TICKERMINE SUBSCRIBER AGREEMENT
- This SUBSCRIBER AGREEMENT is entered into by and between Tickermine, a California LLC with a principal address at 250 Hugo Street, San Francisco, CA 94122 ("Tickermine"), and "Subscriber".
- 1) General. This Agreement contains the final and entire agreement between us regarding your use of Services. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of California, United States of America applicable to contracts made entirely within California and wholly performed in California, without regard to any conflict or choice of law principles. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
- 2) Services and Billing. Tickermine grants to company or individual ("Subscriber") the nonexclusive right to use the service(s) solely for Subscriber's personal, internal, noncommercial use in accordance with the terms and conditions of this Agreement. You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement. Only one individual may access a Service at the same time using the same user name or password, unless we agree otherwise. Registration data and other information about you are subject to our Privacy Policy.
- 3) Term and Termination. The term of this Agreement is month to month. A paying Subscriber agrees to have payment drawn from his credit card account on a monthly basis, in advance (unless otherwise agreed in writing) or, if the annual payment plan has been chosen, yearly in advance. Subscriber may terminate this Agreement by contacting Tickermine at cs@tickermine.com. Cancellation of a yearly account will result in a pro-rata refund. No refunds are given on monthly accounts. You agree to pay the subscription fees and any other charges incurred in connection with your user name and password for Service at the rates in effect when the charges were incurred. Subscription fees will be billed at the beginning of your subscription or any renewal. Your subscription will renew automatically, unless we terminate it or you notify us by telephone, mail, or e-mail of your decision to terminate your subscription. For annual subscriptions, we will notify you of the pending renewal of your subscription at least 30 days prior to the date your subscription renews, except as otherwise required by law. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
- 4) Copyrights and License Restrictions. Tickermine's Services may contain copyrightable works and proprietary information owned by Tickermine. Unless Subscriber and Tickermine agree in writing, Subscriber shall use the Services solely and exclusively for the internal purposes of Subscriber and its employees and shall not allow any other firm, individual, affiliate, subsidiary, or third-party entity of any kind to use or have access to the Services. Subscriber shall not alter or modify the Services in any manner. Subscriber acknowledges that the Services were prepared by Tickermine through the application of expertise, methods, and standards of judgment developed, acquired, and applied through the expenditure of substantial time, effort and money. Subscriber agrees to respect and protect all copyright rights and other proprietary rights of Tickermine and its licensors in the Services. Subscriber is prohibited from using any type of automated method of retrieving data from Services content without the prior written consent of Tickermine. This includes, but is not limited to, programs termed as spiders, snakes, robots, or mirroring type programs.
- 5) Disclaimer of Warranties and Other Disclaimers. Subscriber agrees that neither Tickermine, its affiliates, officers, directors, employees, agents or representatives, nor the Providers, nor any officer, director, employee, agent, affiliate or representative thereof shall have any liability, contingent or otherwise, for the accuracy, timeliness, reliability, completeness or correct sequencing of Services or the information made available through Services content. Tickermine is not a registered broker-dealer or a registered investment adviser and mention of a particular security in Services content does not constitute a recommendation to buy, sell, or hold that or any other security, or that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. Subscriber further understands that Tickermine will not advise Subscriber personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter.
Tickermine does not warrant that Services content and the information obtained from Services content is appropriate for Subscriber's needs, that Services content will be available at any particular time or location, or that any defects or errors in Services content will be corrected. USE OF SERVICES CONTENT AND ANY INFORMATION OBTAINED THROUGH SERVICES CONTENT IS SOLELY AT SUBSCRIBER'S RISK. IN NO EVENT SHALL TICKERMINE BE LIABLE FOR LOSS OF PROFITS OR DATA, USE OR INTERRUPTION OF BUSINESS, TRADING LOSSES OR DAMAGES THAT RESULT FROM INCONVENIENCE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES ARISING OUT OF OR RELATING TO SUBSCRIBER'S USE OF SERVICES CONTENT, EVEN IF TICKERMINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY OF THE FOREGOING. IN NO EVENT SHALL TICKERMINE'S AGGREGATE LIABILITY ARISING OUT OF OR BASED UPON THIS AGREEMENT REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT, INCLUDING WITHOUT LIMITATION, ANY ACTION IN TORT OR CONTRACT, EXCEED THE FEES PAID BY SUBSCRIBER TO TICKERMINE PURSUANT TO THIS AGREEMENT.