The Option Army Terms of Use
Terms & Conditions of Use
Last Updated: February 23, 2024
These Subscriber Terms and Conditions of Use (these "Terms") govern the use by subscribers ("you" or "your") to our Services (as defined below) provided by The Option Army Group LLC (DBA The Option Army) ("we", "our", "us", or "The Option”) and made available on www.theoptionarmy.com (the "Site"). Please read all these Terms carefully before you subscribe for any of our Services.
Quick Links:
- Acceptance of Terms; Modification of Terms
- Right to Use Services
- Important Disclaimers Related to our Services
- Our Proprietary Rights
- Termination of Your Subscription
- Additional Terms Applicable to User Contributed Content
- International Use
- Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- Governing Law
- Miscellaneous
- Legal Notices
1. Acceptance of Terms; Modification of Terms
By using any of our Services, you agree to comply with these Terms and our privacy policy, found at www.theoptionarmy.com/privacypolicy incorporated herein by reference. PLEASE READ THESE TERMS CAREFULLY BEFORE USING OR SUBSCRIBING TO OUR SERVICES. If you do not agree to these Terms, please do not use our Services. Our Services include information delivered via free content made available on or through our Sites and via email and other electronic communications.
We may revise these Terms from time to time. If we change these Terms, a link to the revised version will be posted on the Sites and the effective date will be noted at the bottom of the Terms. You should review the Terms periodically for changes.
Your use of the Services after such changes to the Terms signifies your acceptance of the revised Terms.
2. Right to Use Services
Parts of the Sites, including parts relating to the Paid Service, may be accessed only with a User ID and Password. YOU AGREE THAT SUCH ACCESS TO THE SITES OR THEIR CONTENT WILL BE LIMITED TO THE NAMED USER(S) ONLY. YOU AGREE FURTHER THAT YOU WILL NOT, UNDER ANY CIRCUMSTANCES, ALLOW YOUR USER ID OR PASSWORD TO BE USED BY ANY OTHER PERSON. "Named User" means the identity of the person that is provided to us as the subscriber to any of the Sites.
3. Important Disclaimers Related to our Services
a. Accuracy of Information Cannot Be Guaranteed
Our Services include investment and market information made available through screen shares, articles and interviews posted to our site, and through content and publications such as The Bunker. Although this material is based upon information that we consider reliable and current, we have not verified this information and do not represent that this material is accurate, current, or complete, and it should not be relied upon as such. The opinions expressed in such publications are those of the publisher and are subject to change without notice. The information in such publications may become outdated, and we have no obligation to update it. You are advised to discuss with your registered commodity broker and financial advisers your investment options and whether any investment is suitable for your specific needs prior to making any investments.
b. Proprietary Trading
The Option Army, its Principals, owners and affiliates may trade in the commodity and equity markets for their own accounts, and in doing so may take positions similar to or opposite to those held by Subscribers or may be competing with Subscribers for positions in the marketplace. Neither the records of this trading nor the written policies regarding such trading will be available for inspection by Subscribers.
c. Content Not to be Construed as Commodity Trading or Personal Investment Advice
We are a publisher, and any material we publish is not a replacement for an experienced futures broker or investment adviser. The material published as part of the Services has been prepared for informational purposes only without regard to your individual investment objectives, financial situation, or means. Information published as part of the Services is not intended to constitute customized, individual commodity trading advice which would necessitate registration as a Commodity Trading Advisor, nor investment advice and is not designed to meet your personal financial situation. The material is not to be construed as an offer to buy or sell, or the solicitation of an offer to buy or sell, any futures contract, option on futures, security, financial product, or instrument; or to participate in any particular trading strategy in any jurisdiction in which such offer, solicitation, or trading strategy would be illegal.
d. No Determination of Suitability Made; Not All Risks Disclosed; Private Advisors Recommended
The fact that we have made information available to you through the Services is neither a recommendation that you enter a particular transaction nor a representation that any investment described in the Services is suitable or appropriate for you. Many of the investments described by our Services involve significant risks, and you should not enter into any transactions unless you fully understand all such risks and have independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. You are advised to discuss with your financial advisers your investment options and whether any investment is suitable for your specific needs prior to making any investments. Subscribing to our Services does not make us responsible for your investment results, and you will bear the risks of any investment you decide to make. Sometimes our investment recommendations may be wrong or the timing may be off. You should always limit the size of any investment to an amount you can afford to lose.
