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Terms and Conditions, NakedDelta November 2023
See also our Refund policy.
As a user of the website, you agree not to:
- Modify, adapt, or violate the security of the website.
- Reverse engineer the algorithms used by the website or probe it for vulnerabilities.
- Systematically retrieve data or other content from the website to create or compile a collection, compilation, database, or directory without written permission from us.
- Make any unauthorized use of the website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretenses.
- Circumvent, disable, or otherwise interfere with security-related features of the website, including features that prevent or restrict the use or copying of any content, or enforce limitations on the use of the website and its content.
- Engage in unauthorized framing of or linking to the website.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the website.
- Attempt to impersonate another user or person or use the username of another user.
- Sell or otherwise transfer your profile or any rights granted to you under these Terms.
- Use any information obtained from the website to harass, abuse, or harm another person.
- Use the website as part of any effort to compete with us.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the website to you.
- Copy, reproduce, alter, modify, or adapt the website's software, including, but not limited to, Flash, PHP, HTML, JavaScript, or other code.
- Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the website.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the website.
- Use the website in a manner inconsistent with these Terms or any applicable laws or regulations.
We may suspend or terminate your access to the website (or any portion thereof) at any time and for any reason, including, without limitation, for operational, regulatory, legal, or other reasons, or if you breach any of the terms contained herein.
To the maximum extent permitted under law, you hereby agree that we are not liable for any loss or damage of any kind resulting from the use, inability to use, performance or nonperformance of the website or any content, information or data accessed on or through the website. We provide the website on an "as is" and "as-available" basis. You agree that your use of the website will be at your sole risk.
You further agree that we are not responsible or liable for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages, even if we have been advised of the possibility of such damages. Under no circumstances will we be liable for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the website, your account, or the information contained therein. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid by you to us during the six (6) month period prior to any cause of action arising. This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction. Certain US state laws, EU state and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
You hereby agree to indemnify, defend and hold us and our members, managers, directors, officers, shareholders, subsidiaries, affiliates, agents, and licensors harmless from and against any and all claims, causes of action, losses, expenses, damages, and costs, including attorneys' fees, resulting from: (1) your violation of these terms, (2) your use of the platform or any content, information or data accessed on or through the website, and/or (3) your infringement or violation of any third-party's rights, including intellectual property rights.
These terms and any policies or operating rules referenced herein or in respect to the website constitute the entire agreement and understanding between you and us and supersede any prior agreements and understandings. Any failure by us to exercise or enforce any right or provision of the terms shall not constitute a waiver of such right or provision. No waiver by us of any provision of these terms will be deemed as further or continuing waiver of such provisions or any others. We may assign any or all of our rights and obligations to others at any time without notice. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. The laws of Australian Capital Territory, Australia will apply to any disputes arising out of or relating to these terms or the website. All claims arising out of or relating to these terms or the website will be litigated exclusively in the Australian Federal or Magistrates courts of Australian Capital Territory, Australia, and you consent to personal jurisdiction in those courts. If any provision of these terms is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remaining provisions shall continue in full force and effect. In any event, such an invalid or unenforceable provision shall have no effect on the validity or enforceability of the remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these terms or the website. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
- Nakedelta.com is a visual data representation website. NakedDelta only uses factual OPRA (Options Price Reporting Authority https://www.opraplan.com/) market data. By accessing, viewing, or using nakeddelta.com , it is assumed you have read, understood, and accepted these Terms and Conditions.
- In accepting these terms and conditions you have agreed and accepted that the IP contained in this website belongs entirely to NakedDelta and that the use of this is only authorized for the subscriber. This IP, data and visual representations cannot be resold or used for third-party commercial use without the express written consent of NakedDelta.
- The site or the owners, affiliates (including links), agents, or anyone, anything, or entity associated with the site are not liable for any losses, profits, damages, injuries, monetary or otherwise that may result from using or applying information or data from the website.
- Neither the site or the owners, affiliates (including links), agents, or anyone, anything, or entity associated with the site shall be liable to you or anyone else for any loss or injury resulting from use of the website.
- In no case or event will the site or the owners, affiliates (including links), agents, or anyone, anything, or entity associated with the site be liable to you or anyone else for any decision made or action taken by you in reliance on any content or data on the site.
