Market Data Terms of Service

Last Updated: 13 January 2021

This Market Data API Agreement (“Agreement”, “Terms of Use”, Terms of Service”, “Contract”) is a legally binding contract between you (“you”), and Market Data. (“Market Data”, “we”, “us”, or “our”). You understand, acknowledge, and agree, that this Agreement does not create an investment advisory relationship, a joint-venture, partnership, an employer-employee relationship, or any other relationship between you and Market Data. Neither party is an agent of the other and neither party is authorized to make any representation, contract, or commitment on behalf of the other party. The scope of this agreement is limited to the transmittal of financial data between the parties. Market Data is your service provider and you are our customer.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THIS WEBSITE INCLUDING USING THE APPLICATION PROGRAMMING INTERFACES (API), SOFTWARE DEVELOPMENT KITS (SDK), DATA, SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE (COLLECTIVELY, THE “DATA”). BY ACCESSING OR USING ANY OF THE RESOURCES, OR BY CLICKING THAT YOU ACCEPT OR AGREE TO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF THIS AGREEMENT, MEET THE QUALIFICATIONS STATED IN THIS AGREEMENT, AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.

The terms of service include a class action waiver and a waiver of jury trials. We require binding arbitration on an individual basis to resolve all disputes. This will limit the remedies available to you should there be a dispute.

These terms of service are subject to modification by the company in its sole discretion at any time. In the event we modify the Terms of Service, we will make our best efforts to notify you of the change by sending you an email at your email of record. We will also update the Last Updated date at the top of this webpage. If you have not yet made a purchase or subscription from the company, the change in our Terms of Service are effective immediately. If you do not agree to the changes, discontinue the use of our data immediately and notify us so that your account may be deleted. If you are a current customer and have an existing subscription, the new Terms of Service will be effective 30 days after their posting on this webpage. If you do not agree to the new Terms of Service, you must notify us in writing within 30 days and the company will at its sole discretion: (a) provide a refund of the unused time on your subscription or (b) continue to provide you service until the end of your current subscription under the previous agreement.

No Investment Advice

We are not a registered investment adviser nor a broker-dealer.  We will NOT render investment advice to any individual or company.

This website is limited to the dissemination of general financial information. It is for informational purposes only and so should not be construed by a consumer and/or prospective client or investor as a solicitation to effect, or attempt to effect transactions in securities, or the rendering of personalized investment advice for compensation, over the Internet.

Trading securities and other financial instruments can involve high risk and the loss of all amounts invested. Trading securities and other financial instruments on margin or with other forms of leverage or borrowings can result in losses in excess of the amount invested. Investment-related information provided by us may not be appropriate for many clients or investors, and is provided without respect to individual investor financial sophistication, financial situation, investing time horizon, or risk tolerance. Such information is for general information purposes only. None of such information is meant to constitute financial or investment advice.

You should not treat any opinion expressed by us as a specific inducement to make a particular investment or follow a particular strategy, but only as an expression of opinion. Our opinions are based upon information we consider reliable but we do not warrant its completeness or accuracy, and it should not be relied upon as such. We and our affiliates and/or licensors are not under any obligation to update or correct any information provided on this website. Our statements and opinions are subject to change without notice. No part of our compensation is related to the specific opinions we express.

Past performance is not indicative of future results. We do not guarantee any specific outcome or profit. You should be aware of the real risk of loss in following any strategy or investment discussed on this website or on our materials. Strategies or investments discussed may fluctuate in price or value. You may get back less than invested. Investments or strategies mentioned on this website or on our materials may not be suitable for you. This material does not take into account your particular investment objectives, financial situation or needs and is not intended as recommendations appropriate for you. You must make an independent decision regarding investments or strategies mentioned on this website or in our materials. Before acting on information on this website or in our materials, you should consider whether it is suitable for your particular circumstances and strongly consider seeking advice from your own financial or investment adviser.

Please note: Hypothetical computer simulated performance results (“Backtesting”) are believed to be accurately presented. However, they are not guaranteed as to accuracy or completeness and are subject to change without any notice. Backtesting has certain inherent limitations. Unlike an actual performance record, backtesting does not represent actual trading. Since, also, the trades have not actually been executed; the results may have been under or over compensated for the impact, if any, of certain market factors such as liquidity, slippage and commissions. Backtesting in general is also subject to the fact that it is designed with the benefit of hindsight. No representation is being made that any portfolio will, or is likely to achieve profits or losses similar to those shown in our backtests. All investments and trades carry risks.

