Terms and Conditions
TERMS AND CONDITIONS OF USE and NOTICES
AGREEMENT BETWEEN USER AND SUPER DERIVATIVES, INC.
The SuperDerivatives.com web site is comprised of various Web sites and Web pages, as well as links to various services owned and/or operated by Super Derivatives Inc. and/or its affiliates (referred to herein collectively as “Super Derivatives” or “we”, and the "Super Derivatives Web Sites" respectively).
The Super Derivatives Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Super Derivatives Web Sites constitutes your agreement to all such terms, conditions, and notices, as shall be amended from time to time. Your use of a particular Super Derivatives Web Site included within the Super Derivatives Web Sites may also be subject to additional terms outlined elsewhere in this agreement.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THESE WEB SITES.
You must be at least 18 years of age to use the Web Sites. If you are not at least 18 years old, please do not access or use the Web Sites.
Super Derivatives Inc. reserves the right to change the terms, conditions, and notices under which the Super Derivatives Web Sites are offered, including but not limited to the charges or fees associated with the use of the Super Derivatives Web Sites. You are responsible for regularly reviewing these terms and conditions, and your continued use of the Super Derivatives Web Sites will be deemed as acceptance of such terms and conditions. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement.
Super Derivatives reserves the right, in its sole discretion, to terminate your access to any or all Super Derivatives Web Sites and the related services or any portion thereof at any time, without notice.
To have access to certain services offered by Super Derivatives on the Super Derivatives Web Sites, you must register with and receive from Super Derivatives an individual user name and password. When and if you register, You agree to (a) provide accurate, current, and complete information about yourself and any entity you are employed by or provide services to as prompted by the appropriate registration form, and (b) to maintain and update your information to keep it accurate, current, and complete.
You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the SuperDerivatives Web Sites.
As part of the registration process, you will be asked to select a username and password. Super Derivatives at its sole discretion, may refuse to grant you the username you selected for any reason, including but not limited because it believes that it impersonates someone else, it is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, and so forth.
The username and password are individual to You and may not be shared, sold, transferred or otherwise used to access the SuperDerivatives Web Sites or any service by anyone else. Simultaneous access to such service, via the same password and/or username or via two separate devices or otherwise is strictly prohibited.
If you are a registered user of any service offered at the Super Derivatives WebSites, and you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information, and immediately notify us by emailing us at support@SuperDerivatives.com or by calling its offices during business hours at +1 212 8327350 or +44 207 7303339.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING TRANSACTIONS, IF ANY) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Super Derivatives Web Sites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, reverse-engineer or sell any information, software, products or services obtained from the Super Derivatives Web Sites.
The material provided on Super Derivatives Web Sites is for general informational purposes only. No information on any of the Super Derivatives Web Sites is intended as investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security, or fund. The information on the Super Derivatives Web Sites should not be relied upon for purposes of transacting any financial derivatives, instruments, securities or other investments.
Super Derivatives cannot and do not assess or guarantee the suitability or profitability of any particular investment, or the potential value of any investment or informational source. You bear responsibility for your own investment research and decisions, and should seek the advice of a qualified professional before making any investment.
LINKS TO THIRD PARTY SITES
The Super Derivatives Web Sites may contain links to other web sites or systems ("Linked Sites"). The Linked Sites are not under the control of Super Derivatives and Super Derivatives is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Super Derivatives is not responsible for webcasting or any other form of transmission received from any Linked Site.
Super Derivatives is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Super Derivatives of the site or any association with its operators.
You acknowledge and agree that Super Derivatives shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Super Derivatives Web Sites, you warrant to Super Derivatives that you will not use the Super Derivatives Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Super Derivatives Web Sites in any manner that could damage, disable, overburden, or impair the Super Derivatives Web Sites or interfere with any other party's use and enjoyment of the Super Derivatives Web Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Super Derivatives Web Sites. You may not (i) modify or create any derivative works of the Super Derivatives Web Sites or documentation, including translation or localization; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the software used on the Super Derivatives Web Sites (except to the extent applicable laws specifically prohibit such restriction); (iii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels on the Super Derivatives Web Sites.
