QuoteMedia Terms and Conditions of Use
Subject to these Terms and Conditions of Use ("Agreement"), QuoteMedia (as defined hereunder) makes available certain online and wireless Products (Quotestreamtm; Quotestream Wireless; QuoteMedia Financial Tools; QuoteMedia Websites and other products), collectively referred to as "Our Service", on various websites to authorized users ("you" or "your") by virtue of your accessing Our Service. Our Service delivers information, data, news, reports, programs, video, audio, other content and Services ("Content").
For the purposes of this Agreement, "QuoteMedia" shall mean QuoteMedia, Inc., its Affiliates (any company or website that provides access to Our Service), and Other Parties (Partners; Content Providers; Licensors; and Service Providers).
Additionally, for the purposes of this Agreement, "Related Parties" shall mean QuoteMedia, Inc.'s, and its Affiliates' and Other Parties' respective Officers, Directors and Employees.
A. Scope this Agreement and Amendments
QuoteMedia reserves the right at any time to amend, change, revise, add, or modify the terms and conditions set forth in this Agreement without prior notice to you. QuoteMedia will post such amendments, changes or modifications http://www.quotemedia.com/legal/tos, or, at its option, may otherwise cause the terms and conditions to be delivered to you, electronically or otherwise.
Your continued use of Our Service after the amendments, changes or modifications to this Agreement are posted constitutes your agreement to be bound by such amendments, changes or modifications to this Agreement, regardless of whether you have actually read them. QuoteMedia may justifiably rely upon such continued use of Our Service as evidence of the acceptance of any such amendments, changes or modifications. QuoteMedia shall not be bound by any verbal statements that seek to amend the terms and conditions set forth in this Agreement.
You may be required to complete additional applications, such as Exchange Agreements and other such records and, in some cases you may do so electronically. Your intentional action in electronically signing any such additional applications where indicated is valid evidence of your consent to be legally bound by the terms of such additional applications and by other documentation submitted in the registration process or governing my relationship with QuoteMedia. The use of an electronic version of these documents, including the within Agreement, fully satisfies any requirement that they be provided to you in writing. You are solely responsible for reviewing and understanding all of the terms and conditions of these documents and agree to conduct the registration process and other transactions with QuoteMedia by electronic means. You accept as reasonable and proper notice, for the purpose of any and all laws, rules and regulations, notice by electronic means, including, but not limited to, the posting of such communications at http://www.quotemedia.com/legal/tos or sending same via email. You agree that this Agreement constitutes notice of such posting. You agree that such delivery shall be deemed effective delivery to you whether or not you access or review the Communication.
The electronically or other properly stored copy of this Agreement and any Account Application or Account Documents is considered to be the true, complete, valid, authentic and enforceable record of the applicable document, admissible in judicial or administrative proceedings to the same extent as if the documents and records were originally generated and maintained in printed form. You will not contest the admissibility or enforceability of QuoteMedia's copy of the documents in any proceeding arising out of this Agreement.
Any access or use of Our Service or any other Service offered by QuoteMedia, its affiliates or non-affiliated companies through QuoteMedia, constitutes your unconditional acknowledgement and acceptance of and agreement to this Agreement. This Agreement and its provisions shall be continuous, cover individually and collectively all of Our Services which you may use, and inure to the benefit of QuoteMedia, its successors and assigns. The Agreement shall be binding upon you and your estate, executors, personal representatives, administrators, successors and assigns.
B. About Quotemedia, Inc. and QuotestreamTM
QuoteMedia develops and markets unique, Web-based software components that deliver dynamic content to websites, on-line brokerages, portals, Fortune 500 companies and corporate Intranets. In particular, QuoteMedia is the provider of Quotestreamtm, a sophisticated streaming portfolio management solution that can be embedded on any website. Depending on the options for which you have been authorized, Quotestreamtm delivers real-time or delayed market information in an easy-to-use and highly configurable interface. Users can track their investments online and research company news and SEC filings, view intraday or extended charting, watch live video broadcasts, gather snap quotes and historical data, and view Level II data in real time - all from the publisher website. In some cases, you may even be enabled to execute on-line trades through Quotestreamtm.
