SpotGamma™

S&P 500 Stock Market Gamma Trading Levels Based on Options Open Interest

Terms and Conditions

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE AND CONDITIONS OF SALE (“TERMS” OR “AGREEMENT”) BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR CONTENT. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 14 AND 15).  THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Your use of https://spotgamma.com/, including any subdomains thereof, affiliated websites, mobile applications, educational materials, communities, software, trading indicators, analytical tools, charting tools, alerts, data, dashboards, algorithms, formulas, methodologies, and other products and services made available by SpotGamma (collectively, the “Content”), which are owned, operated, or made available by TenTen Capital LLC (“SpotGamma,” “we,” “our,” or “us”), is governed by the policies, terms, and conditions set forth below.

For purposes of these Terms, any proprietary or third-party software, trading indicator, charting tool, analytical tool, algorithm, signal, alert, dashboard, or similar technology made available in connection with the Content is referred to collectively as the “Software.”

Please read them carefully.  We offer the Content, including all information, tools, products, and services available through the Content to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.  By accessing, using, or placing an order through the Content, you agree to the terms set forth herein.  If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Content in any manner or form whatsoever.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION.  ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16.  PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 16 BELOW.

You can review the most current version of the Terms at any time at https://spotgamma.com/terms-and-conditions/. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Content.  It is your responsibility to check this page periodically for changes.  YOUR CONTINUED USE OF OR ACCESS TO THE CONTENT FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES. 

 

TABLE OF CONTENTS

  1. CONTENT USE
  2. PRIVACY & SECURITY DISCLOSURE
  3. GENERAL CONDITIONS AND CONTENT USER CONDUCT RESTRICTIONS 
  4. NO SOLICITATION OR PROMOTION OF COMPETING SERVICES
  5. NO INVESTMENT RECOMMENDATIONS OR PERSONAL ADVICE
  6. SECURITIES & INVESTING DISCLOSURE; HYPOTHETICAL PERFORMANCE RESULTS DISCLOSURE
  7. EDUCATION DISCLOSURE
  8. SOFTWARE AND TRADING INDICATOR LICENSE
  9. MODIFICATIONS TO THE CONTENT AND PRICES 
  10. PAYMENT; SUBSCRIPTION BILLING
  11. ORDER PLACEMENT AND ACCEPTANCE
  12. REFUNDS 
  13. SOCIAL MEDIA
  14. DISCLAIMER OF WARRANTIES
  15. DISCLAIMER OF LIABILITIES
  16. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
  17. INDEMNIFICATION
  18. THIRD-PARTY WEBSITES AND LINKS
  19. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS 
  20. INTELLECTUAL PROPERTY RIGHTS
  21. ELECTRONIC COMMUNICATIONS 
  22. ASSIGNMENT 
  23. NO WAIVER 
  24. SEVERABILITY 
  25. TERMINATION
  26. ENTIRE AGREEMENT 
  27. QUESTIONS OR ADDITIONAL INFORMATION 

 

TERMS

  • CONTENT USE

By using the Content and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence.  If you use the Content, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.

Geographic Restrictions. SpotGamma is based in Connecticut, United States. The Content, Software, products, and services are offered only to persons located in the United States. SpotGamma makes no representation that the Content, Software, products, or services are available, appropriate, or lawful for use outside the United States. If you access or use the Content from outside the United States, you do so at your own risk and are solely responsible for compliance with all applicable local laws, rules, and regulations. SpotGamma reserves the right, in its sole discretion, to limit, restrict, or prohibit access to the Content, Software, products, and services to any person, geographic region, or jurisdiction at any time, and to limit the availability or quantities of any product or service.

  • PRIVACY & SECURITY DISCLOSURE

Our Privacy Policy may be viewed at https://spotgamma.com/privacy-policy/. The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.

  • GENERAL CONDITIONS AND CONTENT USER CONDUCT RESTRICTIONS

All aspects of our Content are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Content or any material on it.

You agree not to use or attempt to use the Content or any products or services in any unlawful manner or for any unlawful purpose.  You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Content including, but not limited to: (1) hacking and other digital or physical attacks through the Content; (2) publishing abusive, vulgar, obscene, or defamatory material; (3) soliciting others to perform or participate in any unlawful acts; (4) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (5) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (6) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (7) submitting false or misleading information; (8) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Content; (9) collecting or tracking the personal information of others; (10) interfering with or circumventing the security features of the Content; or (11) committing any other unlawful act.

