INVESTMENT & GENERAL DISCLAIMERS
Algopti is a provider of informational products and tools that we believe will assist you in trading securities and options, futures commodities and currencies profitably. We do not provide any guarantees, warranties or assurances that by using our educational products and tools, you will be successful in securities, options, futures commodities, currencies or any other financial instruments or derivatives profitably. The information contained on our website or in any product or service provided by Algopti does not constitute financial advice or a solicitation to buy or sell any commodity futures, currencies, including cryptocurrency, options or securities. We are not a commodity trading advisor, a futures commission merchant, a commodity pool operator, a broker or an investment advisor. We do not make investment recommendations and we do not trade securities, options, commodity futures or any other investment for our customers. We do not hold customer funds for trading securities, options, commodity futures or any other investment. You agree that you will not hold us responsible for any losses you may incur in trading securities, options, commodity futures or any other financial instruments while relying upon our educational tools and products.
Algopti's products and services are limited. Specifically Algopti, its Directors, Officers, Employees or Agents are not licensed Financial Advisors and do not provide analysis of your investment objectives, financial situation and particular needs that a professional investment adviser or financial planner typically provides.
You accept and assume all responsibility for any action You may take when using any information, product or service provided by Algopti, its Directors, Officers, Employees, Affiliated Partners or Agents, and this means also that You accept sole responsibility for ensuring the suitability of any and all investments that You may make when using any information, product or service provided by Algopti.
Algopti does not guarantee the accuracy or completeness of any information supplied and shall not be liable to You or any customer or third party for the accuracy of the information or any alerts or signals supplied through this Software Product to a customer, nor for any delays, inaccuracies, errors, interruptions or omissions in the furnishing thereof, for any direct or consequential damages arising from or occasioned by such delays, inaccuracies, errors, interruptions or omissions, or for any discontinuance of the service.
Futures, securities, currencies/foreign exchange and/or derivative products trading contains substantial risk and is not for every investor. An investor could potentially lose all or more than the initial investment. Risk capital is money that can be lost without jeopardizing ones financial security or life style. Only risk capital should be used for trading and only those with sufficient risk capital should consider trading. Past performance is not necessarily indicative of future results.
You Accept, Understand and Acknowledge that there is a high degree of risk involved in trading securities, futures, currencies/foreign exchange and/or derivative products. Trading securities, currencies/foreign exchange and/or investment in derivatives can be very speculative, involves considerable risk, may result in losses and is not suitable for every investor. Algopti does not take into account the objectives, financial situation or needs of individual users. Hence, You should carefully consider whether trading in securities, currencies/foreign exchange and derivative products is appropriate for You in the light of your financial circumstances. You should be aware that dealing in products that are highly leveraged carry significantly greater risk than non-geared investments such as share trading. As such, You could both gain and lose large amounts of money. You may sustain losses in excess of the moneys You initially deposit and also in excess of the margin required to establish and maintain any positions in leveraged products.
No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed in any form of media (including but not limited to web sites, email, print or banner advertising, social media sites and/or Algopti affiliates) by Algopti.
The past performance of any trading system or methodology is not indicative of future results.
U.S. Government Required Disclaimer - Commodity Futures Trading Commission. Futures and options trading has large potential rewards, but also large potential risk. You must be aware of the risks and be willing to accept them in order to invest in the futures and options markets. Don't trade with money you can't afford to lose. This website is neither a solicitation nor an offer to Buy/Sell futures or options. No representation is being made that any account will or is likely to achieve profits or losses similar to those discussed on this website. The past performance of any trading system or methodology is not necessarily indicative of future results
HYPOTHETICAL PERFORMANCE DISCLAIMER:
HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN; IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM. 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 OF ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL WHICH CAN ADVERSELY AFFECT TRADING RESULTS.
