QuoteCenter Terms of Use

Definitions are set out at the end of these Terms.

USE OF THE SERVICE: Equis grants you a world-wide non-exclusive and non-transferable right to access the Service, Software and the Site and to view the Information subject to these Terms. You agree to comply with the Documentation.

You agree that:

1. you will not use the Service in breach of these Terms, any applicable laws, regulations or market conventions;
2. you are a Nonprofessional Subscriber as defined at the end of these Terms, and that you will receive the Information solely for your personal, non-business use.
3. you will be responsible for obtaining and maintaining all necessary consents and licenses and for making all filings necessary to receive or use the Service;
4. you will not transmit, undertake or encourage the following in relation to the Service:  (i) give unauthorised investment advice or financial promotions; or use a false address or name, or (ii) use false details or deceive Equis or other Users.

When Equis provides a Service which is accessed using a password, account name or other identifier (collectively, “Password”), you agree that you will (i) ensure each Password is kept confidential and not shared among individuals, and (ii) notify Equis promptly if you become aware of any Password being used by a person not authorized by you to access that Service.

USE OF SOFTWARE: If Equis provides you with Software or access to Software, you may only use Software in accordance with the instructions, and in connection with the Services. You are granted a non-exclusive, non-transferable right to use any Software provided as part of any Service.

LIMITATIONS ON USE: You may use or access the Information only on a single machine permitting use by a single user with one input terminal. Use by more than one user accessing a single copy of the Information is not authorized.  Your connection activity to the Service will be monitored to ensure compliance with these usage limitations.

The Information may only be reproduced when downloaded and viewed by you for your individual use only. You must not reuse the Information in any other way including redistributing it. You must not allow any third party to use (a) your Security Features or (b) the Service in any manner inconsistent with these Terms. On termination of these Terms, your rights to use the Information and the Service cease.

You may only make one copy of the Software for archive or backup purposes. You must erase or destroy any Software upon termination of these Terms. You may not reverse engineer, decompile, or dissemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease or lend or directly or indirectly transfer the Software to any third party.

DATA PROTECTION/PRIVACY/COMMUNICATIONS: You agree that your details will be used as set out in Privacy Notice(s). If you become aware any data about you or provided by you is inaccurate you must promptly notify us by email at service@reutersdatalink.com.

PROPRIETARY RIGHTS: All intellectual property rights in the Service, Software and the Information, including without limitation copyright and database rights, shall remain the property of Equis or its licensors. You will not remove, conceal, use or amend any copyright, trademark or other proprietary notice incorporated in the Service or in any Software without the owner's prior written consent. You will not acquire any intellectual property rights in the Service, Software or Information and you agree to comply with notices bringing such rights to your attention and all relevant laws relating to such rights. Any infringement of the rights of Equis or its licensors may result in legal action.

THIRD PARTY RIGHTS: You acknowledge that third party information and software providers may have rights in the Information and/or Software which they supply and they or another member of the Reuters group of companies may be a third party beneficiary of these Terms (including, without limitation, any warranty, disclaimer or limitation of liability) with the right to enforce and enjoy the protection of these Terms in their own name. Equis can however change or terminate these Terms without the consent of such third parties. Apart from these provisions and provisions relating to Digital Signatures, a person who is not a party to the agreement formed by these Terms shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

You agree to comply with any reasonable restrictions or conditions imposed on the use and access of Information or Software imposed by the relevant third party provider in order to protect such third party’s legitimate interests. These may be notified to you by Equis or by such third party. If any restriction or conditions imposed after your acceptance of these Terms substantially reduces your ability to use the Service, you may terminate these Terms with effect from (a) the first day of the next Billing Cycle where your Billing Cycle is monthly or (b) where your Billing Cycle is annual, thirty (30) days after Equis notifies you of such restriction or conditions. You may be required to enter into a separate agreement with a third-party in order to receive a Service that contains third-party content or software.

