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Terms and Conditions of Use
Subject to these Terms and Conditions of Use ("Agreement"), Market Alert Service - MAS (as defined hereunder) makes available certain online products and services, collectively referred to as "Our Service", on websites to authorized users ("you" or "your") by virtue of your accessing Our Service. Our Service delivers information, data, news, reports, programs, other content and Services ("Content").
For the purposes of this Agreement, "MAS" shall mean Market Alert Service, its Affiliates (any website that provides access to Our Service), and Other Parties (Partners; Content Providers; Licensors; and Service Providers).
Additionally, for the purposes of this Agreement, "Related Parties" shall mean Market Alert Service, and its Affiliates' and Other Parties' respective Officers, Directors and Employees.
Scope of this Agreement and Amendments
MAS reserves the right at any time to amend, change, revise, add, or modify the terms and conditions set forth in this Agreement without prior notice to you. MAS will post such amendments, changes or modifications at its option, may otherwise cause the terms and conditions to be delivered to you, electronically or otherwise.
Your continued use of Our Service after the amendments, changes or modifications to this Agreement are posted constitutes your agreement to be bound by such amendments, changes or modifications to this Agreement, regardless of whether you have actually read them. MAS may justifiably rely upon such continued use of Our Service as evidence of the acceptance of any such amendments, changes or modifications. MAS shall not be bound by any verbal statements that seek to amend the terms and conditions set forth in this Agreement.
Your intentional action in electronically signing any such additional applications where indicated is valid evidence of your consent to be legally bound by the terms of such additional applications and by other documentation submitted in the registration process or governing my relationship with MAS. The use of an electronic version of these documents, including the within Agreement, fully satisfies any requirement that they be provided to you in writing. You are solely responsible for reviewing and understanding all of the terms and conditions of these documents and agree to conduct the registration process and other transactions with MAS by electronic means. You accept as reasonable and proper notice, for the purpose of any and all laws, rules and regulations, notice by electronic means, including, but not limited to, the posting of such communications at http://www.sharepricesms.com/TnC.html or sending same via email. You agree that this Agreement constitutes notice of such posting. You agree that such delivery shall be deemed effective delivery to you whether or not you access or review the Communication.
The electronically or other properly stored copy of this Agreement and any Account Application or Account Documents is considered to be the true, complete, valid, authentic and enforceable record of the applicable document, admissible in judicial or administrative proceedings to the same extent as if the documents and records were originally generated and maintained in printed form. You will not contest the admissibility or enforceability of MAS’s copy of the documents in any proceeding arising out of this Agreement.
Any access or use of Our Service or any other Service offered by MAS, its affiliates or non-affiliated companies through MAS, constitutes your unconditional acknowledgement and acceptance of and agreement to this Agreement. This Agreement and its provisions shall be continuous, cover individually and collectively all of Our Services which you may use, and inure to the benefit of MAS, its successors and assigns. The Agreement shall be binding upon you and your estate, executors, personal representatives, administrators, successors and assigns.
About Market Alert Service
Market Alert Service (MAS) is a new service that delivers personalized and profile based financial alerts via text message (SMS) to the subscribers, such as current market prices of Bullions, Forex, Stocks, Mutual Fund and International commodity prices when an investment reaches a predefined value or at regular intervals.
Information Providers
"Information Providers" refers to third parties who provide financial or investment information, including data, analysis, commentary, market data, news or research, or tools ("Information") by or through Our Service.
Terms and Conditions of Your Use of Our Service
In consideration of MAS providing you with access to Our Service, you understand and agree to the following:
1. You warrant and represent you have the required legal capacity and you are authorized to enter into this Agreement.
2. MAS does not provide investment advice; therefore, any investment decision that you make or investment strategy that you utilize is done so at your sole discretion and at your own risk. You further acknowledge that while you may be able to access certain financial or investment information or services through Our Service, the availability of such information does not constitute a recommendation by MAS to invest in any security or utilize any investment strategy discussed therein. You understand that all investments involve risk.