CFTC RULE 4.41 - HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY, SIMULATED TRADING PROGRAMS IN GENERAL ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFIT OR LOSSES SIMILAR TO THOSE SHOWN.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
Tardier Brokerage Partnership Agreement
Algopti LLC has established a relationship with Tradier Brokerage Inc. to get our subscribers 100% commission free Stock and Options Trading and ZERO Per Contract Options Fees for US Stock Options. Single listed index options are subject to a per contract fee as outlined in Tradier's Fee Schedule. Tradier Brokerage Inc. charges for exchange, OCC and regulatory fees. Other fees and applicable minimums may apply see Tradier's Fee Schedule for more details. Algopti subscribers are required to open and link a Tradier Brokerage account to the Algopti application to redeem the offer for commission free trading. Algopti pays Tardier a flat rate monthly fee for each subscriber to offer our subscribers Commission Free trading as part of their subscription. The terms of this offer are subject to change at any time dependent on any material change in Algopti's relationship with Tardier Brokerage Inc. If Tardier Brokerage discontinues it's flat rate pricing agreement with Algopti or materially changes their trading commission pricing policy you agree and accept that Algopti will alter the terms of this offer accordingly and notify of such change by e-mail, via the website messaging portal. You are strongly encouraged to independently evaluate and review Tardier Brokerage Inc. before opening an account with them.
Algopti LLC is not responsible for any fees incurred by your Tradier Brokerage Account. As long as our partnership agreement with Tradier remains unaltered, we will simply continue to pay Tradier Brokerage Inc. a flat monthly fee on behalf of your Tradier brokerage account for the duration of your subscription to Algopti to get you commission free stock and options trades. Otherwise, Algopti LLC is not responsible for any other fees whatsoever, charged to your brokerage account by Tradier Brokerage Inc. Algopti LLC, its owners, directors, employees or agents are in no way shape or form responsible for the management, maintenance, handling or trading of your brokerage account and will never offer to take such responsibility. Any administrative, billing, or fee related issues you may encounter within your Tradier Brokerage Account, must be resolved directly by you with Tradier Brokerage Inc.
NOT LEGAL OR FINANCIAL ADVICE
The Company and its affiliates, owners, managers, employees, shareholders, officers, directors, other personnel, representatives, agents or independent contractors (collectively, “Company Persons”) do not hold themselves out to be attorneys, accountants financial advisor, or investment advisors, nor does any Information or other Website contents constitute legal, accounting, investing or other professional advice to you. You acknowledge and agree that the Information and this Website are not intended to be a substitute for the legal, accounting, financial investing or other professional advice that can be provided by your own professional advisors.
THE COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATED TO THE PERFORMANCE, OPERATION OR CONTENTS OF ITS WEBSITE OR THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON OR THROUGH THE WEBSITE). TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE INFORMATION AND THE WEBSITE ARE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
You agree that the information you provide to us on or through the Website will be accurate. You acknowledge that you are voluntarily using the Website and that you are solely and personally responsible for your choices, actions and results in connection with that use, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any Information or this Website, and you agree to use your own judgment and due diligence in connection with your use of any Information or this Website.
You acknowledge and agree that no promise or guarantee of success or profitability has been made between you and the Company or any Company Person.
You acknowledge and agree:
The risk of loss in trading options and other securities can be substantial. Consider all relevant risk factors, including your own personal financial situation, before engaging in any options trading. The possibility exists that you could sustain a substantial loss which could total more than your initial investment in a short period of time. Therefore you should not invest money that you cannot afford to lose. If you have any questions or concerns regarding the risks associated with trading, you should confer with a trusted and reliable independent financial advisor. None of the Information or the Website provided by the Company constitutes a solicitation to trade any investment or security of any kind.
Options are widely considered a volatile investment class, and are priced according to complex factors involving (among other factors) price, the volatility of the underlying asset, time until expiration, and interests rates. By their nature, therefore, options involve a high degree of financial risk. Risks associated with acquiring options include (without limitation): (i) the risk of losing your entire investment increases as the option goes out of the money and as expiration approaches; (ii) the risk that certain options do not have secondary markets on which to sell them, meaning that their value can only be realized upon expiration; (iii) the risk that a particular option contract may have specific exercise provisions that create additional risk; (iv) U.S. or other regulatory agencies may impose regulations or rules that impair your ability to realize value from options; and (v) the risk of losing your entire investment in a relatively short period of time.