Use of Our Data

During the term of this agreement, Market Data grants you a limited, non-exclusive, non-transferrable, non-sublicensable license to access and use our data on an unlimited number of computers and mobile devices that you own or control for your own personal use. We do not grant you any right, title or interest in or to any of our data. Access to certain third-party data owned by our licensors may require you to agree to supplemental terms of service. By using third-party data, you agree to adhere to those third-party terms of service. When you establish a brokerage connection using Market Data, use of data from your broker is subject to their data use policies and terms of service. Violation of your broker’s data use terms will result in the termination of your Market Data account. Contact your broker if you have any questions about their terms of service for data use.

You may not sell, resell, retransmit, or redistribute or make our data or any third-party data available to anyone without a supplemental commercial redistribution agreement. You may not distribute the data programmatically as a data feed, an API, or an export file.

All data is licensed to you by Market Data is licensed as a subscription. You must delete all data downloaded during the subscription period if your subscription ends. 

Access to Our Data

You will be assigned API keys or authentication tokens (“Access Tokens”) enabling your computers or devices to operate with our APIs. You will maintain all Access Tokens assigned to you as the Confidential Information. All Access Tokens assigned to you are unique to you and are solely for your own use in connection with your use of our data. You may not provide any third party with access to any Access Token. You are solely responsible for all use of your Access Token. You will notify us immediately if your Access Token is lost, stolen or otherwise compromised.

Token Exchange

Our optional token exchange service allows you to store third party access tokens with Market Data and retrieve data from third party services using your Market Data Access Token. By providing Market Data with a third party access token you explicitly authorize Market Data to obtain data from and transmit data to third parties on your behalf using the third party access token you provided us. If your Market Data Access Token is lost, stolen, or otherwise compromised, you are responsible for all liabilities and damages incurred with all third parties through the use or misuse of any third party access tokens you provided us. The transmission of a valid Market Data Access Token is the only authorization Market Data requires to utilize the third party access token you provided us. You are responsible for all liabilities and damages incurred through the use of your Access Token and any transactions made through your Access Token will be deemed to have been made by you. If you lose your Market Data Access Token, all third party access tokens stored using token exchange will be irrecoverably lost.

Use of Your Data

We claim no ownership of your data, but by transmitting data to us via the APIs provided, you grant us a irrevocable license in perpetuity to use the data you have transmitted to us for the purpose of fulfilling your requests and providing you with our services. In addition, you also authorize us to collect your usage data for statistical analysis, research, and marketing purposes.
 

During your use of our service, Market Data may transmit your personal data to third parties such as Amazon, Google, Apple, Cloudflare, Microsoft, and our billing partners so that these companies may assist us in providing you our service. By using Market Data, you explicitly authorize us to transfer your personal information to these companies and consent to their privacy and data use agreements, which are incorporated into this agreement by reference:

https://aws.amazon.com/privacy/
https://policies.google.com/privacy/
https://www.apple.com/legal/privacy/en-ww/
https://www.cloudflare.com/privacypolicy/
https://privacy.microsoft.com/en-us/privacystatement/

If you do not consent to these agreements or having your personal information transmitted to or stored by these companies, you may not use Market Data’s services. 

Your personal data may also be transmitted or stored outside your country of origin and stored in a country whose data protection and data privacy laws are different than your own. By using Market Data’s services you explicitly authorize us to store your data wherever Market Data stores user data even if this is outside your home country.

Non Compete

You understand, acknowledge, and agree, that we or our affiliates may have developed, be developing, or may develop or obtain, software, methods, processes, designs, systems, algorithms, trading strategies, or other ideas or technologies that are similar to or compete with yours (“Competing Technology”). Similarly, other users of Market Data may have developed, be developing, or may develop or obtain, Competing Technology. Nothing in this Agreement will be construed as a representation or agreement that Market Data or our affiliates, or any other user, has not or will not develop or obtain any Competing Technology. Nothing in this Agreement grants you any right, title, or interest in or to any Competing Technology.
 