FEES: You will be responsible for the payment of all online charges and for the communication facilities which enable you to access the Service and any other applicable VAT, sales taxes or similar taxes. Equis may adjust or change the basis of calculation of the Fees by giving you notice on or before the commencement of your next Billing Cycle. Such change will be effective on the first day of the next Billing Cycle. Following notice of an increase in the Fees, you may terminate your access to the Service. Termination of your access to the Service will take effect on the first day of the next Billing Cycle.

Equis will use reasonable endeavours to provide reasonable notice of any change to Fees which relate to fees imposed by a third party but you agree that these may change without notice if a change is imposed on Equis by any such third party. Equis shall be entitled to charge you interest at 1% per month or the maximum allowed by law (whichever shall be the lower) on any overdue Fees.

PAYMENT: Payment for the Service can only be made via a credit/debit card or an automated electronic account withdrawal (available for U.S. customers only).  You must subscribe to at least one major data package.

Monthly and annual subscriptions will be billed to your credit card or withdrawn from your account on the first day of each Billing Cycle (monthly or annually) until the Service is cancelled.  Charges for monthly subscriptions are not refundable once billed.  If you cancel an annual subscription before the end of the Billing Cycle, you will receive a pro-rated refund for the unused portion of the subscription.  Charges for annual subscriptions whose Billing Cycle has completed are not refundable.

Exchange fees for receiving real-time data will only be billed monthly, and are non-refundable.  Exchanges reserve the right to change these fees at any time.  Equis also reserves the right to change the Service fees at any time.

SECURITY FEATURES: You agree to keep your Security Features confidential and secure and not to assign, share, sell, barter, transfer, recklessly compromise them or exchange them. If you learn or suspect that a Security Feature has been obtained by another person or been compromised or the security of the Service has been affected, you must promptly notify Equis by using "Contact Us" and/or take any appropriate security measures. You agree to cooperate with Equis reasonable security investigations. Any attempt to access any part of the Site which requires Security Features without the required Security Features and/or payment of the Fees or any attempt to tamper with Security Features is unlawful and a material breach of this Agreement and could result in criminal and/or civil penalties. Equis may change Security Features on notice to you for security reasons.

DURATION: These Terms will take effect from the date on which Equis notifies you that you are permissioned for the Service by sending to an e-mail containing your user id and password.

TERMINATION: Either you or Equis may terminate these Terms at any time during a Billing Cycle. This notice of cancellation will be effective from the first day of the next Billing Cycle.

Equis may terminate or suspend your access to the Site, or a Service or any part, immediately if you are in material breach of any of these Terms and you fail to remedy such breach (if capable of remedy) within 14 days of Equis requesting that you do so. Failure to make payment of the Fees when due constitutes a material breach of these Terms. Equis may terminate or suspend your access to a Service if you cease to meet the published eligibility criteria or if any related Service is ended. Equis may without notice suspend yours or everyone’s access to the Service, for security reasons or where it is reasonable to do so to protect its or another's legitimate interests.

FORM AND CONTENT: Equis retains control over the form and content of the Service. Equis may modify or cancel the Service or part of the Service. Equis shall use reasonable endeavours to give you a minimum of 30 days notice of a material modification or cancellation. However, you recognize that where the modification or cancellation is imposed by a third party information provider, then Equis may be required to give you less notice of a change or modification. If Equis cancels or substantially modifies the Service or part of the Service, you may terminate your access to the Service with effect from (a) the first day of the next Billing Cycle where your Billing Cycle is monthly or (b) where your Billing Cycle is yearly, thirty (30) days after Equis notifies you of such change or modification.

WARRANTY DISCLAIMER: YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER EQUIS, NOR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, NOR ANY THIRD PARTY INFORMATION PROVIDERS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR HAVE 100% UPTIME NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF THE CONTENT OR ANY INFORMATION PROVIDED THROUGH THE SERVICE.

You are reminded that the Internet is publicly accessible and liable to failure and delays and therefore Equis cannot guarantee the arrival of messages over the internet, nor the security of Equis services that use the internet. Equis is not responsible for any third party software being used by you in relation to this Service where Equis does not itself directly provide such third party software to you. Equis is not liable for matters beyond its reasonable control, such as problems with telecommunications networks, computer viruses, unauthorised access or issues related to your security arrangements.