Options, and the trading of options, are typically governed by a series of complex contracts. The intent of the legal documents and contracts might be unclear, and even clear drafting could be misconstrued by counterparties or by judges and arbitrators. A dispute over interpretation of any of these documents or contracts could arise, which may result in unenforceability of the contract or other outcome that is adverse to you.
General Economic and Market Conditions
The option market will be affected by general economic and market conditions, as well as by changes in laws, currency exchange controls, and international, national and regional political and socioeconomic circumstances. The option market may be sensitive to general downward swings in the overall economy or in particular industries or geographies. Factors affecting economic conditions, including, for example, inflation rates, currency devaluation, exchange rate fluctuations, industry conditions, competition, technological developments, domestic and worldwide political, military and diplomatic events and trends and innumerable other factors outside of your control and that of the Company, which can materially and adversely affect the availability or desirability of segments of the options market.
The trading of options can impose tax burdens and tax filing obligations on trade participants. Such considerations are complex and highly personal. You are urged to consult with your tax advisors with respect to your tax situation and the effect of engaging in option trading.
The trading of options will leave you exposed to the risk that third parties that owe you money, securities or other assets will not perform their obligations. These parties include trading counterparties, brokers, clearing agents, exchanges, clearing houses, custodians, and other financial intermediaries. These parties may default on their obligations to you or to another third party, due to bankruptcy, lack of liquidity, internal failure or other reasons.
Past Results Are No Guarantee of Future Performance
There can be no assurance as to any particular financial outcome based on the use of the Website. Past results of any individual trader or trading system published by the Company are not indicative of future returns that may be realized by that individual trader, trading system, or you. Similarly, it should not be assumed that the methods, techniques, or indicators presented in these products and/or services will be profitable or that they will not result in losses.
Any earnings or income statements or examples shown in the Information or through the Website are only estimates of what might be possible now or in the future, and are provided only for informational and educational purposes.
No Assurance of Investment Return
The Company cannot provide assurance that you will be able to choose, make and realize trades in options in any particular company or portfolio of companies. There is no assurance that you will be able to generate returns or that the returns will be commensurate with the risks of investing in options generally, or that you will receive a return of its capital. Trading in options should only be considered by persons who can afford a loss of their entire investment.
Neither the Company nor any Company Person has made any representations as to the health, physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your accessing of, or use of, the Information or the Website. The Company cannot and does not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through your access of or use of the Information (including, without any limitation, any Information) and the Website.
No Investment Advice
Although the Information and the Website may contain general, academic or educational discussions of securities, such discussions are not solicitations of any kind nor a recommendation to buy or sell a particular financial security or product. Such discussions are not, and should not be construed to be, investment advice under any circumstances.
Accordingly, you should not rely solely on the Information or the Website in making any investment. The Company strongly recommends that you seek the advice of your licensed financial, investment, tax, legal or other professional advisor to determine the suitability of any investment.
No Legal, Accounting, or Financial Advice
The Information and the Website are not intended to be perceived as, or relied upon, as legal, accounting, or financial advice. The Company is not a law firm, accounting firm, or financial advisory firm and does not provide legal, accounting, or financial advice. The information provided through the Information and the Website is not intended to be a substitute for the professional advice that can be provided by your own accountant, lawyer, or financial advisor.
Neither the Company nor any Company Person is, in such capacities, a licensed financial advisor, registered investment advisor, registered broker-dealer or FINRA | SIPC | NFA-member firm. As a result, you may not receive the protections or benefits that you might be entitled to were this not the case.
While the Information and the Website may present real-world experiences, testimonials, and insights about other people’s experiences with the Information or the Website, such experiences are provided for the purposes of illustration only. Testimonials may not be representative of all reasonably comparative users. The testimonials presented on the Website are of actual clients, although in some cases their photographs and names have been removed or changed for privacy purposes (and thus are not the photographs or names of actual users of the Information or the Website). However, the Company does not alter, modify, or adjust the testimonial or endorsement given by a user (other than, in some cases, editing for brevity).