C. QuoteMedia's Role in Online Trading
QuoteMedia is not a brokerage or a clearing agent. QuoteMedia does not (1) act as a principal in securities, options, or mutual fund transactions or make a market in any security, equity or mutual fund; (2) solicit orders; (3) make discretionary investments on your behalf; (4) provide internally generated research or advice regarding securities; (5) determine suitability as to the type and/or frequency of transactions in your account(s); or (6) provide you with investment recommendations or investment, tax or legal advice. If you are authorized to engage in online trading through the Service, QuoteMedia does not take or process your order to buy or sell. Instead, when you indicate that you wish to trade in a security, Quotemedia links you to your brokerage's trading platform ("BTP"). We advise the BTP which security you wish to trade by providing the relevant symbol. The BTP takes your order and, when you execute a trade, it is based on the current market data or values provided by the BTP at the time of the trade. Any trade you execute through the BTP will be governed by the terms and conditions of any agreement you make with your brokerage relating to online trading.
D. Information Providers
- "Information Providers" refers to third parties, including without limitation all Exchanges and quotation services, which provide financial or investment information, such as raw exchange data, analysis, commentary, market data, news or research, or tools ("Information") by or through Our Service.
- "Exchange Agreements" means licenses or authorizations (including: import licenses; exchange, index, data source or contributor licenses; and other regulatory or governmental approvals) required by an Information Provider, and/or necessary for your receipt and/or use of the Information.
- "Exchange Fees" means any expenses associated with Client obtaining Exchange Agreements. Exchange Fees may also include an administrative fee charged by QuoteMedia for exchange reporting and Exchange Agreement handling, if applicable.
- You must, at your own expense, obtain any necessary Exchange Agreements (including correctly and accurately completing any required forms or applications) and pay any Exchange Fees, prior to accessing any Information which requires Exchange Agreements and/or Exchange Fees. In the event an Information Provider conducts an investigation or audit to determine compliance with its requirements for the use of the Information, you shall provide such assistance and information as is required to establish compliance to the reasonable satisfaction of the Information Provider. Should an investigation or audit by an Information Provider determine that additional fees are due with respect to your use of the Information, you shall immediately pay those additional fees. In particular, but without limiting the foregoing, should it be determined by the relevant Information Provider that you are a Professional User, when you registered as a non-Professional User, you shall be responsible for any resulting additional fees.
E. Terms and Conditions of Your Use of Our Service
In consideration of QuoteMedia providing you with access to Our Service, you understand and agree to the following:
- You warrant and represent you have the required legal capacity and you are authorized to enter into this Agreement.
- QuoteMedia does not provide investment advice; therefore, any investment decision that you make or investment strategy that you utilize is done so at your sole discretion and at your own risk. You further acknowledge that while you may be able to access certain financial or investment information or services through Our Service, the availability of such information does not constitute a recommendation by QuoteMedia to invest in any security or utilize any investment strategy discussed therein. You understand that all investments involve risk.
- QuoteMedia shall not be responsible for the accessibility of, transmission quality, outages to, or malfunction of any telephone circuits, computer system or software. You are responsible for providing and maintaining the communications equipment, including personal computers and modems required for accessing Our Services. QuoteMedia reserves the right to suspend Our Service and deny access to electronic trading systems, without prior notice, during scheduled or unscheduled system maintenance, repairs or upgrades.
- QuoteMedia will maintain adequate procedures to ensure the confidentiality of all account information within its possession. All your account numbers, User ID's and passwords are confidential, and you agree to be fully responsible for your account and identification numbers and for all activities under your account number, User ID, or password. QuoteMedia may justifiably rely that any actions conducted through Our Service and placed under your account number, User ID, or password were placed or authorized by you. You will immediately notify QuoteMedia if any of the following shall occur: (1) the loss or theft of your account number, User ID, or password; or (2) should you become aware of any unauthorized use of your account number, User ID, or password.
- QuoteMedia shall not be liable for loss caused directly or indirectly by any exchange or market ruling, government restriction, or any "force majeure" (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, communications or power failure, equipment or software malfunction) or any other cause beyond the reasonable control of QuoteMedia.
