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Please read the following terms and conditions carefully before continuing to use this Web site. By using this Web site or any service of this Web site, you signify your acceptance of the Terms of Use. You may skip directly to the following sections of this statement: General Legal Information This Web site is for informational purposes only. None of the information contained on this Web site constitutes a solicitation, offer, opinion or recommendation by Townsend Analytics, Ltd. ("TAL") to buy or sell any securities or other financial instruments or to provide legal, tax, accounting or investment advice or services regarding the suitability or profitability of any security or investment. Modification and Monitoring of Web Site TAL reserves the right, in its sole discretion, to change, modify, add or remove portions of these terms and conditions at any time and to monitor any and all use of this Web site. Accordingly, please check the Terms of Use periodically for any changes. Your use of the Web site or any service on this Web site after the posting of such modifications will constitute your acceptance of the modified Terms of Use. Any terms and conditions proposed by you which are in addition to or which conflict with the Terms of Use are expressly rejected by TAL and shall be void. Restrictions on Use The information provided on this Web site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject TAL or its affiliates to any registration requirement within such jurisdiction or country. You may not use this Web site for any illegal purpose or in any manner inconsistent with the Terms of use. You agree not to use, transfer, dispose or distribute any Information on the Web site in any manner that could compete with TAL's business. You may not copy, reproduce, republish, recompile, redeliver, decompile, disassemble, reverse engineer, distribute, publish, display, modify, upload, post, transmit, create derivative works from, use "frame" technology on or in any other way create a misimpression or confusion among users with respect to sponsorship or affiliation or exploit in any way material from TAL's Web site. Notwithstanding the foregoing, the User may download a single copy of any Support document or User Guide for his own personal use, provided that such materials are maintained in their original form and are not redistributed to other individuals or entities. TAL network installation customers may download Support documents for distribution via the network on which TAL software is installed, provided that such documents are maintained in their original form and are not distributed to individuals or entities outside of the customer's authorized business. Limited License Users may include a link to the RealTick.com Web site: (i) in a simple list of companies, by linking to the RealTick.com homepage (www.RealTick.com); or (ii) in a list of companies that offers descriptions along with links, provided that TAL has approved such description. Linking to other pages or content within the RealTick.com Web site is prohibited, unless expressly permitted by TAL. Disclaimer of Warranty DATA AND INFORMATION PROVIDED BY TOWNSEND ANALYTICS, L.L.C., OR ANY OF ITS AFFILIATES, THEIR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS ("TAL") IS FOR INFORMATIONAL PURPOSES ONLY, AND IS PROVIDED BY TAL ON AN "AS IS" BASIS. TAL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND A WARRANTY FOR NON-INFRINGEMENT, WITH RESPECT TO THE DATA AND INFORMATION. IN NO EVENT SHALL TAL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES AND DAMAGES THAT MAY RESULT FROM THE USE OF THE DATA AND INFORMATION, ANY DELAY OR INTERRUPTION OF SERVICE, OR OMISSIONS OR INACCURACIES IN THE INFORMATION) WITH RESPECT TO THE DATA AND INFORMATION. FINALLY, THE USER, AS A CONDITION TO VIEWING THE DATA AND INFORMATION, EXPRESSLY WAIVES ANY CLAIM IT MAY HAVE AGAINST TAL. Limitation of Liability In no event shall TAL or its third party providers be liable to you for any direct, special, indirect, consequential, loss of profits, incidental damages or any other damages of any kind even if TAL or any other party has been advised of the possibility thereof. Any material downloaded or otherwise obtained through the use of this Web site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material. Copyright and Trademark Notices This Web site, including but not limited to the text, content, photographs, images, video, audio and graphics contained in the Web site is protected by copyrights, trademarks, service marks, international treaties and other proprietary rights and laws of the United States and other countries. You agree to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained in the Web site. Unauthorized use of this Web site and the materials contained on this Web site may violate applicable copyright, trademark or other intellectual property laws or other laws. 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Use of Links TAL has not developed, checked for accuracy or otherwise reviewed other Web sites linked to this Web site and is not responsible for the content of any other Web site. TAL provides links to other Web sites solely as a convenience to its users. Your linking to any other Web site is at your own risk. By providing access to the linked Web sites, neither TAL nor its third party providers are recommending the purchase or sale of the stock nor endorsing the services provided by the Web sites' sponsoring organization. Privacy Policy TAL has created this privacy statement to demonstrate our firm commitment to consumer privacy. The following discloses our information-gathering and dissemination practices for the Web site located at www.realtick.com. Information Gathering This Web site does not require registration from users. TAL receives names, contact information and e-mail addresses only when personally submitted by users through the optional Contact page or from those who wish to become customers of TAL. This information is not gathered by TAL without users' knowing, active permission and participation. TAL respects the privacy of its users and does not share any personally identifiable information with any third party not affiliated with TAL. The registration forms for prospective TAL customers require users to give us contact information, such as their name and email address. The customer's contact information is used only to contact the customer about their TAL account or software license. TAL does not sell or otherwise disseminate this contact information to third parties. Credit card numbers and other financial information may also be collected from TAL customers; this information is used solely for the purpose of billing customers for the products and services they have ordered. Business Partners and Outside Companies As a provider of market data software, TAL works closely with various exchanges and data feeds. TAL does not sell or otherwise disseminate customer information to such business partners. However, for customers who use TAL software to access such data sources, communication between TAL and the data source about the customer is sometimes necessary. Townsend Analytics will not provide information about a customer to an exchange or datafeed unless the customer has voluntarily chosen to subscribe to said exchange or datafeed. The Username, Domain Name and Password assigned to you for downloading RealTick software are for your personal use only. You are responsible if they are lost, stolen or misused, and you must notify TAL immediately if any of these events happen. You may not use the Contact feature to send us time-sensitive instructions, or to give us personal credit information or an address change. TAL has taken certain steps to provide a secure environment for your personal information on this Web site. All customer data is stored on secure servers behind a firewall. However, TAL cannot guarantee the confidentiality of such information because of the nature of the Internet. Downloading Software TAL software is made available for downloading solely for the use by end users according to the License Agreement. Users may download and install the software, but they must obtain a Username, Domain Name and Password before they can use the software. TAL software is licensed "as is" and "with all faults." Neither TAL nor any of its third party providers warrant that TAL software will be error-free or that any provided services will be uninterrupted. TAL retains any and all rights and title, including proprietary rights therein. Any reproduction or redistribution of the TAL software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Jurisdiction and Applicable Law Unless otherwise specified, TAL controls and operates this site from our offices within the State of Illinois. TAL does not claim that materials in this site are appropriate or available for use in locations other than Illinois. If you choose to access this site from other locations, you do so on your own initiative and you are responsible for compliance with any applicable local laws. The laws of the State of Illinois govern the Terms of Use without regard to its conflict of law provisions. If you take legal action relating to the Terms of Use, you agree to file such action only in the federal or state courts located within Cook County, Illinois, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action. The failure of TAL to exercise or enforce any right or provision of this Terms of Use shall not constitute a waiver of such right or provision. Headings The section titles in the Terms of Use are used solely for your convenience and have no legal or contractual significance. Severability If any provision of the Terms of Use is deemed unlawful, void or unenforceable for any reason, that provision will be deemed severable from these terms and will not affect the validity and enforceability of the remaining provisions. Entire Agreement The Terms of Use constitutes the entire agreement between you and TAL relating to the use of this Web site. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Any rights not expressly granted herein are reserved. Contact the webmaster with questions or comments, as appropriate. |
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