Effective date: November 07, 2013
This Website Terms of Service contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.
Subject to and in accordance with the terms of this agreement and all schedules and addenda attached to this agreement by mutual consent from time to time (collectively, the "Agreement"), Trademetria will provide Subscriber, with: (i) access to the System, (ii) the services described on the attached Schedules and (iii) additional services Subscriber requests and Trademetria agrees to provide in the future as described in a Schedule (collectively, the "Services").
Services are limited to establishing and maintaining the System for transactions that Subscriber initiates and the other Services specifically agreed to on a Schedule.
Subscriber accepts full responsibility for the usage of the system and the compliance with Subscriber's obligations under this Agreement and applicable laws, rules and regulations. Subscriber will take reasonable security precautions to prevent unauthorized use of or access to the System. Subscriber is solely responsible for any unauthorized use of the System, and Subscriber shall, and shall instruct Authorized Users to, immediately cease use of the System if it is notified by Trademetria, or otherwise becomes aware of, or suspects, a technical failure or security breach of the System by an Authorized User.
2. FEES AND COSTS
Subscriber will pay Trademetria the fees set forth on the pricing page and be responsible for all costs associated with Subscriber’s and each Authorized User’s access to and use of any Service and Licensed Products and equipment.
If payment is not received within 30 days of due date, Trademetria may suspend services until payment has been made.
All sales are final and non-refundable.
3. TERM AND TERMINATION
This Agreement begins as of the date user opens an account at our web site. Users can terminate their accounts online at any time via their user settings page.
If Trademetria changes its rate structure and pricing before the commencement of the renewal term and Subscriber does not accept the changes, Subscriber may terminate this Agreement prior to commencement of the renewal term.
4. REPRESENTATIONS AND WARRANTIES
Subscriber expressly acknowledges and agrees that the Services and Licensed Products are on an ''as is" basis, at Subscriber’s sole risk. Except as otherwise specifically provided in an applicable Schedule to this Agreement, Trademetria and its third party providers (“Providers”) will have no responsibility to maintain the Services or Licensed Products or to supply any corrections, updates or releases concerning them.
5. LIMITATION OF LIABILITY
TRADEMETRIA, ITS DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES AND AGENTS WILL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO SUBSCRIBER OR TO THIRD PARTIES, FOR THE CORRECTNESS, QUALITY, ACCURACY, SECURITY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, PRICING OR CONTINUED AVAILABILITY OF THE SERVICES OR FOR DELAYS OR OMISSIONS OF THE SERVICES, OR FOR THE FAILURE OF ANY CONNECTION OR COMMUNICATION SERVICE TO PROVIDE OR MAINTAIN SUBSCRIBER’S ACCESS TO A SERVICE, OR FOR ANY INTERRUPTION OR DISRUPTION OF SUBSCRIBER’S ACCESS OR ANY ERRONEOUS COMMUNICATIONS BETWEEN TRADEMETRIA AND SUBSCRIBER. TRADEMETRIA WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHICH SUBSCRIBER MAY INCUR OR EXPERIENCE BECAUSE SUBSCRIBER ENTERED INTO THIS AGREEMENT OR RELIED ON THE SERVICES OR LICENSED PRODUCTS, EVEN IF TRADEMETRIA KNOWS OF THE POSSIBILITY OF THOSE DAMAGES. TRADEMETRIA HAS NO RESPONSIBILITY TO INFORM SUBSCRIBER OF ANY DIFFICULTIES TRADEMETRIA OR OTHER THIRD PARTIES EXPERIENCE CONCERNING USE OF THE SERVICES OR LICENSED PRODUCTS FOR OUR ACCOUNTS OR OTHER ACCOUNTS OR TO TAKE ANY ACTION IN CONNECTION WITH THOSE DIFFICULTIES. TRADEMETRIA WILL HAVE NO DUTY OR OBLIGATION TO VERIFY, CORRECT, COMPLETE OR UPDATE ANY INFORMATION DISPLAYED IN OR ARISING OUT OF THE SERVICES OR LICENSED PRODUCTS. SUBSCRIBER WILL MAKE SUBSCRIBER’S OWN INDEPENDENT DECISION TO ACCESS OR USE ANY SERVICE OR LICENSED PRODUCT AND TO EXECUTE ANY TRANSACTION. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT THE SERVICES DO NOT AND WILL NOT SERVE AS A BASIS FOR ANY OF SUBSCRIBER’S INVESTMENT DECISIONS CONCERNING SUBSCRIBER’S ACCOUNTS. TRADEMETRIA (AND ANY OF OUR AFFILIATES AND PROVIDERS) ARE NOT AND WILL NOT BE AN ADVISOR OR FIDUCIARY FOR SUBSCRIBER.
Subscriber has independently evaluated the Licensed Products. Subscriber assumes all liabilities and risks associated with the use of Licensed Products.
6. LIVE QUOTES
Trademetria offers real-time quotes provided by a third party provider and such service might cease to exist in the future. If such event occurs, Trademetria will try to find a replaceable service that is also free of cost. If such service is not found, paid options might be offered to users.
In the course of performing this Agreement, each party or its employees may be exposed to or acquire information which is proprietary or confidential to the other, its affiliated companies or third parties to whom the party has a duty of confidentiality. All non-public information in any form obtained by a party or its employees while performing this Agreement (including the Services, Licensed Products and any trade secrets, processes, proprietary data, information or documentation related thereto) is deemed confidential and proprietary information. Each party agrees to hold such information in strict confidence and not to disclose the information to unauthorized third parties or use the information for any purpose not contemplated by this Agreement and to advise each of its employees and clients who may be exposed to proprietary and confidential information of their obligations to keep that information confidential, provided, however, that such information may be disclosed (i) to the extent required by applicable law or regulation, or (ii) pursuant to a subpoena or order of a court or regulatory, self-regulatory or legislative body of competent jurisdiction.
8. GOVERNING LAW; JURISDICTION; ARBITRATION; JURY WAIVER
At the election of Subscriber or Trademetria, this Agreement and all disputes arising under or related to it (whether for breach of contract or otherwise) shall be settled by binding arbitration, in accordance with the commercial arbitration rules of the Illinois Arbitration Association then in effect. Arbitration shall be before a single arbitrator in the city of Chicago, Il, the award of the arbitrator shall be final, and judgment upon the award rendered may be entered in any court having jurisdiction. Arbitration will not impair the exercise of any termination rights under this Agreement.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Trademetria is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
Trademetria shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
10. CONTACT US