- Our Service and all of the Content and Information are provided "as is" without warranty of any kind. QuoteMedia and Information Providers expressly disclaim all warranties and conditions with regard to Our Service, the Content, and the Information, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. By using Our Service, Content, and Information, you assume all of the risks associated with their use, and you release and agree to indemnify and hold harmless QuoteMedia and Information Providers from any and all liability, claims for damages, and losses arising from or connected with such risks.
- You agree that neither QuoteMedia nor the Information Providers shall have any liability, contingent or otherwise, for the truth, accuracy, completeness, timeliness, interruptions, omissions or correct sequencing of the Information or Content on Our Service, or for any decision made or action taken by you in reliance upon or interpretation of the Information or Content on Our Service. In no event shall QuoteMedia or the Information Providers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with (1) the use of Our Service, Content, or the Information; (2) the delay, interruption or inability to use any aspect of Our Service, Content or the Information; (3) any Information or Content obtained through Our Service; or (4) otherwise arising out of the use of Our Service, Content, or Information, whether based on contract, tort, strict liability or otherwise, even if QuoteMedia or Information Providers have been advised of the possibility of damages. Some states do not permit exclusions of certain implied warranties or the exclusion of incidental or consequential damages; so these disclaimers and limitations may not apply to you.
- Our Service, Content, and the Information provided by QuoteMedia and Information Providers, and the manner of their provision, individually or as a whole, are all protected pursuant to U.S. patent, copyright laws, international treaties or conventions and other laws, and shall remain the exclusive property of QuoteMedia or Information Providers, and no title or ownership interest will transfer to you. You agree not to modify, print, copy, publish, transmit, license, participate in the transfer or sale of, reproduce, create derivative works from, distribute, redistribute, perform, display or in any way exploit Our Service, its content or any feature thereof.
- The Dow Jones Indexessm are proprietary to and distributed by Dow Jones & Company, Inc. and have been licensed for use. All content of the Dow Jones Indexessm © 2013 is proprietary to Dow Jones & Company, Inc. The Dow Jones Wilshire Indexessm are jointly produced by Dow Jones & Company, Inc. and Wilshire Associates, Inc. and have been licensed for use. All content of the Dow Jones Wilshire Indexessm © 2013 is proprietary to Dow Jones & Company, Inc. & Wilshire Associates Incorporated.
- You agree that as a condition of your continued receipt of index data originating from Dow Jones & Company, Inc. or any of its affiliates or agents, you shall not issue, create or sponsor any financial instruments or investment products (including, without limitation, derivatives, structured products, investment funds or exchange-traded funds) where the price, return and/or performance of such instrument or product is based on, related to, or intended to track, any index published by Dow Jones or a proxy for such index, without a separate written agreement with Dow Jones for such purpose.
- Lipper Data is Copyright 2013 © Reuters. All rights reserved. Any copying, republication or redistribution of Information, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Lipper. Lipper shall not be liable for any errors or delays in the Lipper Data, or for any actions taken in reliance thereon.
- Morningstar Data is Copyright 2013 © Morningstar, Inc. All rights reserved. The information contained herein: (1) is proprietary to Morningstar and/or its content providers; (2) may not be copied or distributed; and (3) is not warranted to be accurate, complete or timely. Neither Morningstar nor its content providers are responsible for any damages or losses arising from any use of this information. Past performance is no guarantee of future results.
- S&P Information and S&P Services are Copyright © 2013, Standard & Poor's, a division of The McGraw-Hill Companies, Inc. Standard & Poor's including its subsidiary corporations ("S&P") is a division of The McGraw Hill Companies, Inc. Reproduction of S&P Information and S&P Services in any form is prohibited except with the prior written permission of S&P. Because of the possibility of human or mechanical error by S&P's sources, S&P or others, S&P does not guarantee the accuracy, adequacy, completeness or availability of any information and is not responsible for any errors or omissions or for the results obtained from the use of such information. S&P GIVES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. In no event shall S&P be liable for any indirect, special or consequential damages in connection with subscriber's or others' use of S&P Information and S&P Services.
