Registered User Agreement
1. PARTIES AND REGISTRATION
“ILLC” means Intelagy LLC, of 623 Fifth Avenue, Suite 24B, New York, NY 10022, USA, its subsidiary companies and associated companies and its agents and employees. “You” means the person specified as the user in the registration form. The details provided by you on the registration form are important. You must ensure they are correct and complete and inform us of any changes. “Services” means the entire content of this website, including any facilities, applications and Information (as defined below).
2. PAYMENT ACCESS TO ILLC
Access to ILLC‘s basic Services is free. Some services could be available for which payment might be required. ILLC will notify you in all cases if the service you are trying to access is not free and give you the opportunity to choose to pay for the service. You agree to pay any fee for any of the upcoming premium services that you use which are not free of charge. Where you have chosen to make payment by credit or debit card, the fees are payable in advance by way of monthly or annual subscription and are non-refundable except if ILLC gives you notice to terminate without cause.
3. COPYRIGHT AND YOUR RIGHTS
Copyright and all other intellectual property rights subsisting in the database accessible via the Services and each and every piece of information provided through the Services (the “Information”) is owned by ILLC or the providers of such information (“Data Providers”). Reproduction of part or all of the contents in any form is prohibited. No part of the ILLC Web pages may be reproduced on or transmitted to or stored by any other Web site or other form of electronic retrieval system by any person or entity that operates any such Web site or electronic retrieval system.
4. USER NAME AND PASSWORD
You are responsible for all use of the Services made using your username and password, whether or not the use is made by you or someone else using your username and password. You are responsible for protecting and securing your username and password from unauthorized use. If you believe there has been a breach of security of your username you should notify ILLC. ILLC, at its absolute discretion, reserves the right to refuse a user permission to use any particular user name and/or password. It is not permitted to impersonate or to attempt to impersonate another user or to make use of or attempt to make use of another user’s user name or password and any such actions may result in legal action, including criminal prosecution.
5. YOUR INFORMATION
6. AVAILABILITY OF INFORMATION
ILLC reserves the right to change the content, presentation, performance, user facilities and availability of any part of the Services at its sole discretion. It is your responsibility to refer to the changes. They may, at ILLC‘s absolute discretion come into effect immediately on posting. ILLC does not warrant any connection, transmission over, security of or results from the use of any network connection or facilities provided (or omitted to be provided) in connection with the Services.
If, in our sole discretion, we consider that your use of the Services may detrimentally affect another user and/or our ability to provide the Services and/or our commercial interests, we may limit the number of data requests available to you. Moreover, we may at our sole discretion suspend or terminate your ability to access the Services. We will only do so if it is reasonable in all the circumstances. We will always endeavor to act fairly and reasonably when exercising our discretion in relation to the Services we provide.
7. INVESTMENT WARNING
The Services and the Information are only for your general information and use and are not intended to address your particular requirements. In particular, the Services and Information do not constitute any form of advice or recommendation by ILLC and are not intended to be relied upon by users in making (or refraining from making) any investment decisions. Appropriate independent advice should be obtained before making any such decision. Any arrangement made between you and any third party named in the Services is at your sole risk and responsibility. For your information we would like to draw your attention to the following investment warnings. The price of shares and investments and the income derived from them can go down as well as up, and investors may not get back the amount they invested. Past performance is not necessarily a guide to future performance. Where the Information consists of pricing or performance data, the data contained therein has been obtained from company reports, financial reporting services, periodicals, and other sources believed reliable. Data computations are not guaranteed by ILLC or any of the Data Providers or affiliates and may not be complete.
8. ACCURACY OF INFORMATION
Neither ILLC nor any of its Data Providers or affiliates make any warranties expressed or implied, as to the accuracy, adequacy, quality or fitness for any particular purpose of the Information or the Services 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. ILLC, its employees, Data Providers and affiliates may or may not hold investments in the companies referred to in the Information and Services. You bear all risks from any uses or results of using any Information. You are responsible for validating the integrity of any Information received over the Internet. Neither ILLC nor its Data Providers or affiliates accept liability for any costs, losses or damages resulting from or related to the availability or content of the Services. The Services or any part do not constitute an offer or solicitation to sell investments in any jurisdiction.
