Data Service
Terms and Conditions Agreement.
CANCELLATION AND RENEWAL:
- You hereby authorize us to charge your credit
card for the specified period of service
until you cancel.
- It is your responsibility to notify us should you
wish to cancel.
- Cancellation must happen prior to the next billing
cycle or you will be billed for the full month.
- Methods of cancellation:
- Cancellations will be confirmed by email. It is
recommended that you keep this email for your proof of cancellation.
SERVICES PROVIDED:
- Primate will make available to Subscriber -
Primate's database of market information and/or real time feeds, and subject
to the following restrictions:
LIMITATIONS ON USE OF INFORMATION:
- Information downloaded by Subscriber is intended
for Subscriber's personal use only. Subscriber agrees not to sell or give,
with or without compensation, downloaded information to any third person.
LIMITATION OF LIABILITY:
-
Primate, its sources, their vendors, and
their respective affiliates, and each of their respective officers,
directors, members, employees, agents, representatives, shall not be liable
to any subscriber for any loss or damage, direct, indirect or consequential,
arising from any inaccuracy or incompleteness in, or delays, interruptions,
errors or omissions in the delivery of the data or any decision made or
action taken by vendor, any sub-vendor, affiliate, subscriber, or other
third party in reliance up on the data. We
make every effort to have accurate and timely
information available at all times.
- Vendor makes no other warranties, whether written,
oral, or implied, including without limitation; warranty of fitness for
purpose or merchantability. In no event shall Vendor be liable for
indirect, incidental, special, or consequential damages, whether or not the
possibility of such damages has been disclosed to Vendor in advance or could
have been reasonably foreseen.
DATA LICENSE AGREEMENT:
- Subscriber is hereby granted a personal,
non-transferable and non-exclusive license to use the data and/or data feeds
on one computer.
- Data is for subscriber’s personal use and shall not
be made available for commercial use.
- Subscriber shall not distribute or make available
the data to any third party.
- Primate reserves the right to refuse service to
anyone.
INTERRUPTIONS IN SERVICE:
- Primate will use its best efforts to make the
database and/or data feeds available for downloading 24 hours per day, seven
days per week.
- However, Primate may, with or without prior notice,
interrupt service for maintenance and repairs to Primate's system without
liability to Subscriber.
- Primate shall use its best efforts to promptly
repair any malfunction resulting in an interruption in service, but in no
event shall Primate be liable to Subscriber for any interruption in service,
whether caused by Primate, by third parties, or by act of God.
GOVERNING LAW, VENUE AND JURISDICTION:
- This Agreement is deemed to be entered into and to
be performed in the County of Orange, State of California, USA. This
Agreement shall be governed by and construed in accordance with the laws of
the State of California, regardless of the State or Country where Subscriber
may reside. In the event of any action or proceeding between the parties to
enforce this Agreement, or which in any way arises out of or is connected
with this Agreement, such action or proceeding shall be brought and
maintained solely in Orange County, State of California, USA.
ARBITRATION OF DISPUTES:
- Any dispute or controversy relating to the
enforcement of this Agreement, or which in any way arises out of or is
connected with this Agreement, shall be submitted to binding arbitration
before the American Arbitration Association at it's office in Orange County,
State of California, USA, or if thea American Arbitration Association at its
office in Orange County, State of California, USA or if the American
Arbitration Association then has no office in Orange County, at its office
in Los Angeles County, State of California, USA, under the Rules for
Commercial Arbitration in effect at the time of the commencement of said
proceedings.
Dow Jones Indexes: