To assist you in using our Quote Widgets, and any other widgets we
may launch from time to time (collectively, the Widgets), and to ensure a
clear understanding of the relationship arising from your use of any of the
Widgets, we have created a set of Widget Terms and Conditions. Our Widget Terms
and Conditions govern your use of our Widgets generally and the relationship
between you and us. Please read on to learn more.
Your use of any of the Widgets or any of the Services (defined below) constitutes your agreement to be
bound by and comply with the Widget Terms and Conditions. If you do not so agree and
consent, you are not authorized to visit or use our Widgets or the Services.
1.0 Agreement
These Terms and Conditions (the Widget Terms and Conditions) govern your use
of the Widgets, your receipt of any services and information made available through
the Widgets, and your use of any demonstrations or versions of eSignal products
available through the Widgets (collectively, the Services). The Widgets
are provided by eSignal, a division of Interactive Data Corporation, eSignal,
Inc., a wholly-owned subsidiary of Interactive Data Corporation and/or their
respective affiliates (collectively, eSignal, also referred to as we or
us), and these Widget Terms and Conditions constitute an agreement between
you and eSignal. Some of the services, information and products availablefrom eSignal or third parties through the Widgets may also be governed by
additional agreements. To the extent that there is any conflict between
these Widget Terms and Conditions and any separate written agreement you have
executed or otherwise entered into with eSignal regarding any premium or
subscription-based services or information available through the Widgets, the
terms of such separate agreement shall control.
Please read these Widget Terms and Conditions carefully; they impose legal obligations on you and govern your relationship with us. By accessing any of the Widgets or using the Services, you are acknowledging that you have read and understood these Widget Terms and Conditions and agree, without limitation or qualification, to be legally bound by, and to comply with, them.
In addition, if you register as a user (a Subscriber) of any of
the features of our Widgets or Services offered through our Widgets, during the
registration process you may be prompted to click an I Accept, Submit or
similar button; your clicking on such button will further confirm your
agreement to be legally bound by these Widget Terms and Conditions and any
additional terms and conditions of service that we may present to you at that
time.
2.0 Purpose of Services and Widgets; License
3.0 Disclaimer regarding Content
4.0 Ownership of Information; Downloading of Materials; Retransmission and Redistribution of Data YOU FURTHER AGREE NOT TO USE THE SERVICES OR INFORMATION MADE
AVAILABLE THROUGH THE SERVICES FOR ANY UNLAWFUL PURPOSE AND AGREE TO COMPLY
WITH REASONABLE REQUESTS BY ESIGNAL TO PROTECT THE RESPECTIVE RIGHTS OF
ESIGNAL, ITS AFFILIATES, LICENSORS AND THE DATA PROVIDERS IN THE SERVICES AND
IN THE INFORMATION MADE AVAILABLE THROUGH THE SERVICES.
5.0 Our Data Providers' Requirements
6.0 0 Disclaimer regarding Links and Other Third Party Content You agree that eSignal shall not be held liable for any trading
activities or other activities that occur on any website you access through
links on the Widgets. We provide these links as a convenience, and do not
endorse the content or services offered by these other sites. Users are prohibited from using the Widgets or Services to violate
any laws or to violate the rights of eSignal or of any third parties, all as
further provided in our Subscriber Code of Conduct, below. You further understand that when using the Widgets or Services,
you may be exposed to content that you find objectionable, crude, indecent,
harassing, or otherwise inappropriate. You agree that eSignal is not, and
shall not be, liable for any such material.
7.0 User Code of Conduct (i) any material that
violates any applicable laws, including without limitation the laws of the
United States, the laws of any state or commonwealth within the United States,
and the laws of any other jurisdiction that may apply; You further agree that you will not: You acknowledge and agree that these prohibitions do not, and
shall not be construed to, create any rights in you or any third parties.