You irrevocably indemnify ILLC and its Data Providers and affiliates from and against any and all losses, damages and costs suffered or incurred by ILLC, any Data Providers or affiliates of whatsoever nature arising out of or in connection with your use, provision or distribution of Information or any part or the Services or any part or otherwise howsoever arising in relation to any breach of this Agreement by you.
10. INFORMATION POSTED BY YOU
You may post information on the Service (i.e. on the bulletin boards) or make it available to other users by e-mail only where and as permitted by ILLC from time to time. Moreover, you may only use the website and Services at ILLC‘s sole discretion and ILLC may at any time decide to terminate your registered user account, or else withdraw your access to some or all of the website and Services, immediately and without notice to you. ILLC does not monitor, approve, endorse or exert editorial control over information posted by users and does not therefore accept responsibility for or make any warranties in connection with or recommend that you or any third party rely on such information. You agree to not post (or transmit) (i) any information which in ILLC‘s sole opinion is objectionable including, without limit, information which is defamatory, obscene, threatening, untrue or in breach of any applicable laws, rules, regulations or market conventions (including, without limit, financial services regulations), (ii) any information which is in breach of any person’s rights (including without limit, copyright and confidentiality), (iii) any information or software which contains a virus, cancelbot, Trojan horse, worm or is otherwise harmful or (iv) any information which (in ILLC‘s sole opinion) constitutes advertising or (v) any information outside the area designated for posting or (vi) any information or comment which (in ILLC‘s sole opinion) is deemed harmful to ILLC or ILLC‘s commercial interests. ILLC reserves the right to remove any such information from the Services without warning and to inform and give assistance to the relevant bodies in respect of any transgressions.
11. HYPERTEXT LINKS
ILLC provides hypertext links to sites on the Internet which are operated by other people. Using an external hypertext link means that you may be leaving ILLC‘s site and ILLC therefore takes no responsibility for and gives no warranties, guarantees or representations in respect of linked sites.
Due to the number of sources from which ILLC obtains content and the nature of electronic distribution via the world wide web neither ILLC nor any of its Data Providers nor affiliates have any liability (whether in contract or tort) for any losses, costs or damages resulting from or related to use of or inability to use any Information contained in the Services or the provision of the Services to the fullest extent to which such liability may be excluded or avoided by law and in no event shall ILLC be liable to you for lost profits or for indirect, incidental, special, punitive or consequential damages arising out of or in relation to the Services or the provision of Information. ILLC makes no warranty that the Service is free from infection by viruses or anything else that has contaminating or destructive properties.
13. CONFLICTS OF INTEREST
Your attention is drawn to the fact that in respect of the Services, we, a connected company or some other person connected with us may have an interest, relationship or arrangement that is material in relation to any Information supplied or could give rise to a conflict of interest and you agree that we shall not be required to disclose it to you. Our employees are required to comply with a policy of independence and disregard any such interest, relationship or arrangement in the course of carrying out their employment.
This agreement will continue unless terminated in accordance with the following provisions.
HOW YOU CAN TERMINATE
If you have a monthly subscription contract, you may terminate it by giving ILLC not less than 30 days written notice prior to your next monthly renewal date.
If you have an annual subscription contract, you may terminate it by giving ILLC not less than 30 days written notice before your next annual renewal date and ILLC may do the same.
In order to terminate, you may notify us by telephone at +1 212 385 9200 or via mail at Intelagy LLC, Subscriptions Department, 623 Fifth Avenue, Suite 24B, New York, NY 10022, USA.
HOW ILLC CAN TERMINATE
ILLC may withdraw the Services from you, immediately and without notice or compensation if you (i) fail to make any payments due to ILLC, (ii) are in breach of any of the terms of this agreement (in particular, clause 11 above), or any generally accepted guidelines on Internet usage and etiquette (such as restrictions on mass mailings and mass advertisements, pirating or copying software, mail bombing or attempts to violate security), (iii) you do or fail to do any act which jeopardizes the continuance of the Services, (iv) if bankruptcy or insolvency proceedings are brought against you, (v) if you do not make any payments under a court judgement or fine, (vi) if you make an arrangement with your creditors or a receiver or administrator is appointed over your assets or (vii) if you become bankrupt. In any such circumstances, ILLC will then be under no further obligation to you.
