Terms of Service

DoubleYourYield.COM™ Online Services

Terms of Service

The terms of service for the DoubleYourYield.COM Online Services™ ("Terms of Service") are effective immediately upon your acceptance of the Terms of Service by clicking the "I Agree" button. The terms "you", "your" or "user" as used in the Terms of Service all refer to the person using the DoubleYourYield.COM Online Services™ in any way.

1. Permitted Uses and Restrictions on Use. Subject to the terms and conditions of the Terms of Service, Double Your Yield™ LLC ("DYY" or “We”) or its subcontractors will provide online information and training services for learning stock option strategies (collectively referred to as the "Service").  

A. THE INFORMATION SUPPLIED ON THIS SITE IS FOR EDUCATIONAL PURPOSES.  IT IS NOT INTENDED AS INVESTMENT ADVICE.  TO GIVE INVESTMENT ADVICE PROPERLY REQUIRES A KNOWLEDGE OF THE INVESTOR’S FINANCIAL POSITION AND OTHER INVESTMENTS, INFORMATION WHICH WE DO NOT COLLECT;

b. You may use the Service after you have read and accepted all of the Terms of Service by clicking the "I Agree" button.  By activating the service you represent that you are of legal age and agree to be bound by the Terms of Service.  If you do not agree to the Terms of Service, do not use the Service. Your electronic acceptance on our web site or your activation or use of the Service constitutes your acceptance of the Terms of Service and shall have the same force and effect as if you had actually signed the Terms of Service.

c. In order to use the Service, you are responsible, at your own expense, to obtain a Service-compatible internet browser and access to the Internet. In addition, you must have a valid e-mail account and all the equipment necessary to connect to the Internet.

d. The Service will begin and remain in force for as long as DYY receives confirmation that you have paid your subscription fee.

2. Your Subscription Obligations.

a. In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s subscription form(s) (such information being the "Subscription Data") and (b) maintain and promptly update the Subscription Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or DYY has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DYY may suspend or terminate your Service account and refuse any and all current or future use of the Service (or any portion thereof).

b. For purposes of this Service, Content as defined above shall include text, graphics or other elements used as part of the upload features of the Service.

c. You agree to comply with DYY’s then-current Acceptable Use Policy as posted from time to time. By submitting Content ("Content") to DYY in connection with this Service, you warrant that: (i) you are the owner of such Content, or have been granted all the rights necessary from the owner of Content to submit such Content to DYY, and (ii) the use of Content by DYY and its service providers and your customers will not infringe or misappropriate the intellectual property rights of or otherwise violate the rights of any third party.

3. Access, Passwords and Security.  You may designate users under your Service account and you may provide and assign additional logins to such users. You will be responsible for the confidentiality and use of your Service account and logins. You will be responsible for all electronic communications, including account registration and other account holder information, email and financial, accounting and other data ("Electronic Communications") entered through or under your Service account. DYY will act as though any Electronic Communications it receives under your Service account will have been sent by you. You agree immediately to notify DYY if you become aware of any loss or theft or unauthorized use of your Service account and/or logins

4. General Practices Regarding Use, Storage and Service Access.  You acknowledge that DYY may establish from time to time general practices and limits concerning use of the Service, including without limitation, establishing the maximum amount of storage space you have on the Service at any time, as well as limiting the number of times (and the maximum duration for which) you may access the Service and/or features within the Service in a given period of time. You agree that DYY has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. As a condition of use for this Service, you agree that, in the event of an error with your Service, a Service technician shall be permitted to access your data as necessary to resolve the problem. You acknowledge that DYY reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. DYY will not necessarily continue to store messages, communication, data, Content and/or any other information after your Service expires or is cancelled.