We reserve the right (but do not have any obligation) to prohibit or restrict
conduct on the Widgets and to edit, block, or remove any content, in whole or
in part, which in our sole discretion we believe violates our Subscriber Code
of Conduct, or is otherwise objectionable. If
you believe that material has been posted in conjunction with or through the
Widgets that violates any of these prohibitions, or that should otherwise be
removed, please contact eSignal as follows: For
reports relating to all Widgets: Customer Service
8.0 Disclaimer regarding Investment Decisions and Trading
9.0 No Advice or Solicitation
10.0 Disclaimer of Warranties and Limitation of Liability
IN NO EVENT WILL ESIGNAL OR THE DATA PROVIDERS 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 WIDGETS OR THE SERVICES), OR CLAIMS ARISING IN TORT
(INCLUDING NEGLIGENCE), EVEN IF ESIGNAL OR THE DATA PROVIDERS HAVE BEEN ADVISED
OF OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY OF THE FOREGOING. YOU ACKNOWLEDGE THAT DOCUMENTS POSTED TO AND CONTENT AVAILABLE AT
THE WIDGETS MAY CONTAIN COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. SHOULD YOU
DOWNLOAD ANY SUCH MATERIALS FROM THE WIDGETS, IT IS YOUR RESPONSIBILITY TO
PERFORM ANY ANTI-VIRUS SCANNING OR OTHER PRECAUTIONS AS YOU DEEM NECESSARY.
UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY
ANY MATERIALS DOWNLOADED FROM THE WIDGETS AND YOU ASSUME FULL RESPONSIBILITY
FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY
EQUIPMENT OR DATA YOU USE IN CONNECTION WITH OUR WIDGETS.
11.0 indemnification
12.0 Disclaimer of Right to Sue If you are a California resident, you waive California Civil Code
§ 1542, which provides: A general release does not extend to claims
which the creditor does not know or suspect exist in his favor at the time of
executing the release, which if known by him must have materially affected his
settlement with the debtor.
13.0 Modification and Termination of Widgets; Modification of Widget Terms of Conditions
14.0 Entire Agreement
15.0 Your Consent
The Services and Widgets are made available solely as a convenience to you for
general informational purposes. We hereby grant to you a non-exclusive, non-transferable,
non-sublicensable, limited license to use the Widgets
on the terms and conditions set forth herein.All rights not expressly granted to you are reserved by us.
eSignal cannot and does not represent or guarantee that any of the information
available through the Services or Widgets is accurate, reliable, current,
complete or appropriate for your needs. Various
information available through the Services or Widgets may be provided by
parties with whom eSignal has no relationship (or no relationship other than
one established through these Terms and Conditions). Some other
information available through the Services or Widgets may be specially obtained
by eSignal from professional businesses or organizations, such as exchanges,
news providers, market data providers and other content providers (e.g., the
New York Stock Exchange, NASDAQ, New York Mercantile Exchange and Dow Jones),
who are believed to be sources of reliable information (collectively, the Data
Providers). Nevertheless, due to various factors - including the
inherent possibility of human and mechanical error - the accuracy,
completeness, timeliness, results obtained from use, and correct sequencing of
information available through the Services and Widgets are not and cannot be
guaranteed by eSignal.
Unless otherwise noted, all right, title and interest in and to the Widgets, and
all information made available through the Widgets or the Services, in all languages,
formats and media throughout the world, including all copyrights and trademarks therein,
are and shall continue to be the exclusive property of eSignal, its affiliates or its
Data Providers. To the extent that the Widgets or the Services contain information from
third parties pursuant to rights granted as a matter of law (such as principles of fair use),
eSignal owns all right, title, and interest (including copyright), in all languages, formats
and media throughout the world, in the selection, arrangement and presentation of such information
on the Widgets or in the Services, as well as in the selection, arrangement, and presentation of all
other content on the Widgets and in the Services. Certain materials may be made available for download
from these Widgets. Subject to these Widget Terms and Conditions, eSignal grants you limited permission
to download and copy such materials solely for your internal, non-commercial use; provided that all
copyright notices appearing on the originals are duplicated on all copies thereof; and provided further
that you do not modify the materials in any way. Without limiting any other right or remedy available to
eSignal, at law or in equity, the limited permission herein granted will automatically terminate in the
event you breach the terms of this paragraph and, in such event, you must destroy immediately all downloaded
materials in your possession, custody or control.
EXCEPT AS OTHERWISE EXPRESSLY PERMITTED BY THE PRECEDING PARAGRAPH, YOU AGREE
NOT TO REPRODUCE, RETRANSMIT, DISSEMINATE, SELL, DISTRIBUTE, PUBLISH, BROADCAST
OR CIRCULATE ANY OF THE SERVICES OR MATERIALS IN ANY MANNER OR FOR ANY PURPOSES
(WHETHER PERSONAL OR BUSINESS) WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF
ESIGNAL AND/OR THE DATA PROVIDERS. IN ADDITION, YOU SHALL NOT, WITHOUT THE
PRIOR EXPRESS WRITTEN CONSENT OF ESIGNAL AND THE RELEVANT DATA PROVIDERS, MAKE
COPIES OF ANY OF THE SOFTWARE OR DOCUMENTATION THAT MAY BE PROVIDED,
ELECTRONICALLY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, TRANSLATING,
DECOMPILING, DISASSEMBLING OR CREATING DERIVATIVE WORKS.
These Widget Terms and Conditions are subject to any requirements of
eSignal's Data Providers under eSignal's
agreements with such Data Providers, including such additional financial and
contractual requirements as may be imposed by such Data Providers from time to
time.
The Widgets and Services may provide you with the ability to access a variety
of information, material or other content from third parties (Third-Party
Content), including through links to other websites and forums on which users
or other third parties, themselves, may post Third-Party Content. Whenever you access Third Party Content, YOU PROCEED AT YOUR OWN
RISK. You understand and agree that such third parties are solely
responsible for any such content, and you further agree that eSignal is not,
and will not be, liable for any content or other material posted or otherwise
provided by third parties. You further acknowledge that eSignal does not
control the third parties who provide Third-Party Content, does not necessarily
(and is not obligated to) review or screen any Third-Party Content either
before or after it becomes available through the Widgets and Services, and
cannot and does not guarantee, attest to, verify, or otherwise warrant that any
Third-Party Content is or will be accurate; free from errors, defects or
harmful elements; consistent with what it purports to be; appropriate to fit
your needs; or otherwise safe or non-objectionable.
You may use the Widgets for lawful purposes
only. You agree not to post, upload, e-mail, transmit, distribute, or
otherwise make the Widgets available or make available through the Widgets any
of the following:
(ii) any material that restricts or inhibits any other user from using and
enjoying the Widgets;
(iii) any material that is unlawful, threatening, abusive, harassing,
defamatory, obscene, offensive, harmful, obnoxious, pornographic, profane, or
indecent, including without limitation any transmissions constituting or
encouraging conduct that would constitute a criminal offense, give rise to
civil liability or otherwise violate any applicable law or regulation;
(iv) any material that contains viruses or any other element or component that
has a capacity or potential to interrupt, destroy, interfere with, permit the
unauthorized use of, or limit the functionality of any computer software or
hardware, any telecommunications equipment, or any communications network;
(v) any material that violates or infringes the rights of others, including
without limitation rights under copyright, trademark, or patent law; rights of
privacy or publicity; rights under defamation law; or rights under securities
or other applicable law; or
(vi) any material that contains any other harmful or illegal component.
(i) alter, damage or delete any material appearing on
the Widgets;
(ii) disrupt the normal flow of communication on the Widgets, such as through
spam email or by other means;
(iii) claim a relationship with or speak for any business, organization, or
person for which you are not authorized to claim such a relationship; or
(iv) violate any operating rule, policy or guideline of your Internet access
provider or online service.
Decisions to buy, sell, hold or trade in securities and other investments
involve risk and are best made based on the advice of qualified financial
professionals. Any trading in securities or other investments involves a risk
of substantial losses. The practice of Day Trading involves particularly high
risks and can cause you to lose substantial sums of money. Before undertaking
any trading program, you should consult a qualified financial professional.
Please consider carefully whether such trading is suitable for you in light of
your financial condition and ability to bear financial risks. Under no
circumstances shall we be liable for any loss or damage you or anyone else
incurs as a result of any trading or investment activity that you or anyone
else engages in based on any information or material you receive through the
Widgets or our Services.