SpotGamma reserves the right to terminate your access to the Content or any of its services if it determines that you (1) do not comply with these Terms; (2) provide false, inaccurate, or incomplete information during our registration process; (3) engage in any conduct that would otherwise harm any of SpotGamma’s rights or interests in its Content, services, or other property; or (4) for any or no reason whatsoever without prior notice to you. SpotGamma may take any other actions necessary in this regard or seek any remedies permitted by law.

  • NO SOLICITATION OR PROMOTION OF COMPETING SERVICES

To protect the member experience and community associated with SpotGamma, you agree not to use the Content, products, services, community features, member relationships, or contact information obtained through SpotGamma (collectively, the “Services”) to advertise, market, promote, sell, or solicit any competing product, service, course, coaching program, mentorship, software, signal service, membership, community, or other trading- or investing-related offering.

This restriction applies to all activity conducted through the Services, including chats, comments, direct messages, live sessions, and any off-platform communications made possible through access to the Services.

You may not use the Services to recruit customers, generate leads, build mailing lists, direct members to external groups or websites, or otherwise circumvent this policy through free, trial, educational, beta, or similar offerings intended to later market or sell a Competing Offering.

For purposes of these Terms, this means any product, service, program, software, tool, indicator, alert service, signal service, mentorship, coaching, course, membership, community, or educational offering relating to trading, investing, market education, or trader development that is the same as, substantially similar to, or a reasonable substitute for any offering provided by SpotGamma. SpotGamma reserves the right to determine, in its reasonable discretion, whether an offering constitutes a Competing Offering.

SpotGamma reserves the right, in its sole discretion, to remove content, restrict access, suspend or terminate accounts, and pursue any other remedies available under these Terms for violations of this section.

  • NO INVESTMENT RECOMMENDATIONS OR PROFESSIONAL ADVICE

SpotGamma does not provide personalized investment advice or execute trades on your behalf and is not a broker-dealer or investment advisor. Neither the Content nor any of SpotGamma’s products or services are intended to provide tax, legal, insurance, or investment advice. None of the Content or any of SpotGamma’s products or Services should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by SpotGamma or any third party. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult a registered investment advisor, attorney, or tax professional regarding your particular financial situation, investing strategies, or specific legal or tax situation.

To the extent that any information made available through the Content may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks and that discussions of any security published through the Content will not contain a list or description of relevant risk factors.

The foregoing applies equally to any information generated, displayed, calculated, identified, or communicated through the Software. Any indicator, signal, alert, market level, technical level, chart annotation, calculation, trend identification, entry or exit level, support or resistance level, or other output generated or displayed by the Software is provided on a general and impersonal basis for educational and informational purposes only.

Software outputs are generated according to predetermined methodologies, algorithms, settings, or market data and are not based upon your individual financial circumstances, portfolio holdings, trading experience, investment objectives, risk tolerance, tax situation, or other personal circumstances.

The appearance of a particular security, futures contract, option, digital asset, currency, commodity, or other financial instrument in the Software, or the generation of any indicator, signal, alert, or level relating to such instrument, should not be understood as a recommendation or instruction that you buy, sell, hold, enter, exit, or otherwise transact in that instrument.

You remain solely responsible for evaluating any information generated by the Software and independently determining whether and how to act upon that information.

You understand that performance data is supplied by sources believed to be reliable, that the calculations 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, the Content may reference prior videos, articles, or opinions that we have shared. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously shared information and data may not be current and should not be relied upon.

All information and content made available through the Content is presented only as of the date published or indicated and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

  • SECURITIES & INVESTING DISCLOSURE; HYPOTHETICAL PERFORMANCE RESULTS DISCLOSURE

Securities & Investing Disclosure

This Content often provides information about the stock market and other investments. All investments involve risk that losses may exceed the invested amount and that the past performance of a security, industry, sector, market, or product does not guarantee future results or returns. YOU ACKNOWLEDGE THAT STOCK AND FUTURES TRADING INVOLVES HIGH RISKS THAT MAY RESULT IN YOUR LOSS OF LARGE SUMS OF MONEY. When investing in stocks or purchasing options, you may lose all of the money you invested. When investing in futures, you may lose more than the funds you invested. Being a successful “paper trader” or “paper investor” during one period of time does not mean that you will make money when you actually invest during a later time period. Market conditions constantly change.