THE SERVICE IS PROVIDED ON AN AS IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR AGAINST INFRINGEMENT, WARRANTIES OF TITLE OR IMPLIED WARRANTIES (BY LAW OR OTHERWISE) OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.

LIMITATION OF LIABILITY: TO THE EXTENT PERMITTED BY THE LAWS APPLICABLE TO THESE TERMS, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LABOR DISPUTE, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR AN AUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF A RECORD, OR ACT OF GOD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.

TO THE EXTENT PERMITTED BY LAWS APPLICABLE TO THESE TERMS, IN NO EVENT SHALL EQUIS OR ANY OF ITS AFFILIATES, AGENTS OR THIRD PARTY INFORMATION PROVIDERS BE LIABLE FOR:

1. ANY DAMAGES INCURRED BY YOU OR ANY THIRD PARTY INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF YOUR DATA, ECONOMIC LOSS OR LOST PROFITS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE UNLESS CAUSED BY EQUIS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT (IN WHICH CASE THE LIABILITY SHALL NOT EXCEED 12 MONTH’S SERVICE FEES OR IF THE SERVICE IS FREE OF CHARGE $1000 IN TOTAL FOR EACH SERIES OF CONNECTED EVENTS OR $2000 IN ANY 12 MONTHS); OR
2. ANY LOSS WHICH IS NOT REASONABLY FORESEEABLE HOWSOEVER CAUSED.

EVALUATION PERIODS: In some circumstances Equis may make the Service or any part available to you on an evaluation or pilot basis. In these circumstances, Equis specifically alerts you to the fact that outages may occur, content changes may occur and/or navigation may be discontinued. Equis does not guarantee that a final Service based on the evaluation Service will be released or that it will be the same or similar to the evaluation or pilot Service.

DOWNLOADS: YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR COMPUTER ENVIRONMENT IS PROPERLY PREPARED TO RECEIVE ANY DOWNLOAD OF SOFTWARE FROM THE SITE. EQUIS DOES NOT GUARANTEE THAT ANY SOFTWARE WILL PERFORM SATISFACTORILY WITH ANY HARDWARE OR SOFTWARE USED BY YOU. YOU AGREE THAT EQUIS WILL NOT BE RESPONSIBLE FOR ANY REDUCED PERFORMANCE OF ANY SERVICE OR LOSS (INCLUDING LOSS OF DATA) OR DAMAGE WHICH IS DUE TO YOUR ADDING TO OR ACCESSING ANY SOFTWARE DOWNLOADED FROM THE SITE IN CONJUNCTION WITH ANY SYSTEM, SOFTWARE, DATA OR EQUIPMENT.

YOU WARRANT AND REPRESENT THAT (A) IN ACCESSING AND USING THE SERVICE YOU ARE DOING SO ONLY FOR YOUR PERSONAL, NON-COMMERCIAL USE AND WILL NOT COPY, MODIFY, ADAPT, PUBLISH, RETRANSMIT, REDISTRIBUTE, LEND, SELL, SUBLICENSE, OR OTHERWISE USE OR TRANSFER THE INFORMATION EXCEPT AS OTHERWISE PERMITTED IN THESE TERMS, (B) YOU WILL NOT USE ANY INFORMATION CONTAINED IN THE SERVICE IN CONNECTION WITH ANY BUSINESS OR COMMERCIAL ENTERPRISE, INCLUDING WITHOUT LIMITATION, ANY SECURITIES, INVESTMENT, ACCOUNTING, BANKING, LEGAL OR MEDIA BUSINESS OR ENTERPRISE AND (C) THE DETAILS/INFORMATION PROVIDED BY YOU TO EQUIS OR ITS AGENTS ARE AND WILL CONTINUE TO BE ACCURATE AND YOU HAVE THE RIGHTS TO PROVIDE SUCH INFORMATION.