You will not, nor allow any third party to, alter, modify or adapt the Data or Software, including but not limited to translating, reverse engineering, decompiling, disassembling, or creating derivative works, and may not take any other steps intended to produce a source code statement of the Software.
 
We do not offer our service to competitors. If you are in the business of selling, distributing, or licensing financial data to others you may not utilize our services. By using our service you agree you will not create a competing product or service for a period of 36 months after having terminated your subscription with Market Data.

Refund Policy

We offer an extensive free trial subscription and free usage tier and customers are encouraged to utilize these free options to determine whether Market Data meets their needs. Customers may also take advantage of a 14 day refund period for subscription plans and data store products.

No Warranties

All stock, options, forex, crypto, futures, and other financial price data provided by Market Data on this website and via our APIs is sourced from market participants, third-parties, or licensors and not from the exchanges directly. Therefore the data is not necessarily timely or accurate. Prices, quotes, and transactions reported by Market Data may differ substantially from the actual market price. The data provided is indicative only and should not be used for trading or for building any kind of trading application. The trading APIs that we provide should be used only in conjunction with an official real-time data source for the exchange you are operating on. Market Data does not provide real-time trading data. Market Data will bear no responsibility should you suffer trading losses from your inappropriate use of our data. There may be extended periods of time when you cannot access or transmit the data to or from our servers. The data may not meet your requirements.

THE DATA AND ALL RESOURCES ARE PROVIDED AS-IS AND AS-AVAILABLE WITHOUT ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED. MARKET DATA EXPRESS DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND GUARANTEES REGARDING THE DATA AND ALL RESOURCES, INCLUDING ANY WARRANTY, REPRESENTATION OR GUARANTEE OF QUALITY, ACCURACY, CORRECTNESS, RELIABILITY, AVAILABILITY, TIMELINESS, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE, OR ANY WARRANTY, REPRESENTATION OR GUARANTEE AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT. WE ARE NOT RESPONSIBLE FOR ANY KIND OF TECHNICAL OR OTHER MALFUNCTION RELATED TO USE OF THE DATA, OR FOR ANY OUTAGES, DELAY, OR FAILURE TO PERFORM. THERE IS NO GUARANTEE THAT YOU WILL BE ABLE TO ACCESS ANY DATA WHENEVER AND WHEREVER YOU WANT, OR THAT YOUR USE OF THE DATA WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. THERE IS NO GUARANTEE THAT DATA TRANSMITTED THROUGH OUR APIs WILL NOT BE LOST, CORRUPTED OR DAMAGED. ALL USE OF OUR DATA IS AT YOUR OWN RISK.

Security

You agree not to use cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with any Data. You may not interfere with or damage the Data, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology. You may not modify or cause to be modified any files that are owned by Market Data. You may not disrupt, overburden, or aid or assist in the disruption or overburdening of: (i) any computer or server used to offer or support our Data; or (ii) the enjoyment of our Data by any other person. You may not institute, assist, or become involved in any type of attack, including, but not limited to, distribution of a virus, denial of service attacks upon our Data, or other attempts to disrupt the Data or any other person’s use or enjoyment of the Data. You agree not to attempt to gain unauthorized access to our Data, accounts registered to others, or to the computers, servers or networks connected to our resources by any means other than the API interface provided by Market Data, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software used by Market Data. You agree not to access, tamper with or use non-public areas of our website, our computer systems, or the technical delivery systems of our data providers and licensees. You agree not to attempt to probe, scan, or test the vulnerability of any of our systems or networks, or breach any security or authentication measures. You agree not to disrupt or interfere with the security of, or otherwise cause harm to our systems, resources, accounts, passwords, servers or networks connected to or accessible through our computers or any affiliated or linked sites; or avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Market Data or any of our providers or any other third party (including another User) to protect our resources.

