Terms and Conditions for use of TMX PowerStreamTM Real-Time Streaming Market Data Products
The TMX PowerStream real-time streaming market data products are provided by QuoteMedia, Inc. ("QuoteMedia") pursuant to an agreement between QuoteMedia and TSX Inc., a subsidiary of TMX Group Inc. ("TSX"). TSX is pleased to offer access to the TMX PowerStream products through its TMXmoney.com website. While TSX makes such access available through TMXmoney.com, subscribers to the TMX PowerStream products are directly contracting with QuoteMedia in order to use the products, and therefore the relationship for purposes of these Terms and Conditions is between the subscriber ("you" or "your") and QuoteMedia. TSX and its affiliates are not responsible for the delivery, quality or support of the TMX PowerStream products, or for fulfilling any of the terms of these Terms and Conditions and TSX and its affiliates do not warrant or assume any responsibility for, and shall have no responsibility or liability in connection with the TMX PowerStream products or your use or reliance on such products.
Subject to these Terms and Conditions of Use ("Agreement"), QuoteMedia (as defined hereunder) makes available certain online and wireless products (TMX PowerStream; TMX PowerStream Advanced; and TMX PowerStream Premium), collectively referred to as "Our Service". Our Service may deliver a combination of any of the following materials: information, data, news, reports, programs, video, audio, other content and services ("Content").
For the purposes of this Agreement, "QuoteMedia" shall mean QuoteMedia, Inc. and its Related Parties. "Related Parties" shall mean any affiliated corporations or entity, directors, officers, employees and agents of a corporation or entity or an affiliated corporation or entity. References to "TSX" and "Information Providers" shall also include their respective Related Parties.
A. Scope of this Agreement and any Amendments
Any access or use of Our Service or any other Service offered by QuoteMedia, its affiliates or non-affiliated companies through QuoteMedia, constitutes your unconditional acknowledgement and acceptance of and agreement to this Agreement. This Agreement and its provisions shall be continuous, cover individually and collectively all of Our Services which you may use, and inure to the benefit of QuoteMedia, its successors and assigns. The Agreement shall be binding upon you and your estate, executors, personal representatives, administrators, successors and assigns.
QuoteMedia reserves the right at any time to amend, change, revise, add, or modify the terms and conditions set forth in this Agreement without prior notice to you. QuoteMedia will post such amendments, changes or modifications at http://tmxpowerstream.quotemedia.com/terms.php, or, at its option, may otherwise cause the terms and conditions to be delivered to you, electronically or otherwise. Your continued use of Our Service after the amendments, changes or modifications to this Agreement are posted constitutes your agreement to be bound by such amendments, changes or modifications to this Agreement, regardless of whether you have actually read them. QuoteMedia may justifiably rely upon such continued use of Our Service as evidence of the acceptance of any such amendments, changes or modifications. QuoteMedia shall not be bound by any verbal statements that seek to amend the terms and conditions set forth in this Agreement.
You are solely responsible for reviewing and understanding all of the terms and conditions of this Agreement and any related documents, and agree to conduct the registration process and other transactions with QuoteMedia by electronic means. You accept as reasonable and proper notice, for the purpose of any and all laws, rules and regulations, notice by electronic means, including, but not limited to, the posting of such communications at http://tmxpowerstream.quotemedia.com/terms.php or sending same via email. You agree that this Agreement constitutes notice of such posting. You agree that such delivery shall be deemed effective delivery to you whether or not you access or review the communication.
As part of your use of Our Service, you may be required to complete additional applications to access Information provided by Information Providers, such as exchange agreements and other such records, and in some cases you may do so electronically. Your intentional action in electronically signing any such additional applications where indicated is valid evidence of your consent to be legally bound by the terms of such additional applications and by other documentation submitted in the registration process or governing your relationship with QuoteMedia and any Information Providers. The use of an electronic version of these documents, including within the Agreement, fully satisfies any requirement that they be provided to you in writing.
