San Jose Options, Inc. is a development course of unique and proprietary strategies.  Recipient must understand that since all of our trades are for study purposes only, we may intentionally leave them on through all market conditions in order to learn as much as possible about these trades.  We are constantly collecting data in order to improve our strategies.  This means some of our studies may intentionally be put through market conditions that cause them to lose money.  We do not recommend our users to follow our trades with real money.  The purpose of our paper case studies and trade picks service is for educational purposes only.  Furthermore, since our course foundation is on the innovation of new ideas, many of our strategies do not have lengthy historical trading records.  Therefore, each Recipient must understand and accept the risks involved in trading our strategies that do not have much historical past data available.  Even though they are mathematically much safer than the traditional option strategies, there is still risk involved which may be indeterminable due to dynamic markets.

Support Agreement

Support will be provided from our mentors and customer service through the Support Center only found on the student website.  Support will be provided for course materials purchased only.  Up to 3 messages in total per week is acceptable.  Abuse of our policy may result in delays of receiving an answer or no answer at all.  Company email addresses and telephone numbers are for sales only.  Abusing our Support Agreement may result in losing your support privileges.  There may be delays or omissions due to human or technical errors, illness, vacations, etc.  Although we do our best to respond to all inquiries within a reasonable amount of time, we are not responsible for any missed communication.

Optional Services

San Jose Options, Inc. may at any time offer optional products, subscriptions and services for additional fees such as but not limited to software and online tools, videos, manuals, trade picks, live online webinars, personal mentoring, live training seminars, books and other marketable items.

Violations of Our Agreements

We may revoke the membership without refund or take legal action against a Recipient / employee / director if we find the Recipient / employee / director is in violation of our “Non-Disclosure Agreement,” our “Disclaimer” or our “Terms of Use Agreement”.  If you do not agree to our Agreements, you may not use the services provided by San Jose Options, Inc.  These Agreements shall be governed by and construed in accordance with the laws of California without reference to conflict of law principles.  Any disputes under these Agreements may be brought in the state courts and the Federal courts located in Santa Clara County, California, and the parties hereby consent to the personal jurisdiction and venue of these courts.  You hereby agree that any cause of action you may have with respect to San Jose Options, Inc. must be filed in a federal or state court located in San Jose, California, within two (2) months of the time in which the events giving rise to such claim began, or you agree to waive such claim.

We may revoke the membership from a customer/employee/director at any time with no refund if we find the Recipient/customer/employee/director in violation of our “Non-Disclosure Agreement,” our “Disclaimer” or “Terms of Use Agreement”.  If you do not agree to our Agreements, you agree not to use the services provided by San Jose Options, Inc.  Our products are highly CONFIDENTIAL.

By sharing our proprietary strategies, trade secrets and/or Option Colors’ software innovations you may cause harm to the sales and growth of San Jose Options, Inc. and Option Colors, Inc.  Therefore, violations of our NDA Agreement and Terms of Use are taken very seriously.  A lawsuit may be brought against you for violation of our terms.

These Agreements shall be governed by and construed in accordance with the laws of California without reference to conflict of laws principles.  Any disputes under these Agreements may be brought in the state courts and the Federal courts located in Santa Clara County, California, and the parties hereby consent to the personal jurisdiction and venue of these courts.  This Agreement may not be amended except by a writing signed by both parties hereto. You hereby agree that any cause of action you may have with respect to San Jose Options, Inc. must be filed in a federal or state court located in San Jose, California, within two (2) months of the time in which the events giving rise to such claim began, or you agree to waive such claim.

Reproduction Notice

We do not permit Recipients or employees or independent contractors to copy our course, Option Colors’ software or communications in whole or part.  Reproduction of any of our emails, voice messages, any and all other materials, courses, strategies, software, adaptation thereof, distribution of, public display online or elsewhere, display for profit, or storage in any electronic storage media in whole or in part is prohibited under the penalty of law.  This includes all pre-sales correspondence as well.

Refund Policy

Our trading formulas are extremely valuable and have cost us hundreds of thousands of dollars to develop.  When you join our program, we share these trade secrets with you.  Once you view our intellectual property (IP), it’s impossible to return said IP to us, since you gain the knowledge through videos and manuals, and you retain this information.  Therefore, we do not refund your money unless we do not meet our guarantee as posted on our website.

