FreeRealTime.com provides and delivers various software applications that display delayed and real-time financial market information including but not limited to stock quotes, options and futures trading, news and other company information such as FreeRealTime.com e-mail (hereinafter referred to collectively as the service). All use of this service is conditioned by the acceptance without modification of the terms, conditions, and notices contained in this Agreement. By executing an agreement with FreeRealTime.com via clicking on the “I Accept” button at the end these terms and conditions, the customer acknowledges that they have read and understand the contents of this Agreement and agree to be legally bound thereby.
Customer agrees not to disseminate the data provided by FreeRealTime.com for any external use, including providing FreeRealTime.com delivered data to customer’s clients, or to any third parties. Automated query systems are strictly prohibited. Any use of such systems will result in immediate termination of access.
2. PROPRIETARY AND TRADEMARK RIGHTS
Customer acknowledges and agrees that: (a) FreeRealTime.com is and shall continue to be the absolute owner of the software and data delivered as a part of this service; (b) Customer’s right to use said data and software is derived solely from these terms and conditions; and (c) Such right is expressly limited pursuant to these terms and conditions. Customer shall at no time assert any claim of ownership over the software and data by reason of its use thereof and shall not grant or create or suffer to exist any lien or other security interest in it or any of its rights hereunder.
FreeRealTime.com and other product names are trademarks or registered trademarks of FreeRealTime.com, Inc.
Customer hereby acknowledges that the market data information provided is the property of the various exchanges and other information providers and therefore subject to modifications from the sources and controlled by all copyright and other interests maintained by the data sources.
3. LIMITATION ON LIABILITY
The market data and information provided with FreeRealTime.com’s services is believed to be reliable and FreeRealTime.com agrees to run reasonable control checks thereon to verify that the data transmitted by FreeRealTime.com is the same as the data received from the various exchanges and other information sources. However, FreeRealTime.com does not warrant or guarantee such accuracy and shall not be subject to liability for truth, accuracy, or completeness of the information conveyed to customer or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. FreeRealTime.com advises that customers always consult a stock broker or other authorized financial advisor or representative to verify the accuracy of the stock prices before making any investments or other financial decisions. This Agreement does not violate any agency requirements and FreeRealTime.com has the right to enter into this agreement from its information providers.
FreeRealTime.com shall not be responsible for, nor be in default under this agreement due to delays or failure of performance resulting from Internet Service Provider delivery problems or failure, or any communication or delivery problems associated with customer’s receipt of the data or services including FreeRealTime.com user e-mail. Furthermore, FreeRealTime.com shall not be responsible for nor in default due to acts or causes beyond its control, including but not limited to: acts of God, strikes, lockouts, communications line or equipment failures, power failures, earthquakes, or other disasters.
LIABILITY UNDER THIS AGREEMENT FROM ANY AND ALL CAUSES, INCLUDING, BUT NOT LIMITED TO, PROGRAM MALFUNCTION OR OPERATIONAL NEGLIGENCE, SHALL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL CHARGES PAID BY CUSTOMER FOR THE SERVICES DURING THE MOST RECENT TWELVE (12) MONTHS. SUCH LIMITATION SHALL BE THE EXTENT OF FREEREALTIME.COM’S LIABILITY REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT AGAINST FREEREALTIME.COM, AND THE FOREGOING SHALL CONSTITUTE FREEREALTIME.COM’S OR CUSTOMER’S SOLE REMEDY. IN NO EVENT WILL EITHER PARTY BE RESPONSIBLE FOR LOST PROFITS OR SPECIAL INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHICH CUSTOMER OR FREEREALTIME.COM INCUR OR EXPERIENCE ON ACCOUNT OF ENTERING INTO OR RELYING ON THIS AGREEMENT, EVEN IF FREEREALTIME.COM OR CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. EXCLUSION OF WARRANTIES
It is expressly understood and agreed to by the parties hereto that EXCEPT AS SPECIFICALLY PROVIDED HEREIN, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED.
The customer agrees to indemnify FreeRealTime.com from and against any and all liabilities, expenses (including attorney’s fees) and damages arising out of claims resulting from customer’s use of the service, including any claims that if the allegations were true would constitute a breach of these terms and conditions.
Customer is responsible for the confidentiality and use of its user ID, password and account number. Customer acknowledges that using the service on two or more computers simultaneously is in violation of this Agreement. Customer agrees to notify FreeRealTime.com immediately of any loss, theft, or unauthorized use of their userid, password, or account number.
MESSAGING SERVICE – FreeRealTime.com and/or third parties may, from time to time, send email messages to Users containg advertisements, promotions, etc. FreeRealTime.com does not, and will not, make any representation or warranty with respect to the content of any such email messages or any goods or services which may be obtained from such third parties. By executing an agreement with FreeRealTime.com the User acknowledges and accepts to these terms. You may opt out from any emails by notifying us at firstname.lastname@example.org or clicking the unsubscribe link we include in all emails.