The Widgets and Services are for informational purposes only and should not be
used or construed as an offer to sell, a solicitation of an offer to buy, or an
endorsement, recommendation or sponsorship of any company or security by
eSignal, its affiliates, officers, directors, employees or agents. You
acknowledge and agree that neither the Widgets nor any of the Services is
intended to supply investment or financial advice. eSignal
offers no advice regarding the nature, potential value, or suitability or any
particular security, transaction, investment or investment strategy. You
acknowledge and agree that the use of the Widgets and Services, and any
decisions made in reliance upon the Widgets and are made at your own risk.
You agree that neither eSignal, its affiliates, officers, directors, employees,
agents or representatives, nor any of the Data Providers, nor any officer,
director, employee, agent, affiliate or representative thereof shall have any
liability, contingent or otherwise, for any lack of truthfulness, accuracy or
timeliness of the Widgets or the Services; for any lack of truthfulness,
accuracy, timeliness, completeness or correct sequencing of the information
made available through the Widgets or the Services; for any decision made or
action taken by you or anyone else in reliance upon such information or the
Widgets or the Services; or for any harm or injury resulting from any
interruption or delay of any data, information or any other aspect of the
Widgets or the Services; or for any harm or injury resulting from any unsafe,
illegal, defective or otherwise inappropriate or objectionable aspect of any
information made available through the Widgets or the Services.
THE WIDGETS AND SERVICES ARE PROVIDED AS IS. TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF
FITNESS FOR A PARTICULAR USE AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, REGARDING ANY ASPECT OF THE WIDGETS OR SERVICES OR INFORMATION MADE
AVAILABLE VIA THE WIDGETS OR SERVICES. YOU RECOGNIZE THAT THE ACCURACY OF ANY
SUCH INFORMATION SHOULD BE CHECKED BEFORE YOU RELY ON IT.
By way of example, and not by way of limitation, neither eSignal nor the Data
Providers shall be liable for any loss resulting from a cause over which such
entities do not have direct control, including but not limited to, the failure
of electronic or mechanical equipment or communication lines, telephone or
other interconnect problems, unauthorized access, theft, your errors, or events
of force majeure.
You agree to indemnify and hold harmless eSignal, its affiliates, officers,
directors, employees, agents and representatives and the Data Providers and
their respective officers, directors, employees, agents and representatives,
from and against any and all claims, including, but not limited to, any
liability or expense arising from all claims, losses, damages (actual and
consequential), suits, judgements, litigation costs, and attorney's fees, of
every kind and nature, arising from or relating to your use of the Widgets or
the Services or the information made available through the Widgets or the
Services, and/or your violation of these Widget Terms and Conditions or any
third party's rights, including, but not limited to, copyright, proprietary
rights, privacy rights, and rights under defamation law.
You release eSignal, including its officers, directors, employees, or any other
agents, from claims, demands and damages (actual and consequential) of every
kind and nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with any dispute with any
user of any of the Widgets or Services, or arising in any way from content
posted to any of the Widgets by any third party.
Notwithstanding any provision in these Widget Terms and Conditions, eSignal reserves
the right, in its sole discretion, at any time, to change or modify from time
to time and/or terminate (i) its Widgets, (ii) any
particular Services made available via its Widgets, or (iii) these Widget Terms
and Conditions. Your use of our Widgets following any such change constitutes
your agreement to follow and be bound by the Widget Terms and Conditions, as
changed.
These Widget Terms and Conditions embody the entire understanding between the
parties with respect to Widgets and
supersede any and all prior representations and agreements, if any, oral or
written, with respect to Widgets. In the
event of any conflict between these Widget Terms and Conditions and any
separate agreement you have executed or otherwise entered into regarding
subscription services available through eSignal's
Widgets, the terms of such separate agreement shall control.
By using our Widgets, you agree to comply with, and be
bound by these Widget Terms and Conditions. If you do not agree with some, or
all of these Widget Terms and Conditions, you are not authorized to visit our
Widgets.