Representations

You represent, warrant, and covenant to us that: (a) you will maintain all rights, power, and authority necessary to enter into this Agreement, grant all rights, and perform all obligations under this Agreement; (b) you will not violate, and will not cause us to violate, any national, state, provincial, municipal, or local laws, rules, or regulations or the rights of any third party, including without limitation intellectual property rights; (c) except as set forth herein, you will obtain all rights, licenses, permits, and other approvals required for your use of or access to our resources. You further represent, warrant, and covenant to us that you will develop, implement, and maintain (and, if applicable, will require that all employees and subcontractors develop, implement and maintain) necessary and appropriate policies, procedures, programs and other security and integrity measures in accordance with the terms of this Agreement. Without limiting the foregoing, you represent, warrant, and covenant to us that you will implement and maintain not less than reasonable and appropriate technical, administrative, and physical safeguards to protect your computers and your access to all data.
 
Liability
IN NO EVENT WILL MARKET DATA BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, THE DATA, THE PLATFORM, OR ANY RESOURCES, INCLUDING ANY LOST, CORRUPTED OR ALTERED DATA OR INFORMATION, LOSS OF USE OF DATA OR INFORMATION, RECOVERY OF DATA OR INFORMATION, OR LOSS OR INTERRUPTION OF BUSINESS OR REVENUE, EVEN IF MARKET DATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES AND WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE. THE MAXIMUM CUMULATIVE LIABILITY OF MARKET DATA RELATING TO THIS AGREEMENT, THE DATA, OR ANY RESOURCES, WILL UNDER NO CIRCUMSTANCES EXCEED THE TOTAL AMOUNT PAID FOR OUR SERVICES.

Disputes

In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and Market Data agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other, demand mediation under the mediation rules of Argentina Public Law 26.589. Any demand for mediation shall be made in writing and personally delivered or served upon the other party to the dispute, or sent via certified mail, return receipt requested. The mediation will take place in the City of Buenos Aires, Argentina. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation. Except as otherwise required under applicable law, you and Market Data intend and agree: (a) not to assert class action or representative action procedures and agree that they will not apply in any arbitration involving the other; (b) not to assert class action or representative action claims against the other in arbitration or otherwise; and (c) will only submit individual claims in arbitration and will not seek to represent the interests of any other person or entity.

Binding Arbitration

If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the Argentina Civil and Commercial Code before a single arbitrator in the City of Buenos Aires, Argentina. The language of all proceedings and filings will be Spanish. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys’ fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.

Jury Trial Waiver

THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY AND IRREVOCABLY WAIVE THEIR RIGHT TO A TRIAL BY JURY and agree that if the foregoing binding arbitration provision is determined for any reason to be unenforceable or inapplicable to a particular dispute, then such dispute shall be decided solely by a judge, without the use of a jury, sitting in a court of competent jurisdiction. This binding arbitration and jury trial waiver provision shall survive termination of this Agreement.

Indemnification

You will indemnify, defend and hold harmless us, our affiliates, and each of our respective officers, directors, employees, contractors, and agents, from and against, and will pay all costs, damages, liabilities, and expenses (including reasonable attorneys’ fees) incurred by or awarded against us or any of our affiliates based on or related to any claim, suit, or proceeding, arising out of or relating to: (a) your use of our data; (b) your use of or access to any of our resources, including without limitation any Market Data API; (c) your Software or any access to or use thereof by any other third party; (d) your breach of any provision of this Agreement; (e) any claims by a third party that your use of our Data violates privacy or data security rights granted to such third party by any applicable law; (f) any other claims by a third party, other than due to our gross negligence or willful misconduct; or (g) any claim by a third party that your use of our Data infringes or otherwise violates the intellectual property rights of such third party. We will notify you of any claim for which we seek indemnification, allow you to control the defense of the claim, and reasonably cooperate with you in the defense and any related settlement negotiations at your cost and expense. In addition to any defense provided by you, we may, at our expense, retain our own counsel and participate in such defense (and any settlement). You will not enter into any judgment or settlement that purports to bind us without our express written authorization. If you do not promptly assume our defense against any claim upon receiving notice of the claim, we reserve the right to undertake our own defense at your expense.

Termination

We may terminate this Agreement at any time for any reason or no reason immediately upon notice to you. If we terminate your account without without cause, we will issue you a partial refund for any unused time remaining on your subscription. If your account is terminated for breach or cause, no you will not be entitled to any refund of unused time remaining on your subscription. You may terminate this Agreement at any time by visiting the “Profile” page to terminate and delete your account. If you terminate your account before the end of your subscription you will not receive a refund for any unused time remaining on your subscription.
 