If, after your log-in is provided to you, within 30 days you find that our options course does not meet our guarantee, you may request a full refund.  We do not issue refunds for technical issues, for software-related problems, for buyer’s remorse, or if the course is too advanced for you.  If you do not understand something, you agree to use our Support Center.

The 30-day window is not a “preview” period and shall not be construed as such; we provide this policy so you can be confident with your purchase knowing that we are what we advertise to be.  If you have any concerns before joining, it’s your responsibility to email, or call us for a free walk-through of our program to make sure our options course is for you.

For a refund to be granted all trades must be entered correctly into our software so we can validate your situation, including correct prices, dates, contracts and all relevant trade information.  We recommend each student to paper trade first until they fully understand our strategies.

We do not refund Personal Mentoring time and support.  $350 per hour will be retained by us for any mentoring sessions and support provided.

PAYPAL & SUBSCRIPTION SERVICES

We do not issue refunds for unused subscriptions to our services.  Subscriptions are managed by Paypal, and you can cancel them anytime in your Paypal account.  You agree to keep your email associated with your Paypal account current, so you will receive a receipt for each subscription payment.  We offer subscriptions such as trade picks, software, access to our student website as well as other services.

Payment Cancelation Policy

Any cancelation of payment after receiving our IP is fraud.  In event of a payment cancelation, we do take legal action, and we may file a police report for theft.  We take credit card chargeback fraud very seriously.  You agree not to join our program on misrepresentations.  In today’s world it’s too easy to copy IP through screen capture software, etc.  Payment cancelations may be placed into collections.

Membership Subscription

When your membership expires, you’ll have the option to continue receiving our services for a fee.  Prices may change at any time.  Some features may auto-renew as a subscription.  During checkout, Paypal clearly displays which services are subscriptions and which are not.

Brokerage Disclaimer

San Jose Options, Inc. is not affiliated in any way and does not recommend any broker. Recipient uses their brokerage entirely independent of San Jose Options, Inc. and agrees to the contracts provided by the corresponding brokerage in question. San Jose Options, Inc. is in no way is responsible for brokerage errors or software usage issues, margin issues or any other issues which may arise from using a broker or their software.

Testimonial Use Notice

San Jose Options, Inc. reserves the right to use correspondence from Recipients in part or whole for advertising purposes.  We agree not to use your complete name or give out any of your personal information without your consent.  We may use your true first name and the first initial of your last name, or we may change your name completely.  If you would like complete anonymity, then please contact us, and we’ll change your first and last name initial per request.

Bandwidth Usage Notice

San Jose Options, Inc. reserves the right to limit the bandwidth used by each member to a reasonable amount per day in efforts to offer a quality service to all clients.  If you reach your daily limit, then you may contact support to have your daily limit reset.  We will respond to your request as soon as we can.  Downloading our videos is prohibited and can interrupt the service of our clients by slowing our server.  Such acts will result in the immediate suspension or revocation of your account with no refund given.

Website Notice

The San Jose Options, Inc. websites are developed by and for San Jose Options, Inc. and are designed to be cross-browser compatible; however, our services may function differently from platform to platform.  For example, our flash videos may not play on an Apple iPad or on some cell phone browsers.  The websites are licensed to you by San Jose Options, Inc. pursuant to these Terms of Use and solely for the purpose of using the San Jose Options, Inc. service and for no other purpose whatsoever.  WE DO NOT WARRANT THE PERFORMANCE OF OUR WEBSITES, INCLUDING COMPATIBILITY.

Software Copy and Reproduction Notice

Software is provided by Option Colors, Inc.  Option Colors’ software development is HIGHLY CONFIDENTIAL.  You may not copy or reproduce the software, nor may you decompile, reverse engineer, disassemble, modify or create derivative works of any part of the software.  Any unauthorized use of the software is strictly prohibited, and Option Colors, Inc. reserves the right to discontinue access to the software at any time without prior or any notice.  Legal action may be taken for damages caused for any and all violations.

Agreement Updates Notice

San Jose Options, Inc. reserves the right to change our “Terms of Use”, “Disclaimer” and “Non-Disclosure” agreements at any time in its discretion and to notify users of any such changes solely by changing these Agreements.  Your continued use of San Jose Options, Inc. products after the posting of any amended Agreements shall constitute your agreement to be bound by any such changes.  The use of our service prior to the time these Agreements were posted will be governed according to the Agreements that applied at the time of your use.

By accessing this website you agree to the terms stated above in the “Terms of Use” agreement by San Jose Options, Inc.