The electronically or other properly stored copy of this Agreement and any account application or Account Documents is considered to be the true, complete, valid, authentic and enforceable record of the applicable document, admissible in judicial or administrative proceedings to the same extent as if the documents and records were originally generated and maintained in printed form. You will not contest the admissibility or enforceability of QuoteMedia's copy of the documents in any proceeding arising out of this Agreement.
B. Our Service Does Not Provide Advice
In providing Our Service, QuoteMedia, TSX and Information Providers are not acting as a brokerage or a clearing agent. In providing Our Service, QuoteMedia, TSX and Information Providers do not (1) act as a principal in securities, options, or mutual fund transactions or make a market in any security, equity or mutual fund; (2) solicit orders; (3) make discretionary investments on your behalf; (4) provide internally generated research or advice regarding securities; (5) determine suitability as to the type and/or frequency of transactions in your account(s); or (6) provide you with investment recommendations or investment, tax or legal advice.
C. Information Providers
"Information Providers" refers to third parties, including without limitation all exchanges and quotation services, which provide financial or investment information, such as raw exchange data, analysis, commentary, market data, news or research, or tools ("Information") by or through Our Service, including without limitation TSX.
D. Terms and Conditions of Your Use of Our Service
In consideration of QuoteMedia providing you with access to Our Service, you understand and agree to the following:
- You warrant and represent you have the required legal capacity and you are authorized to enter into this Agreement. You warrant and represent that you are at least 18 years old or the age of majority in the jurisdiction in which you reside, whichever is greater.
- QuoteMedia and TSX do not provide investment advice; therefore, any investment decision that you make or investment strategy that you utilize is done so at your sole discretion and at your own risk. You further acknowledge that while you may be able to access certain financial or investment information or services through Our Service, the availability of such information does not constitute a recommendation by QuoteMedia or TSX to invest in any security or utilize any investment strategy discussed therein. You acknowledge that not all investment products and strategies discussed on Our Service, Content or Information, are suitable for every investor, and that it is your sole responsibility to determine the suitability of such products and strategies for your own investment objectives. Any investment decision and/or strategy that you make or utilize, whether or not such decision or strategy derives from or relies upon information accessed or provided through Our Service, is done so at your sole discretion and risk. The availability of Our Service, Content and Information does not constitute an offer or solicitation to buy or sell any investment product. You release and agree to indemnify and hold harmless QuoteMedia, TSX and Information Providers from any and all liability, claims for damages, and losses of any kind resulting from any action taken by you pursuant to this Agreement.
- QuoteMedia will maintain adequate procedures to ensure the confidentiality of all account information within its possession. All your account numbers, user IDs and passwords are confidential, and you agree to be fully responsible for your account and identification numbers and for all activities under your account number, user ID, or password. QuoteMedia may justifiably rely that any actions conducted through Our Service and placed under your account number, user ID, or password were placed or authorized by you. You will immediately notify QuoteMedia if any of the following shall occur: (1) the loss or theft of your account number, user ID, or password; or (2) should you become aware of any unauthorized use of your account number, user ID, or password.
- QuoteMedia shall not be responsible for the accessibility of, transmission quality, outages to, or malfunction of any telephone circuits, computer system or software. You are responsible for providing and maintaining the communications equipment, including personal computers and modems required for accessing Our Service. QuoteMedia reserves the right to suspend Our Service and deny access to electronic trading systems, without prior notice, during scheduled or unscheduled system maintenance, repairs or upgrades.
- QuoteMedia, TSX and Information Providers shall not be liable for any loss resulting from your use of Our Service, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, unauthorized access, the malfunction of your electronic or mechanical equipment, personal computer and any lines thereto, theft, operator errors, or due to any "force majeure" (e.g., severe weather, earthquakes, flood, fire or other acts of God), strikes or other labour problems, or to any other cause beyond the reasonable control of QuoteMedia or any third party.