8. SUBSCRIPTION SERVICES
We offer subscription services for the FRT Trading Platform and recommend that you read fully for more details and before purchasing a subscription.
When you subscribe you must provide us with complete and accurate payment information. By submitting payment details you promise that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently canceled, we may immediately terminate or suspend your access to your subscription and may in suspicious circumstances contact the issuing bank/payment provider and/or law enforcement authorities/other appropriate third parties. If you are entitled to a refund under these terms and conditions we will credit that refund to the card or other payment method you used to submit payment, unless it has expired in which case we will contact you. If you buy a subscription using a corporate credit card then we will treat your subscription as being for the benefit of both you and the relevant company.
The subscription price will be made clear to you on our sign-up pages or otherwise during the sign-up process and may vary from time to time or by country. You agree to pay the fees at the rates notified to you at the time you take out your subscription. For certain subscriptions, you can take out either an annual or monthly (or other frequency we offer) subscription. You may also have to pay any applicable local taxes. We will always tell you in advance of any increase in the price of your subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.
If we incorrectly state a price to you whether online or otherwise, we are not obliged to provide you with a subscription at that price, even if we have mistakenly accepted your offer to buy a subscription at that price, and reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the subscription without any obligation to us and we will refund you any money you have paid us in full or you may pay the correct price. If you refuse to exercise either of these choices then we may cancel your subscription and will refund you any money you have paid us in full. We will always act in good faith in determining whether a genuine pricing error has occurred.
In addition to any subscription fees you pay, you are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing FreeRealTime.com or using the services available on it. For example, if you use any of our mobile services then your network operator may charge you for data or messaging services.
We may from time to time and at our discretion make a trial available to users, in which case we will only charge you for your subscription with effect from the expiry of the trial period. No more than one trial per subscriber is allowed in any twelve month period.
If you chose to pay monthly, your subscription will continue until you tell us that you no longer wish to receive it, in which case you will stop paying the monthly fees. Please see the “Cancellations by you” section below for details of how to cancel your monthly subscription. If you chose to pay annually, unless you notify us before the end of your annual subscription period that you no longer wish to receive it, your annual subscription will renew for another year. We will charge the subscription using the same card or other payment method that you previously used. We will notify you in advance of any changes to the price of your subscription that will apply upon renewal.
CANCELLATIONS BY YOU AND REFUNDS:
Unless you cancel your subscription before we have started providing any part of it to you (in which case we will provide you with a full refund), then you agree that once we have started providing any part of your subscription to you, you do not have any right to cancel your subscription or any part of it until the end of your then-current subscription period. This means that you are not entitled to a refund once we have started providing any part of your subscription to you, except in the very limited circumstances which are referred to in these terms and conditions. Although you may notify us of your intention to cancel at any time, such notice will only take effect at the end of your then-current subscription period. You may notify us of your wish to cancel your subscription by contacting our Customer Services team.
CANCELLATIONS BY US:
FreeRealTime reserves the right to suspend or terminate your subscription if you breach these terms and conditions, with or without notice and without further obligation to you. You will not be entitled to any refund in these circumstances. If however we terminate or suspend your subscription for any other reason and/or permanently cease publishing FreeRealTime.com, the FRT Trading Platform content or cease to provide subscription services then, unless there are exceptional circumstances, we will provide you with a pro rata refund to your credit card, which means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.
9. APPLICABLE LAW AND VENUE
This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Delaware, except with regards to its rules regarding choice of law. Each party irrevocably consents to the jurisdiction of the courts of the State of Delaware and the federal courts situated in the State of Delaware, in connection with any action to enforce the provisions of this Agreement, to recover damages or other relief for breach or default under this Agreement, or otherwise arising under or by reason of this Agreement. This Agreement shall not be enforceable under the United Nations Convention on Contracts for the International Sale of Goods.
10. CUSTOMER INFORMATION
The name, address and payment information that the customer provides as a part of the subscription to any FreeRealTime.com services provided on this website will not be disclosed by FreeRealTime.com except as permitted by these terms and conditions. Customer agrees that FreeRealTime.com may share with other parties non-personal aggregate information, individual information and locator information gathered by FreeRealTime.com in the course of customer’s use of the FreeRealTime.com service.
11. MODIFICATION TO TERMS
FreeRealTime.com reserves the right to modify the terms and conditions of this License Agreement and to terminate customer’s access to and use of the FreeRealTime.com delivered data and services at any time and without prior notice.
EXECUTION OF THESE TERMS AND CONDITIONS:
I hereby understand that by signing this form I am executing the above Agreement with FreeRealTime.com to use their market data services. I acknowledge that by signing this form I accept all the terms and conditions of this Agreement and agree to be legally bound thereby.