Terms and Conditions and Subscription Agreement
All users of the ATC Analytics, LLC ("ATC Analytics") website or subscription services agree that access to and use of this site and the ATC Analytics software are subject to the following terms and conditions and Subscription Agreement and other applicable law. If you do not agree to these terms and conditions, please do not use this site or subscription services.
Below is the ATC Analytics Website and Data Subscription Agreement that all site visitors agree to and monthly and yearly subscribers are required to enter into at the time of their sign-up. This document contains important information about your rights and obligations relating to this site and to the ATC Analytics Subscription Services and its Information providers. Please read it carefully and make a copy of it for your reference.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a ATC Analytics, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site, recommend competitive products or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
ATC Analytics, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, ATC Analytics, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, ATC Analytics, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to ATC Analytics, LLC in its sole discretion.
Third-Party Links
In an attempt to provide increased value to our visitors, ATC Analytics, LLC may link to sites operated by third parties. However, even if the third party is affiliated with ATC Analytics, LLC, ATC Analytics, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of ATC Analytics, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, ATC Analytics, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Agreement
ATC Analytics, LLC ("ATC Analytics") provides and delivers software applications that display end of day financial market information including, but not limited to, stock quotes, news and other information (hereinafter referred to collectively as the "Service" or "Services") via high bandwidth connection. ATC Analytics and you (the "Customer") agree that the following terms and conditions of this Agreement will apply to your use of the Services designated during sign up (the "Sign-up Process"), and which is conditioned upon your acceptance of the terms, conditions, and notices contained in this Agreement. You acknowledge that you have read and understand the contents of this Agreement and agree to be legally bound by this Agreement. You represent and warrant to ATC Analytics that all statements you make in accessing the Services, software, products, data and information (collectively the "Products" and "Information"), including all information that you provide in the Sign-up Process are true, accurate and correct and that you have the authority to make such statements. You further acknowledge that by checking the box “I agree to the terms and conditions of the agreement” you recognize this Agreement to be legally valid and binding.
Certain information within the Service (the "Information"), such as quotations, news and other information received from various exchanges and other sources is provided through agreements between ATC Analytics and these sources, and other Sources as may now exist or may be added from time to time (collectively the "Source" or "Sources").
Term
This Agreement shall be effective upon acceptance by ATC Analytics and shall continue until terminated by either you or ATC Analytics as provided herein or as otherwise mutually agreed upon and provided for by separate written Agreement and/or attached signed Addendum.
Rates
The rates for Services and Information are as set forth on ATC Analytics’ website www.atcanalytics.com or as specifically set forth in this Agreement. The rates set forth in this Agreement do not include, taxes, tax-related or tax-like surcharges (Texas residents only are subject to tax). You are advised to visit ATC Analytics' website www.atcanalytics.com regularly to keep abreast of changes to Products, Services, Information, and Pricing.
From time to time we may offer Special discounts, coupons or promotions. These special offers can be used one time only per subscriber as identified by name, address, e-mail address, telephone number, or credit card number.
If there is a Monthly Special at the time of sign up, it may only be used with a Monthly Subscription. The yearly special is already discounted (2) two months and comes with a free Electronic Trading TNT book valued between $100 and $150 depending on the book.
Limitation on Use
You agree that the Information is solely for the internal use of you or your employees, if applicable, and is not for redistribution to any other person or entity, including but not limited to, any entity that is not wholly-owned by you; provided, however, that "internal use" shall be deemed to include use by third parties with whom you share, but not sell or beneficially provide, the Information, provided that the third party's use of the Information constitutes an integral and inseparable part of your business. Further, you agree the Information is limited to display on units licensed and authorized through the Sign-up Process and you will not use or permit anyone to use the Information in any unlawful manner.
Payments
Except as expressly provided herein or written Addendum or Amendment, you agree to pay ATC Analytics in advance by credit card the applicable monthly fees for the Services and other fees and charges as set forth in the Sign-up Process, together with any applicable federal, state or local sales, use, property or other taxes, duties, or assessments imposed on transactions hereunder. You acknowledge and agree that you will be financially responsible for any and all representations or misrepresentations by you, your employees, or customers relating to any and all ATC Analytics or Source documentation and agreements including any fees. Credit card charges will be submitted and applied to your account by ATC Analytics up to five (5) business days prior to the end of each monthly period for the next month period.