- By using Our Service, Content and Information, you assume all of the risks associated with their use, and you release and agree to indemnify and hold harmless QuoteMedia, TSX and Information Providers from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys' fees, arising from or relating to your access and/or use of, or interaction with, Our Service, Content and Information, or any act, error, or omission of your use of your account or any user of your account, in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with Our Service; or violation of any applicable law.
- OUR SERVICE AND ALL OF THE CONTENT AND INFORMATION ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. NEITHER QUOTEMEDIA, TSX NOR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS MAKE ANY REPRESENTATIONS AS TO THE SUITABILITY OF OUR SERVICE, THE INFORMATION OR THE CONTENT FOR ANY PURPOSE. QUOTEMEDIA, TSX AND ITS UNDERLYING INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AVAILABILITY AND ACCURACY WITH RESPECT TO OUR SERVICE, THE INFORMATION AND THE CONTENT. IN NO EVENT SHALL QUOTEMEDIA, TSX OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO OUR SERVICE, THE INFORMATION OR THE CONTENT, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT A COURT SHOULD HOLD THAT THE LIMITATIONS OF LIABILITIES OR REMEDIES AVAILABLE AS SET FORTH IN THIS AGREEMENT, OR ANY PORTIONS THEREOF, ARE UNENFORCEABLE FOR ANY REASON, OR THAT ANY OF MY REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE, YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES SHALL THE TOTAL, AGGREGATE LIABILITY OF QUOTEMEDIA, TSX AND ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS OR ANY PARTY CLAIMING BY OR THROUGH YOU FOR ANY CAUSE WHATSOEVER EXCEED $10 (U.S.), REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, STATUTE, TORT OR OTHERWISE. BECAUSE SOME JURISDICTIONS PROHIBIT THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE LIMITATION OF LIABILITY ONLY WITH RESPECT TO CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY. IN SUCH JURISDICTIONS, THE RESPECTIVE LIABILITY OF QUOTEMEDIA, TSX AND ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS AND AGENTS IS LIMITED TO THE GREATEST EXTENT ALLOWABLE UNDER APPLICABLE LAW. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD QUOTEMEDIA, TSX OR ANY OF ITS UNDERLYING INFORMATION PROVIDERS AND SERVICE PROVIDERS RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES (INCLUDING THOSE CONTRACTED TO OPERATE VARIOUS AREAS ON THE SERVICE) IN CONNECTION WITH OUR SERVICE, THE INFORMATION OR THE CONTENT. ANY WARRANTIES THAT BY LAW SURVIVE THE FOREGOING DISCLAIMERS SHALL TERMINATE ONE (1) DAY FROM THE DATE OUR SERVICE IS USED BY YOU.
- You agree that neither QuoteMedia nor TSX nor Information Providers shall have any liability, contingent or otherwise, for the truth, accuracy, completeness, timeliness, interruptions, omissions or correct sequencing of the Content or Information on Our Service, or for any decision made or action taken by you in reliance upon or interpretation of the Content or Information on Our Service. In no event shall QuoteMedia, TSX or Information Providers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with (1) the use of Our Service, Content, or Information; (2) the delay, interruption or inability to use any aspect of Our Service, Content or Information; (3) any Content or Information obtained through Our Service; or (4) otherwise arising out of the use of Our Service, Content, or Information, whether based on contract, tort, strict liability or otherwise, even if QuoteMedia, TSX or Information Providers have been advised of the possibility of damages.
- QuoteMedia does not guarantee the accuracy of the information and data supplied by Information Providers. QuoteMedia is not responsible for the quality or reliability of this information. You acknowledge that commentary, analysis or similar materials may contain forward-looking statements and that any Content, Information, software, or tools may not account for or reflect fluctuations in interest rates or other economic conditions and changes.
