SaneBull Terms and Conditions Use
Subject to these Terms and Conditions of Use ("Agreement"), SaneBull (as defined hereunder) makes available online Products (SaneBull Market Monitor, SaneBull Market Widgets and Plugins, SaneBull Video Portal, SaneBull Paid Services), collectively referred to as "Our Service", on various websites to authorized users ("you" or "your") by virtue of your accessing Our Service. Our Service delivers information, data, news, reports, programs, video, audio, other content and Services ("Content").
For the purposes of this Agreement, "SaneBull" shall mean SaneBull LLC, Inc. and Other Parties.
Additionally, for the purposes of this Agreement, "Related Parties" shall mean SaneBull LLC, Inc.'s, and its Affiliates' and Other Parties' respective Officers, Directors and Employees.
A. Scope this Agreement and Amendments
SaneBull 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. SaneBull will post such amendments, changes or modifications http://www.sanebull.com/Public/content/privacy.aspx.
Your 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.SaneBull may justifiably rely upon such continued use of Our Service as evidence of the acceptance of any such amendments, changes or modifications. SaneBull 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 document. 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://www.sanebull.com/Public/content/privacy.aspx or sending same via email. You will not contest the admissibility or enforceability of SaneBull's copy of the documents in any proceeding arising out of this Agreement.
Any access or use of Our Service or any other Service offered by SaneBull, its affiliates or non-affiliated companies through SaneBull, constitutes your unconditional acknowledgment 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 SaneBull, its successors and assigns. The Agreement shall be binding on you as the user of Our Service.
B. About SaneBull, Inc.
SaneBull develops and markets unique, web-based components that deliver dynamic content to websites, portals, and corporate intranets.
C. SaneBull's Role in Online Trading
SaneBull is not a brokerage or a clearing agent. SaneBull does 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.
D. Information Providers
"Information Providers" refers to third parties who provide financial or investment information, including raw exchange data, analysis, commentary, market data, news or research, or tools ("Information") by or through Our Service.
E. Terms and Conditions of Your Use of Our Service
In consideration of SaneBull providing you with access to Our Service, you understand and agree to the following:
1. You warrant and represent you have the required legal capacity and you are authorized to enter into this Agreement.
2. You are solely responsible for your investment research, and neither SaneBull nor any Information Provider makes any representations, warranties or other guarantees as to the accuracy or timeliness of any price quotes. SaneBull does 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 SaneBull to invest in any security or utilize any investment strategy discussed therein. You understand that all investments involve risk.
3. SaneBull 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 Services. SaneBull 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.
4. SaneBull will maintain adequate procedures to ensure the confidentiality of account information within its possession. All your User ID's and passwords are confidential, and you agree to be fully responsible for your account.
5. SaneBull shall not be liable for loss caused directly or indirectly by any exchange or market ruling, government restriction, or any "force majeure" or any other cause.
6. Our Service and all of the Content and Information are provided "as is" without warranty of any kind. SaneBull and Information Providers expressly disclaim all warranties and conditions with regard to Our Service, the Content, and the Information. 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 SaneBull and Information Providers from any and all liability, claims for damages, and losses arising from or connected with such risks.
7. You agree that neither SaneBull nor the Information Providers shall have any liability, contingent or otherwise, for the truth, accuracy, completeness, timeliness, interruptions, omissions or correct sequencing of the Information or Content on Our Service, or for any decision made or action taken by you in reliance upon or interpretation of the Information or Content on Our Service. In no event shall SaneBull or the Information Providers be liable for any damages arising out of or in any way connected with (1) the use of Our Service, Content, or the Information; (2) the delay, interruption or inability to use any aspect of Our Service, Content or the Information; (3) any Information or Content obtained through Our Service; or (4) otherwise arising out of the use of Our Service, Content, or Information.
9. SaneBull 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 or Content or Information, in whole or in part. SaneBull 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.
10. Our Service may include hyperlinks to other Web sites owned or operated by parties other than SaneBull. Neither SaneBull nor its Service Providers are responsible for the content or availability of such other 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 SaneBull or its affiliates be responsible or liable for any damage caused or alleged to have been caused in connection with the use or reliance on any content, goods or services available on such external Web sites.
11. 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.
12. SaneBull does not guarantee the accuracy of the information and data supplied by Information Providers. SaneBull 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.
13. Neither SaneBull nor Information Providers shall be liable for any loss resulting from your use of the 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 labor problems, or to any other cause beyond the reasonable control of SaneBull or any third party. The availability of the Our Service or Information does not constitute an offer or solicitation to buy or sell any investment product. You release and agree to indemnify and hold harmless SaneBull from any and all liability, claims for damages, and losses of any kind resulting from any action taken by you pursuant to this Agreement. Our Service are provided for your convenience, and use of Our Service and any reliance upon any Materials, including any action taken by you because of such use or reliance, is at your sole discretion and risk.
14. By agreeing to this Agreement, or by giving SaneBull your electronic mail address (e-mail), you consent to the electronic delivery by SaneBull to you of all information relating to your account, new product offerings, pricing changes, and changes to your service ("Communications").
