Terms & Conditions
The following terms and conditions (the “Terms”) govern all use of the Olympus website and any other website operated by the Olympus management team and any related Olympus mobile applications (the “Apps”), and any products and services available at the Sites or Apps (collectively with the Sites and the Apps, the “Service”).
In these Terms, “you” or “your” means the person accepting these Terms and the company (if any) on whose behalf he/she is acting, and “we,” “us,” “our,” “Olympus,” or the “Company” means any legal entity formed by the Olympus management team. The Terms describe your rights and responsibilities and form a legally binding agreement between Olympus and you with respect to your use of the Service. By using or accessing any part of the Service, you agree that you are at least eighteen (18) years old and have read, understand, and agree to be bound by all of these terms and conditions. If you do not agree to all of these terms and conditions, you must not use or access the Service. If you are entering into these Terms on behalf of a company, you represent that you have the authority to bind that company to the terms of these Terms. We reserve the right, in our sole discretion, to modify or replace any of the terms or conditions of these Terms at any time. Your continued use of the Service following the posting of any changes to these Terms constitutes your acceptance of those changes and you are responsible for reviewing those terms. Some products or services that become available on the Service may be subject to additional or different terms and conditions, and if those additional terms and conditions conflict with these Terms, those additional terms and conditions will control.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED, AND A WAIVER OF RIGHTS TO BRING CLASS ACTION CLAIMS AGAINST US. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THE TERMS OF USE AND THE ABOVE ELIGIBILITY REQUIREMENTS, YOU ARE PROHIBITED FROM USING THE SERVICE.
Securities Disclaimer
Olympus is not a tax advisor, broker, financial advisor or investment advisor nor is any professional investor on the platform unless noted otherwise. The service is not intended to provide tax, legal, financial, or investment advice, and nothing on the service should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security.
Trading in such securities can result in immediate and substantial losses of the capital invested. You should only invest risk capital, and not capital required for other purposes. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should also consult an attorney or tax professional regarding your specific legal or tax situation.
The Content is to be used for informational and entertainment purposes only and the Service does not provide investment advice for any individual. Olympus, its affiliates and partners specifically disclaim any and all liability or loss arising out of any action taken in reliance on Content, including but not limited to market value or other loss on the sale or purchase of any company, property, product, service, security, instrument, or any other matter.
You understand that an investment in any security is subject to a number of risks, and that discussions of any security published on the Service will not contain a list or description of relevant risk factors. In addition, please note that some of the stocks about which Content is published on the Service have a low market capitalization and/or insufficient public float. Such stocks are subject to more risk than stocks of larger companies, including greater volatility, lower liquidity and less publicly available information.
Brokerage Account/Transactions
Brokerage Account. In order to use certain features of the Services, including authorizing Transactions (as defined below), Members must have an active account with a participating Third-Party Broker/Exchange (a “Brokerage Account”). Your Brokerage Account is subject to a separate agreement directly between you and the applicable Third-Party Broker. Under no circumstances will we have any liability for your Brokerage Account. You further acknowledge that we have no control over Third-Party Brokers/Exchanges and that you may be charged fees by the Third-Party Broker/Exchange. We are not responsible for any Third-Party Broker/Exchange fees. You are solely responsible for your use of the Third-Party Brokers/Exchanges’ services, and you agree to comply with all terms and conditions applicable to such services as required by the applicable Third-Party.
Transactions
The Services allow Members to purchase and sell certain Investments through their Brokerage Account (each, a “Transaction”). To enable you to make Transactions through the Services, you will be required to link your Brokerage Account to the Services. Olympus processes Transaction requests according to the instructions it receives from its Members. By initiating a Transaction on the Services, you hereby authorize Olympus to communicate with the applicable Third-Party Broker/Exchange on your behalf and to send a message of the Transaction through to your Brokerage Account. Acceptance and execution of any Transaction is in the sole control and discretion of your Third-Party Broker/Exchange. Once a Transaction has been completed, the Investments will be placed in (or removed from) your Brokerage Account, and will be reflected in your Services account.
Olympus does not collect any funds, execute any Transactions, or otherwise act as a broker-dealer or cryptocurrency exchange, money transmitter, money services business, bank account, brokerage account, or other financial account. Olympus merely communicates your purchase authorizations to Third-Party Broker/Exchange that complete the Transactions on your behalf. Although you may be able to find information about investment opportunities through the Services, we are not a party to any Transaction regarding any such opportunity. We strongly recommend that in connection with each Transaction, Members conduct their own due diligence. All messages sent using the Services are self-directed by you to your Third-Party Broker/Exchange . All orders are executed by Third-Party Brokers/Exchanges where Members have an existing account, and Olympus is not responsible for the order routing or execution of any transaction. Any confirmations of such Transactions will be issued solely by the Member’s Third-Party Broker/Exchange. Members are solely responsible for any and all orders placed by them, and understand that all orders are unsolicited and based on their own investment decisions. Olympus AND ITS AFFILIATES, EMPLOYEES, AGENTS, PRINCIPALS, OR REPRESENTATIVES DO NOT PROVIDE RECOMMENDATIONS OF ANY TRANSACTION OR ORDER, PROVIDE INVESTMENT ADVICE, ENDORSE ANY INVESTMENTS, PRODUCE OR PROVIDE RESEARCH TO ANY USER REGARDING ANY INVESTMENT, TRANSACTION OR ORDER, OR EXECUTE ANY TRANSACTIONS.