Cancellation /Termination
It is very important that you cancel your account via the method explained below to ensure proper account closure.
Closing an account cannot be done by simply canceling or not renewing your credit card. ATC Analytics will continue to treat this as an open account and send it through our billing cycle. The end result is a past due account that will incur additional fees. Please follow the below procedure to properly cancel an account.
All notice of cancellations must be in writing (e-mail or fax) and received by ATC Analytics at least 5 business days before the last day of the month to avoid charges for the next month. Otherwise, the regular scheduled billing for the subsequent month Services and Information is due and payable.
Cancellations are effective at 11:59 p.m. Central Time on the last day of the month.
Please send an e mail to:
You will receive a return e mail cancel response confirmation from us.
If you do not receive a return e mail cancel response confirmation from us, then for some reason (Usually SPAM capture) we did not receive your e mail requesting cancellation.
In the rare case that you do not receive a return e mail response from us then please Fax your cancellation notice to us at Please put the text “Cancel my account” on the first page.
Again, you should receive a return e mail confirmation response from us. If in the rarest of cases if both these methods do not work then please call us at and let the billing department know that you want to cancel your NexTrend subscription.
Monthly Subscriptions can be canceled at any time. Yearly subscriptions can also be cancelled at any time however; under no conditions are any Subscriptions subject to prorate, discount or refund in whole or in part at cancellation or termination.
ATC Analytics may terminate this Agreement and the Services and Information provided under this Agreement at any time without cause or notice or any liability to you in connection therewith. Upon termination of this Agreement, all fees and charges incurred to the date of termination shall become immediately due and payable. Under no conditions are Subscription fees subject to prorate, discount, or refund in whole or in part at cancellation or termination whether cancellation or termination is by User or ATC Analytics. In addition to, and not withstanding the above, if you attempt to use the Services or Information in a manner contrary to the terms of this Agreement or have, at ATC Analytics' sole discretion, failed to pay for the Services or Information provided or rendered by ATC Analytics, ATC Analytics has the right, in addition to such other remedies as may be available to it, to refuse, restrict, downgrade, suspend or terminate your access to existing, new or additional Services or Information, and to injunctive relief enjoining such acts or attempts, it being acknowledged that other legal remedies are inadequate. The remedies provided in this paragraph are without prejudice to any other remedy that ATC Analytics may have against you.
You agree that your arrangement with ATC Analytics for receipt of certain Information may be terminated if the agreement between ATC Analytics and any Source is terminated for any reason, and you acknowledge that the ATC Analytics or the Sources may have the right to cease providing Information to you at any time with or without notice and that neither the Source or ATC Analytics shall have any liability to you in connection therewith.
Failure To Pay Fees
Your failure to pay any applicable monthly fees or other charges in connection with the Services prior to the month of the Service shall constitute a material breach of this Agreement. ATC Analytics reserves the right, in addition to other remedies, to suspend, downgrade or terminate your access to the Services and/or Information, without notice, at any time following the breach of this Agreement. Such suspension, downgrade or termination of Services shall not relieve you of your obligations under the terms and conditions of this Agreement, and any relief of one portion of this Agreement afforded by ATC Analytics shall not be construed to be relief from any other portion of this Agreement. Further, you acknowledge and agree that ATC Analytics has the right to suspend or terminate your receipt of all or specific Information with or without notice, and that ATC Analytics shall not have any liability to you in connection therewith.
You may dispute charges, in writing, up to ten (10) days after billing by ATC Analytics. Charges greater than ten (10) days and not previously reported or included as disputed are considered to be accepted by you and not subject to further dispute.
Support
You acknowledge and agree that support for ATC Analytics' Products is limited to email support, and that support via chat or telephone is solely at ATC Analytics' discretion, with email being the preferred method for all non-critical issues. ATC Analytics will typically respond to emails within one (1) business day. ATC Analytics agrees to make best efforts to support the Products and Services in a timely manner, however you hereby acknowledge that ATC Analytics does not warrant or guarantee timely support via chat or telephone and shall not be subject to any liability whatsoever for such.
