TERMS AND CONDITIONS of use for the the OVIAdvantage.com website and Screener Newsletters
The Website users must read these terms and conditions of use prior to their use
of this Website and Screener service.
Upon purchase of a license to use the OVIAdvantage application, a user's continuing
access or use of the Website signifies the USER'S ACCEPTANCE OF THESE TERMS AND
CONDITIONS FOR USE OF THE WEBSITE ("Terms"). From time to time, FlagTrader.com
Ltd reserves all rights to modify the Terms of the Website. Accordingly, a
user should continue to review the Terms whenever accessing or using the Website.
A user's access or use of the Website after the posting of modifications to these
Terms will constitute such user's acceptance of the Terms, as modified. If
a user refuses to accept the Terms, such user may not use the Website. Any
terms and conditions proposed by a user which are in addition to or which conflict
with these Terms are expressly rejected by FlagTrader.com Ltd and shall be of
no force or effect.
CONSENT TO TERMS AND CONDITIONS FOR USE.
You, as a Website user, represent that you have read,
understand, and agree to be bound by the Terms for the Website. You also agree
(a) that your use of the Website is subject to all applicable international, federal,
state, and local laws, (b) not to use the Website for illegal purposes, and (c)
not to interfere with or disrupt the Website or networks connected to the Website.
COPYRIGHTS, TRADEMARKS, SERVICE MARKS, AND PROPRIETARY
The design of, as well as the materials, content, text, graphics,
and information contained in, the Website ("Materials") are owned, licensed, and
controlled by FlagTrader.com Ltd or the party credited as the owner, licensor,
or provider of such Materials. The Materials on the Website, including, but
not limited to all menu pages, content, text, video, audio and graphics are protected
by copyrights, trademarks, service marks, and/or other proprietary rights and laws
of the United States and other countries. The Website is also protected as
a collective work or compilation under United Kingdom, United States copyright and
other laws. You agree to comply with all applicable copyright and other laws.
You may view, print and download one copy of the contents for your personal non-commercial
use, provided, you maintain all copyright, trademark and other notices contained
on the Materials. You may not otherwise copy, reproduce, alter, store either
in hard copy or in an electronic retrieval system, license, transmit, display, teach,
broadcast, create a derivative work from, publish, rent, sublicense, distribute,
or otherwise use in whole or in part in any other manner the Materials without FlagTrader.com
Ltd's prior written consent. Request for such consent must be
made in writing and should be mailed to FlagTrader.com Ltd, 73 Mendip Court,
Chatfield Road, London, SW11 3UZ, England; or you may send an e-mail message to:
Although the contents provided on the Website have been obtained
from sources believed to be reliable, they are provided to you on an "AS IS" basis.
FlagTrader.com Ltd makes no warranties, expressed, implied, or statutory including,
but not limited to, warranties of merchantability, fitness for a particular purpose,
accuracy, timeliness, completeness, or non-infringement to users and/or any third
party. You acknowledge that (a) the Materials are provided for general informational
and educational purposes only and are not intended for trading purposes, (b) that
FlagTrader.com Ltd does not guarantee the accuracy, completeness or timeliness
of the Materials provided on the Website or any linked website, and (c) that the
provision of certain portions of the Website is subject to the terms and conditions
of other agreements to which FlagTrader.com Ltd is a party. ACCORDINGLY,
TRADEFINDER.COM LTD, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES,
SUBSIDIARIES, AGENTS, AND ASSIGNEES (THE "COVERED PARTIES" SHALL NOT BE RESPONSIBLE
OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT
NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, LOST
PROFITS OR LOST OPPORTUNITIES, WHETHER OR THE COVERED PARTIES HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES FOR (a) ANY ERRORS OR OMISSIONS IN THE MATERIALS
OR OTHER RESOURCES AND DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THE MATERIALS;
(b) ANY DELAYS, ERRORS OR INTERRUPTIONS IN THE TRANSMISSION OF ANY INFORMATION;
(c) YOUR USE OF THE MATERIALS (REGARDLESS OF WHETHER YOU RECEIVED ANY ASSISTANCE
FROM A COVERED PARTY IN USING THE MATERIALS), OR (d) YOUR USE OF ANY EQUIPMENT IN
USING THE MATERIALS OR (e) LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY,
OR BY ANY REASON OF NONPERFORMANCE. THE FOREGOING SHALL APPLY REGARDLESS OF
WHETHER A CLAIM ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM
ARISING OUT OF OR RELATING TO THE MATERIALS SHALL NOT EXCEED THE AMOUNT OF THE PRICE
PAID FOR MEMBERSHIP TO THE APPLICATION. YOUR RIGHT TO MONETARY DAMAGES IN
THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST ANY
Options involve risk and are not suitable for all investors.
