IMPORTANT NOTICE: THE PURPOSE OF THIS APPLICATION AND AGREEMENT IS TO DETERMINE WHETHER YOU QUALIFY AS A NONPROFESSIONAL SUBSCRIBER TO MARKET INFORMATION PUBLISHED BY THE OPTIONS PRICE REPORTING AUTHORITY, AND TO ESTABLISH THE TERMS AND CONDITIONS GOVERNING YOUR RECEIPT OF THIS INFORMATION. PLEASE READ THE APPLICATION AND AGREEMENT CAREFULLY AND REPLY TO ALL OF ITS QUESTIONS. AFTER YOU HAVE READ AND COMPLETED THE APPLICATION AND AGREEMENT, PLEASE INDICATE YOUR AGREEMENT TO BE BOUND BY ITS TERMS AND CONDITIONS BY CLICKING ON THE "I AGREE" BUTTON AT THE END. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU WILL BE UNABLE TO RECEIVE THE INFORMATION.
By completing and submitting this Application and Agreement, you are applying to TradeStation Technologies, Inc., 8050 SW 10th Street, Suite 2000, Plantation, FL 33324 ("Vendor"), for approval as a Nonprofessional Subscriber to receive for personal, non-business use current options last sale information and current options quotation information (the "Options Information") published by the Options Price Reporting Authority ("OPRA") pursuant to a Plan declared effective by the Securities and Exchange Commission. In reviewing and approving this Application and Agreement, Vendor is authorized to act on behalf of the OPRA participants, which are those national securities exchanges and associations who, from time to time, are parties to said Plan. Applicant acknowledges that all of your representations and agreements made herein and all of your payments made hereunder are for the benefit of the OPRA participants. Those persons who act from time to time as data processors on behalf of OPRA are referred to herein as "OPRA" Processor.
For the purpose of this Application and Agreement, you hereby represent and agree as follows (type in all of the answers if necessary):
1. Your full name and residence address:
2. Name and address of your employer(s) and/or your other business address(es):
3. Location where you will receive the information the Options Information (state "Portable" if Information is to be received on portable equipment): Portable
4. A description of the equipment you will use in receiving the Options Information (identify number and types of devices; include mfr. and model no. if available): Personal Computer
5. As a condition of being approved as a Nonprofessional Subscriber, you represent and agree that the following statements are and will continue to be true for so long as you receive information as a Nonprofessional Subscriber:
(a) You are making this Application and Agreement in your own individual capacity and not on behalf of a firm, corporation, partnership, trust or association.
If you agree, click on "I Agree."
(b) You shall use the Options Information solely in connection with your individual personal investment activities and not in connection with any trade or business activities.
If you agree, click on "I Agree."
(c) You shall receive the Options Information only at the location and via the equipment identified in Items 3 and 4 above, and shall not furnish the Information to any other person.
If you agree, click on "I Agree."
(d) You are not a securities broker-dealer, investment advisor, futures commission merchant, commodities introducing broker or commodity trading advisor, member of a securities exchange or association or futures contract market, or an owner, partner, or associated person of any of the foregoing.
If you agree, click on "I Agree."
(e) You are not employed by a bank or an insurance company or an affiliate of either to perform functions related to securities or commodity futures investment or trading activity.
If you agree, click on "I Agree."
6. For the privilege of receiving the Options Information, you agree to pay to Vendor for the benefit of the OPRA participants the OPRA Nonprofessional Subscriber Fee in such amount and at such times as shall be established by OPRA from time to time, plus any applicable federal, state or local taxes. This Fee shall be in addition to any charges imposed by Vendor. OPRA shall provide notice to Vendor of any change in this Fee not less than 30 days prior to the effectiveness of such change. Vendor shall be responsible for notifying you of all Fee changes.
7. You acknowledge that the Options Information is and shall remain the property of the respective exchange or other market on which a reported transaction took place or a reported quotation was entered, and you shall make no use of the Options Information except in compliance with the terms of this Application and Agreement.
8. DISCLAIMER OF LIABILITY—NEITHER OPRA, OPRA'S PROCESSOR, NOR ANY OPRA PARTICIPANT GUARANTEES THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF ANY OF THE OPTIONS INFORMATION SUPPLIED TO YOU HEREUNDER AND NEITHER OPRA, OPRA'S PROCESSOR, NOR ANY OPRA PARTICIPANT SHALL BE LIABLE IN ANY WAY TO YOU OR TO ANY OTHER PERSON, FOR ANY LOSS, DAMAGES, COST OR EXPENSE WHICH MAY ARISE FROM ANY FAILURE OF PERFORMANCE BY OPRA, OPRA'S PROCESSOR OR ANY OPRA PARTICIPANT, OR FROM ANY DELAYS, INACCURACIES, ERRORS IN OR OMISSIONS OF, ANY OF THE OPTIONS INFORMATION OR IN THE TRANSMISSION OR DELIVERY THEREOF, WHETHER OR NOT DUE TO ANY NEGLIGENT ACT OR OMISSION ON THE PART OF OPRA, OPRA'S PROCESSOR OR ANY OPRA PARTICIPANT. IN NO EVENT SHALL OPRA, OPRA'S PROCESSOR OR ANY OPRA PARTICIPANT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, OR DAMAGES RESULTING FROM INCONVENIENCE OR LOSS OF USE OF THE OPTIONS INFORMATION.
9. The terms and conditions of this electronic Application and Agreement may be modified at any time upon notice to you. If you do not assent to the terms of any such modified Agreement at or prior to the time you next attempt to access the Options Information this Agreement shall be automatically terminated.
10. Your privilege of receiving the Information hereunder may be terminated by you or by Vendor upon 30 days written notice from the terminating party to the other party, and shall be terminated immediately at any time that Vendor or OPRA determines that Applicant is not in compliance with this Application and Agreement or that any of your representations herein are not true. Upon a determination by Vendor or OPRA that you received access to Information as a Nonprofessional Subscriber during any period when Applicant did not meet the qualifications for such access, within 30 days of receipt of written notice of such determination you shall pay to OPRA the full amount of OPRA’s Professional Subscriber fee for the period during which Applicant had access to the Information, less your Nonprofessional Subscriber fees for such period actually received by OPRA.
11. Nothing herein shall be deemed to prevent or restrict OPRA, OPRA's Processor or any OPRA Participant from discontinuing to furnish options last sale information or quotation information for dissemination or from making such changes in the speed of transmission, the characteristics of the electrical signals representing the Information or the manner of disseminating the same, as OPRA shall from time to time determine to be appropriate, with or without notice to you.
12. You agree to inform Vendor promptly in writing at its address set forth above of any changes in the information provided herein and to furnish Vendor any additional information requested by it in connection with your receipt of the Information.
IF YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH ABOVE, PLEASE TYPE IN YOUR NAME AND ADDRESS IN THE SPACES PROVIDED BELOW AND CLICK ON THE "I AGREE" BUTTON BELOW. By clicking on the "I AGREE" button below and typing in your name as indicated below, you agree that:
i) You have read and you understand all of the terms and conditions set forth above; and
ii) You intend to form a legally binding and valid contract under which you will be bound by all of the terms and conditions set forth above.