- Our Service, Content, and Information provided by QuoteMedia, TSX and Information Providers, and the manner of their provision, individually or as a whole, are all protected pursuant to patent, copyright laws, international treaties or conventions and other laws, and shall remain the exclusive property of QuoteMedia, TSX or Information Providers as the case may be. You are not being granted a license under any copyright, trademark, patent or other intellectual property right in Our Service, Content or Information. QuoteMedia, TSX and Information Providers retain all such rights of ownership.
- You may display Our Service, Content and Information from one (1) location at a time, on one (1) display device at a time, keeping all copyright and other notices on Our Service, Content and Information.
- Subject to the provisions relating to Professional Users in Section G herein, Our Service is provided exclusively for your personal, non-professional and non-commercial access and use. You agree not to modify, copy, publish, transmit, upload, post, broadcast, license, relicense, participate in the transfer or sale of, reproduce, create derivative works from, decompile, reverse engineer, disassemble, distribute, redistribute, perform, display or in any way exploit Our Service, Content and Information or any feature thereof.
- You will not use Our Service, Content or Information for any purpose that is unlawful, violates the rights of any third party, or which is otherwise prohibited by this Agreement. You will not transmit through Our Service any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable and which encourages conduct that would constitute a criminal offense or give rise to civil or criminal liability.
- The Dow Jones Indexessm are proprietary to CME Group Index Services LLC ("CME Indexes") and/or its licensors, and have been licensed for use. All content of the Dow Jones Indexessm © 2010 is proprietary to CME Indexes. "Dow Jones®", "Dow Jones Industrial Averagesm", "DJIAsm" and "Dow Jones Indexes" are service marks of Dow Jones Trademark Holdings, LLC. You agree that as a condition of your continued receipt of index data originating from CME Indexes or any of its affiliates or agents, you shall not issue, create or sponsor any financial instruments or investment products (including, without limitation, derivatives, structured products, investment funds or exchange-traded funds) 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 CME Indexes or a proxy for such index, without a separate written agreement with CME Indexes for such purpose.
- Lipper Data is Copyright 2010 © Reuters. All rights reserved. Any copying, republication or redistribution of Information, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Lipper. Lipper shall not be liable for any errors or delays in the Lipper Data, or for any actions taken in reliance thereon.
- S&P Information and S&P Services are Copyright © 2010 , Standard & Poor's, a division of The McGraw-Hill Companies, Inc. Standard & Poor's including its subsidiary corporations ("S&P") is a division of The McGraw Hill Companies, Inc. Reproduction of S&P Information and S&P Services in any form is prohibited except with the prior written permission of S&P. Because of the possibility of human or mechanical error by S&P's sources, S&P or others, S&P does not guarantee the accuracy, adequacy, completeness or availability of any information and is not responsible for any errors or omissions or for the results obtained from the use of such information. S&P GIVES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. In no event shall S&P be liable for any indirect, special or consequential damages in connection with subscriber's or others' use of S&P Information and S&P Services.
- Zacks Data is Copyright (c) 1978-2010 by ZACKS Investment Research, Inc ("ZACKS"). The information, data, analyses and opinions contained herein (1) includes the confidential and proprietary information of ZACKS, (2) may not be copied or redistributed, for any purpose, (3) does not constitute investment advice offered by ZACKS, (4) are provided solely for informational purposes, and (5) are not warranted or represented to be correct, complete, accurate or timely. ZACKS shall not be responsible for investment decisions, damages or other losses resulting from, or related to, use of this information, data, analyses or opinions. Past performance is no guarantee of future performance. ZACKS is not affiliated with QuoteMedia. www.zacks.com
- Nikkei indices copyright © Nikkei Inc. All rights reserved. Nikkei shall not be liable for any errors or delays in the Nikkei indices, or for any actions taken in reliance thereon.
