
StockQuoteAlerts.com
Terms of Service
Fees
The stockquotealerts.com service is free to use. We make money from
the ads on the site. We do not sell your email address to other companies
or share it with other companies to use for marketing purposes.
Eligibility
Our services are available only to individuals who can form legally
binding contracts under applicable law.
Your Information
"Your Information" is defined as any information you provide
to us in the registration process or through any email feature. You are
solely responsible for Your Information, and we act as a passive conduit
for your online distribution and publication of Your Information. With
respect to your Information:
Your Information:
(a) shall not be false, inaccurate or misleading;
(b) shall not be fraudulent;
(c) shall not infringe any third party's copyright, patent, trademark,
trade secret or other proprietary rights or rights of publicity or privacy;
(d) shall not violate any law, statute, ordinance or regulation (including
without limitation those governing consumer protection, antidiscrimination
or false advertising). Solely to enable StockQuoteAlerts.com to use the
information you supply us with, so that we are not violating any rights
you might have in that information, you agree to grant us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sublicensable (through
multiple tiers) right to exercise the copyright and publicity rights (but
no other rights) you have in Your Information, in any media now known
or not currently known, with respect to Your Information. StockQuoteAlerts.com
will only use Your Information in accordance with our Privacy Policy.
Access and Interference
You
agree that you will not use any robot, spider, other automatic device,
or manual process to monitor or copy our web pages or the content contained
herein without our prior expressed written permission. You agree that
you will not use any device, software or routine to interfere or attempt
to interfere with the proper working of the stockquotealerts.com site
or any service being conducted on our site. You agree that you will not
take any action that imposes an unreasonable or disproportionately large
load on our infrastructure. Much of the information on our site is updated
on a real time basis and is proprietary or is licensed to stockquotealerts.com
by our users or third parties. You agree that you will not copy, reproduce,
alter, modify, create derivative works, or publicly display any content
(except for Your Information) from our website without the prior expressed
written permission of stockquotealerts.com or the appropriate third party.
Breach
Without
limiting other remedies, we may immediately issue a warning, temporarily
suspend, indefinitely suspend or terminate your membership and refuse
to provide our services to you: (a) if you breach this Agreement or the
documents it incorporates by reference; (b) if we are unable to verify
or authenticate any information you provide to us; or (c) if we believe
that your actions may cause legal liability for you, our users or us.
No Warranty
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS"
AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY.
WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some states do not allow the disclaimer of implied warranties, so
the foregoing disclaimer may not apply to you. This warranty gives you
specific legal rights and you may also have other legal rights which vary
from state to state.
Liability Limit
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR
ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN
CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING,
INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD
PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSOR OF (A) THE AMOUNT
OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE
TO LIABILITY, AND (B) $100. Some states do not allow the limitation of
liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold us and our subsidiaries, affiliates,
officers, directors, agents, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party
due to or arising out of your breach of this Agreement or the documents
it incorporates by reference, or your violation of any law or the rights
of a third party.
Legal Compliance
You
shall comply with all applicable laws, statutes, ordinances and regulations
regarding your use of our services.
No Agency
You
and stockquotealerts.com are independent contractors, and no agency, partnership,
joint venture, employee-employer or franchiser-franchisee relationship
is intended or created by this Agreement.
Arbitration
Any
controversy or claim arising out of or relating to this Agreement or our
services shall be settled by binding arbitration in accordance with the
commercial arbitration rules of the American Arbitration Association.
Any such controversy or claim shall be arbitrated on an individual basis,
and shall not be consolidated in any arbitration with any claim or controversy
of any other party. The arbitration shall be conducted in Tennessee,
and judgment on the arbitration award may be entered into any court having
jurisdiction thereof. Either you or stockquotealerts.com may seek any
interim or preliminary relief from a court of competent jurisdiction in
Tennessee necessary to protect the rights or property of you or stockquotealerts.com
pending the completion of arbitration.
General
This
Agreement shall be governed in all respects by the laws of the State of
Tennessee as such laws are applied to agreements entered into and to
be performed entirely within Tennessee between Tennessee residents.
We do not guarantee continuous, uninterrupted or secure access to our
services, and operation of our site may be interfered with by numerous
factors outside of our control. If any provision of this Agreement is
held to be invalid or unenforceable, such provision shall be struck and
the remaining provisions shall be enforced. Headings are for reference
purposes only and in no way define, limit, construe or describe the scope
or extent of such section. Our failure to act with respect to a breach
by you or others does not waive our right to act with respect to subsequent
or similar breaches. This Agreement sets forth the entire understanding
and agreement between us with respect to the subject matter hereof.
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