Terms Of Service

TERMS OF USE (“Terms”)

Please read the following Terms carefully before using Volsage LLC’s (“Volsage”, “our” or “we”) website and software, including but not limited to the volsage.com website or any subdomains thereof, the Volsage Options Content Service (“software”, “Online Service”) as well as any online features and other services and/or programs offered by Volsage. By accessing or using our website or software (collectively referred to as the “website”), you agree to the following Terms. You should review these Terms regularly as they may change at any time at the sole discretion of Volsage. If you do not agree to any portion of these Terms, you should not access or otherwise use the website or software. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from our website or software.

We currently offer two versions of the Online Service: Volsage Real-Time Options Content Service and Volsage Delayed Options Content Service.

Volsage Real-Time Options Content Service currently includes up-to-date statistics and analysis of all US listed option flow in a given trading session, and a customizable, real time US listed option market block trade monitor. This is a paid service, and requires credentials for access.

Volsage Delayed Options Content Service is a version of the Volsage Real Time Options Content Service delayed by 15 minutes. This service is freely accessible by anyone on our website.

The Online Service can be changed at any time at the sole discretion of Volsage LLC.

We will make an effort to update this page with any changes to these Terms and/or to the services described herein. You are encouraged to review these Terms frequently.

Terms related to online access that you have with Volsage are set forth herein.

1. CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS. By merely providing access to the software, Volsage does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) Volsage has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) the Content does not infringe on the intellectual property rights of any third party; (e) the Content is free from changes caused by a third party; (f) your access to the website or software will be free from delays, interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the website or software is accurate, timely or complete. Your use of the website or software and the services offered therein are subject to federal law, the law of the state where Volsage maintains your Account, or, if Volsage transfers your Account to another location, where Volsage currently maintains your Account (“Applicable Law”).

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE WEBSITE OR SOFTWARE IS NOT INTENDED FOR CHILDREN UNDER 13.

2. SITE USE AND CONTENT. You may view, copy or print pages from the software solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the website or software without the express, prior, written consent of Volsage. At any time, we may, without further notice, make changes to the website or software, to these Terms and/or to the services described in these Terms.

3. Restrictions of Use. User shall not edit, alter, abridge or otherwise change in any manner the content of the Online Service, including, without limitation, all copyright and proprietary righ­­ts notices. Subscriber may not, and may not permit others to:

(a) reverse engineer, decompile, decode, decrypt, disassemble, or in any way derive source code from, the software or Online Service;

(b) modify, translate, adapt, alter, or create derivative works from the Online Service;

(c) copy, distribute, publicly display, transmit, sell, rent, lease or otherwise exploit the Online Service; or

(d) distribute, sublicense, rent, lease, loan or grant access to or use of the Online Service to any third party.

4. FREE TRIAL. If you sign up for a free trial at our website, we will authenticate your identity and contact information. Volsage Real-Time Options Content Service is not intended for the non-professional user. We reserve the right to deny a free trial solely in our discretion. You will be sent sign-in credentials only if you are approved for a free trial.

5. USER ACCOUNT, PASSWORD, SECURITY AND ELECTRONIC ACCOUNT SERVICES.

(a) ONLINE ACCOUNT ACCESS. For certain types of features available through the website or software, including the Volsage Real-Time Options Content Service (the “Real-time Service”), we require the use of encryption technologies provided for your protection and/or your use of a user identification name (“UserID”) and password after setting up a user account (“User Account”). You may never use another person’s User Account and/or UserID.

(b) USER ACCOUNT AND PASSWORD. We use reasonable precautions to protect the privacy of your UserID, password and User Account information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your UserID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the website. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You are required to take reasonable precautions to safeguard your UserID and password. You agree to never leave your computer unattended while using the Real-time Service and to always exit the Real-time Service by clicking on “Sign Out.” You also agree to immediately notify Volsage of any unauthorized use of your UserID, password and/or User Account, or any other breach of security by using the “contact us” function, or through the online message center (if available). You are solely responsible for any activity that occurs with respect to your User Account and UserID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.

(c) RELIANCE BY VOLSAGE. You authorize Volsage to rely on your UserID and password to identify you when you use the Real-time Service, and as signature authorization for any payment made using the Real-time Service.

(d) SECURITY. Volsage is committed to protecting the security and confidentiality of information about you and your User Account. Volsage uses, and may in the future use, several different security methods to protect your Account and User Account information.

(e) ELECTRONIC COMMUNICATION.

(i) Email and Online Message Center. When you enroll in the Real-time Service, you must designate a primary email address that will be used for receiving electronic communication. To the extent that Volsage maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by Volsage for providing you notices pursuant to these Terms, as required by Applicable Law (as permitted) or generally regarding your Account(s) with Volsage. Volsage will NEVER send you email requesting confidential information such as Bank Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from Volsage, do not respond to the email and notify Volsage by using the “contact us” feature.

(ii) Usage of Electronic Communication. By your enrollment in the Real-time Service, you agree to receive these Terms and any disclosures or notices required by Applicable Law and all other communications electronically to the email address you designate in your account profile. You also agree that Volsage may respond to any communication you send to Volsage with an electronic communication, regardless of whether your original communication with Volsage was an electronic communication. Any electronic communication Volsage sends to you will be considered received within 5 calendar days of the date such communication is sent by computer servers utilized by Volsage to the email address you designate in your account profile or posted to Volsage’s online message center (if applicable). To the extent permissible under Applicable Law, any electronic communication you send to Volsage will not be effective until Volsage has had a reasonable opportunity to act on the electronic communication. You should not rely on electronic communication if you need to communicate with Volsage immediately and, in no event, should your sole method of communication with Volsage regarding any emergency be by electronic communication. Volsage may require you to provide written confirmation of any verbal or electronic notice of alleged error by Volsage.