The information made available through the Content is not an invitation to trade any specific security or class of securities. Investing requires risking money in pursuit of future gain. That is your decision, and you are solely responsible for your investment decisions. Do not risk any money you cannot afford to lose. The Content does not take into account your own individual financial and personal circumstances. You are encouraged to consult with a qualified investment professional regarding any trading strategy or a particular trade. Your failure to seek professional, detailed and personally-tailored advice prior to making any investment could result in actions contrary to your best interests and loss of capital. We make no representation that you will or are likely to achieve profits or losses similar to those presented through the Content. The Content is for informational purposes only and does not provide investment advice. The owner of this Content does not fall within the federal or state definition of an investment adviser and is not registered as such.

Hypothetical Performance Results Disclosure

Hypothetical or simulated performance results have many inherent limitations, some of which are mentioned below, and there are frequently sharp differences between hypothetical performance results and actual results subsequently achieved by any particular trading program. Unlike an actual performance record, simulated results do not represent actual trading. Since the trades have not actually been executed, the results may have under- or over- compensated for the impact, if any, of certain market factors, such as lack of liquidity. One of the limitations of hypothetical performance results is that they are generally prepared with the benefit of hindsight. In addition, hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account for the impact of financial risk in actual trading. For example, the ability to withstand losses or to adhere to a particular trading program in spite of the trading losses are material points, which can also adversely affect trading results. There are numerous other factors related to the market in general or to the implementation of any specific trading program that cannot be fully accounted for in the preparation of hypothetical performance results, all of which can adversely affect actual trading results.

The Content may contain information regarding some of our successful hypothetical trades. We also have hypothetical trades where we lost money (not including fees and commissions). Past results are not necessarily indicative of future results.

For customers trading options, the futures charts are presented for informational purposes only. They are intended to show how investing in options can depend on the underlying futures prices; specifically, whether or not an option purchaser is buying an in-the-money, at-the-money, or out-of-the-money option. Furthermore, the purchaser will be able to determine whether or not to exercise his or her right on an option depending on how the option’s strike price compares to the underlying futures price. The futures charts are not intended to imply that option prices move in tandem with futures prices. In fact, option prices may only move a fraction of the price move in the underlying futures. In some cases, the option may not move at all or even move in the opposite direction of the underlying futures contract.

Trading Indicator and Software Risk Disclosure

Trading indicators, technical-analysis tools, alerts, algorithms, and other Software are inherently imperfect analytical tools. No indicator, algorithm, formula, trading system, or analytical methodology can predict market movements or trading outcomes with certainty.

Software outputs may be inaccurate, incomplete, delayed, unavailable, or inconsistent with actual market conditions. Market conditions may change between the time information is calculated or displayed and the time you act upon it.

Actual trading results may differ materially from results suggested by an indicator or analytical tool as a result of, among other things, market volatility, liquidity, bid-ask spreads, slippage, execution delays, order type, commissions, fees, brokerage practices, exchange rules, market disruptions, data inaccuracies, connectivity issues, and other factors.

The Software does not guarantee that any indicated price, level, signal, entry, exit, stop, target, or other market condition will be available or executable in an actual transaction.

YOU ACKNOWLEDGE THAT NO SOFTWARE, INDICATOR, SIGNAL, ALGORITHM, TRADING SYSTEM, OR OTHER TOOL PROVIDED BY SPOTGAMMA GUARANTEES PROFITS, PREVENTS LOSSES, OR ELIMINATES THE RISKS ASSOCIATED WITH TRADING.

  • EDUCATION DISCLOSURE 

SpotGamma is a privately-owned for profit company that provides general trader education, and the Content is for general education and informational purposes only. It is not, and is not affiliated with any, educational institutions or other accredited entities. SpotGamma does not register students, does not offer accredited courses or programs of study, and does not grant a degree or diploma upon completion of our programming. As such, SpotGamma does not intend to provide, or purport to provide, in any way, education, course materials, or training that is required by any law or employer, and is not intended nor implied to be a substitute for education provided by an accredited entity. You assume full responsibility for how you choose to use the information provided by SpotGamma. SpotGamma does not provide any guarantee regarding the amount of success subscribers could or will have trading securities, nor any guarantee regarding ability to get or create jobs upon completion of our programs.