3. MAS shall not be responsible for the accessibility of, transmission quality, outages to, or malfunction of any telephone circuits, computer system or software. You are responsible for providing and maintaining the communications equipment, including personal computers and modems required for accessing Our Services. MAS reserves the right to suspend Our Service and deny access to services without prior notice, during scheduled or unscheduled system maintenance, repairs or upgrades.
4. MAS will maintain adequate procedures to ensure the confidentiality of all account information within its possession. All your account numbers, User ID's and passwords are confidential, and you agree to be fully responsible for your account and identification numbers and for all activities under your account number, User ID, or password. MAS may justifiably rely that any actions conducted through Our Service and placed under your account number, User ID, or password were placed or authorized by you. You will immediately notify MAS if any of the following shall occur: (1) the loss or theft of your account number, User ID, or password; or (2) should you become aware of any unauthorized use of your account number, User ID, or password.
5. MAS shall not be liable for loss caused directly or indirectly by any exchange or market ruling, government restriction, or any "force majeure" (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, communications or power failure, equipment or software malfunction) or any other cause beyond the reasonable control of MAS.
6. Our Service and all of the Content and Information are provided "as is" without warranty of any kind. MAS and Information Providers expressly disclaim all warranties and conditions with regard to Our Service, the Content, and the Information, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. By using Our Service, Content, and Information, you assume all of the risks associated with their use, and you release and agree to indemnify and hold harmless MAS and Information Providers from any and all liability, claims for damages, and losses arising from or connected with such risks.
7. You agree that neither MAS nor the Information Providers shall have any liability, contingent or otherwise, for the truth, accuracy, completeness, timeliness, interruptions, omissions or correct sequencing of the Information or Content on Our Service, or for any decision made or action taken by you in reliance upon or interpretation of the Information or Content on Our Service. In no event shall MAS or the Information Providers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with (1) the use of Our Service, Content, or the Information; (2) the delay, interruption or inability to use any aspect of Our Service, Content or the Information; (3) any Information or Content obtained through Our Service; or (4) otherwise arising out of the use of Our Service, Content, or Information, whether based on contract, tort, strict liability or otherwise, even if MAS or Information Providers have been advised of the possibility of damages. Some states do not permit exclusions of certain implied warranties or the exclusion of incidental or consequential damages; so these disclaimers and limitations may not apply to you.
8. Our Service, Content, and the Information provided by MAS and Information Providers, and the manner of their provision, individually or as a whole, are all protected pursuant to India patent, copyright laws, international treaties or conventions and other laws, and shall remain the exclusive property of MAS or Information Providers, and no title or ownership interest will transfer to you. You agree not to modify, print, copy, publish, transmit, license, participate in the transfer or sale of, reproduce, create derivative works from, distribute, redistribute, perform, display or in any way exploit Our Service, its content or any feature thereof.
9. MAS reserves the right at any time, in its discretion and without prior notice to you, to change, revise, modify, add, upgrade, remove or discontinue Our Service or Content or Information, in whole or in part. MAS may also impose limitations or restrictions upon and may revoke your access to and your use of Our Service, Content or Information, in whole or in part, without prior notice.
10. The MAS Privacy Policy describes Market Alert Service’s policies and practices with respect to information provided and is incorporated into this Agreement by this reference. A current version of the MAS Privacy Policy can be viewed at http://www.sharepricesms.com/privacy.html.
11. Use of Our Service requires that you accept all cookies in order to activate special Web features and security mechanisms, and to enhance the performance of Our Service. While you browser may allow you to "reject" cookies, Our Service may require that you accept all cookies in order for its features and security mechanisms to function fully. A "cookie" is an electronic note created by a web site and stored on your computer.
12. Information made available by and through Web sites is made available by MAS as a general reference for informational and educational purposes only. MAS does not control such Information, and is not responsible for the contents or availability of Information provided on the Web sites. Information is protected by copyright and subject to the Information Providers' terms of usage. Your use of any Information is subject to compliance with such terms of usage.
13. Our Service may include hyperlinks to other Web sites owned or operated by parties other than MAS. Neither MAS nor its Service Providers are responsible for the content or availability of such other Web sites. Inclusion of a hyperlink does not imply any recommendation or endorsement of the material or content on such third-party Web sites, nor any association with their operators. Under no circumstances will MAS or its affiliates be responsible or liable, directly or indirectly, for any loss, cost, judgment, penalty, claim action, damage, expense or attorneys' fees caused or alleged to have been caused in connection with the use or reliance on any content, goods or services available on such external Web sites.