5. Consumer Information and Privacy

a. Privacy.  For details about DYY’s privacy policies, please refer to the gPortals Privacy Policy, accessible via the Service home page. You agree to the terms and conditions of the gPortals Privacy Policy, as it may be amended from time to time, which is incorporated herein by reference.

b. Healthcare Information.  You acknowledge and agree that the Service is not "HIPAA-ready" or "HIPAA-compliant" and will not assist with or ensure compliance with HIPAA, and that you are solely responsible for using the Service in a manner consistent with all applicable federal and state privacy laws relating to medical or health information.

6. Modifications to the Service or Terms of Service.

a. Modifications to the Service.  DYY reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) at reasonable notice to you. You agree that DYY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. DYY may specify from time to time the version(s) of related products required in order to use the Service (e.g. supported browser versions).

b. Modifications to the Terms of Service.  You agree that DYY may modify the Terms of Service for any reason. Your continued use of any of the Service shall constitute your acceptance of the Terms of Service with the new modifications. If you do not agree to any of such changes, you may terminate the Terms of Service and immediately cease all access to and use of the Service. You agree that such termination will be your exclusive remedy if you do not wish to abide by any changes to the Terms of Service.

7. Fees.  You agree to pay the then-current fees associated with the respective plans of the Service, as appropriate. DYY reserves the right to modify its fees. All fees are exclusive of sales tax or other tax, except as required by law. A promotional plan of limited duration also may be offered from time to time at no or reduced charges.

8. Termination.  You acknowledge and agree that DYY may suspend or terminate your Service account and/or deny you access to, use of, or submission of Content for, all or part of the Service, without prior notice, if you engage in any conduct that DYY believes, in its sole discretion: (a) violates any term or provision of the Terms of Service, (b) violates the rights of DYY or third parties, (c) or is otherwise inappropriate for continued access and use of the Service. In addition, DYY reserves the right to terminate inactive Service accounts. You agree that upon termination, DYY may delete all files and information related to your Service account and may bar your or any third party’s access to your Service account and the Service. Further, you agree that DYY shall not be liable to you or any third-party for any termination of your access to the Service. You agree to defend, indemnify and hold DYY harmless from and against any and all claims, losses, liability costs and expenses (but not attorneys' fees) arising from your violation of the Terms of Service, state or federal laws or regulations, or any third party's rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights.

9. Links.  The Service may provide links to other internet sites or resources. You acknowledge and agree that DYY is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that DYY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

10. DYY Proprietary Rights.  You acknowledge and agree that the Service contains proprietary and confidential information that may be protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information that is presented to you through the Service is proprietary, whether or not protected by copyrights, trademarks, Service marks, patents or other proprietary rights and laws.

11. No Resale, Etc. of the Service.  You agree not to copy, sell, resell, rent or sublicense (including offering the Service to third parties on an applications service provider or time-sharing basis), lease, loan, redistribute, or create a derivative work of any portion of the Service, use of the Service, or access to the Service except after we give you written permission to do so. You agree not to access the Service by any means other than through the interface that is provided by DYY for use in accessing the Service.

12. Representations and Warranties.  You represent that, to the best of your knowledge and belief, your use of the Service does not directly or indirectly infringe the legal rights of any third party. You further represent and warrant that all information provided by you in connection with your registration is accurate and reliable.

13. Disclaimer of Warranties.  You expressly understand and agree that: 

(a) your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. DYY and its suppliers expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;  

(b) DYY and its suppliers make no warranty that (i) the service will meet your requirements or result in revenues or profits, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, and (iv) the quality of any products, service, information, or other material purchased or obtained by you through the service will meet your expectations. DYY and its suppliers make no representations or warranties of any kind whatsoever, express or implied, in connection with the terms of service or the service, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement, unless such representations and warranties are not legally excludable. DYY expressly disclaims any representations or warranties that your use of the service will satisfy any statutory or regulatory obligations, or will assist with, guarantee or otherwise ensure compliance with any applicable laws or regulations, including but not limited to the health insurance portability and accountability act of 1996 ("HIPAA"), the Gramm-Leach-Bliley act of 1999, the Sarbanes-Oxley act of 2002, or other federal or state statutes or regulations. You are solely responsible for ensuring that your use of this service, related services or content is in accordance with applicable law;  

(c) Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material;  

(d) No advice or information, whether oral or written, obtained by you from DYY or through or from the service shall create any warranty not expressly stated in the terms of service.