6. DISCLAIMERS.

(a) NO WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE, THE ONLINE SERVICE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. VOLSAGE PROVIDES THE WEBSITE AND THE SOFTWARE ONLINE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND VOLSAGE MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE ONLINE SERVICE, THE SOFTWARE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN TIMELY, UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEBSITE, THE ONLINE SERVICE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEBSITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. VOLSAGE DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND/OR THE ONLINE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT VOLSAGE SHALL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AND/OR THE ONLINE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

(b) INDEMNIFICATION. You agree to defend, indemnify and hold Volsage and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Volsage, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.

7. LIMITATION OF LIABILITY. VOLSAGE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SOFTWARE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE SHALL BE YOUR CESSATION OF USE OF THE VOLSAGE WEBSITE AND SOFTWARE. IN NO EVENT WILL VOLSAGE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE SOFTWARE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS VOLSAGE’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. VOLSAGE LIABILITY TO PAID SUBSCRIBERS IS LIMITED BY THE VOLSAGE AGREEMENT FOR PAID SUBSCRIBERS.

8. PRIVACY. Personal data that you provide regarding yourself will be handled in accordance with Volsage’s Privacy Policy.

9. NOT FINANCIAL OR INVESTMENT ADVICE. You understand that any information provided by Volsage on its website is intended for informational purposes only and is not intended to recommend any particular investment or trade. Volsage and its software does not provide financial or investment advice. You are advised to always use your own judgment in using or interpreting the data from Volsage. You are entirely responsible for any profits/losses resulting from decisions that you make based on any information found on Volsage’s website. Volsage is not responsible for any financial gains or losses or any associated tax liability that you may incur by using or interpreting the content offered by Volsage on its website.

10. THIRD PARTY CONTENT. Volsage may provide hyperlinks to other websites maintained by third parties, or Volsage may provide third party content in the software. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER VOLSAGE’S CONTROL AND VOLSAGE IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD-PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

11. COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the website are Volsage’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. Volsage is the copyright owner or authorized licensee of all text and all graphics contained on the website. All trademarks and service marks of Volsage that may be referred to on the website are the property of Volsage. Other parties’ trademarks and service marks that may be referred to on the website or software are the property of their respective owners. Nothing on the website or software should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Volsage trademarks or service marks without Volsage’s prior written permission. Volsage aggressively enforces its intellectual property rights. Neither the name of Volsage nor any of Volsage’s trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the website or otherwise, without Volsage’s prior written permission. If you believe that any Content on the website violates any intellectual property right of yours, please contact Volsage at the address set forth at the bottom of these Terms.

12. LOCAL LAWS. Volsage makes no representation that content or materials in the website or software are appropriate or available for use in jurisdictions outside the United States. Access to the website and software from jurisdictions where such access is illegal is prohibited. If you choose to access the website or software from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Volsage is not responsible for any violation of law. You may not use or export the Content or materials in the website or software in violation of U.S. export laws and regulations. You agree that the website, software, these Terms and the Online Service shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state where Volsage maintains your Account, or, if Volsage transfers your Account to another location, where Volsage currently maintains your Account. The website and the Online Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over Volsage, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located where Volsage maintains your Account, or, if Volsage transfers your Account to another location, where Volsage currently maintains your Account. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

13. AVAILABILITY. Information that Volsage publishes in the software may contain references or cross-references to products, programs or services of Volsage that are not necessarily announced or available in your area. Such references do not mean that Volsage will announce any of those products, programs or services in your area at any time in the future. You should contact Volsage for information regarding the products, programs and services that may be available to you, if any. Volsage may also prioritize its users and features available to particular users may not be available to all users at all times.

14. NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are non-transferable, and every user is obligated to take preventative measures to prohibit unauthorized users from accessing the website with his or her UserID and password.

15. NO ASSIGNGMENT. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by Volsage unless acknowledge by Volsage in writing. Volsage has no obligation to provide you with written acknowledgment. Volsage may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.

16. TERMINATION OF SERVICE. We may terminate your User Account or right to access secured portions of the Online Service at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the software, to Volsage, to the business of the software’s Internet service provider, or to other information providers.

17. CUSTOMER COMMENTS. We welcome the submission of comments, information or feedback through the website. By submitting information through the website, you agree that the information submitted shall be subject to the Volsage website Privacy Policy.

18. CLASS ACTION WAIVER and ARBITRATION. You agree that any dispute arising out of the use of the software shall be brought only in your capacity as an individual, and no claims may be brought as a class. All disputes shall be submitted to binding arbitration in Montgomery County, PA before a board of three neutral arbitrators. The arbitration and rules shall be according to the American Arbitration Association (AAA). In no event shall the arbitrators award punitive damages.

19. RISKS OF OPTION TRADING. Options trading entails significant risk and is not appropriate for all investors. Complex option strategies carry extra risks. Please review the option disclosure document entitled the Characteristics and Risks of Standardized Options.

20. MISCELLANEOUS. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Volsage’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Your Consent To This Agreement

By accessing and using the website, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the website and/or the Online Service. Your use of the website and/or the Online Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.

If you have additional questions or comments of any kind, or if you see anything on the website that you think is inappropriate, please let us know by sending your comments to:

Volsage LLC

333 E Lancaster Avenue #329

Wynnewood, PA 19096

EFFECTIVE AS OF: December 1, 2018

LAST UPDATED: December 1, 2018