Terms and Conditions for FinancialContent Services, Inc.
FinancialContent Services, Inc., at our discretion, provides you with services including, but not restricted to, stock quotes, news and information services. You agree to comply with the conditions imposed on your use of the services, as set out in these Terms and Conditions and elsewhere in our services.
Certain data accessible in our services, including but not limited to stock quotes and news, is the intellectual property information service providers, third parties that provide such data, or us. The data is protected by copyright and other intellectual laws and all ownership rights remain with the information service provider, the third party or us, as the case may be.
Use of our service will be in accordance with these Terms and Conditions and the requirements set out elsewhere on our services. You may not copy, distribute or redistribute the data, including by caching, framing or similar means, or sell, resell, re-transmit or otherwise make the data retrieved from our services available in any manner to any third party.
The data is provided "as is." We or any third party shall not be liable to you or any third party for any loss or damage, direct, indirect or consequential, arising from (i) any inaccuracy or incompleteness in, or delays, interruptions, errors or omissions in the delivery of the data or any other information supplied to you through our services or (ii) any decision made or action taken by you or any third party in reliance upon the data. Third party nor we shall be liable for loss of business revenues, lost profits or any punitive, indirect, consequential, special or similar damages whatsoever, whether in contract, tort or otherwise, even if advised of the possibility of such damages incurred by you or any third party.
Where the information consists of pricing or performance data, the data contained therein has been obtained from sources believed reliable. Data computations are not guaranteed by any information service provider, third party or us or any affiliates and may not be complete. Neither any information service provider, third party or us give any warranties, as to the accuracy, adequacy, quality or fitness, timeless, non-infringement, title, of any information for a particular purpose or use and all such warranties are expressly excluded to the fullest extent that such warranties may be excluded by law. You bear all risk from any use or results of using any information. You are responsible for validating the integrity of any information received over the Internet.
You acknowledge and agree that as a condition of continued receipt of index data originating from Dow Jones & Company, Inc. or any of its affiliates or agents (“Dow Jones”), you shall not create, sponsor or permit the trading on your exchange facilities, if any, of financial instruments or investment products (including, without limitation, derivatives, structured products, investment funds, exchange-traded funds or derivatives based on exchange-traded funds (e.g., options on ETFs or futures on ETFs)) 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 financial instrument or investment product (e.g., an exchange-traded fund) linked to an index published by Dow Jones, without a separate written agreement with Dow Jones for such purpose.
Transmission may be subject to arbitrary delays beyond our control, which may delay the provision of our services and the execution of your orders. You acknowledge that neither any information service provider, third party nor we will be liable to you or any third party for any losses arising from such delay.
IN NO EVENT WILL ANY INFORMATION PROVIDER, THIRD PARTY, OR WE BE LIABLE TO YOU, YOUR CUSTOMERS OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE SERVICES), OR CLAIMS ARISING IN TORT (INCLUDING NEGLIGENCE), EVEN IF THE INFORMATION PROVIDER, THIRD PARY OR WE HAVE BEEN ADVISED OF OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY OF THE FOREGOING. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of our services.
Should any provision of these Terms and Conditions be held to be void, invalid, unenforceable or illegal by a court, such provision shall be valid and enforceable to the extent permitted by law or the applicable rules or bylaws, and the validity and enforceability of the other provisions shall not be affected thereby. Failure of any party to enforce any provision of these Terms and Conditions shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
These Terms and Conditions shall be interpreted in accordance with the laws of California. You acknowledge that, notwithstanding the use of California law for purposes of interpreting these Terms and Conditions, and, except with regard to California citizens or residents, no substantive right or remedy under California law, including the consumer protection laws of California, shall be available to you as a basis for any action, claim or other proceeding against us, and you hereby waive any such rights under California law. In any action arising under these Terms and Conditions, you consent to the jurisdiction and venue of the courts of California, County of San Mateo.
Copyright © 2004 FinancialContent Inc. All rights reserved.
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