- Market information and data provided by TSX or its Related Parties is Copyright © 2010 TSX Inc. or its Related Parties (as applicable). All Rights Reserved. Reproduction or redistribution of market information or other data provided by TSX or its Related Parties is prohibited except with the prior written permission of TSX. All market information and other data provided by TSX or TSX's Related Parties is for informational purposes only, and is not intended for trading purposes. TSX and its Related Parties do not guarantee the sequence, accuracy, or completeness of any market information or other data provided by TSX or its Related Parties, and is not liable or responsible in any way for any delays, inaccuracies, or errors in any market information or other data or in the transmission of any market information or other data. You agree not to rely upon the market information or other data displayed for any trading, business or financial purpose and TSX and its Related Parties and information providers are not liable or responsible in any way for any damages, losses or costs arising from or related to your use or reliance on this information or incurred as a result of the non-performance, interruption or termination for any reason whatsoever of the market information or other data.
TSX, ITS RELATED PARTIES AND INFORMATION PROVIDERS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE DATA OR INFORMATION OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE ANY DATA OR INFORMATION PROVIDED BY TSX OR A RELATED PARTY, OR ANY OTHER CAUSE; AND EVEN IF CAUSED BY TSX'S OR ITS RELATED PARTIES' OR INFORMATION PROVIDERS' NEGLIGENCE, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
- QuoteMedia reserves the right at any time, in its discretion and without prior notice to you, to change, revise, modify, add, upgrade, remove or discontinue Our Service, Content or Information, in whole or in part. QuoteMedia may also impose limitations or restrictions upon and may revoke your access to and your use of Our Service, Content or Information, in whole or in part, without prior notice.
- Our Service may include hyperlinks to third-party Web sites owned or operated by parties other than QuoteMedia. QuoteMedia, TSX and Information Providers are not responsible for the content or availability of such third-party Web sites. Inclusion of a hyperlink does not imply any recommendation or endorsement of the material or content on such third-party Web sites, nor any association with their operators. Under no circumstances will QuoteMedia, TSX, or Information Providers be responsible or liable, directly or indirectly, for any loss, cost, judgment, penalty, claim, action, damage, expense or attorneys' fees caused or alleged to have been caused in connection with the use or reliance on any content, goods or services available on such third-party Web sites.
- The QuoteMedia, TSX or Information Providers' company names and logos and all related product and service names, design marks and slogans are the property of the respective company or its affiliates. You are not authorized to use any such name or mark in any advertising, publicity or any other commercial manner.
- If, in their judgment, QuoteMedia, TSX, or Information Providers determines that you have misappropriated or misused Information or Content or otherwise breached this Agreement, QuoteMedia may terminate this Agreement and discontinue providing Information or Content to you. Information Providers may enforce this Agreement against you, and may also take action against any person that obtains such Information or Content, by legal proceeding or otherwise. You shall pay the reasonable attorney's fees that QuoteMedia, TSX or any Information Provider incurs in enforcing this Agreement against you.
E. Billing Terms
The following terms relating to billing, cancellation of Our Service, and billing assistance will apply:
- Our Service is billed either Monthly or Annually on a nonrefundable and nontransferable basis.
- Clients must notify QuoteMedia by 6:00 pm ET on the last business day prior to the month end in which they wish to discontinue Our Service. Notification must be sent to prior to the month end or Our Service will automatically renew for another period with all fees due and payable.
- Cancellation of Our Service can be affected by sending an email with the relevant account information to , or you may cancel your account through the "Cancel Account" tab in the "Accounts" section of Our Service. An email receipt response will be sent to you confirming cancellation of your service. No partial month refunds for Our Service will be given.
- Any changes in your contact information, including address, phone and email, must be sent to QuoteMedia within 15 days of any change in order to comply with Exchange regulations.
- All billing assistance will be conducted by email. The Customer Service Center is open business days Monday-Friday. Closed Weekends.
- If billing assistance is required, email with an explanation regarding your enquiry.
