FreeRealTime.com Terms and Conditions - FRTExpress
- Information -
FreeRealTime.com Inc. ("FRTI") agrees to provide to the
Subscriber information ("the information") and services ("the FRTI
services") as set forth in this agreement.
- No Liability -
The Information has been obtained by FRTI from various data providers,
(collectively, the "Data Providers") through sources believed to be
reliable. However, FRTI cannot guarantee the accuracy or the timely
delivery of the Information and the FRTI Service. There may be delays,
omissions, or inaccuracies in the Information and the Service. The
Subscriber agrees that neither FRTI, the Data Providers nor any agent,
subsidiary, or representative thereof shall have any liability,
contingent, or otherwise, for the truthfulness, accuracy, or timeliness of
the Information or the FRTI Service, or for any decision made or taken by
the Subscriber in reliance upon the Information or the FRTI Service.
- Trial Period -
The Subscriber will receive a free seven (7) -day trial
of the FRTI Service(s). The Subscriber may, for any reason, cancel the
trial by providing FRTI written or electronic notice of their intent. Any
subsequent subscriptions after a cancellation will not receive the free
trial, and will be billed immediately.
- Fees -
The Subscriber agrees to pay all fees related to the
Information and the FRTI Service including any applicable state,
provincial or federal taxes. The fees are subject to change, without
notice, at the discretion of FRTI. The Subscriber agrees that FRTI or its
agent or representative, is authorized to obtain payment directly from the
credit card account (the "Credit Card Account") provided by the Subscriber
at the time of registration for the Service, without pre-notification,
and in the twelfth (12th) month of service.
The Subscriber must provide
FRTI with 30 days written notice of intent to discontinue the Service
and/or the use of the Credit Card Account provided by the Subscriber. The
fee for the Service is either $16.95 per month, or $43.95 per quarter, or $153.95 per year,
depending on the billing cycle the Subscriber selected upon subscription.
There is no refund for cancellation of the monthly or quarterly Service.
There is no refund for the first 90 days of Service on the yearly subscription.
All refunds on cancellations after the initial 90 days of the Service will be
prorated based on the remainder of the yearly subscription. Periodically, special
promotional pricing will be available for the initial billing period; The pricing will
then revert back to the regular price following the promotional period.
- Representations and Warranties -
The Subscriber makes the following
representations and warranties, and understands the FRTI is relying upon
such representations and warranties:
- the Credit Card Account information provided by the Subscriber to FRTI is valid in all material respects;
- the Subscriber is lawfully authorized to use the Credit Card Account;
- the Subscriber shall use the Information and the FRTI Service for the Subscriber's own personal use; and
- the Subscriber is a non-professional, as delineated by the criteria established by the stock exchange(s) the Subscriber has applied to receive information from.
- Non-Assignability -
The Subscriber accepts responsibility for the
confidentiality and use of any access numbers, passwords and account
numbers for the Subscriber's access and use of the Information and the
FRTI Service. The Subscriber agrees that all access numbers, passwords,
and account numbers are not transferable. The Subscriber is responsible
for any fees incurred under their password until the Subscriber advises
FRTI that the password has been compromised.
- Indemnity -
The Subscriber agrees to indemnify and hold FRTI and
the Data Providers harmless from and against any and all claims, losses,
liability, costs and expenses (including but not limited to attorneys'
fees) arising from the Subscriber's violation of this agreement or any
third party's rights including but not limited to copyright proprietary
and privacy rights. This indemnification and obligation will survive the
termination of this agreement.
- Copyright, etc. -
The Subscriber agrees that the Information and the data provided by the FRTI Service
is the property of FRTI or the Data Providers, and is protected by law
including copyright and trademark. The Subscriber agrees not to
reproduce, retransmit, disseminate, sell, distribute, publish, broadcast,
circulate or commercially exploit the Information or the data provided by the FRTI
Service in any manner or for any purpose without the prior express written
consent of FRTI and the relevant Data Provider(s).
- Damages -
The maximum aggregate liability of FRTI for all claims
arising out of or relating to this agreement, regardless of the form or
cause of action, shall be the amount the Subscriber originally paid for
the Information and the FRTI Service, if any. Neither FRTI or the Data
Providers shall be liable for any loss resulting from a cause over which
such entity does not have direct control, including but not limited to
failure or incompatibility of electronic or mechanical equipment,
software, communications or interconnect problems, unauthorized access,
theft, operator error, strikes or other labor problems, and any type of
- Modification -
The Subscriber may add or cancel additional services
offered by FRTI by providing electronic or written notice of intent.
Approval of additions and/or cancellations is subject to confirmation and
payment of all applicable fees in accordance with schedule of fees
provided at time of registration.
- Termination by FRTI -
FRTI reserves the right to terminate this
agreement, in full or in part, at any time without notice.
- Termination by the Subscriber -
The Subscriber may terminate this agreement at
any time, however termination will not be effective until the end of the
next billing date following receipt by FRTI of written notice of
termination. Notice must be provided to FRTI in writing, by facsimile or