  • SOFTWARE AND TRADING INDICATOR LICENSE

Limited License. Subject to your continued compliance with these Terms and, where applicable, payment of all applicable fees, SpotGamma grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during the term of your applicable subscription or purchase to access and use the Software solely for your own personal, non-commercial educational and informational purposes.

The Software is licensed, not sold. Except for the limited license expressly granted above, SpotGamma and its licensors retain all right, title, and interest in and to the Software, including all algorithms, formulas, calculations, methodologies, source code, object code, logic, interfaces, designs, configurations, indicators, signals, outputs, documentation, updates, modifications, improvements, and derivative works associated with the Software.

Permitted Use. You may use the Software solely for your own personal evaluation and analysis of financial markets. Any decision to enter, modify, or exit a transaction based in whole or in part upon information generated by the Software is made solely by you and at your own risk.

Unless SpotGamma expressly agrees otherwise in writing, the Software does not execute trades, exercise discretionary trading authority over your account, determine the suitability of any transaction for you, or consider your investment objectives, financial circumstances, risk tolerance, portfolio, tax situation, or other individual circumstances.

Restrictions. You may not, directly or indirectly:

  1. sell, license, sublicense, rent, lease, distribute, transfer, assign, publish, reproduce, commercially exploit, or otherwise make the Software or its functionality available to any third party;
  2. share account credentials or permit any other person to access or use the Software through your account;
  3. copy, modify, translate, adapt, reverse engineer, decompile, disassemble, decode, attempt to derive source code from, or create derivative works based upon the Software, except to the limited extent such restriction is prohibited by applicable law;
  4. extract, scrape, capture, record, systematically collect, republish, transmit, redistribute, or commercially exploit signals, alerts, indicator values, trading levels, data, calculations, or other outputs generated by the Software;
  5. use the Software, its outputs, or any SpotGamma intellectual property to create, train, develop, enhance, benchmark, validate, or support any competing product, software, trading indicator, algorithm, model, signal service, educational service, or commercial offering;
  6. circumvent or attempt to circumvent any technological measure, access control, usage limitation, authentication requirement, or security feature associated with the Software;
  7. use automated systems, bots, scripts, APIs, scraping technology, or similar means to access the Software except where expressly authorized by SpotGamma;
  8. remove, obscure, or alter any copyright, trademark, proprietary-rights notice, watermark, attribution, or other notice appearing in or through the Software; or
  9. use the Software in violation of applicable law, exchange rules, brokerage agreements, third-party platform terms, or these Terms.

No Transfer of Intellectual Property. Your access to the Software does not provide you with any ownership interest in the Software or any underlying intellectual property. All rights not expressly granted to you are reserved by SpotGamma and its licensors.

Updates and Changes. SpotGamma may periodically modify, update, improve, replace, suspend, restrict, or discontinue any feature or functionality of the Software. Indicators, methodologies, calculations, parameters, data sources, supported securities or instruments, integrations, and functionality may change over time. SpotGamma has no obligation to continue supporting any particular version, feature, integration, indicator, or functionality except as expressly required by applicable law.

User Settings and Configurations. The Software may permit you to select or modify certain settings, parameters, time periods, thresholds, instruments, or other configurations. Any such configuration is selected solely by you. SpotGamma does not represent that any default or user-selected configuration is appropriate for you or will produce any particular result. Changes to settings may materially alter the outputs generated by the Software, and you are responsible for understanding and reviewing your selected settings before relying upon any output.

Third-Party Platforms and Data. Certain Software may operate through, rely upon, integrate with, or display information obtained from third-party platforms, charting providers, exchanges, brokers, data providers, software providers, or other third parties. Your use of those third-party products or services may be governed by separate agreements between you and the applicable third party. SpotGamma does not control and is not responsible for the availability, accuracy, completeness, timeliness, latency, pricing, functionality, security, policies, or performance of any third-party platform, market-data source, broker, exchange, integration, or service.