14. Limitation of liability.  You expressly understand and agree that DYY and its suppliers shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if DYY has been advised of the possibility of such damages) resulting from or caused by the use of the service including but not limited to:  (a) the posting of materials on the service by you or by DYY on your behalf;   (b)  the cost of procurement of substitute goods and service resulting from any goods, data, information or service purchased or obtained or messages received or transactions entered into through or from the service; (c) unauthorized access to or alteration of your transmissions or data;  (d) statements or conduct of any third party on the service; or (e)   any other matter relating to the service. 

You also agree that DYY will not be liable for any (a) interruption of business, (b) access delays or access interruptions to this site or the web site(s) you access through this service; (c) data non-delivery, mis-delivery, corruption, destruction or other modification; (d) events beyond DYY’s reasonable control;  

In no event shall DYY’s maximum aggregate liability exceed the total amount paid by you to DYY for the service, but in no event greater than one (1) year’s subscription fees. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, if applicable, our liability is limited to the extent permitted by law.  

15. Indemnification.  You acknowledge and agree that DYY shall not be liable to you or any third-party for services performed under this agreement, or relating to any materials posted on the Service by you or by DYY on your behalf.  You agree to defend, indemnify and hold DYY harmless from and against any and all claims, losses, liability costs and expenses (but not attorneys' fees) arising from acts performed by DYY, its officers, agents and employees acting on your behalf or under your direction, or caused by materials posted on the Service, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights.. 

In the event of an action by a third party against DYY, its officers, agents, or employees, which you are or may be obligated to defend, you agree to pay, concurrently with billings submitted, for an attorney of DYY’s choice to defend the subject defendant or defendants throughout such action; provided, however, that you are entitled to reserve any rights of recoupment arising as a matter of law.

16. Exclusions and limitations.  Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 13 and 14 may not apply to you.

17. General information.  

a. The service is not offered or available to persons under the age of thirteen (13).

b. Notices to you may be made via email, regular mail, overnight courier or facsimile at your contact addresses of record for the Service. The Service may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Service. If you provide notice to DYY, such notice shall be sent to: Double Your Yield LLC, 311 Amalfi Drive, Santa Monica, California 90402, Attn: Mervyn L. Hecht, General Counsel.

c. The Terms of Service (and the policies linked to them) constitute the entire agreement between you and DYY and governs your use of the Service, superseding any prior agreements between you and DYY (including, but not limited to, any prior versions of the Terms of Service) with respect to their subject matter. You also may be subject to additional terms and conditions that may apply when you use affiliate or other DYY services, third-party content or third-party software.

d. Except as otherwise provided herein, the Terms of Service shall be governed by the laws of the State of California, USA without regard to its conflict of law provisions.

e. Except as otherwise provided in the Terms of Service, you and DYY agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California, USA. The Terms of Service do not limit any rights that DYY may have under trade secret, copyright, patent, trademark or other laws.

f. The failure of DYY to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

g. Any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

h. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

i. The Terms of Service will inure to the benefit of DYY and its successors and assigns. These Terms of Service are solely for the benefit of you and DYY, and no third party shall be a third-party beneficiary hereof.

18. Survival.  Sections, 8, 12, 13, 14, 15, 16, 17, and 18 in the Terms of Service shall survive the termination of the Terms of Service.

DISCLAIMER: This is an educational site. The trades suggested on this site are examples to help the readers understand the principals of option trading. They are not intended as "tips" for actual trading and are suggested so that the reader can enter and follow hypothetical trades in the portfolio manager.

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