Upon any termination of this Agreement, all rights and licenses granted to you under this Agreement will immediately cease and you will promptly: (a) cease all use of all data; (b) reconfigure and/or reprogram your computers to remove use of all data and disable interoperability and connectivity to the API; (c) erase or destroy all copies of the data in your possession or control. Upon any termination of this Agreement, you will promptly return to us or, at the request of us, delete, destroy, or expunge, any data in your possession or control, including all copies thereof. Upon our written request, you will certify that you are in compliance with the requirements of this Section.

International Taxation

You agree to pay Market Data our subscription fees in full without tax withholding of any kind. This includes, but is not limited to, income tax withholding, value added taxes, sales taxes, excise taxes, stamp taxes, import/export duty or any such taxes that are levied on a digital subscription or data product such as this one. If taxes are due on your Market Data subscription in any national, provincial or local/municipal jurisdiction as a result of your subscription, you are solely responsible for paying these taxes to the taxing authorities. You are required to send Market Data the official receipts issued by your tax authorities or other documentation that we may request to demonstrate your compliance with this provision of the Agreement.

Apple App Store Provisions

The following applies to any Apple App Store Sourced Application accessed through or downloaded from the Apple App Store: You acknowledge and agree that (i) the Terms are concluded between you and Company only, and not Apple, and (ii) Company, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company. You and Company acknowledge that, as between Company and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Company acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms. You and Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. Without limiting any other terms of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

General Provisions

Each and every right and remedy hereunder is cumulative with each and every other right and remedy herein or in any other agreement between the parties or under applicable law. The words “include,” “includes” and “including” means “include,” “includes” or “including,” in each case, “without limitation.” The parties expressly waive any applications of the U.N. Convention on Contracts for the International Sale of Goods with respect to the performance or interpretations of this Agreement.

Choice of Law and Venue

This Agreement and its interpretation, as well as any Arbitration, will be governed by the laws of the Republic of Argentina without giving effect to principles of conflict of laws. You acknowledge and agree that the ordinary courts of the City of Buenos Aires will have sole and exclusive jurisdiction over any issues regarding this Agreement, including any action to enforce the binding arbitration provision above. You irrevocably submit to the personal jurisdiction of such courts.

Legal & Copyright Notifications

All notifications to Market Data must be sent in writing via registered letter, return receipt requested, to our legal agent: Reus, Grasa & Asociados, Attn: Market Data, Arengreen 1034, Buenos Aires (1405), Argentina. We do not accept legal notifications of any kind through email.

If you believe your copyrighted work has been copied and uploaded to Market Data’s servers, please provide notify our legal agent in writing to our DMCA Agent at the address above with the following information: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on our website or computer servers of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Assignment

You may not assign, transfer or delegate this Agreement or any of your rights or obligations under this Agreement, in whole or in part, whether by operation of law or otherwise, to any third party without the prior written consent of us. We may assign this Agreement with or without notice to you. Any assignment in violation of the foregoing will be null and void, and will be considered a breach of this Agreement.

Complete Agreement

This Agreement constitutes the complete understanding and agreement between the parties regarding its subject matter and supersedes all prior oral or written agreements or understandings between the parties as to the subject matter of this Agreement.

Limitation Period

You and Market Data agree that any cause of action arising out of or related to these Terms and Conditions or your use of our website, data, or services must begin within one year after the cause of action accrues otherwise it is permanently barred.

No Waivers

The failure of either party to insist upon a strict performance of or to seek remedy of any one of the terms of this Agreement or to exercise any right, remedy, or election set forth herein or permitted by law shall not constitute nor be construed as a waiver or relinquishment for the future enforcement of such term, condition, right, remedy or election, but such items shall continue and remain in force and effect. In no event will we be liable for any of your responsibilities or obligations hereunder (or for your failure to fulfill such obligations) even if we are aware of such failure.

Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of this Agreement will continue in full force and effect.

Force Majeure

We will not be held responsible for failure or delay in the performance of any obligation under this Agreement if such failure or delay is beyond our reasonable control.