USE OF COMMUNICATION SERVICES
The Super Derivatives Web Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer, including any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of the Web Sites
- Frame" or "mirror" any part of the Web Sites without our prior written authorization
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages
- Engage in spamming or flooding.
- Conduct or forward surveys, contests, pyramid schemes or chain letters
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
- Remove any copyright, trademark, or other proprietary rights notices contained in the Web Sites
- Restrict or inhibit any other user from using and enjoying the Communication Services, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any of the Web Sites
- Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Web Sites or their contents
- Harvest or otherwise collect information about site visitors or members, including e-mail addresses, without their express consent. Permit anyone else whose account or subscription was terminated to use any of the Web Sites through your subscription, username or password. Violate any applicable laws or regulations
Super Derivatives has no obligation to monitor the Communication Services. However, Super Derivatives reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Super Derivatives reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Super Derivatives reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Super Derivatives's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Super Derivatives does not control or endorse the content, messages or information found in any Communication Service and, therefore, Super Derivatives specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
Managers and hosts are not authorized Super Derivatives spokespersons, and their views do not necessarily reflect those of Super Derivatives.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
PAYMENT AND RENEWAL
Current subscription rates and charges for Super Derivatives are available by email at email@example.com. Payment for your subscription is due in advance of the subscription period, unless you are a free trial user (as decided by Super Derivatives at its sole discretion).
Subscriptions to Super Derivatives Web Sites are generally for twelve (12) month terms each, and non-renewal policies in relation to subscriptions are governed by individual Services Agreements.
This Agreement shall remain effective until terminated in accordance with its terms. Notwithstanding the foregoing, Super Derivatives may terminate this Agreement, and/or your access to and use of the Super Derivatives Web Sites or any portion thereof, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement. In addition, we reserve the right, upon immediate notice, to terminate this Agreement without cause provided however that if you had actually paid a subscription fee Super Derivatives Inc. shall reimburse any whole months remaining on your subscription.
MATERIALS PROVIDED TO SUPERDERIVATIVES.COM OR POSTED AT ANY SUPERDERIVATIVES WEB SITE
Super Derivatives does not claim ownership of the materials you provide to Super Derivatives (including feedback and suggestions) or post, upload, input or submit to any SuperDerivatives.com Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Super Derivatives and its designees a worldwide, non-exclusive, sublicensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. None of the Submissions disclosed in Message Boards or other forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Submissions.
No compensation will be paid with respect to the use of your Submission, as provided herein. Super Derivatives is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Super Derivatives's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
SOFTWARE AVAILABLE ON THE SUPERDERIVATIVES WEB SITES
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
Market quotes, including but not limited to, currency rates, forward rates, stock market indices, interest rates, securities, any and all derivatives rates etc., appearing on the Super Derivatives Web Sites and in email alerts may delayed at least 15 or 20 minutes. Market quotes indicated as "real-time quotes" are made available without delay following their receipt. Your actual receipt of real-time quotes may be affected by delays in transmission over the Internet, and by other causes. All market quotes are labelled with "time of last trade" to indicate the timeliness of the data.
Market quotes are believed to be accurate and timely (subject to the aforementioned delays), but Super Derivatives and its suppliers do not warrant or guarantee such accuracy or timeliness. You should always consult a stockbroker or other authorized financial advisor or representative to establish actual market prices before making any stock trades or other financial decisions. Super Derivatives and its suppliers do not authorize the use of market quote information for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information to third parties.
THIRD PARTY ACCOUNT INFORMATION
By using the account access service accessed through the Super Derivatives Web Sites, you authorize Super Derivatives and its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint Super Derivatives and its agents as your agent for this limited purpose. Each time you enter your account login information, you are permitting Super Derivatives and its agents to process your request and use information submitted by you to accomplish the foregoing.
You will choose a password when registering. You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all activities that occur using your password or account. Please notify Super Derivatives Inc. immediately of any unauthorized use of your
password or account or any other breach of security. Super Derivatives Inc. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's password at any time.
