ISEE Select Data License Agreement

This Agreement governs your ("Subscriber") use of the Website and the ISEE Select Content. By clicking the "I accept" button below, Subscriber agrees, without limitation or qualification, to all the terms and conditions contained herein. Subscriber further agrees not to use the Website or the ISEE Select Content for any unlawful purpose and agrees to comply with reasonable requests by ISE to protect its rights in and to the Website or the ISEE Select Content. Subscriber may review this Agreement at anytime by clicking on the "ISEE Select Data License Agreement" link appearing on the "Account Information" screen.
1. Options Disclaimer
No statement on this site is to be construed as a recommendation to purchase or sell a security, or to provide investment advice. This Website discusses options issued by The Options Clearing Corporation. Options involve risk and are not suitable for every investor. Prior to buying or selling options, a person must receive a copy of Characteristics and Risks of Standardized Options and should thoroughly understand the risks involved in any use of options. Subscriber may obtain a copy from the ISE or The Options Clearing Corporation, 440 S. LaSalle Street, Chicago, IL 60605.
2. License; Payment
Subject to these terms and conditions, ISE hereby grants Subscriber a non-exclusive, non-transferable, limited license to use the Website and the ISEE Select Content for its own internal use only, without further dissemination or distribution. In consideration for this license, Subscriber shall pay the fees, as amended from time to time and, as outlined on the "Account Information" screen. All fees are billed monthly, in advance, and are non-refundable.

1. Payment by Credit Card. Subscriber hereby authorizes ISE to use the credit card information furnished by Subscriber to ISE hereunder for purposes of fulfilling Subscriber's payment obligations under this Agreement. Subscriber further represents and warrants that (i) the credit card information provided to ISE (including, but not limited to, card number, expiration date and card holder's name) is valid in all respects and lawfully authorized for use, and (ii) that such credit card belongs to Subscriber or has been authorized for use by Subscriber by the valid cardholder ("Authorized Credit Card"). Upon expiration of the Authorized Credit Card, Subscriber shall notify ISE of the new credit card expiration date and all other relevant information pertaining to the new credit card.
2. Fee Changes. All fees are subject to change at any time upon prior written notice. ISE shall notify Subscriber at least sixty (60) days in advance of the effective date of such change. Subscriber agrees to pay any increases in fees, plus applicable taxes.
3. Disputes. All invoices/statements will be deemed correct and final unless disputed in writing within thirty (30) days of the invoice/statement date. All correspondence regarding disputed invoices/statements must be sent to the contact listed in Section 10i of this Agreement and must include Subscriber's name, address, telephone number and clearly state the reason for the claim.

3. Subscription Options
Subscriptions are available directly through ISE or through a broker who has entered into a Broker Marketing Alliance with ISE. Subscribers may structure the billing of their account as either annual subscriptions or monthly subscriptions.
4. Service Reactivation, Additional Services

1. Service Reactivation. Subscriber may reactivate previously cancelled service (if then available) at any time, subject to payment in full of at least one (1) month and any past due balance remaining on Subscriber's account. Reactivated services are not eligible for any promotions that may otherwise apply to new subscribers to such services.
2. Additional Services. Subscriber may from time to time subscribe to additional services, subject to confirmation and receipt of properly executed contracts (if applicable), and payment of all applicable fees.

5. Termination

1. ISE
1. ISE may terminate this Agreement immediately in the event Subscriber breaches any of the terms and conditions herein.
2. ISE reserves the right to terminate this Agreement at any time in the event it determines to cease providing the ISEE Select Data service.
2. Subscriber
1. Subscriber may request cancellation of a service at any time upon written notice to ISE. Cancellation shall take place at the beginning of Subscriber's next billing cycle; any cancellation request received less than twenty-four (24) hours prior to the beginning of Subscriber's next billing cycle, shall not take effect until the following billing cycle. There will be no proration of fees due to cancellation of service by Subscriber.
3. Effect of Termination. Upon termination of any service all unpaid fees applicable shall become immediately due and payable and Subscriber authorizes ISE to apply any unpaid balance to any other account held by Subscriber.