Proprietary and Trademark Rights
You acknowledge and agree that: (a) ATC Analytics and its information providers, including the Sources, are and shall continue to be the absolute owner of the Products and Information delivered as a part of the Service; (b) your right to use said Products and Information is derived solely from, and expressly limited by, the terms and conditions of this Agreement. You will not assert any claim of ownership over the Products and Information by reason of your use thereof, nor will you grant or create or suffer to exist any lien or other security interest in the Products and Information or any of your rights hereunder. "ATC Analytics", "NexTrend" and other products and feature names are service marks or registered trademarks (collectively the "Marks") of ATC Analytics and its affiliates licensed to ATC Analytics. You hereby acknowledge that the Information provided is the property of the various exchanges and other information providers or Sources and therefore subject to modification from the Sources and controlled by all copyright and other interests maintained by ATC Analytics or the Sources. You agree that you will not, or not cause to, reverse engineer, de-compile, disassemble or apply any process, technique, procedure or make any attempt to ascertain or derive the Information and/or the source code to the Products, which is a valuable trade secret of ATC Analytics, and shall use your best efforts to ensure that anyone you allow to access or use the Products or Services comply with this condition. In recognition of the valuable and proprietary knowledge and services made available to you by personnel of ATC Analytics and its affiliates, you agree that you will not, for the term of this Agreement, or a period of one (1) year from the date of termination of this Agreement, recruit, hire, assist others in recruiting or hiring, discuss employment with or refer to others for employment, whether as an independent contractor or employee (collectively referred to as "Recruiting Activity"), any person who is now, or within the twelve (12) month period immediately preceding the date of any such Recruiting Activity was an employee or contractor of ATC Analytics or its Subsidiaries or Affiliates.
Indemnification and Limitation on Liability
The market data information provided by ATC Analytics and/or its Sources is believed to be reliable but is provided "AS IS" and without any warranty of accuracy by ATC Analytics and/or its Sources. However, ATC Analytics and/or its Sources does not warrant or guarantee such accuracy and shall not be subject to liability for false, inaccurate, or incomplete information conveyed to you or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. ATC Analytics is not an investment advisor and the data, quotes, charts, and other information provided by ATC Analytics are not investment advice. ATC Analytics advises that you always consult an authorized financial professional to verify the accuracy of securities and other prices and information before making any investment or other financial decisions. This Agreement does not violate any agency requirements and ATC Analytics has the right to enter into this Agreement from its information a. ATC Analytics and/or its Sources are not responsible for, nor will they be in default under this Agreement due to, delays or failure of performance resulting from Internet service provider delivery problems or failure, or any communications delivery problems associated with your receipt of the data. Furthermore, ATC Analytics and/or its Sources are not responsible for nor will they be in default due to acts or causes beyond its control, including but not limited to: acts of God, strikes, lockouts, communications line or equipment failures, power failures, earthquakes, or other disasters.
YOU AGREE TO INDEMNIFY ATC ANALYTICS FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES (INCLUDING ATTORNEY'S FEES) AND DAMAGES ARISING OUT OF CLAIMS RESULTING FROM YOUR USE OF THE SERVICE, INCLUDING ANY CLAIMS THAT, IF THE ALLEGATIONS WERE TRUE, WOULD CONSTITUTE A BREACH OF THESE TERMS AND CONDITIONS, AND THAT IN NO EVENT WILL ATC ANALYTICS BE LIABLE TO YOU FOR ANY PROFITS OR LOSSES, OR ANY TAXES OR FEES ASSOCIATED THEREWITH, OR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM ANY ACTION OR INACTION RELATED TO AN INVESTMENT OR OPPORTUNITY TO INVEST.
LIABILITY UNDER THIS AGREEMENT FROM ANY AND ALL CAUSES INCLUDING, BUT NOT LIMITED TO, MALFUNCTIONS OR OPERATIONAL NEGLIGENCE, SHALL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL CHARGES PAID BY YOU FOR THE SERVICES DURING THE MOST RECENT MONTH. SUCH LIMITATION SHALL BE THE EXTENT OF ATC ANALYTICS'S LIABILITY REGARDLESS OF THE FORM IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT AGAINST ATC ANALYTICS, AND THE FOREGOING SHALL CONSTITUTE YOUR SOLE REMEDY. IN NO EVENT WILL EITHER PARTY BE RESPONSIBLE FOR LOST PROFITS OR SPECIAL INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCURRED OR EXPERIENCED ON ACCOUNT OF ENTERING INTO OR RELYING ON THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that neither ATC Analytics nor the Sources shall have any liability for the accuracy or completeness of the Information or for delays, interruption, or omissions therein. Further, you agree that ATC Analytics is not responsible for, nor will it be liable for, any services fees, data fees, third party fees or other fees levied or charged retroactively or in arrears by ATC Analytics or the Sources due to incorrect billing or other errors or omissions as may be discovered by regular or random auditing of accounts by the Sources or ATC Analytics.