- Zacks Data is Copyright (c) 1978-2013 by ZACKS Investment Research, Inc ("ZACKS"). The information, data, analyses and opinions contained herein (1) includes the confidential and proprietary information of ZACKS, (2) may not be copied or redistributed, for any purpose, (3) does not constitute investment advice offered by ZACKS, (4) are provided solely for informational purposes, and (5) are not warranted or represented to be correct, complete, accurate or timely. ZACKS shall not be responsible for investment decisions, damages or other losses resulting from, or related to, use of this information, data, analyses or opinions. Past performance is no guarantee of future performance. ZACKS is not affiliated with QuoteMedia. www.zacks.com
- Nikkei indices copyright (c) Nikkei Inc. All rights reserved. Nikkei shall not be liable for any errors or delays in the Nikkei indices, or for any actions taken in reliance thereon.
- QuoteMedia reserves the right at any time, in its discretion and without prior notice to you, to change, revise, modify, add, upgrade, remove or discontinue Our Service or Content or Information, in whole or in part. QuoteMedia may also impose limitations or restrictions upon and may revoke your access to and your use of Our Service, Content or Information, in whole or in part, without prior notice.
- Use of Our Service requires that you accept all cookies in order to activate special Web features and security mechanisms, and to enhance the performance of Our Service. While you browser may allow you to "reject" cookies, Our Service may require that you accept all cookies in order for its features and security mechanisms to function fully. QuoteMedia uses "cookies" on Web sites to service the account and keep trading activities secure. A "cookie" is an electronic note created by a web site and stored on your computer.
- Information made available by and through Web sites is made available by QuoteMedia as a general reference for informational and educational purposes only. QuoteMedia does not control such Information, and is not responsible for the contents or availability of Information provided on the Web sites. Information is protected by copyright and subject to the Information Providers' terms of usage. Your use of any Information is subject to compliance with such terms of usage.
- Our Service may include hyperlinks to other Web sites owned or operated by parties other than QuoteMedia. Neither QuoteMedia nor its Service Providers are responsible for the content or availability of such other Web sites. Inclusion of a hyperlink does not imply any recommendation or endorsement of the material or content on such third-party Web sites, nor any association with their operators. Under no circumstances will QuoteMedia or its affiliates be responsible or liable, directly or indirectly, for any loss, cost, judgment, penalty, claim action, damage, expense or attorneys' fees caused or alleged to have been caused in connection with the use or reliance on any content, goods or services available on such external Web sites.
- You will not use Our Service, Content, or Information for any purpose that is unlawful, violates the rights of any third party, or which is otherwise prohibited by this Agreement. You will not transmit through Our Service any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable and which encourages conduct that would constitute a criminal offense or give rise to civil or criminal liability.
- QuoteMedia does not guarantee the accuracy of the information and data supplied by Information Providers. QuoteMedia is not responsible for the quality or reliability of this information. You acknowledge that commentary, analysis or similar materials may contain forward-looking statements and that any Content, Information, software, or tools may not account for or reflect fluctuations in interest rates or other economic conditions and changes.
- You acknowledge that not all investment products and strategies discussed on Our Service, the Contents or Information, are suitable for every investor, and that it is your sole responsibility to determine the suitability of such products and strategies for your own investment objectives. Any investment decision and/or strategy that you make or utilize, whether or not such decision or strategy derives from or relies upon information accessed or provided through Our Service, is done so at your sole discretion and risk.
- Neither QuoteMedia nor Information Providers shall be liable for any loss resulting from your use of the Our Service, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorized access, the malfunction of your electronic or mechanical equipment, personal computer and any lines thereto, theft, operator errors, or due to any "force majeure" (e.g., severe weather, earthquakes, flood, fire or other acts of God), strikes or other labor problems, or to any other cause beyond the reasonable control of QuoteMedia or any third party. The availability of the Our Service or Information does not constitute an offer or solicitation to buy or sell any investment product. You release and agree to indemnify and hold harmless QuoteMedia from any and all liability, claims for damages, and losses of any kind resulting from any action taken by you pursuant to this Agreement.
- QuoteMedia reserves the right to suspend service and deny access to the electronic trading systems (if applicable), without prior notice, during scheduled or unscheduled system maintenance, repairs or upgrades.
