General Terms of Use

Last revised: February 12, 2011

PLEASE READ OUR TERMS OF USE CAREFULLY BEFORE YOU USE OUR WEB SITE. Stock Markets Institute, provides its web site, OptionSmart.com (the "Site") for your individual usage, subject to compliance with the terms and conditions set forth herein.

1. Agreement

By using the Site, you agree to be bound by our Terms of Use (the "TOU"). If you do not agree to the terms and conditions contained in the TOU, we do not consent to provide you with access to the Site, and you should cease your use of it.

2. Changes to the TOU

We reserve the right at any time to:

Change the Site, including eliminating or discontinuing any content or feature of the Site;
Change the terms and conditions of the TOU;

Impose fees, charges or other conditions for use of the Site (with reasonable notice).

3. Important Securities Disclaimer

Stock Markets Institute is a publisher and has registered as an investment adviser with the U.S. Securities and Exchange Commission. You understand that no content published on the Site constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the information providers or their affiliates will advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the content published on the Site may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.

You understand that performance data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.

From time to time, reference may be made in our marketing materials to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.

4. OptionSmart.com's Proprietary Rights

The Site and the content contained therein are the property of OptionSmart.com and its licensors. You may access and use the content, and download and/or print out one copy of any content from the Site, solely for your personal, noncommercial use. You acknowledge that you do not acquire any ownership rights by using the Site.

5. User Conduct

You may not republish, upload, post, transmit or distribute content from the Site to online bulletin boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.

In addition, in connection with your use of the Site, you agree not to:

Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
Use the Site for any unlawful purpose;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
Frame" or "mirror" any part of the Site without our prior written authorization;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
Harvest or collect information about visitors to the Site without their express consent.

You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and the content made available therein.

6. Features and Links to Other Web Sites

Your use of certain services on the Site may be governed by additional rules, which are available on the Site or by hyperlink from other sites, in connection with the service. By using any service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for your use. In the event that any service or tool is provided by a third party, such service or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that your use of all services and tools is solely at your risk.

The Site may contain links to other Internet web sites or resources. We neither control nor endorse such other web sites, nor have we reviewed or approved any content that appears on such other web sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

7. Disclaimer of Warranties

THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OPTIONSMART.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR WEB SITES.

A possibility exists that the Site could include inaccuracies or errors, or materials that violate the TOU. Additionally, a possibility exists that unauthorized alterations could be made to the Site by third parties. Although we attempt to ensure the integrity of our web sites and other products and services, we make no guarantees as to the completeness or correctness of any content on the Site. In the event that such a situation arises, please contact us at support@optionsmart.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our web sites, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Copyright Infringement" below.

8. Limitation of Liability

NEITHER OPTIONSMART.COM, INC. NOR ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH OPTIONSMART.COM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE.

9. Indemnification

You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TOU; (b) your use of the Site; or (c) your violation of the rights of any third party.

10. Termination

You understand and agree that OptionSmart.com may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities, or (iii) technical difficulties.

11. Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by OptionSmart.com or one of its subsidiaries infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to our web sites should be sent to: support@optionsmart.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

12. Disclaimer about Our Published Track Record

It is important that you fully understand how Optionsmart autotrading service works.

The service INCLUDES:
1. Optionsmart sends email alerts to your broker.
2. Optionsmart allows your broker to link their auto-trading mechanism to your brokerage account.
3. Optionsmart provides you with monthly statements and analysis from our Control Accounts at e-Option.

The service DOES NOT INCLUDE:
1. Actual execution of our alerts (this is a service provided by your broker).
2. Any activities within your brokerage account (they are performed by you and your broker, we have no access to your account).
3. Any guarantees that the entry and exit prices on your account statement will be similar to the prices from our Control Accounts. (The execution of our alerts is done by your broker, we have no control over it. Even if your account is also with eOption, the actual execution prices may vary).

A trade, in relation to spreads, is a total of spreads and related roll over operations. Trade entry date: date when an initial position was opened. Trade exit date: date when all open positions were finally closed. Trade profitability is calculated as ratio of the trade’s total credits over total debits. An up-to-date list of open positions is available to all subscribers on the product pages.

Brokers often execute same auto-trading signals differently. We reserve a right to create a separate trade in our trade record in cases like these. It is also quite possible that the same broker executes the same signal differently for two different subscribers. Therefore your performance will inadvertently vary from Site’s official track record and any model portfolio that may be derived from this track record. Additionally, the performance of your individual trades will vary from site’s official track record in case you set allocations other then recommended by site; if you link site’s autotrading signals to an account that holds other securities; conduct trading activity with the account other than through site’s autotrading signals; or cancel the service before trades are closed.