Suspension and Termination. SpotGamma may suspend or terminate your access to the Software if your subscription expires or is canceled, you fail to make an applicable payment, you violate these Terms, SpotGamma reasonably believes your account or the Software is being misused, or SpotGamma discontinues the applicable Software or service.

Upon expiration or termination of your right to access the Software, the license granted under this Section immediately terminates.

Your Representations. By accessing or using the Software, you represent, warrant, and agree that: (a) you are using the Software solely for your own account and purposes and not on behalf of any undisclosed third party; (b) you are solely responsible for determining whether your use of the Software and any trading activity undertaken by you complies with applicable law, brokerage requirements, exchange requirements, and contractual obligations; (c) you have sufficient knowledge and experience to understand the speculative nature and risks of any trading in which you choose to engage; (d) you will independently evaluate any information generated by the Software before making a trading or investment decision; (e) you will not represent that SpotGamma has authorized, recommended, directed, managed, or approved any transaction undertaken by you; and (f) you will not use the Software to provide an investment advisory, commodity trading advisory, signal, account-management, or similar service to any third party without SpotGamma’s express written authorization.

  • MODIFICATIONS TO THE CONTENT AND PRICES

We reserve the right to modify or discontinue access to the Content (or any part thereof) without notice at any time.  We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Content.  Certain products or services may be available exclusively online through the Content.  

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any product or service made through the Content is void where prohibited. 

  • PAYMENT; SUBSCRIPTION BILLING

All charges are in U.S. Dollars.

By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.

We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired.  If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly.  Your credit card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information.  If you wish to opt-out of your credit card’s updating service, you should contact your credit card issuer.

We are not responsible for any fees or charges that your bank or credit card issuer may apply.  If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement. 

If you sign up for one or more of our subscriptions, the payment card that you provide at checkout will be billed when you checkout and automatically billed thereafter in accordance with the subscription terms you agreed to, unless you cancel within [Insert] business days of the next billing date.  You may cancel online anytime by emailing [Insert Email] or by [Insert Link for online cancellation method].

  • ORDER PLACEMENT AND ACCEPTANCE

Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order.  We reserve the right to accept or deny shipment to anyone for any reason.  In the event we deny your order, you will receive a refund to your original form of payment.  You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any product or service.  We reserve the right to require additional information before processing any order.

  • REFUNDS

Subscription payments are non-refundable and all sales are final unless otherwise indicated. When you cancel your subscription, you will have access to the product or service until the end of that subscription period. No refunds will be issued in the event we, in our sole discretion, suspend, limit, or terminate your access to the Content or any of our products and services. SpotGamma does not cover any losses you may incur because of your trading practices. SpotGamma possesses no knowledge regarding the amount of money you invest or your risk tolerance. SpotGamma has no responsibility for the money you make or lose because of any financial or investing decisions you make at your own discretion. You are solely responsible for understanding and appreciating the inherent risks associated with trading before using SpotGamma services or accessing our Content.

From time to time, SpotGamma may advertise a money-back guarantee in connection with the purchase of a particular product or service. The terms of that guarantee will be stated at the time of purchase. Regardless of the specific terms of any advertised money-back guarantee, the money-back guarantee shall only be available for the stated period. Additionally, customers who elect a refund under any money-back guarantee and then resubscribe to the same product or service within a [INSERT TIME] period will not be entitled to any applicable money-back guarantee. Please see our refund policy here. 

  • SOCIAL MEDIA

This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, LinkedIn, or any of the many other available external third-party social media platforms we may use (“Social Media Presence”). 

The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use.  The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of SpotGamma, and we have no obligation to monitor or remove user comments.  If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.