15. YOUR STATUS
You agree that in entering into this agreement you will at all times be acting as a Private Investor and not in the course of any employment, trade or profession which you may carry on. ILLC reserve the right to retroactively apply professional subscription charges to your account if given sufficient reason to doubt your Private Investor status.
This agreement and any rights of access (password and username) to any Service provided to you may not be assigned, licensed or otherwise transferred by you to any other person without the prior written consent of ILLC. You agree to keep your password confidential.
17. COMPLETE AGREEMENT
These terms and conditions together with the duly completed registration form and payment method instructions, if any, are the whole agreement between you and ILLC. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by ILLC. ILLC may from time to time make changes to these terms and conditions and payment rates which will be set out on ILLC‘s web site not less than 14 days before they are intended to take effect. Unless you inform ILLC by post or e-mail that you object to the proposed changes and wish to terminate your subscription within this 14 day period, you will be deemed to accept the proposed changes.
Any notice from ILLC to you may be delivered by e-mail or post to you at your last known address. Evidence of sending a notice (either electronically or otherwise) shall be taken as evidence of delivery. This agreement shall be governed by USA Law. All disputes arising from or in connection with this agreement shall be subject to the non-exclusive jurisdiction of the USA Courts. If any term of this agreement is held to be illegal or unenforceable the validity and enforceability of the remainder shall continue in full force and effect. The provision in question shall be replaced by a valid and enforceable term which corresponds, so far as possible, with the original. Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy. All disclaimers, indemnities and exclusions in this agreement shall survive termination of this agreement. Neither you nor ILLC shall be held liable for any loss or failure to perform any obligation hereunder due to causes beyond your or their respective reasonable control. This agreement replaces all terms and conditions previously applicable to the provision of the Services or any of them.
19. ACCEPTABLE USAGE POLICY
As a provider of real-time streaming stock market data, ILLC offers its customers the means to acquire said data via its online tools and products.
Customers are not permitted to utilize third party tools, applications or services that connect to, crawl, search, bot or stream from ILLC infrastructure in order to collate datum without the express consent of ILLC.
ILLC reserves the right to take certain preventative or corrective actions against users who abuse the data, products and services provided.
Terms and Conditions Of Access To The Indices
ILLC, at our discretion, provide you with services including, but not restricted to, 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 of Access and elsewhere in our services. These services may be outside our control or provided by a third party in which in case we cannot take responsibility for their content, or for any delays, interruptions or errors in the provisions of these additional services, provided we have exercised reasonable care and diligence in the selection of such providers.
Certain data accessible on our services is the intellectual property of the relevant news and information services provider or third parties that provide such data to the relevant service provider, or us. The data is protected by copyright and other intellectual laws and all ownership rights remain with the information service provider or the third party or us, as the case may be.
You may only use the data retrieved from our services for your own personal and non-commercial purposes while accessing our services. Such use will be in accordance with these Terms and Conditions of Access 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. You may not store the data for the purposes of creating a historical database or historical data product. You may not use any of the data in connection with the issuance, trading, marketing or promotion of investment products (e.g., derivatives, structured products, investment funds, investment portfolios, etc. where the price, return and/or performance of the investment product is based on or related to the data) without a separate written agreement with us, the information service provider or third party, as the case may be, that has ownership rights to the data.
The data is provided “as is”. We, any information service provider 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. Nor shall we, any information service provider or any third party 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 we, any information service provider, nor any third party 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.
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 we, any information service provider, nor any third party will be liable to you or any third party for any losses arising from such delay.
In no event will we, any information provider, or third party be liable for any consequential loss including but not limited to special, incidental, direct or indirect damages resulting from delay or loss of use of our services. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of our services.
20. ELECTRONIC COMMUNICATION
By using this website you consent to receive Commercial Electronic Messages (CEM) from ILLC. These include all forms of electronic messages such as emails or text messages.