- If you are being billed for Our Service on an Annual basis, then the following refund policy applies:
- if you terminate your account in the first 3 months of use, you will receive a 60% refund of your total fee (this includes unused fees for real-time data packages);
- if you terminate your account in the second 3 months of use, you will receive a 40% refund of your total fee;
- if you terminate your account in the third 3 months of use, you will receive a 10% refund of your total fee;
- if you terminate your account in the last 3 months of use, you will not be entitled to receive any refund.
F. Technical/Product Support
All Technical/Product Support will be conducted by email. The Customer Service Center will be open business days Monday-Friday. Closed Weekends. If technical assistance is required, go to our web page, which is located at http://quotemedia.supportclient.com and register the problem with our online customer service support system.
G. Additional Terms for Professional Users
The following terms in this Section G only apply to Professional Users of Our Service. These terms apply in addition to the rest of the terms set out in this Agreement. In the event of conflict between the terms contained in this Section and those contained in the rest of this Agreement, the terms contained in this Section shall govern with respect to Professional Users of Our Service.
You are a Professional User if you meet any one of the following criteria:
- You use the information in connection with any trading or any business activities (such as customer service, financial planning, etc.) and not for personal investment purposes only.
- You are subscribing on behalf of a firm, corporation, partnership, trust or association.
- You are a securities broker-dealer, registered representative, investment advisor, investment banker, futures commission merchant, commodities introducing broker or commodity trading advisor, money manager, member of the Securities Exchange or Association or Futures Contract market, or any owner, partner or associated person of the foregoing.
- You are employed by a bank or an insurance company or an affiliate of either performing functions related to securities or commodity futures investment or trading activity.
- You otherwise meet the definition of a professional user, as defined from time to time by any Exchange or other Information Provider from whom you are receiving Information.
The following terms relating to billing, cancellation of Our Service, and billing assistance will apply:
- Our Service is billed monthly on a nonrefundable and nontransferable basis.
- Generally, exchange fees are billed on a monthly basis directly from the Information Providers (exchanges). There are some exceptions, however (such as NASDAQ, Pink Sheets, CME, NYMEX, COMEX and CBOT ), which are billed by QuoteMedia.
- Our Service and Exchange fees do not carry any partial month refunds.
- Clients must notify QuoteMedia by the last business day prior to the month end in which they wish to discontinue Our Service. Notification must be sent to prior to month end or the service will automatically renew for another period with all fees due and payable. An email receipt response will be sent to you confirming cancellation of your service. Exchange fees are refundable for full months paid in advance if the service is cancelled-no partial month refunds for exchange fees or service fees.
- Address Changes must be sent to QuoteMedia within 15 days of any change.
H. Termination of Service by QuoteMedia
Notwithstanding any provision in this Agreement, QuoteMedia reserves, in our sole discretion, the right to terminate Our Service or cancel any portion of Our Service to you at any time, without notice, and without cause.
- You agree that no joint venture, partnership, employment or agency relationship exists between yourself and QuoteMedia as a result of this Agreement or use of Our Service.
- If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement shall continue in effect.
- This Agreement constitutes the entire agreement between you and QuoteMedia with respect to your account, Our Service, Content and Information; and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and QuoteMedia with respect to your account, Our Service, Content and Information; provided, however, that any and all other agreements between you and QuoteMedia and its subsidiaries or affiliates, will remain in full force and effect.
- A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent, and subject to the same conditions, as other business documents and records originally generated and maintained in printed form.
- This Agreement will be binding upon and inure to the benefit of the parties, their respective heirs, personal representatives, successors and assigns.
- This Agreement will be governed by and construed in accordance with the laws of the State of Arizona. You hereby consent to the exclusive jurisdiction of the courts of the State of Arizona for the purpose of any action or proceeding brought in connection with this Agreement.