- QuoteMedia has identified certain types of accounts and certain situations where you may electronically sign your Account Application or other documents, such as Exchange Agreements and other such records, collectively referred to as "Account Documents." Your intentional action in electronically signing the Account Application or Account Documents where indicated is valid evidence of your consent to be legally bound by this Agreement and by other documentation submitted in the Account Application process or governing your relationship with QuoteMedia. The use of an electronic version of these Account Documents fully satisfies any requirement that they be provided to you in writing. You are solely responsible for reviewing and understanding all of the terms and conditions of these documents and agree to conduct the Account opening process and other transactions with QuoteMedia by electronic means. You accept as reasonable and proper notice, for the purpose of any and all laws, rules and regulations, notice by electronic means, including, but not limited to, the posting of Account Document changes to http://www.quotemedia.com/legal/tos. You acknowledge and agree that you are obliged to periodically review these Account Documents at http://www.quotemedia.com/legal/tos for changes or modifications that may be made by QuoteMedia from time to time. The electronically or other properly stored copy of the Agreement and any Account Application or Account Documents is considered to be the true, complete, valid, authentic and enforceable record of the applicable document, admissible in judicial or administrative proceedings to the same extent as if the documents and records were originally generated and maintained in printed form. You will not contest the admissibility or enforceability of QuoteMedia's copy of the documents in any proceeding arising out of this Agreement.
- By agreeing to this Agreement, or by giving QuoteMedia your electronic mail address (e-mail), you consent to the electronic delivery by QuoteMedia to you of all information relating to your account, new product offerings, pricing changes, and changes to your service ("Communications").Your consent further authorizes QuoteMedia to deliver all such Communications to you by e-mail or by posting the Communication on the Web site where the Communication can be read and printed. You agree that this Agreement constitutes notice of such posting. Your consent further authorizes QuoteMedia to deliver Communications to you by giving you an e-mail that includes a hyperlink to an address on the World Wide Web or the Web site where the information is posted, and can be read and printed. Your consent further authorizes QuoteMedia to deliver a Communication to you by sending you a notice by e-mail, mail, telephone, or facsimile transmission which directs you to an address on the World Wide Web and/or a place within the Web site where the Communication is posted and from which it can be read and printed. You agree that such delivery shall be deemed effective delivery to you whether or not you access or review the Communication. It is mandatory that you maintain a subscription to any Communications, as described above. If you wish to no longer receive these Communications, you must cancel your account with QuoteMedia.
- Subject to the provisions relating to Professional Users in Section H herein, Our Service is provided exclusively for your personal, non-professional and noncommercial access and use. You will not access or use the Services in any unlawful manner, for any unlawful purpose or in violation of this Agreement or applicable laws, rules and regulations. Other than as expressly allowed by this Agreement, you will not engage in the uploading, posting, decompiling, reverse engineering, disassembling, modification, copying, distribution, transmission, reproduction, republication, licensing, display, sale, or the transfer or creation of derivative products or other works of or from any product, service, information, content, software, message, advertisement or any other work found at, aggregated at, contained on, distributed through, linked to or from, downloaded to or from or in any other manner accessed from the Services ("Materials").
- Permitted Use, Limitations on Use. You may display the Material from one location at a time on your monitor/ print screens only for your individual use, keeping all our copyright and other notices on the Material. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, or provide the information or services in any manner without the prior express written consent of QuoteMedia.
- "RTD/DDE Functionality" means the ability to use streaming data from Quotestream to dynamically update values in other applications, such as Excel spreadsheets or other 3rd party applications, through the use of Microsoft RTD, or Dynamic Data Exchange (DDE) or other methods. You shall only be entitled to use RTD/DDE Functionality if you have specifically ordered and pay for this functionality. Redistribution of streaming data using RTD/DDE Functionality is strictly prohibited. You may not provide, distribute or display Content or Information received through Quotestream to any other person or entity. Should an Information Provider (i.e. a stock exchange) determine that additional fees and/or penalties are due as a result of your misuse of RTD/DDE Functionality and/or redistribution of Information to 3rd parties, you shall be responsible for and immediately pay those additional fees and/or penalties.
- The QuoteMedia, or Information Providers' company names and logos and all related product and service names, design marks and slogans are the property of the respective company or its affiliates. You are not authorized to use any such name or mark in any advertising, publicity or any other commercial manner. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Services or in any Material. QuoteMedia and/or Information Providers retain all such rights of ownership.