15. Our Service is provided exclusively for your personal, non-professional and noncommercial access and use. You will not access or use the Services in any unlawful manner, for any unlawful purpose or in violation of this Agreement or applicable laws, rules and regulations. Other than as expressly allowed by this Agreement, you will not engage in the uploading, posting, decompiling, reverse engineering, disassembling, modification, copying, distribution, transmission, reproduction, republication, licensing, display, sale, or the transfer or creation of derivative products or other works of or from any product, service, information, content, software, message, advertisement or any other work found at, aggregated at, contained on, distributed through, linked to or from, downloaded to or from or in any other manner accessed from the Services ("Materials").
16. The SaneBull, 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. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Services or in any Material. SaneBull and/or Information Providers retain all such rights of ownership.
17. OUR SERVICE AND THE MATERIALS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS, AND NEITHER SaneBull NOR ANY OF ITS UNDERLYING SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS MAKE ANY REPRESENTATIONS AS TO THE SUITABILITY OF OUR SERVICE OR THE MATERIALS FOR ANY PURPOSE. SaneBull AND ITS UNDERLYING SERVICE PROVIDERS, 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 AND THE MATERIALS. IN NO EVENT SHALL SaneBull 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 OR THE MATERIALS, REGARDLESS OF WHETHER OR NOT SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 SaneBull 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 SaneBull OR ANY OF ITS UNDERLYING 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 OR THE MATERIALS.
18. 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, I expressly agree that under no circumstances shall the total, aggregate liability of SaneBull and its underlying Service Providers, Information Providers, licensors, employees, distributors or agents to me or any party claiming by or through me for any cause whatsoever exceed $1 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise.
19. If, in their judgment, Information Providers or SaneBull determines that you have misappropriated or misused or otherwise breached this Agreement, SaneBull may terminate this Agreement and discontinue providing Our Service to you. You shall pay the reasonable attorney's fees that SaneBull or any Information Provider incurs in enforcing this Agreement against you.
20. You agree that no joint venture, partnership, employment or agency relationship exists between yourself and SaneBull as a result of this Agreement or use of Our Service.
21. Our Service, Content, and the Information provided by SaneBull and Information Providers, and the manner of their provision, individually or as a whole, are all protected pursuant to U.S. patent, copyright laws, international treaties or conventions and other laws, and shall remain the exclusive property of SaneBull or Information Providers, and no title or ownership interest will transfer to you. You agree not to modify, print, copy, publish, transmit, license, participate in the transfer or sale of, reproduce, create derivative works from, distribute, redistribute, perform, display or in any way exploit Our Service, its content or any feature thereof.
22. SaneBull 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 or Content or Information, in whole or in part. SaneBull 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.
23. Information made available by and through Web sites is made available by SaneBull as a general reference for informational and educational purposes only. SaneBull does not control such Information, and is not responsible for the contents or availability of Information provided on the Web sites. Information is protected by copyright and subject to the Information Providers' terms of usage. Your use of any Information is subject to compliance with such terms of usage.
24. Our Service may include hyperlinks to other Web sites owned or operated by parties other than SaneBull. Neither SaneBull nor its Service Providers are responsible for the content or availability of such other 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 SaneBull or its affiliates 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 external Web sites.
25. By agreeing to this Agreement, or by giving SaneBull your electronic mail address (e-mail), you consent to the electronic delivery by SaneBull to you of all information relating to your account, new product offerings, pricing changes, and changes to your service ("Communications"). Your consent further authorizes SaneBull to deliver all such Communications to you by e-mail or by posting the Communication on the Web site where the Communication can be read and printed. You agree that this Agreement constitutes notice of such posting. Your consent further authorizes SaneBull to deliver Communications to you by giving you an e-mail that includes a hyperlink to an address on the World Wide Web or the Web site where the information is posted, and can be read and printed. Your consent further authorizes SaneBull to deliver a Communication to you by sending you a notice by e-mail, mail, telephone, or facsimile transmission which directs you to an address on the World Wide Web and/or a place within the Web site where the Communication is posted and from which it can be read and printed. You further consent, that SaneBull may authorize its partners to extend the same communication and transmissions as SaneBull proper. You agree that such delivery shall be deemed effective delivery to you whether or not you access or review the Communication. It is mandatory that you maintain a subscription to any Communications, as described above. If you wish to no longer receive these Communications, you must cancel your account with SaneBull.
26. 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.
F. SaneBull Paid Services Terms and Conditions Service Extension
In addition to terms defined in Section E, the following rules apply.
In consideration of SaneBull providing you with access to Our Service, you understand and agree to the following:
1. All market data is delayed at least 20 minutes and is subject to all terms defined in Section E.
2. SaneBull Paid Service is a type of hosted service deployed on SaneBull leased servers. The subscription fee covers only SaneBull hosting and technologies used.
3. Customization and consulting fees are not refundable.
4. Subscription fees are not refundable.
5. You agree not to redistribute SaneBull services except to sites approved by SaneBull.
G. Termination of Service by SaneBull
Notwithstanding any provision in this Agreement, SaneBull 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.
Appendix 1: Dow Jones ToS extension