DISCLAIMER OF WARRANTIES AND LIABILITY
SUPER DERIVATIVES IS COMMITTED TO MAINTAINING THE INTEGRITY AND ACCURACY OF MATERIALS CONTAINED IN THE SUPERDERIVATIVES WEB SITES. HOWEVER, THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SUPERDERIVATIVES WEB SITES MAY INCLUDE INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SUPER DERIVATIVES AND/OR ITS RESPECTIVE SUPPLIERS OR LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SUPERDERIVATIVES WEB SITES AT ANY TIME. ADVICE RECEIVED VIA THE SUPERDERIVATIVES WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. SUPER DERIVATIVES AND/OR ITS RESPECTIVE SUPPLIERS OR LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SUPERDERIVATIVES WEB SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.
SUPERDERIVATIVES AND/OR ITS RESPECTIVE SUPPLIERS OR LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Applicable law may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you in this regard.
YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF SUPER DERIVATIVES INC. OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITES AND ANY MATERIALS PROVIDED THROUGH THE SITES ARE ENTIRELY AT YOUR OWN RISK.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; (b) any allegation that any materials that you submit to us or transmit to the Sites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Sites or any services related to the Sites, including without limitation any transactions you or any third party effected or refrained from effecting.
This agreement is governed by and construed in accordance with the laws of the State of New York, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in New York County, New York, U.S.A. in all disputes arising out of or relating to the use of the Super Derivatives Web Sites. Use of the Super Derivatives Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Super Derivatives as a result of this agreement or use of the Super Derivatives Web Sites. Super Derivatives's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Super Derivatives's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Super Derivatives Web Sites or information provided to or gathered by Super Derivatives. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Failure to enforce any provision that most closely matches the intent of the original provision in respect of warranty disclaimers and liability limitations set forth above shall result in frustration of the agreement and you hereby acknowledge that Super Derivatives would not have entered such any agreement lacking these provisions and limitations. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The Super Derivatives Web Sites is subject to and complies with the laws of the United States. We make no representation that materials in the Sites are appropriate or available for use in other locations. Those who choose to access the Sites from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Sites and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Super Derivatives Web Sites are:
Copyright © 2000 - 2015 Super Derivatives Inc. and/or its suppliers or licensors, ADDRESS: 55 East 52nd Street, 40th Floor, New York, NY 10055 USA, All rights reserved.
TRADEMARKS. SuperDerivatives and/or other Super Derivatives products and services referenced herein are either trademarks or registered trademarks of Super Derivatives, Inc. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
For more details and other intellectual property rights see also: http://www.sdgm.com/en/Intellectual%20Property.aspx
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Super Derivatives Inc. or one of its subsidiaries infringe your copyright (for example, materials posted to a Message Board), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see for details. Notices and counter-notices with respect to the Web Sites should be sent to General Counsel, Super Derivatives Inc., 55 East 52nd Street, 40th Floor, New York, NY 10055 USA, or firstname.lastname@example.org.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there can be penalties for false claims under the DMCA.
OTHER ACKNOWLEDGMENTS AND NOTICES
Historical chart information supplied by several brokerage companies. Certain software used in the SuperDerivatives.com Web Sites servers is based in part on the work of the Independent JPEG Group. Copyright © 1991 -1996 Thomas G. Lane. All rights reserved.
COPYRIGHT AND LIMITATIONS ON USE
The content available through Super Derivatives is the property of Super Derivatives or its licensors and is protected by copyright and other intellectual property laws. Content includes for example analytical tools, financial calculators, news and other stories, and other items displayed on the site. Content received through SuperDerivatives.com Web Sites may be displayed, reformatted, and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through SuperDerivatives.com Web Sites to anyone, including but not limited to others in the same company or organization, without the express prior written consent of Super Derivatives. You may not post any content from SuperDerivatives.com Web Sites to newsgroups, mail lists or electronic bulletin boards, without the prior written consent of Super Derivatives.