StockFetcher.com License Agreement
StockFetcher.com delivers and provides a web-based sofware application that allows users to screen for stocks using technical indicators and data including but not limited to stock quotes, sector information and splits. (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 StockFetcher.com via clicking on the "I Agree" 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.
2. PROPRIETARY AND TRADEMARK RIGHTS
Customer acknowledges and agrees that: (a) StockFetcher.com is and shall continue to be the owner of the software delivered as a part of this service; (b) Customer's right to use said 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 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.
StockFetcher.com and other product names are trademarks or registered trademarks of Vestyl Software L.L.C.
3. ACCESS AND INTERFERENCE
StockFetcher contains robot exclusion headers. Much of the information on StockFetcher is updated on a real time basis and is proprietary or is licensed to StockFetcher by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access StockFetcher for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of StockFetcher and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of StockFetcher or any activities conducted on StockFetcher; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to StockFetcher.
4. LIMITATION ON LIABILITY
StockFetcher.com does not warrant or guarantee the accuracy of its charts, screening, and technical analysis. 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. StockFetcher.com advises that customers always consult a stock broker or other authorized financial advisor or representative to verify the validity of any trading approaches before making any investments or other financial decisions.
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
STOCKFETCHER.COM'S LIABILITY REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT AGAINST STOCKFETCHER.COM, AND THE FOREGOING SHALL CONSTITUTE STOCKFETCHER.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 STOCKFETCHER.COM INCUR OR EXPERIENCE ON ACCOUNT OF ENTERING INTO OR RELYING ON THIS AGREEMENT, EVEN IF STOCKFETCHER.COM OR CUSTOMER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
STOCKFETCHER.COM'S TECHNOLOGY FOR TECHNICAL STOCK SCREEN DOES NOT GUARANTEE OR PREDICT FUTURE PERFORMANCE. STOCKFETCHER SHOULD ONLY BE USED AS A RESOURCE FOR SEARCHING STOCKS WITH CERTAIN TECHNICAL ATTRIBUTES.
5. 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 StockFetcher.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 StockFetcher.com immediately of any loss, theft, or unauthorized use of their userid, password, or account number.
8. APPLICABLE LAW AND VENUE
This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Virginia, except with regards to its rules regarding choice of law. Each party irrevocably consents to the jurisdiction of the courts of the State of Virginia and the federal courts situated in the State of Virginia, 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.
9. CUSTOMER INFORMATION
The name, address and payment information that the customer provides as a part of the subscription to any StockFetcher.com services provided on this website will not be disclosed by StockFetcher.com except as permitted by these terms and conditions. Customer agrees that StockFetcher.com may share with other parties non-personal aggregate information, individual information and locator information gathered by StockFetcher.com in the course of customer's use of the StockFetcher.com service.
10. MODIFICATION TO TERMS
StockFetcher.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 StockFetcher.com 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 StockFetcher.com to use their 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.
Technical stock screening provided by StockFetcher should be used informational purposes only. StockFetcher is not an investment advisory service. The information and data provided via StockFetcher is for entertainment and learning purposes only and does not come with a warranty of any kind.
Neither StockFetcher.com nor any of its data or content providers shall be liable for any errors in the content, or for any actions taken in reliance thereon. By accessing the StockFetcher.com site, a member has agreed to the StockFetcher.com Member Agreement.
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