J. Delay Times for Delayed Market Data
This list presents all covered exchanges for which QuoteMedia, Inc. offers delayed market data and their respective minimum delay times.
|Dow Jones Index
|OTC Bulletin Board Market
|OPRA (US Options Exchange)
|TSX (Toronto Stock Exchange)
|TSXV (Toronto Venture Stock Exchange)
|Montreal Exchange (MX)
|CBOT (Chicago Board of Trade)
|CME (Chicago Mercantile Exchange)
|NYMEX (New York Mercantile Exchange)
|COMEX (New York Mercantile Exchange - Comex Division)
|Foreign Currency Exchange Rates (FRXL)
|London Stock Exchange
Last revision date: November 3, 2010
COLLECTION AND USE OF YOUR INFORMATION
In general, Our Service automatically gathers certain usage information, such as numbers and frequency of users of Our Service and the portions used. This information is gathered in such as way that no personally-identifiable information is gathered as a result. Results are aggregated so that no individual user can be identified or analyzed through the usage information we gather. We sometimes make such statistical information available to others, as long as we don't identify you personally.
Our Service's registration forms require personal information such as contact information (such as name and email address), demographic information (such as postal code, age, and income level) and, in some cases, financial information (such as your credit card number). Your personal information shall remain in the possession of QuoteMedia at all times. We take appropriate measures to secure both your information and our premises. We exercise great care in the transfer of information from your PC to our servers located in Canada and the United States. Our credit card secure sever software encrypts information, ensuring that all Internet credit card transactions remain private.
From time to time, QuoteMedia may send to you announcements related directly to your use of Our Service. To stop receiving such announcements, users can email and type "Unsubscribe" in the subject line.
LINKS TO OTHER SITES AND PRIVACY
Users may find advertising or other content on Our Service that link to a site or services of our partners, suppliers, advertisers, sponsors, licensors, and other third parties. In many cases, the links represent cooperative projects or are mutual links established with persons or entities connected with Our Service. Although we initially visit the sites or services that are so linked, we do not control the contents or links that appear on these sites. In addition, these sites or services, including their contents and links may be constantly changing. These sites and services may have their own privacy policies or no policy at all, as such; we accept no liability for their policies.
QUOTEMEDIA AND TMX GROUP
TMX Group may collect, use and disclose information obtained about you through your use of Our Service such as your name, address, phone number, fax number and e-mail address . TMX Group may collect this information when you subscribe to Our Service. TMX Group may use this information for purposes related to Our Service and to inform you of other products, services and/or events that may be of interest to you. If we wish to use your information for any other purpose, we will obtain your consent before using the information.
TMX Group may store your information (in encrypted form where it believes it to be highly sensitive) in electronic databases or e-mail boxes hosted by it or other information providers, for periods of time and with safeguards that it believes are reasonable depending on the nature and sensitivity of the information. Access to the information is restricted in accordance with TMX Group security protocols.
TMX Group may provide your information to other persons but only if TMX Group: (i) has your consent; (ii) provides the information to its service providers, suppliers or agents who assist in serving you and who have agreed to appropriate contractual provisions regarding the protection of personal information in accordance with applicable law; or (iii) is required to do so by law, regulation or court order.
TMX Group may send your information outside of the country for the purposes set out herein, including for process and storage by service providers in connection with such purposes, and you should note that while such information is out of the country, it is subject to the laws of the country in which it is held, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country.
You have the option to refuse or withdraw consent to the collection, use and disclosure of your information by TMX Group. If you wish to exercise this option or if you have any questions or enquiries with respect to our privacy policies or procedures, please send a written request to: Chief Privacy Officer, TMX Group, The Exchange Tower, 130 King Street West, Toronto, Canada, M5X 1J2. TMX Group will investigate and respond to your concerns about any aspect of its handling of your information.
RELEASE OF INFORMATION
Except as set out herein, we will not disclose your personal information to any third party unless we are compelled by law to comply with any valid legal process such as a search warrant, subpoena, statute or court order or, in our sole discretion, whenever we believe an emergency, illegal activity or some other reasonable basis exists for notifying or providing such information to the appropriate authorities.
ACCEPTANCE OF THESE TERMS