Terms of Service
1. Acceptance of Terms
Prometheus Market Insight (PMI) provides its services to you subject to the following Terms of Service (TOS), which may be updated from time to time without notice to you.
2. Description of Service
PMI provides its subscribers with information and opinions relating to the financial markets (the “Service”). You understand and agree that the Service may include certain communications from PMI, such as administrative messages and service announcements, and that these communications are considered part of your subscription and, as such, you will not be able to opt out of receiving them. Any new features that augment the Service will be subject to the TOS.
3. Your Subscription Obligations
As a user of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service subscription form (such information being the “Subscription Data”) and (b) maintain and promptly update the Subscription Data to keep it true, accurate, current and complete. If you provide any information that is not true, inaccurate, not current or incomplete, PMI has the right to terminate your account and refuse any future use of the Service.
Your Subscription Data will not be shared with any third party.
You agree to indemnify and hold PMI and its employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
6. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the Service, use of the Service, or access to the Service.
7. Modifications to Service
PMI reserves the right at any time to modify, suspend, or discontinue a portion of the Service with or without notice. You agree the PMI shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
8. Subscription Termination
You agree that PMI may, under certain circumstances and without prior notice, immediately terminate your subscription and access to the Service. Cause for such termination shall include, but not be limited to (a) breaches or violations of the TOS, (b) requests by law enforcement or other governmental agencies, and (c) a request by you.
9. Disclaimer of Warranties
You understand and agree that:
(a) Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. PMI disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the fitness for a particular purpose and non-infringement.
(b) PMI makes no warranty that (i) the Service will meet your particular requirements, (ii) the Service will be uninterrupted, timely, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate, reliable, or profitable and (iv) the quality of any information or advice obtained through your use of the Service will meet your expectations.
(c) No information or advice obtained by you from PMI or through the Service shall create any warranty not expressly stated in the TOS.
10. Limitation of Liability
You understand and agree that PMI shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to damages for loss of profits, goodwill, use or other intangible losses resulting from (a) the use of or the inability to use the Service, (b) statements or conduct of any third party on the Service or (c) any other matter relating to the Service. PMI shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
11. General Information
Entire Agreement: The TOS constitute the entire agreement between you and PMI and govern your use of the Service, superceding any prior agreements between you and PMI.
Choice of Law and Forum: The TOS and the relationship between you and PMI shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and PMI agree to submit to the personal and exclusive jurisdiction of the courts located within the county of King, Washington.
Waiver and Severability of Terms: You agree that your PMI subscription is non-transferable and any rights to your PMI subscription terminate upon your death.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.