e. Futures and Options Trading Risks
The Option Army Services may offer charts, prices, trade structures, recommendations, and other features that allow you to trade real money via your account at a participating futures brokerage. There is no guarantee the trade setups, recommendations, or ideas presented to you as a Subscriber will be profitable. The risk of loss in trading commodity futures contracts and options on futures, can be substantial. You should therefore carefully consider whether such trading is suitable for you in light of your financial condition. You may sustain a total loss of the initial margin funds and any additional funds that you deposit with your broker to establish or maintain a position in the commodity futures market. Any specific investment or investment service contained or referred to in this website may not be suitable for all investors. You should not rely on any of the information as a substitute for the exercise of your own skill and judgment in making such a decision on the appropriateness of such investments. Finally, the ability to withstand losses and to adhere to a particular trade recommendation or strategy in spite of trading losses are material points which can adversely affect investor performance. We recommend investors visit the Commodity Futures Trading Commission ("CFTC") website at the following address before trading: http://www.cftc.gov/cftc/cftcbeforetrade.htm
YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPTION ARMY, BRIAN WILSON, SHALL NOT BE LIABLE FOR ANY TRADING LOSSES ARISING OUT OR RELATED TO YOUR USE OF THE SERVICES, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
f. Electronic Trading
Trading commodity futures, options, CFDs, and foreign exchange on an electronic trading platform involves substantial risk and is not suitable for all investors. There is no guarantee of uptime or access to the markets via an electronic trading platform. There are a variety of reasons why a user could experience failures in order placements, order cancellations, trade executions or trade reports. Trading on an electronic trading platform exposes you to risk associated with the platform, including the failure of hardware and software. The result of any system failure may be that your order is either not executed according to your instructions or is not executed at all. Orders placed through an electronic trading platform are placed at the customer's sole risk.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPTION ARMY, BRIAN WILSON, SHALL NOT BE LIABLE FOR ANY TRADING LOSSES ARISING OUT OR RELATED TO YOUR USE OF AN ELECTRONIC TRADING PLATFORM, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
g. Testimonials May Not Be Representative
We may include subscriber testimonials on our Site or in other materials. We do not compensate any person to make such a testimonial. However, we do generally select only those testimonials that comment positively on our Services. Such testimonials may not be representative of the experiences of other subscribers or of your experience with the Services.
h. Access to Sites Not Guaranteed
We will not be liable if, for any reason, all or any part of any Site is unavailable at any time or for any period or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis-delivery, or non-delivery of information caused by such outages.
4. Our Proprietary Rights
The Services and the content distributed through the Services, including all copyright, trademark, and other intellectual property and proprietary rights therein, is the property of The Option Army Group LLC. You acknowledge and agree that you do not acquire any ownership rights by using the Services. You agree that you will not copy, republish, upload, post, transmit, distribute, sell, or otherwise send to others via email or any other medium any content made available through the Services.
No portion of any content or publication made available through our Services may be extracted, summarized, or reproduced without permission of The Option Army Group LLC. Nothing contained herein shall be construed as conferring any license or right under any of our copyrights, trademarks, or other rights. Unauthorized use, reproduction, or rebroadcast of any content of our Services, such as communicating investment recommendations in such Services to non-subscribers in any manner, is prohibited and shall be considered an infringement and/or misappropriation of our proprietary rights. Modification of the content or use of the content for any purpose other than your own personal, non-commercial use is a violation of our copyright and other proprietary rights and can subject you to legal liability.
5. Termination of Your Subscription
We hope that you will be fully satisfied with our Services. The following terms apply in the event that you would like to terminate your subscription to our Services.
- The Bunker
The Bunker is a monthly recurring subscription service. Monthly charges and applicable taxes will be charged on the same recurring day of each month based on initial date of registration. Subscribers can cancel at any time either through their member portal or contact [email protected] . There are no refunds for current or previous months services. Subscribers will receive a cancellation notice. Please note the credit card company may take up to 3 weeks for refund to be applied. The Option Army Group LLC reserves the right to adjust it's pricing at any time.