Prior to buying or selling an option, a person must receive a copy of Characteristics
and Risks of Standardized Options. This can be obtained from the Options Clearing
Corporation (1888-options), One North Wacker Drive, Suite 500, Chicago IL 60606.
Investors need a broker to trade options, and must meet suitability requirements.
The information on this Website is provided solely for general education and information
purposes and therefore should not be considered complete, precise, or current.
Many of the matters discussed are subject to detailed rules, regulations, and statutory
provisions which should be referred to for additional detail and are subject to
changes that may not be reflected in the Website information. No statement
within the Website should be construed as a recommendation to buy or sell a security
or to provide investment advice. The inclusion of advertisements on the Website
should not be construed as an endorsement or an indication of the value of any product,
service, or website. The Terms and Conditions of use for the OVIAdvantage.com
website govern use of this Website and use of this
The data contained in this Software requires dividend payments to be manually inputted
where appropriate by the user and should not be considered as a professional advice
to perform any specific investment. The calculations within the Application
are based on the Black-Scholes Options Pricing Model and FlagTrader.com Ltd shall
not be liable to any claim relating to the accuracy or validity of any calculations
or content on this Website. Simulated results and un-executed trades do not
represent actual trading and the results may under or over compensate for the impact,
if any, of certain market factors, such as lack of liquidity or inconsistent market
data. Simulated trading programs are generally designed with hindsight, whereas
real trading occurs without hindsight. No representation is made that any
account is or will be likely to achieve profits or losses similar to those shown.
The user of the Software shall solely be responsible for any action and/or investment
made based on the data and calculations contained in this Software and/or any other
use of the data and calculations of this Software. FlagTrader.com Ltd shall
not be liable for or accept any responsibility for damage of any kind that may be
caused by the use of this software and/or by the use of any data and/or information
contained in, generated by and/or granted by this Software. This software
is not to be used for third party training or teaching purposes such as seminars
or workshops without the express written consent of FlagTrader.com Ltd.
FlagTrader.com Ltd reserves the right to terminate any individual memberships
if any member is suspected of using the Application for any and such unauthorized
The calculations and rankings within the Screeners are based on mathematical formulae
and equations at the previous end of day's trading closing prices. The screener
is designed to rank trades for selected strategies based on yields and their associated
probabilities. Whilst we make every effort to filter only for liquid stocks
and options, the screener takes no account of Fundamental or Technical Analysis
and as such makes no claims as to the safety, timeliness or profitability of any
stocks selected within the searches. Simulated results and un-executed trades
do not represent actual trading and the results may under or over compensate for
the impact, if any, of certain market factors, such as lack of liquidity or inconsistent
data quotes. Simulated trading programs are generally designed with hindsight,
whereas real trading occurs without hindsight. No representation is made that
any account is or will be likely to achieve profits or losses similr to those shown.
Email support is provided on email@example.com.
You represent, warrant and covenant that: (a) you
have the power, competence and authority to enter into this agreement; (b) you are
at least eighteen (18) years old; (c) you shall not use any rights granted hereunder
for any unlawful purpose; and (d) you shall use the Website only as set forth in
You agree, at your expense, to indemnify, defend and hold
harmless FlagTrader.com Ltd, its officers, directors, members, employees, affiliates,
subsidiaries, agents, and assignees from any and all claims, suits, actions, or
other proceedings based on or arising in connection with the Website or any links
on the Website, including, but not limited to: (a) a violation of the Terms by you
or any other person using your computer (or account); (b) your use of the Website;
(c) a claim that any use of the Website by you or any other person using your computer
(or account) infringes any intellectual property rights of any third party, or any
right of publicity or privacy, is libellous or defamatory, or otherwise results
in injury or damage to any third party; (d) any deletions, additions, insertions
or alterations to, or any unauthorized use of, the Website by you or any other person
using your computer (or account); (e) any misrepresentation or breach of representation
or warranty made by you contained herein; or (f) any breach of any covenant or agreement
to be performed by you hereunder. FlagTrader.com Ltd's cooperation in such
defence is made without waiver of any attorney-client, work-product, or other legal
privileges. You agree to be responsible and liable for any and all costs,
damages and expenses, including, but not limited to, reasonable attorneys' fees
and costs awarded against or otherwise incurred by or in connection with or arising
from any such claim, suit, action or proceeding attributable to any such claim.