  • DISCLAIMER OF WARRANTIES

EXCEPT WHERE PROHIBITED BY LAW, THE CONTENT AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE CONTENT.  WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, SUBJECT TO THE LIMITATIONS SET FORTH IN ANY PRODUCT WARRANTY POLICIES, OR (B) THE CONTENT OR THE SERVER(S) THAT MAKE THE CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  

WITHOUT LIMITING THE FOREGOING, SPOTGAMMA DOES NOT WARRANT OR REPRESENT THAT ANY SOFTWARE, INDICATOR, SIGNAL, ALERT, ANALYSIS, DATA, CALCULATION, PRICE, LEVEL, CHART, OR OTHER OUTPUT WILL BE ACCURATE, COMPLETE, CURRENT, TIMELY, ERROR-FREE, UNINTERRUPTED, SECURE, OR SUITABLE FOR ANY PARTICULAR TRADING OR INVESTMENT PURPOSE. SPOTGAMMA DOES NOT WARRANT THAT THE SOFTWARE WILL IDENTIFY PROFITABLE TRADING OPPORTUNITIES, CORRECTLY PREDICT MARKET MOVEMENTS, GENERATE ANY PARTICULAR TRADING RESULT, OR PREVENT OR LIMIT LOSSES. THE SOFTWARE MAY EXPERIENCE INTERRUPTIONS, DELAYS, ERRORS, DATA FAILURES, CONNECTIVITY FAILURES, THIRD-PARTY PLATFORM FAILURES, OR OTHER TECHNICAL PROBLEMS. YOU SHOULD NOT RELY UPON THE SOFTWARE AS YOUR SOLE MEANS OF MONITORING A MARKET, POSITION, ACCOUNT, ORDER, OR TRANSACTION.

ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

  • DISCLAIMER OF LIABILITIES

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL SPOTGAMMA OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY FEES OR COSTS, ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, THE SOFTWARE, OR YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE CONTENT, PRODUCTS, OR SOFTWARE, REGARDLESS OF WHETHER SPOTGAMMA HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, OR COSTS.

THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, TRADING OR INVESTMENT LOSSES, MISSED TRADING OPPORTUNITIES, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES.

WITHOUT LIMITING THE FOREGOING, SPOTGAMMA SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATED TO ANY SOFTWARE ERROR, INDICATOR OR SIGNAL ERROR, INACCURATE OR DELAYED DATA, SYSTEM OUTAGE, INTERRUPTION, LATENCY, CONNECTIVITY ISSUE, THIRD-PARTY PLATFORM OR DATA PROVIDER FAILURE, FAILURE TO ENTER OR EXIT A POSITION, DIFFERENCE BETWEEN AN INDICATED AND ACTUAL EXECUTION PRICE, OR ANY ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE CONTENT, PRODUCTS, SOFTWARE, OR ANY INDICATOR, SIGNAL, ALERT, TRADING LEVEL, CALCULATION, OR OTHER INFORMATION GENERATED OR DISPLAYED THROUGH THEM. YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL TRADING AND INVESTMENT DECISIONS, ORDERS, POSITIONS, AND TRANSACTIONS MADE IN CONNECTION WITH YOUR USE OF THE CONTENT, PRODUCTS, OR SOFTWARE.

THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, SPOTGAMMA IS FOUND LIABLE UNDER ANY THEORY, SPOTGAMMA’S TOTAL AGGREGATE LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CLAIMS, REGARDLESS OF WHETHER SPOTGAMMA WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.

  • DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS PROVISION CAREFULLY; IT REQUIRES YOU TO ARBITRATE ANY DISPUTE OR CLAIM BETWEEN YOU AND SPOTGAMMA ON AN INDIVIDUAL BASIS.

YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS ARBITRATION PROVISION, SPOTGAMMA’S PRIVACY POLICY OR TERMS, SPOTGAMMA’S ADVERTISING OR MARKETING PRACTICES, OR SPOTGAMMA’S PRODUCTS OR SERVICES SHALL BE SUBMITTED TO BINDING, FINAL, AND CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES. THIS ARBITRATION PROVISION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”), 9 U.S.C. §§ 1-16, AND THE ARBITRATOR SHALL BE BOUND BY THE TERMS OF THIS ARBITRATION PROVISION. THE ARBITRATOR SHALL HAVE THE EXCLUSIVE AND SOLE AUTHORITY FOR DETERMINING WHETHER A DISPUTE OR CLAIM IS ARBITRABLE. THE ARBITRATOR SHALL FOLLOW APPLICABLE SUBSTANTIVE LAW OF THE STATE OF DELAWARE TO THE EXTENT CONSISTENT WITH THE FAA, AND SHALL BE AUTHORIZED TO AWARD ALL REMEDIES AVAILABLE IN AN INDIVIDUAL LAWSUIT UNDER SUBSTANTIVE LAW, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, STATUTORY AND PUNITIVE DAMAGES, DECLARATIVE, INJUNCTIVE AND OTHER EQUITABLE RELIEF, INCLUDING PUBLIC INJUNCTIVE RELIEF, AND ATTORNEYS’ FEES AND COSTS WHERE AVAILABLE UNDER APPLICABLE SUBSTANTIVE LAW. THE ARBITRATOR MAY ONLY RESOLVE DISPUTES OR CLAIMS BETWEEN YOU AND SPOTGAMMA AND MAY NOT CONSOLIDATE CLAIMS OR PROCEEDINGS WITHOUT SPOTGAMMA’S CONSENT. THE ARBITRATOR MAY NOT HEAR CLASS OR REPRESENTATIVE CLAIMS OR REQUESTS FOR RELIEF ON BEHALF OF OTHER INDIVIDUALS. IF A COURT OR ARBITRATOR DECIDES THAT ANY PART OF THIS AGREEMENT TO ARBITRATE CANNOT BE ENFORCED AS TO A PARTICULAR CLAIM FOR RELIEF OR REMEDY, THEN THAT CLAIM OR REMEDY (AND ONLY THAT CLAIM OR REMEDY) MUST BE BROUGHT IN COURT AND ANY OTHER CLAIMS MUST BE ARBITRATED.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE THAT SPOTGAMMA HAS THE RIGHT TO BRING A CLAIM AGAINST YOU IN THE STATE OR FEDERAL COURTS OF DELAWARE FOR INJUNCTIVE RELIEF, EQUITABLE RELIEF, OR OTHERWISE ARISING FROM ANY POTENTIAL OR ACTUAL MISAPPROPRIATION OR INFRINGEMENT OF SPOTGAMMA’S INTELLECTUAL PROPERTY RIGHTS AND YOU AGREE THAT VENUE IS PROPER AND THAT YOU ARE SUBJECT TO PERSONAL JURISDICTION IN SUCH COURTS.  YOU IRREVOCABLY CONSENT TO JURISDICTION AND VENUE IN SUCH COURTS.

YOU WILL NOT HAVE THE RIGHT TO: (A) HAVE A COURT OR JURY DECIDE YOUR DISPUTE OR CLAIM; (B) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT THAT YOU WOULD HAVE IN COURT; (C) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR CLASS OPPONENT; (D) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (E) JOIN OR CONSOLIDATE YOUR DISPUTE OR CLAIM WITH THE DISPUTE OR CLAIM OF ANY OTHER PERSON.  OTHER RIGHTS THAT YOU WOULD HAVE HAD IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.

  • INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless SpotGamma, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms; (2) your breach of any representation or warranty made by you; (3) your violation of applicable law, third-party rights, brokerage agreements, exchange rules, or third-party platform terms; or (4) your unauthorized access to, use, copying, redistribution, modification, reverse engineering, commercial exploitation, or other misuse of the Software or any data, signals, alerts, levels, or other outputs generated through the Software.

  • THIRD-PARTY WEBSITES AND LINKS

Our Content may include materials from third-parties or links to third-party websites.  We are not liable for any third-party materials or websites.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.  Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party. 

  • TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS 

SpotGamma is pleased to hear from users and customers and welcomes your comments regarding our services and products. You agree that anything you submit or post to the Content and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and that we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form. You agree that any Submission that you provide us is true and accurate in all respects and does not infringe or interfere with the intellectual property rights of any third party. You agree that SpotGamma may use a Submission, in whole or in part, together with the name of the person submitting it. You agree that Submissions, including testimonials, may be used for any form of advertising relating to SpotGamma’s products or services, in printed and online media, as SpotGamma determines in its absolute discretion.  These testimonials do not represent the generally expected user experience.

  • INTELLECTUAL PROPERTY RIGHTS
  • Intellectual Property Rights, License

The audio and video materials, images, photographs, articles, opinions, and other text, graphics, illustrations, logos, depictions, layouts, compilations, designs, interfaces, digital downloads, software, data compilations and other media associated with the Content are owned or licensed by and to SpotGamma or other authorized third parties and are protected by intellectual property, copyright, trademark, trade dress and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and SpotGamma, we will retain all right, title, and interest in and to the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as expressly set forth in these Terms or expressly granted to you in writing by SpotGamma, no rights are granted to you. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Content. The compilation of all information made available through the Content is the exclusive property of SpotGamma.