Exclusions of Warranties
It is expressly understood and agreed to by the parties hereto that EXCEPT AS SPECIFICALLY PROVIDED HEREIN, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED.
Subscriber Information and Confidentiality
You are responsible for the confidentiality and use of your username(s), password(s), and account number(s) and you agree to notify ATC Analytics immediately by telephone and in writing by email or fax of any loss, theft, or unauthorized use of your username(s), password(s), or account number(s). You acknowledge that using the Service on two or more computers simultaneously is in violation of this Agreement. You agree to keep ATC Analytics informed of any changes to your personal account information including, but not limited to, new address, email, and payment information. You agree that ATC Analytics may share with other subsidiaries or affiliates or parties information gathered by ATC Analytics in the course of your use of the Services (see Privacy Policy) so long as those parties agree to keep this information confidential. All references in this Agreement to "you" and "your" shall be read as meaning the person executing this Agreement and each user of the Service pursuant to this Agreement and the user account established hereunder.
Applicable Law and Venue
This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Texas, except with regards to its rules regarding choice of law. Each party irrevocably consents to the exclusive jurisdiction of the courts of the State of Texas and the federal courts situated in the State of Texas, in connection with any action to enforce the provisions of this Agreement, to recover damages or other relief for breach or default under this Agreement, or otherwise arising under or by reason of this Agreement. This Agreement is not intended to be subject to or enforceable under the United Nations Convention on Contracts for the International Sale of Goods.
Modification of Terms
ATC Analytics reserves the right to modify at any time and without prior notice: (1) the terms and conditions of this Agreement, (2) the amount of fees charged for the Products and Information, and (3) the Sources, information, data and content associated with the Products and Information. You are advised to visit the ATC Analytics web site (http://www.atcanalytics.com) often for updated information.
Assignment
You shall not have the right to assign, sublicense, subcontract, reproduce, re-sell, or otherwise distribute, other than as provided for in this Agreement, any portion of ATC Analytics Services or Information provided by any Source to any person or entity through any medium or means of communication, or to make any use of the ATC Analytics Marks or ATC Analytics Services not expressly authorized by this Agreement, without ATC Analytics' prior written consent.
You may not assign your right, duties or obligations under this Agreement by operation of law or otherwise, except with written notice to ATC Analytics and express written agreement by ATC Analytics. Any assignment permitted by this section will not relieve you, or your successor(s), from its obligation under this Agreement unless expressly agreed upon by ATC Analytics.
Entire Agreement
Except as set forth herein and except as otherwise provided in this Agreement, the terms and conditions of this Agreement shall include all of the terms and conditions presented on ATC Analytics web site, as may be amended from time to time without notice. This Agreement, and any Attachments or Amendments attached hereto and made a part hereof, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all other representations, understandings or agreements that are not expressed herein, whether oral or written (except for unpaid amount owed by you to ATC Analytics). If any provision of this Agreement shall be deemed unenforceable, in whole or in part, that provision shall be severed or shall be enforced only to the extent legally permitted, and the remainder of the provision and the Agreement shall remain in full force and effect.
Other Terms and Conditions
Services provided by ZACKS, Inc., you agree to the following:
You shall not acquire any interest in or rights to the information provided by Zacks, except the right to receive such information in accordance with the provisions of this Agreement. No information shall be duplicated, re-transmitted, resold or redistributed by you. No information may be de-compiled, rearranged or otherwise reprocessed by you; nothing may be created by you using all or part of the information without the express written permission of ATC Analytics and Zacks.
Services provided by NewsWare, Inc. (News wires), you agree to the following:
You shall not acquire any interest in or rights to the information provided by NewsWare, except the right to receive such information in accordance with the provisions of this Agreement. No information shall be duplicated, re-transmitted, resold or redistributed by you. No information may be de-compiled, rearranged or otherwise reprocessed by you; nothing may be created by you using all or part of the information without the express written permission of ATC Analytics and NewsWare.