Other Disclaimers
The Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User Content. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, or software on account of technical problems or traffic congestion on the Internet or at any site or with respect to the Service or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading Content in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Service or any posted on or through the Service or transmitted to or by Users, or any interactions between Users, whether online or offline.
The Service may provide information from or links to certain brokerage companies for your convenience only. Olympus is not a registered broker-dealer and does not endorse or recommend the services of any brokerage company. The brokerage company you select (and not Olympus) is solely responsible for its services to you.
Olympus, its affiliates, and partners shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of the services of any brokerage company.
The service and the content are provided “as-is” and the company, its partners and affiliates, disclaim any and all representations and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. The company cannot guarantee and does not promise any specific results from use of the service. The company does not represent or warrant that software, content or materials on the service or elsewhere are accurate, complete, reliable, current or error-free or that the service or any of the servers used to operate the service are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any content or materials and use industry-recognized software to detect and disinfect viruses. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content, data or other material from or through the service at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result.
For the avoidance of doubt, the company does not disclaim warranties for intentional breach of duty. The warranty disclaimer does not affect the limitation of liability as set out below.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the forgoing disclaimer may, in whole or in part, not apply to you.
We do not and cannot control the flow of data to or from our network and other portions of the internet, wireless networks, or other third-party networks. Such flow depends in large part on the performance of the internet and wireless services provided or controlled by third parties. At times, actions or inactions of such third parties may impair or disrupt your connections to the internet, wireless services, or portions thereof. We cannot guarantee that such events will not occur. Accordingly, we disclaim any and all liability resulting from or related to third-party actions or inactions that impair or disrupt your connections to the internet, wireless services, or portions thereof or the use of the service.
The Company reserves the right to change any and all Content, software and other items used or contained in the Service at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
Limitation on Liability
Notwithstanding anything to the contrary contained herein and to the fullest extent permitted by law, the liability of the company and its affiliates, partners, members, managers, directors, officers, employees and agents to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the company for the service in the immediately preceding six months. In no event will the company, its affiliates, partners, members, managers, directors, officers, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the service, or any of the content or other materials on, accessed through or downloaded from the service, even if the company or its affiliates, partners, members, managers, directors, officers, employees or agents is aware or has been advised of the possibility of such damages. You acknowledge that if no fees are paid to the company for the service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from the company, regardless of the cause of action. Certain state 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, exclusions or limitations may not apply to you, and you may have additional rights.
Suspension; Termination
If we believe you are abusing our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. In the event of any such suspension or termination and we have to refund any amounts to the Users of your Room, you agree to pay us for any such refunded amounts.
The Company may terminate your account, delete your profile and any User Content that you have posted on the Service and/or prohibit you from using or accessing the Service for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under.
Arbitration, Class Action Waiver and Governing Law
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding) (“Arbitration Agreement”). Please read it carefully. You may opt out of the Arbitration Agreement by following the opt out procedure described below.
Informal Process First. You agree that in the event of any dispute between you and Olympus, you will first contact Olympus and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
Arbitration Agreement. After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Olympus’ services and/or products, including the Service, or relating in any way to the communications between you and Olympus or any other user of the Service, will be finally resolved by binding arbitration. This mandatory Arbitration Agreement applies equally to you and Olympus. However, this Arbitration Agreement does not (a) govern any Claim by Olympus for infringement of its intellectual property or access to the Service that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual you may opt out of this Arbitration Agreement within thirty (30) days of the first of the date you access or use this Service by following the procedure described below.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolved by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the Singapore International Arbitration Centre (SIAC) Rules govern the interpretation and enforcement of this provision, and that you and Olympus are each waiving the right to a trial by jury or to participate in a class action.
This arbitration provision will survive any termination of these Terms.Any arbitration will be administered by the Singapore International Arbitration Centre (SIAC) under its rules. The SIAC's rules are available at www.siac.org.sg or by calling +65 6713 9777.The number of arbitrators will be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Singapore. The arbitration will be conducted in the English language. English law will apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration, and arbitrator fees will be governed by the SIAC's rules. In accordance with company policy, Olympus will not reimburse individuals for any arbitration fees. The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. However, the preceding sentence will not apply to the "Class Action Waiver" section below.
Class Action Waiver
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Olympus each waive any right to a jury trial.
Indemnity
To the fullest extent permitted by law, you agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their members, managers, directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your use of the Service, your use of any Third-Party Services that are made available by the Service, any Content you post or Content you share on or through the Service or otherwise, your conduct in connection with the Service or with other Users, or any violation of these Terms or of any law, rule, regulation or order, or the rights of any third party. This indemnity shall survive any termination or cessation of use by you of the Service. Without limiting the generality of the foregoing, you agree to indemnify and hold the Company and its licensors harmless for any improper or illegal use of your account, including the illegal or improper use of your account by someone to whom you have given permission to use your account.