Assumption of Risk
As with all situations, unknown individual risks and circumstances can arise during use of the Information and the Website that cannot be foreseen and that can influence or reduce results. You recognize and agree that any mention of any suggestion or recommendation contained, or that you believe to be contained, in the Information or the Website is to be taken at your own sole risk, with no liability on the Company or any Company Person’s part.
Errors and Omissions
The Information and the Website may contain inaccuracies or typographical errors. The Company is not responsible for the views, opinions, or accuracy of facts referenced on or through the Information or the Website, or of those of any other individual or company affiliated with the Company or any Company Person in any way. The Company is not responsible for the accuracy of the Information or the Website, or for any errors or omissions that may occur in connection therewith.
The Company does not guarantee that your access to the Information and the Website will not be suspended or restricted from time to time, including (without limitation) to allow for repairs, maintenance or updates, as a result of third-party denial-of-service or other attacks, or through circumstances outside the Company’s reasonable control. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should any Information or the Website become unavailable or should access to the them becomes slow or incomplete for any reason, such as (without limitations) system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the Information or the Website inaccessible to you.
References or links in the Information and the Website to the information, opinions, advice, programs, products or services of any other individual, business or entity do not constitute a formal endorsement by the Company of such other person. The Company is not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any other person, business or entity that may be linked or referenced in my Website. Conversely, should the Information or a Website link appear in any other individual’s, business’s or entity’s website, program, product or services, such appearance does not constitute the Company’s endorsement of them, their business or their website.
From time to time, the Company may promote, affiliate with, or partner with other individuals or businesses whose Information or Website align with the Company’s. In some cases in connection therewith, the Company may receive financial compensation or other consideration from such individuals or businesses. You acknowledge that such promotion or marketing by the Company does not serve as any form of endorsement of such product or service whatsoever. You acknowledge and agree that you are still required to use your own judgment to determine that any such program, product or service is appropriate for you, and that you assume all risks, in connection with your use of any program, product or service that may promote, market, share or sell on or through the Website.
INTELLECTUAL PROPERTY RIGHTS
purpose; and (7) your use of the Site will not violate any applicable law or regulation.
your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, youhereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Kent County, Delaware. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY LOOGING IN TO THE THE SOFTWARE PRODUCT OR BY DOWNLOADING, INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO ACCESS THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT LOGIN TO, USE, OR COPY THE SOFTWARE PRODUCT.
This Agreement entitles you to one set of login credentials to access the Software Product. This Agreement does not permit the installation or use of multiple simultaneous instances of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product.
Restrictions on Transfer
Without first obtaining the express written consent of Algopti, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.
Restrictions on Use
You may not simultaneously access the software product on more than two devices at a time (i.e. Desktop and mobile or tablet).
You may not decompile, "reverse-engineer", disassemble, or otherwise attempt to derive the source code for the Software Product.
You may not use the database portion of the Software Product in connection with any software other than the Software Product.
This Agreement and License only authorizes Private non-commercial use of the Software Product.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.
Disclaimer of Warranties and Limitation of Liability
NO WARRANTY. By using any of Algopti's products or services you acknowledge and agree that the Algopti's Products and Services is provided on an "AS IS" basis. ALGOPTI MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE PRODUCT OR SERVICES AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE ALGOPTI BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OR USE OF THE SOFTWARE PRODUCT. Any actions taken by the Subscriber in regard to the use of the Software Product shall be solely at the risk of the Subscriber.
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY ALGOPTI, ALGOPTI MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS (IF ANY) PROVIDED WITH THE SOFTWARE PRODUCT.
Algopti makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. Algopti makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. ALGOPTI WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL ALGOPTI, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF ALGOPTI OR ANY OTHER PARTY, EVEN IF ALGOPTI IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS ALGOPTI'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of Algopti. Algopti reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If Algopti is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a prorated refund of any unused portion of the first year's license fee paid for the Software Product License exclusive of any costs for shipping and handling.
Any claim must be made within any applicable warranty or refund period. Warranties if any cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by Algopti to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold Algopti harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Delaware, United States of America without regard to Delaware's conflict or choice of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
Software license fees or trial license fees are non-refundable.