Services provided by Dow Jones & Company, Inc., you agree to the following:
The Dow Jones IndexesSM are proprietary to and distributed by Dow Jones & Company, Inc. and have been licensed for use. All content of the Dow Jones IndexesSM © 2007 is proprietary to Dow Jones & Company, Inc. You may not store the data for the purposes of creating a historical database or historical data product. You may not use any of the data in connection with the issuance, trading, marketing or promotion of investment products (e.g., derivatives, structured products, investment funds, investment portfolios, etc. where the price, return and/or performance of the investment product is based on or related to the data) without a separate written agreement with us, the information service provider or third party, as the case may be, that has ownership rights to the data (e.g. Dow Jones & Company, Inc., S&P, etc.).
Services provided by Barchart you agree to the following:
The financial charts, quotes and reports ("Information") from Barchart.com ("Barchart") is provided by Barchart.com Inc. ("Barchart"). Your use of Barchart Information constitutes your acceptance of this Agreement.
The Information provided by Barchart is owned by or licensed to Barchart and any user is permitted to store, manipulate, analyze, reformat, print and display information from Barchart only for such user's personal use. In no event shall any user publish, retransmit, redistribute or otherwise reproduce any information from Barchart in any format to anyone.
Prior to the execution of a security trade based upon information from Barchart you are advised to consult with your broker or other financial representative.
Barchart does not make any express or implied warranties (including, without limitation, any warranty of merchantability or fitness for a particular purpose or use) regarding information from Barchart. Information from Barchart is provided to the users "as is." Barchart will not be liable to any user or anyone else for any interruption, inaccuracy, error or omission, regardless of cause, in information from Barchart or for any damages (whether direct or indirect, consequential, punitive or exemplary) resulting therefrom.
The information contained in Barchart and all chart pages is compiled for the convenience of site visitors. Barchart furnishes this information without responsibility for accuracy and it is accepted by the site visitor on the condition that errors in transmission or omissions shall not be made the basis for any claim, demand or cause for action. The information and data were obtained from sources believed to be reliable, but we do not guarantee its accuracy. Neither the information, nor any opinion expressed, constitutes a solicitation of the purchase or sale of any securities, futures, or options.
The Information is not intended to provide tax, legal or investment advice. The Information does not constitute a solicitation by Barchart of the purchase or sale of securities.
Below please find listed all exchanges and indices covered by Barchart along with their respective time delays:
American Stock Exchange: 20 min, NASDAQ Stock Exchange: 15 min, New York Stock Exchange: 20 min, Canadian Venture Exchange: End-of-Day, Toronto Stock Exchange: End-of-Day, London Stock Exchange: End-of-Day, NYMEX/COMEX: 30-min, ICE Futures: US 30-min, ICE Energies: 30-min, WCE/KCBT/MGEX: 10-min, CME Group: 10-min.
Futures prices are quoted in Central Standard Time (CST), Equities prices are quoted in Eastern Standard Time (EST).
Services provided by ddfplus you agree to the following:
All information provided by ddfplus, llc ("ddfplus") and its affiliates (the "ddfplus Information") on the Barchart.com World Wide Web site is owned by or licensed to ddfplus and its affiliates and any user is permitted to store, manipulate, analyze, reformat, print and display the ddfplus Information only for such user's personal use. In no event shall any user publish, retransmit, redistribute or otherwise reproduce any ddfplus Information in any format to anyone, and no user shall use any ddfplus Information in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise.
Prior to the execution of a security trade based upon the ddfplus Information, you are advised to consult with your broker or other financial representative to verify pricing information.
Neither ddfplus nor its affiliates make any express or implied warranties (including, without limitation, any warranty or merchantability or fitness for a particular purpose or use) regarding the ddfplus Information. The ddfplus Information is provided to the users "as is." Neither ddfplus nor its affiliates will be liable to any user or anyone else for any interruption, inaccuracy, error or omission, regardless of cause, in the ddfplus Information or for any damages (whether direct or indirect, consequential, punitive or exemplary) resulting therefrom.
Data and information is provided for informational purposes only, and is not intended for trading purposes. Neither ATC Analytics, Barchart nor ddfplus shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon. By accessing this information, a user agrees not to redistribute the information found therein.
Execution of Theses Terms and Conditions
By checking the box “I agree to the terms and conditions of the agreement” during sign-up, you will execute the above Agreement with ATC Analytics to use their Services. You acknowledge that by checking the box "I Agree" you will accept all the terms and conditions of this Agreement and any Amendments or changes to this Agreement and agree to be legally bound thereby.
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