- Our Service are provided for your convenience, and use of Our Service and any reliance upon any Materials, including any action taken by you because of such use or reliance, is at your sole discretion and risk. Neither QuoteMedia nor Information Providers, licensors, employees, distributors or agents is responsible or liable for, or makes any representations or warranties as to: Any representations, promises, recommendations or inducements that may be made by or through any party (including vendors) found at, on, through or from Our Service; the timeliness, accuracy, reliability, completeness, legality, copyright compliance or decency of Our Service or any Materials; any inaccuracy, omission, error or delay in Our Service or any Materials; nonperformance of or interruption in Our Service or any Materials due to: (i) any act or omission by any disseminating party; (ii) any "force majeure" (i.e., flood; riot; labor dispute; accident; action of government; communications, transmissions or power failure; equipment, systems or software malfunctions) or any other cause beyond the control of any disseminating party; or (iii) outages, transmission quality or malfunctions of telephone circuits or computer systems, including, but not limited to, any defects or failures with respect to your software, computer systems or Internet access provider; the quality of Our Service or any Materials (including the results to be obtained from use of them); or any loss resulting from, arising out of, or related to your access and/or use of or interaction with Our Service or the Materials.
- OUR SERVICE AND THE MATERIALS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS, AND NEITHER QUOTEMEDIA NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS MAKE ANY REPRESENTATIONS AS TO THE SUITABILITY OF OUR SERVICE OR THE MATERIALS FOR ANY PURPOSE. QUOTEMEDIA AND ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AVAILABILITY AND ACCURACY WITH RESPECT TO OUR SERVICE AND THE MATERIALS. IN NO EVENT SHALL QUOTEMEDIA OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO OUR SERVICE OR THE MATERIALS, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE LIMITATION OF LIABILITY ONLY WITH RESPECT TO CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY. IN SUCH JURISDICTIONS, THE RESPECTIVE LIABILITY OF QUOTEMEDIA AND ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS IS LIMITED TO THE GREATEST EXTENT ALLOWABLE UNDER APPLICABLE LAW. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD QUOTEMEDIA OR ANY OF ITS UNDERLYING SERVICE PROVIDERS RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES (INCLUDING THOSE CONTRACTED TO OPERATE VARIOUS AREAS ON THE SERVICE) IN CONNECTION WITH OUR SERVICE OR THE MATERIALS.
- You are solely responsible for your investment research, and neither QuoteMedia nor any Information Provider makes any representations, warranties or other guarantees as to the accuracy or timeliness of any price quotes; nor does QuoteMedia and Information Provider make any representations, warranties or other guarantees as to the present or future value or suitability of any sale, trade or other transaction involving any particular security or any other investment.
- Our Service and the Materials may contain typographical errors or inaccuracies. QuoteMedia and any Information Provider reserve the right, in their sole discretion, without any obligation and without any notice requirement, to: (1) improve and correct Our Service and the Materials and (2) suspend and/or deny access to Our Service and any of the Materials for scheduled or unscheduled maintenance, upgrades, improvements or corrections.
- You shall indemnify and hold harmless QuoteMedia and any of the underlying Service Providers, Information Providers, licensors, employees, distributors or agents from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys' fees, arising from or relating to your access and/or use of, or interaction with, Market Data, the Service or any Materials and Content, or any act, error, or omission of your use of your account or any user of your account, in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with Our Service; or violation of any applicable law.
- In the event that a court should hold that the limitations of liabilities or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of my remedies under this Agreement fail of their essential purpose, I expressly agree that under no circumstances shall the total, aggregate liability of QuoteMedia and its underlying Service Providers, Information Providers, licensors, employees, distributors or agents to me or any party claiming by or through me for any cause whatsoever exceed $10 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise.
Because some states of the United States and some countries do not allow the exclusion or limitation of the liability for consequential or incidental damages, the above disclaimer may not apply to you. Any warranties that by law survive the foregoing disclaimers shall terminate one (1) day from the date the Our Service is used by you.
- If, in their judgment, Information Providers or QuoteMedia determines that you have misappropriated or misused Market Data or otherwise breached this Agreement, QuoteMedia may terminate this Agreement and discontinue providing Market Data to you. Information Providers may enforce this Agreement against you, and may also take action against any person that obtains such Market Data, by legal proceeding or otherwise. You shall pay the reasonable attorney's fees that QuoteMedia or any Information Provider incurs in enforcing this Agreement against you.
