Terms & Conditions
1. AGREEMENT
Vantagewire.com provides and delivers various software applications powered by
Quotemedia Inc. that display delayed and real-time financial market information
including but not limited to stock quotes, options and futures trading, news and
other company information such as Vantagewire.com e-mail (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 Vantagewire.com via clicking
on the "I Accept" 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.
Customer agrees not to disseminate the data provided by Vantagewire.com for any
external use, including providing Vantagewire.com delivered data to customer's
clients, or to any third parties. Automated query systems are strictly
prohibited. Any use of such systems will result in immediate termination.
Users of Vantagewire.com site and services further agree that they are limited
to a maximum of 1,000 free real-time level I queries per month. Changing your IP
address or signing up for multiple accounts is strictly prohibited and
Vantagewire.com holds the right to terminate users for any reason, at any time,
and to block your account and IP address indefinitely.
Abuse of any of these terms will be prosecuted to the fullest extent of the law.
2. PROPRIETARY AND TRADEMARK RIGHTS
Customer acknowledges and agrees that: (a) Vantagewire.com is and shall continue
to be the absolute owner of the software and data delivered as a part of this
service; (b) Customer's right to use said data and 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 and data 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.
Vantagewire.com and other product names are trademarks of Vantage Communications
Ltd.
Customer hereby acknowledges that the market data information provided is the
property of the various exchanges and other information providers and therefore
subject to modifications from the sources and controlled by all copyright and
other interests maintained by the data sources.
3. LIMITATION ON LIABILITY
The market data and information provided with Vantagewire.com's services is
believed to be reliable and Vantagewire.com agrees to run reasonable control
checks thereon to verify that the data transmitted by Vantagewire.com is the
same as the data received from the various Exchanges and other information
sources. However, Vantagewire.com does not warrant or guarantee 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 or for any delays or interruptions of the data or information stream
from whatever cause. Vantagewire.com advises that customers always consult a
stock broker or other authorized financial advisor or representative to verify
the accuracy of the stock prices before making any investments or other
financial decisions. This Agreement does not violate any agency requirements and
Vantagewire.com has the right to enter into this agreement from its information
providers.
Vantagewire.com shall not be responsible for, nor be in default under this
agreement due to delays or failure of performance resulting from Internet
Service Provider delivery problems or failure, or any communication or delivery
problems associated with customer's receipt of the data or services including
Vantagewire.com e-mail services. Furthermore, Vantagewire.com shall not be
responsible for nor in default due to acts or causes beyond its control,
including but not limited to: acts of God, strikes, lockouts, communications
line or equipment failures, power failures, earthquakes, or other disasters.
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 VANTAGEWIRE.COM'S LIABILITY REGARDLESS OF THE
FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT AGAINST
VANTAGEWIRE.COM, AND THE FOREGOING SHALL CONSTITUTE VANTAGEWIRE.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 VANTAGEWIRE.COM INCUR OR EXPERIENCE ON ACCOUNT OF ENTERING INTO OR RELYING ON
THIS AGREEMENT, EVEN IF VANTAGEWIRE.COM OR CUSTOMER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
4. 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.
5. INDEMNIFICATION
The customer agrees to indemnify Vantagewire.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.
6. PASSWORDS
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 Vantagewire.com immediately of any loss, theft, or unauthorized use of
their userid, password, or account number.
7. USER MESSAGING SERVICE TERMS OF USE
MESSAGING SERVICE - Vantagewire.com and/or third parties may, from time to time,
send email messages to Users containing advertisements, promotions, etc.
Vantagewire.com does not, and will not, make any representation or warranty with
respect to the content of any such email messages or any goods or services which
may be obtained from such third parties. By executing an Agreement with
Vantagewire.com the User acknowledges and accepts to these terms.
8. APPLICABLE LAW AND VENUE
This Agreement shall be interpreted, construed and enforced in all respects in
accordance with the laws of the Province of British Columbia, except with
regards to its rules regarding choice of law. Each party irrevocably consents to
the jurisdiction of the courts of the Province of British Columbia and the
federal courts situated in the Province of British Columbia, 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 Vantagewire.com services provided on this website
will not be disclosed by Vantagewire.com except as permitted by these terms and
conditions. Customer agrees that Vantagewire.com may share with other parties
non-personal aggregate information, individual information and locator
information gathered by Vantagewire.com in the course of customer's use of the
Vantagewire.com service.
10. MODIFICATION TO TERMS
Vantagewire.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
Vantagewire.com delivered data and 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 Vantagewire.com, a division of Vantage Communications Ltd. to use their
market data 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.