14. You will not use Our Service, Content, or Information for any purpose that is unlawful, violates the rights of any third party, or which is otherwise prohibited by this Agreement. You will not transmit through Our Service any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable and which encourages conduct that would constitute a criminal offense or give rise to civil or criminal liability.
15. MAS does not guarantee the accuracy of the information and data supplied. MAS is not responsible for the quality or reliability of this information. You acknowledge that commentary, analysis or similar materials may contain forward-looking statements and that any Content, Information, software, or tools may not account for or reflect fluctuations in interest rates or other economic conditions and changes.
16. You acknowledge that not all strategies discussed on Our Service, the Contents or Information, are suitable for all, and that it is your sole responsibility to determine the suitability of such services and strategies for your own objectives. Any decision and/or strategy that you make or utilize, whether or not such decision or strategy derives from or relies upon information accessed or provided through Our Service, is done so at your sole discretion and risk.
17. By agreeing to this Agreement, or by giving MAS your electronic mail address (e-mail), you consent to the electronic delivery by MAS to you of all information relating to your account, new product offerings, pricing changes, and changes to your service (“Communications”).Your consent further authorizes MAS to deliver all such Communications to you by e-mail or by posting the Communication on the Web site where the Communication can be read and printed. You agree that this Agreement constitutes notice of such posting. Your consent further authorizes MAS to deliver Communications to you by giving you an e-mail that includes a hyperlink to an address on the World Wide Web or the Web site where the information is posted, and can be read and printed. Your consent further authorizes MAS to deliver a Communication to you by sending you a notice by e-mail, mail, telephone, or facsimile transmission which directs you to an address on the World Wide Web and/or a place within the Web site where the Communication is posted and from which it can be read and printed. You agree that such delivery shall be deemed effective delivery to you whether or not you access or review the Communication. It is mandatory that you maintain a subscription to any Communications, as described above. If you wish to no longer receive these Communications, you must cancel your account with MAS.
18. Subject to the provisions relating to Professional Users, Our Service is provided exclusively for your personal, non-professional and noncommercial access and use. You will not access or use the Services in any unlawful manner, for any unlawful purpose or in violation of this Agreement or applicable laws, rules and regulations. Other than as expressly allowed by this Agreement, you will not engage in the uploading, posting, decompiling, reverse engineering, disassembling, modification, copying, distribution, transmission, reproduction, republication, licensing, display, sale, or the transfer or creation of derivative products or other works of or from any product, service, information, content, software, message, advertisement or any other work found at, aggregated at, contained on, distributed through, linked to or from, downloaded to or from or in any other manner accessed from the Services ("Materials").
19. Permitted Use, Limitations on Use. You may display the Material from one location at a time on your monitor/ print screens only for your individual use, keeping all our copyright and other notices on the Material. You agree not to reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, or provide the information or services in any manner without the prior express written consent of MAS.
20. Our Service is provided for your convenience, and use of Our Service and any reliance upon any Materials, including any action taken by you because of such use or reliance, is at your sole discretion and risk.
21. You are solely responsible for your investment research, we are not the representations, warranties or other guarantees as to the accuracy or timeliness of any price quotes;
22. Our Service and the Materials may contain typographical errors or inaccuracies. MAS reserve the right, in their sole discretion, without any obligation and without any notice requirement, to: (1) improve and correct Our Service and the Materials and (2) suspend and/or deny access to Our Service and any of the Materials for scheduled or unscheduled maintenance, upgrades, improvements or corrections.
Termination of Service by MAS
Notwithstanding any provision in this Agreement, MAS reserves, in our sole discretion, the right to terminate Our Service or cancel any portion of Our Service to you at any time, without notice, and without cause.
Revision
Last revision date: September 16, 2007
Disclaimer : Market Alert Service would not be responsible for any losses incurred by the users due to delay or non-transmission of message (Price updates) for the fault of either mobile service provider or MAS.