F. Billing Terms
If you are receiving Our Services through one of our Affiliates, and that Affiliate is billing you directly for Our Services, then the manner in which you will be billed, the method by which you may cancel Our Service, and the types of assistance you can receive in relation to billing will be governed by any agreement you have with that Affiliate. If you are receiving Quotestreamtm through one of our Affiliates, and that Affiliate is purchasing your Quotestreamtm license for you, then the method by which you may cancel billing will be governed by any agreement you have with that Affiliate, and the following terms relating to billing do not apply. If you have a specific written agreement with Quotemedia that deals with billing, cancellation and support, then that agreement shall govern in relation to those issues. In all other cases, the following terms relating to billing, cancellation of Our Service, and billing assistance will apply:
- Certain QuoteMedia products are billed either Monthly, Quarterly or Annually on a nonrefundable and nontransferable basis.
- Clients must notify QuoteMedia by 6:00 pm ET on the last business day prior to the month end in which they wish to discontinue the Service. Notification must be sent to prior to the month end or the Service will automatically renew for another period with all fees due and payable.
- Cancellation of Our Service can be affected by sending an email with the relevant account information to . An email receipt response will be sent to you confirming cancellation of your service. No partial month refunds for product Service will be given.
- Address/email contact changes must be sent to QuoteMedia within 15 days of any change in order to comply with Exchange regulations.
- All Billing Assistance will be conducted by email. The Customer Service Center will be open business days Monday-Friday. Closed Weekends.
- If billing assistance is required, email with an explanation regarding your enquiry.
- If you are being billed for Quotestream on an Annual basis, then the following refund policy applies:
- if you terminate your Quotestream account in the first 3 months of use, you will receive a 75% refund of your total fee (this includes fees for real-time data packages);
- if you terminate your Quotestream account in the second 3 months of use, you will receive a 50% refund of your total fee;
- if you terminate your Quotestream account in the third 3 months of use, you will receive a 25% refund of your total fee;
- if you terminate your Quotestream account in the last 3 months of use, you will not be entitled to receive any refund.
G. Technical/Product Support
If you are receiving Our Services through one of our Affiliates, and that Affiliate is providing you directly with Technical/Product Support for Our Services, then the manner in which such Technical/Product Support is provided to you will be governed by any agreement you have with that Affiliate. In all other cases, the following terms relating to Technical/Product Support will apply:
- All Technical/Product Support will be conducted by email. The Customer Service Center will be open business days Monday-Friday. Closed Weekends.
- If technical assistance is required, go to our web page, which is located at http://quotemedia.supportclient.com and register the problem with our online customer service support system.
H. Additional Terms for Professional users
The following terms in this Section H only apply to Professional Users of Quotestreamtm or QuoteMedia's snap quote services. These terms apply in addition to the rest of the terms set out in this Agreement. In the event of conflict between the terms contained in this Section H and those contained in the rest of this Agreement, the terms contained in this Section H shall govern with respect to Professional Users of Quotestreamtm or QuoteMedia's snap quote service.
- Are You A Professional User? You are a Professional User if you meet any one of the following criteria:
- You plan to furnish the information to any other person(s) as part of any type of business activity.
- You use the information in connection with any trading or any business activities (such as customer service, financial planning, etc.) and not for personal investment purposes only.
- You are subscribing on behalf of a firm, corporation, partnership, trust or association.
- You are a securities broker-dealer, registered representative, investment advisor, investment banker, futures commission merchant, commodities introducing broker or commodity trading advisor, money manager, member of the Securities Exchange or Association or Futures Contract market, or any owner, partner or associated person of the foregoing.
- You are employed by a bank or an insurance company or an affiliate of either performing functions related to securities or commodity futures investment or trading activity.
- You otherwise meet the definition of a professional user, as defined from time to time by any Exchange or other Information Provider from whom you are receiving Information.