- Investment Disclaimer:
NakedDelta provides general information for educational uses only, derived from 3rd party supplied OPRA (Options Price Reporting Authority)market data. Nothing NakedDelta provides is meant to be a recommendation or offer to buy or to sell securities. NakedDelta is not registered as a securities broker-dealer or as an investment adviser either with the U.S. Securities and Exchange Commission or with any state securities regulatory authority and does not attempt or intend to influence the purchase or sale of any security. NakedDelta is neither licensed nor qualified to provide investment advice. As such, NakedDelta accepts no liability whatsoever for any direct or consequential loss arising from any use of information from the Service. No information from NakedDelta is intended as securities brokerage, 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. NakedDelta recommends that persons desiring to trade or invest in securities do so cautiously and in consultation with their qualified financial, legal, and tax advisors. We cannot and do not assess, verify, or guarantee the adequacy, accuracy, or completeness of any information, 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 you should seek the advice of a qualified securities professional before making any investment. Please ask your broker or your financial advisor to explain all risks to you before making any trading and investing decisions. - The site or the owners, affiliates (including links), agents, or anyone, anything, or entity associated with the site may or may not hold a position in any stocks, options, futures, commodities, bonds, currencies, swaps, or other financial securities listed at the time of publication and reserve the right to buy or sell any type of security.
- Please note that the site or the owners, affiliates (including links), agents, or anyone, anything, or entity associated with the site may already have invested or may from time to time invest in securities that are otherwise covered on this website.
- Neither the site or the owners, affiliates (including links), agents, or anyone, anything, or entity associated with the site intend to (unless they wish to) disclose the extent of any current holdings or future transactions with respect to any particular security. You should consider this possibility before investing.
- No communication by the site, owners, affiliates (including links), agents, or anyone, anything, or entity associated with the site to you should be deemed as individual investment advice.
- Although the site, owners, affiliates (including links), agents, or anyone, anything, or entity associated with the site may answer your general questions or comments, they are not licensed under securities laws to address your particular investment situation.
- NakedDelta research and commentary is only related to the visualization of the financial market data derived from 3rd party supplied OPRA (Options Price Reporting Authority)market data thought to be reliable and is not intended as investment advice or does not imply investment advice.
- Information and historical data is obtained from sources which the site believes reliable, but the site does not guarantee its accuracy.
- Geographic Restrictions:
NakedDelta provides this Website for use only by persons located in North America. NakedDelta makes no claim that the Website or any of its content is accessible or appropriate outside of North America. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside North America, you do so on your own initiative and are responsible for compliance with local laws. NakedDelta reserves the right to limit the availability of the Website and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction it so desires, at any time and in its sole discretion, and to limit the quantities of any such service or product that NakedDelta provides. NakedDelta explicitly does not provide this subscription service to any person, individual or corporate employees who holds Australian Citizenship, permanent Australian residency or temporary residents of Australia. If you are found to be any of the above Australian Citizenship or Residencies you will be refunded and your login will be withdrawn by NakedDelta.com. - Disclaimer of Warranties:
You understand that NakedDelta cannot and does not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. To the fullest extent provided by law, NakedDelta will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the website, its content, and any services obtained through the website is at your own risk. The website, its content, and any goods or services obtained through the website are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. Neither NakedDelta nor any person associated with NakedDelta makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the foregoing, neither NakedDelta nor anyone associated with NakedDelta represents or warrants that the website, its content, or any goods or services obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our website or the server that makes it available are free of viruses or other harmful components, or that the website or any services obtained through the website will otherwise meet your needs or expectations.
To the fullest extent provided by law, NakedDelta hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
By subscribing to Nakeddelta subscription products (the “Subscription”), you agree to pay the applicable Subscription fees set forth on the Site. NakedDelta reserves the right to revise Subscription fees upon reasonable notice.
We remind you that all the rules applicable to setting up an account under User Agreement above ("User Conduct") apply to your Subscriptions.
Unless we notify you in writing otherwise, you are not permitted to share Content available through your Subscriptions.
Unless stated otherwise in writing, Subscription fees are nonrefundable. You may cancel purchases of NakedDelta products or complimentary services by updating your preferences in your Subscription Settings page, by contacting us by email at subscriptions@nakeddelta.com, or by another designated cancellation method.
During any free trial portion of a NakedDelta subscription, you may cancel your trial subscription at any time (and not be billed) by notifying us as provided in the paragraph immediately above. You must cancel your trial subscription no later than two weekdays (2) before the free trial period expires in order to avoid conversion to a paid subscription.
Discounted/Coupon Subscriptions: Subscriptions acquired with discounts or promotions are non-refundable due to the preferential rates provided.
Annual Subscriptions: Our annual plans come at a significant discount and, as such, are non-refundable. If you're new to our service or uncertain about a year-long commitment, we strongly recommend starting with a monthly subscription to ensure our offering aligns with your needs. Once you're confident, you can transition to an annual subscription.
By subscribing, you agree to this no refund policy. If you have any questions, please reach out to our support team.
NakedDelta reserves the right to cancel a Subscription at any time. If we cancel a Subscription due to a breach of these Terms of Use you will not be eligible for any refund.