Without limiting the foregoing, all Software and all algorithms, methodologies, formulas, parameters, calculations, configurations, logic, indicator designs, signals, alerts, trading levels, interfaces, documentation, updates, modifications, and other proprietary elements associated with the Software constitute proprietary intellectual property of SpotGamma or its licensors. Access to the Software is provided solely pursuant to the limited license set forth in Section 8. Nothing in these Terms transfers to you any ownership interest in the Software or any underlying technology, methodology, algorithm, or other intellectual property.

You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in these Terms or otherwise expressly authorized by us in writing, you may not (either directly or through the use of any software, device, internet site, web-based service or other means) download, stream capture, store in a database, archive or otherwise copy any part of the Content ; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Content; license or sublicense any part of the Content; or in any way exploit any part of the Content. In addition, except as provided in these Terms or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying the Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.

  • Copyright

The copyright in all materials provided on the Content is owned by SpotGamma or its affiliate(s). Except as stated herein, none of the material contained in the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of SpotGamma. Permission is hereby granted to view, copy, print and download the materials on the Content for personal, noncommercial use only, provided such materials are used solely for informational purposes, and all copies, or portions thereof, include any copyright notice. SpotGamma may revoke any of the foregoing rights at any time. You may not, without SpotGamma’s prior written consent, “mirror” any material contained on the Content on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from any Content. Any unauthorized use of any material contained in the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

  • Trademarks

The trademarks, service marks and logos (“Trademarks”) used and displayed in the Content are registered or unregistered Trademarks of SpotGamma. Nothing in the Content shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed in the Content without the prior written consent of the Trademark owner. The name of SpotGamma or any Trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials in the Content without the prior written consent of SpotGamma. SpotGamma prohibits the use of any SpotGamma logo and Trademark as a “hot” link to any web site unless establishment of such link is approved in advance by SpotGamma in writing.

  • ELECTRONIC COMMUNICATIONS 

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. 

  • ASSIGNMENT 

You may not assign any of your rights under these Terms, and any such attempt will be null and void.  SpotGamma and its affiliates may, in their sole discretion and without prior notice or consent, assign or transfer these Terms, in whole or in part, including all rights and obligations hereunder, to any affiliate or to any third party including, but not limited to, in connection with a merger, acquisition, sale of assets, financing, reorganization, or other transfer of some or all of SpotGamma’s business, or otherwise. You expressly consent to any such assignment, including the assignment of SpotGamma’s rights to receive payment and to enforce your payment obligations under these Terms. Any permitted assignee may further assign such rights and obligations without additional notice to or consent from you. Payment made by you in good faith to an authorized assignee in accordance with the payment instructions provided to you will fully satisfy your corresponding payment obligations under these Terms.

  • NO WAIVER 

No waiver by SpotGamma of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by SpotGamma to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

  • SEVERABILITY 

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms.  Such determination shall not affect the validity and enforceability of any other remaining provisions.

  • TERMINATION

Upon expiration, cancellation, suspension, or termination of your applicable subscription, membership, or other right to access the Content, your right and license to access and use the applicable Software immediately terminates unless SpotGamma expressly provides otherwise in writing. You must thereafter cease all use of the Software and may not retain, reproduce, redistribute, or continue using any Software or proprietary Software materials obtained through your account.

Sections 2-7, 13-16, 18-25, together with Section 8 to the extent necessary to protect SpotGamma’s intellectual property and enforce restrictions relating to prior use of the Software, and any representations, warranties, payment obligations, indemnification obligations, or other provisions that by their nature should survive, shall survive termination.

  • ENTIRE AGREEMENT 

These Terms, the Agreement, and any policies or operating rules posted by us constitute the entire agreement and understanding between you and SpotGamma and supersede and replaces any prior or contemporaneous agreements.  Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

  • QUESTIONS OR ADDITIONAL INFORMATION 

Please contact Customer Support if you have any questions concerning your purchase or about the Content in general.

TenTen Capital LLC

Email: info@spotgamma.com