- The Saturday Sessions
The Saturday Sessions are web based educational sessions. These sessions are for fee and require pre-registration. If you need to cancel for whatever reason, please provide no less than 12 hours notice and email [email protected]. No refunds will be issued during or after the sessions are concluded.
- Our Right to Terminate Your Subscription.
We reserve the right to terminate your subscription to any of our Services at any time in our sole discretion. Termination of your subscription to any of our Services may result from your violation of these Terms or any unauthorized use or reproduction or rebroadcast of any of our publications or information contained in our Services, any infringement or misappropriation of our intellectual property or other proprietary rights, or any other reason determined in our sole discretion. You agree that if your account is terminated by us for these reasons, you will not attempt to establish a new account under any name, real or assumed.
6. Additional Terms Applicable to User Contributed Content
Our Services may include comments, articles, and other content, which have been contributed by you or other third parties ("User Contributed Content"). You agree to be personally responsible for any User Contributed Content you submit to us. You agree the content will not defame any person or violate or infringe the intellectual property rights of any person including, without limitation, trade secrets, confidential information, copyrights, trademarks, patents, rights of publicity, or any other proprietary rights. You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sublicense, use, copy, display, distribute and otherwise disclose to third parties such User Contributed Content, and to sell, modify, create derivative works from and/or to incorporate such User Contributed Content into other works in any form, medium, or technology, whether now known or hereafter developed, in each case, for any purpose whatsoever, commercial or otherwise, without compensation to you. You agree to waive any moral rights that you may have to your User Contributed Content.
7. International Use
Information published in connection with our Services may contain references to information and materials that are not appropriate or available in countries or regions outside of the United States. Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with local laws, if and to the extent applicable.
8. Disclaimer of Warranties
The Services and any content distributed through the Services are provided "as is" without representations or warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, we, our officers, managers, members, employees, affiliates, and agents disclaim all warranties, express or implied, including but not limited to implied warranties of title, non-infringement, merchantability and fitness for a particular purpose or use, and all warranties relating to the accuracy or completeness of any information contained in the Services. Your use of the Services and the information contained therein are entirely at your own risk. No opinion, advice, or statement made in our Services or otherwise shall create any warranty.
Neither we nor our officers, managers, members, employees, affiliates, and agents will have any liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the failure to maintain your access to the Services, or for any interruption or disruption of such access. We shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the Services.
Under no circumstances shall we be held liable for any delay or failure in performance or other default or damage where such has been caused by acts of nature, forces, or causes beyond our reasonable control including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, electrical power failures, an act of God, war, major disaster, terrorism, third-party criminal acts, insurrection, riot, flood, earthquake, fire, strike, lockout or other labor disturbance, delay by carriers, shortage of fuel, power, materials or supplies, operation of statutes, laws, rules or rulings of any court or government, non-performance of third parties, or any other cause beyond our control.
9. Limitation of Liability
IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, CONSULTANTS, CONTRACTORS, OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OUR SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.
10. Indemnification
You agree to indemnify, defend, and hold harmless us and our current and former officers, managers, members, employees, affiliates, consultants, contractors, third-party content providers and their successors and assignees from and against any and all liabilities, claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses associated with or incurred as a result of or from (a) your violation of these Terms; (b) your use of the Sites or the Services; (c) the actual or alleged infringement of any of our or third party proprietary or intellectual property right arising out of your copying, republishing, uploading, posting, transmitting, distributing, selling, or using the Services in any manner not authorized by us; or (d) any User Contributed Content submitted by you.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois and the United States of America, without giving effect to any principles of conflicts of law. You and we irrevocably consent to the sole and exclusive jurisdiction of the state courts located in Chicago, Illinois or the US District Court for the District of Illinois in connection with any action, suit, or other proceeding arising out of or related to these Terms or your use of the Services. You and we waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non convenient in any such action.
12. Miscellaneous
These Terms represent the entire agreement between you and us relating to your use of the Services and supersedes any and all prior or contemporaneous written or oral agreements on that subject between us. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default under these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default. We reserve all legal rights and remedies available to us.
13. Legal Notices.
You may contact us by sending an email to [email protected] or by writing to The Option Army Group LLC, PO Box 926, St Charles, IL 60174.
Please see our Privacy Policy for information regarding our collection and use of your personal information.