- Subscription Options/Billing Terms. If you are receiving Quotestreamtm or QuoteMedia's snap quote service through one of our Affiliates, and that Affiliate is billing you directly, then the manner in which you will be billed, the method by which you may cancel Quotestreamtm or QuoteMedia's snap quote service, and the types of assistance you can receive in relation to billing will be governed by any agreement you have with that Affiliate. If you are receiving Quotestreamtm or QuoteMedia's snap quote service through one of our Affiliates, and that Affiliate is purchasing your Quotestreamtm or QuoteMedia's snap quote service license for you, then the method by which you may cancel billing will be governed by any agreement you have with that Affiliate, and the following terms relating to billing do not apply. In all other cases, the following terms relating to billing, cancellation of Quotestreamtm or QuoteMedia's snap quote service, and billing assistance will apply:
- Quotestream™ is billed either Monthly or Quarterly on a nonrefundable and nontransferable basis.
- Generally, exchange fees are billed on a monthly basis directly from the exchanges. There are some exceptions, however (such as NASDAQ, Pink Sheets, CME, NYMEX, COMEX, CBOT, CNXS and PURE), which are billed by QuoteMedia.
- All Service and Exchange fees do not carry any partial month refunds.
- Clients must notify QuoteMedia by the last business day prior to the month end in which they wish to discontinue the Service. Notification must be sent to prior to month end or the service will automatically renew for another period with all fees due and payable.
- At any time until the end of the calendar month in which you have been activated, you have the right to terminate Quotestream™ or QuoteMedia's snap quote service for the cost of exchange fees only (no Service fee from Quotemedia will apply). After the end of the calendar month in which your Service has been activated, there will be no right to cancel and the full billing cycle terms will be in force. No refunds will be available except for full month exchange fees that have been paid in advance (NASDAQ only).
- Cancellation of Services can be affected by sending an email with the relevant account information to . An email receipt response will be sent to you confirming cancellation of your service. Exchange fees are refundable for full months paid in advance if the service is cancelled-no partial month refunds for exchange fees or service fees.
- Address Changes must be sent to QuoteMedia within 15 days of any change.
- Changes to Services can be made only by contacting QuoteMedia.
I. Termination of Service by QuoteMedia
Notwithstanding any provision in this Agreement, QuoteMedia reserves, in our sole discretion, the right to terminate Our Service or cancel any portion of Our Service to you at any time, without notice, and without cause.
J. Restricted Rights Legend
Any Material downloaded from Our Service for or on behalf of the United States of America, its agencies and/or its instrumentalities ("U.S. Government") is provided with Restricted Rights. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
- You agree that no joint venture, partnership, employment or agency relationship exists between yourself and QuoteMedia as a result of this Agreement or use of Our Service.
- If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement shall continue in effect.
- This Agreement constitutes the entire agreement between you and QuoteMedia with respect to your Account, Our Service, Content, and the Materials; and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and QuoteMedia with respect to your Account, Our Service, Content, and the Materials; provided, however, that any and all other agreements between you and QuoteMedia and its subsidiaries or affiliates, will remain in full force and effect.
- A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent, and subject to the same conditions, as other business documents and records originally generated and maintained in printed form.
- In no event shall the liability of QuoteMedia for your use of your Account, Our Service, Content, and the Materials, exceed $10.00.
- This Agreement will be binding upon and inure to the benefit of the parties, their respective heirs, personal representatives, successors and assigns.
L. Exchange "Delay" Times
This list presents all covered exchanges for which QuoteMedia, Inc. offers data in delayed time and their respective minimum delay times.
|NYSE MKT (AMEX)
|MDX Indices (includes S&P)
|Dow Jones Index
|OTC Bulletin Board Market
|OPRA (US Options Exchange)
|TSX (Toronto Stock Exchange)
|TSXV (Toronto Venture Stock Exchange)
|Montreal Options Exchange (MOE)
|Canadian National Stock Exchange (CNSX/CNQ)
|Alpha Venture Plus
|TMX Select ATS
|Chi-X Canada ATS
|CBOT (Chicago Board of Trade)
|CME (Chicago Mercantile Exchange)
|NYMEX (New York Mercantile Exchange)
|COMEX (New York Mercantile Exchange - Comex Division)
|Foreign Currency Exchange Rates (FRXL)
|London Stock Exchange
Last revision date: July 11, 2013