YOU INDEMNIFY EQUIS FOR ANY LOSSES, COSTS, CLAIMS OR EXPENSES IT SUFFERS AS A RESULT OF YOUR BREACH OF THESE TERMS OR AS A RESULT OF YOUR TRADING OR YOUR OTHER ACTIVITY VIA THE SERVICE.

HYPERLINKS: You may, through hypertext or other computer "links", gain access to other sites which are not part of this Site. Equis assumes no responsibility or liability for any material outside of the Site which may be accessed through any such "link". The provision by Equis of a link to another site does not constitute an authorization by Equis to access materials at that site or an endorsement by Equis of any such material.

GOVERNING LAW AND JURISDICTION: THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF STATE OF NEW YORK. BOTH PARTIES CONSENT TO THE NON-EXCLUSIVE JURISDICTION OF ANY STATE OR FEDERAL COURT SITTING IN THE STATE OF NEW YORK, AND OF ANY COURT TO WHICH AN APPEAL THEREFROM MAY BE TAKEN.

EXPORT: You agree to fully comply with all applicable laws and export regulations. Permanent or temporary residents of the following embargoed countries are not entitled to register for or access the Service: Cuba; Iran; Iraq; Libya; North Korea; Sudan and Syria. Equis may terminate these Terms with immediate effect if you breach these provisions.

GENERAL: (a) To the extent permitted by laws applicable to these Terms, these Terms, the Documentation and any statements in respect of test or evaluation periods represent the final, entire and exclusive agreement between you and Equis relating to the Service and supersede all other prior agreements or understandings relating to the Service. (b) Delay or failure by either party in enforcing these Terms at any time will not constitute a waiver by that party of its rights or remedies. (c) Equis may modify any of these Terms at any time by notifying you of any changes by email. Any such changes will be effective from 24 hours after emailing by Equis. You may terminate these Terms by notice to Equis if the modification results in a substantial change to your ability to use the Service with effect from (i) the first day of the next Billing Cycle where your Billing Cycle is monthly or (ii) where your Billing Cycle is annual, thirty (30) days after Equis notifies you of such modification. (d) If any part of these Terms is held to be invalid or unenforceable, the validity or enforceability of the remainder will not be affected. (e) You may not assign any of your rights and obligations under these Terms or any part of it and any assignment made by you shall be ineffective. You agree that Equis may assign any or all of its rights and obligations to a member of the Reuters group of companies with your consent not to be unreasonably withheld. You are deemed to have consented to the assignment if you do not notify us to the contrary within 30 days of our notice to you. (f) Any e-mail which Equis sends you in respect of the Service shall be deemed effective within 24 hours.

INFORMATION AND SUPPORT: Equis provides certain information and support in respect of the Service as detailed in this section. You may notify Equis of your support questions or other comments and Equis shall respond as soon as is reasonably practicable.

DEFINITIONS:

Billing Cycle means each monthly or annual period commencing on the date Equis accepts your registration details and sends you an email containing your user id and password.

Documentation means any specific rules, code of conduct, Rule Books, Certificate Policies or Certificate Practice Statements or similar documentation Equis issues in relation to the Service.

Fees means the fees charged by Equis from time to time for the supply of the Service.

Information means all and any information and other content, whether static or changing, which is provided by Equis as part of the Service.

Equis means Equis International, a Reuters company, whose principal place of business is at 90 South 400 West, Suite 620, Salt Lake City, UT 84101, USA.

Nonprofessional Subscriber means any person who is not: (i) registered or qualified with the Securities and Exchange Commission, the Commodities Futures Trading Commission, any state securities agency, any securities exchange or association, or any commodities or futures contract market or association; (ii) engaged as an investment advisor; nor (iii) employed by a bank or other organization exempt from registration under Federal and/or state securities laws to perform functions that would require him or her to be so registered or qualified if he or she were to perform such functions for an organization not so exempt.

Site means the Service home page and accompanying pages.

Service means MetaStock QuoteCenter, including the Information in the Service and any Security Features.

Security Features means any passwords, PIN key, smartcard, physical token or similar or related data or feature.

Software means any software provided as part of or in connection with a Service.

Terms means these terms and conditions as may be amended from time to time.

Users means users of the Services.