6. Disclaimer
ALL MARKET DATA IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERRORS, AS WELL AS OTHER FACTORS, ISE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE MARKET DATA. ISE MAKES NO REPRESENTATIONS AND DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND TO SUBSCRIBER AND/OR ANY THIRD PARTY, INCLUDING ANY WARRANTIES OF ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, ISE, IN PROVIDING THE MARKET DATA, MAKES NO ENDORSEMENT OF ANY PARTICULAR SECURITY.
ISE SHALL NOT BE LIABLE TO SUBSCRIBER OR TO ANY OTHER ENTITY OR INDIVIDUAL FOR ANY LOSS OF PROFITS, REVENUES, TRADES, DATA OR FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL LOSS OR DAMAGE OF ANY NATURE ARISING FROM ANY CAUSE WHATSOEVER, EVEN IF ISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNLESS DUE TO WILLFUL TORTIOUS MISCONDUCT OR GROSS NEGLIGENCE, ISE SHALL HAVE NO LIABILITY IN TORT, CONTRACT OR OTHERWISE TO SUBSCRIBER AND/OR ANY THIRD PARTY.
7. Indemnification
Subscriber agrees to indemnify and hold harmless ISE and its officers, directors, employees and agents from any and all claims and losses imposed on, incurred by or asserted as a result of or related to: (a) any noncompliance by Subscriber with the terms and conditions hereof; or (b) any third-party actions related to Subscriber's receipt and use of the information, whether authorized or unauthorized. Any cooperation by ISE in such defense is without waiver of any attorney-client, work product, or other legal privileges.
8. Security
a. Subscriber accepts responsibility for the confidentiality and use of all account information, all time used and all requests placed through or under Subscriber's account information. All requests received by ISE will be deemed to have been received from, and with the authorization of Subscriber. All requests shall be deemed to be made at the time received by ISE and in the form received.
b. Subscriber shall notify ISE immediately if Subscriber becomes aware of any: (i) loss, theft or unauthorized use of Subscriber's account information; (ii) failure by Subscriber to receive an electronic message that a request initiated by Subscriber has been received or executed**; (iii) failure by Subscriber to receive accurate confirmation of a request or its execution within five (5) business days after submitting the request; or (iv) receipt of confirmation or electronic message of a request that subscriber did not place, or any similarly inaccurate or conflicting report or information.
**Subscriber must provide ISE with a current email address.
9. Personal Information
Subscriber's personally identifiable information and other information regarding Subscriber's accounts are subject to the terms and conditions of, and will be treated in accordance with, ISE's Privacy Policy, located on the ISE's website at www.iseoptions.com, which is incorporated herein by reference.
10. Miscellaneous
a. Modifications to this Agreement. ISE reserves the right to change or modify any and all of the terms of this Agreement at any time upon notice to Subscriber. Subscriber's use of the Website or the ISEE Select Content following any such change or modification constitutes Subscriber's express agreement to be bound by this Agreement as so changed or modified.
b. Waiver. Failure of any party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
c. Governing Law and Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of New York without application of the principles of conflicts of law. Any legal action or proceeding arising under this Agreement will be brought exclusively in the Federal or state courts located in the State of New York and the parties hereby consent to the personal jurisdiction and venue therein.
d. Force Majeure. ISE shall not be liable for any loss resulting from, and its performance under this Agreement shall be excused in the event of, any interruption and/or delay due to any cause over which ISE does not have direct control, including, but not limited to, acts of God, acts of any government, terrorism, war or other hostility, civil disorder, the elements, fire, earthquake, explosion, power failures, equipment failure, industrial or labor dispute, acts of third party information providers, third party software, third party hardware, or communication method interruption.
e. Entire Agreement. This Agreement (including all documents incorporated herein by reference and/or attached hereto) embodies the entire understanding between the parties with regard to its subject matter and supersedes any and all prior representations and agreements, oral or written.
f. Headings. The headings appearing herein are inserted only as a matter of convenience and as a reference, and in no way define, limit or describe the scope or intent of the applicable clause or this Agreement.
g. Severability. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, such provision shall be valid and enforceable to the extent permitted by applicable law and the validity and enforceability of the other provisions shall not be affected thereby.
h. Assignment. This Agreement shall not be assignable by Subscriber, either in whole or in part. ISE reserves the right to assign its rights and obligations under this Agreement.

i. Notices. Except as otherwise provided herein, all written notices permitted or required hereunder shall be sent to ISE at the following address: ISE, 60 Broad Street, New York, NY 10004; Attention: Jeff Soule or, by email, to the following email address: [email protected]. All notices shall be deemed to have been given upon actual receipt by ISE.

j. Survival. Sections 2, 6, 7, 9 and 10 of this Agreement shall survive the termination of this Agreement and shall apply indefinitely.