Quarterly subscribers may terminate the agreement
by giving a MINIMUM 1 month advanced notice in writing (including email to firstname.lastname@example.org) stating your USERNAME and
PASSWORD and by discontinuing the use of the Website and destroying all materials
obtained from the Website. FlagTrader.com Ltd may terminate the subscription
for access to the Website. The effective date of such termination shall be
ten days after the receipt of an appropriate notice of termination, unless a later
date is specified in the notice. These Terms will terminate immediately without
notice from FlagTrader.com Ltd if FlagTrader.com Ltd determines that you have
failed to comply with any provision of these Terms. FlagTrader.com Ltd
reserves the right to seek all remedies available at law and in equity for your
violation of these Terms. Upon termination by you or upon notice of termination
by FlagTrader.com Ltd, you must destroy promptly all Materials obtained from
the Website. Sections two through six (2 - 6) and eight through ten (8 - 10)
shall survive any termination of the Terms.
The Terms shall be governed and construed in accordance
with the laws of England and Wales.
If any provision of the Terms is found invalid or
unenforceable, that provision will be enforced to the maximum extent permissible,
and the other provisions of these Terms will remain in force.
Unless otherwise stated for specific offers, FlagTrader.com
Ltd operates a 30-day money back guarantee in respect of CD purchases only.
By returning the CDs you will no longer have access to paid areas of the OVIAdvantage
web site. Those quarterly subscribers who wish to terminate this Agreement
may do so by giving a MINIMUM 1 month advanced notice in writing (including email
stating your USERNAME and PASSWORD. FlagTrader.com Ltd reserves the right
to retain the quarterly fees due in respect of previous quarter's membership.
In any case our refund policy is at the discretion of management.
OVIAdvantage are trade marks (TM)
of FlagTrader.com Ltd. All rights reserved. Copyright © 2007-2008
The Terms and any other Flag Trader terms and conditions
for use of the Website, and its successor Websites, constitute the entire agreement
between you and FlagTrader.com Ltd and govern your use of the Website.
FlagTrader.com Ltd is committed to safeguarding your privacy online. Please
read the following statement to understand how your personal information will be
treated as you make full use of the Website. The Website is owned and operated
by FlagTrader.com Ltd under licence from the Anfield Partnership.
If you have any questions regarding our privacy statement, please feel free to contact
us by e-mail at email@example.com
Gathering of Information
FlagTrader.com Ltd does not collect personally identifying information about
any individual Website user except when knowingly provided by such individual.
A cookie is a data file that certain Web sites write to your computer's hard
drive when you visit such sites. A cookie file can contain information, such
as a user identification code, that the site uses to track the pages you have visited.
the Website and to allow you access to "member only" sections of the site.
We use this data on a strictly anonymous basis and we do not correlate this information
with personal data of any user.
Most Web site browsers automatically accept cookies, but you can usually change
your browser settings to display a warning before accepting a cookie, or to refuse
all cookies. However, if you choose to disable the receipt of cookies from
our Web site, you may not be able to use certain features of the site.
Browser Level Information
OVIAdvantage Web servers automatically collect information about a site
user's IP address, browser type and referrer by reading this information from the
user's browser (information provided by every user's browser). This information
is collected in a database and used--in an aggregated, anonymous manner--in our
internal analysis of traffic patterns within our Web site. This information
is automatically logged by most web sites.
Use of Information
OVIAdvantage is predominantly a subscription web site. In order to keep
subscription costs to a minimum we seek to attract paid advertisements on the site.
To attract and retain advertisers we use aggregated, anonymous information that
we gather (as well as information from third-party market researchers) to describe
our services to partners and to assist our advertisers and sponsors to better understand
our audience. This is essential to keeping our service at a low cost to our
users. We do not disclose personally identifying information about our users
to these parties.
Personally Identifiable Information collected by OVIAdvantage.com, Illuminati-Trader.com, OptionEasy.com, ManageYourTrade.com, YourGutFeeling.com may also be used for other purposes, including but not limited to site administration, troubleshooting, processing of e-commerce transactions, administration of sweepstakes and contests, and other communications with you. Certain third parties who provide technical support for the operation of our site (our Web hosting service for example) may access such information. We will use your information only as permitted by law. In addition, from time to time as we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets. We may also disclose your information in response to a court order, at other times when we believe we are reasonably required to do so by law, in connection with the collection of amounts you may owe to us, and/or to law enforcement authorities whenever we deem it appropriate or necessary. Please note we may not provide you with notice prior to disclosure in such cases.