REAL TIME CHART SERVICES FOR NONPROFESSIONALS SUBSCRIPTION AGREEMENT




REAL TIME CHART SERVICES FOR NONPROFESSIONALS SUBSCRIPTION AGREEMENT

This real time chart service (the "Service") is an interactive on-line stock information and analysis program providing stock information and analytical tools for U.S. listed stocks. The Service is provided by IQ Parners, LLC ("IQ Partners") to the customers of Mr. Swing ("Mr. Swing") in accordance with the terms and conditions of this Subscription Agreement, as in effect from time to time. The Service may be included together with third party content, services and/or applications. This Subscription Agreement is specific to your use of this Service. Please refer to any separate terms of service for third party content, services and/or applications.

PLEASE READ THIS SUBSCRIPTION AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY CLICKING THE "I AGREE" BUTTON AT THE END OF THE AGREEMENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. IQ PARTNERS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. COPYRIGHT

The entire contents of the Service are protected under copyright laws and other intellectual property laws. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use. You may make: (a) one machine-readable copy, (b) one backup copy, and (c) one print copy of any portions of material downloaded from the different areas of the Service solely for your non-commercial use. Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of IQ Partners or any third party information provider to the Service. You agree not to change or delete any proprietary notices from materials downloaded from the Service. You agree that you shall have no recourse against IQ Partners for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

2.SUBSCRIPTION FEES AND EXCHANGE REQUIRED FEES

  • 2a. Subscription fees: Upon registration, you agree to pay IQ Partners the monthly charge in connection with your user name and password for the Service at the rates in effect when the charges were incurred. IQ Partners and Mr. Swing may change the subscription fees and/or add new charges, by giving you notice in advance. All charges incurred in connection with your user name and password will be billed to the credit card you designate during the registration process. You represent and warrant that you have the right to authorize any such charges to the designated credit card. You must notify Customer Service at support@swingtracker.iqchart.com in order to; (1) designate a different credit card; (2) any changes in your credit card's validity or expiration date; (3) if you believe someone has accessed the Service using your name and password without your authorization; or (4) to cancel the Service.

    You shall be responsible for any charges incurred to access the Service through an Internet provider or other third party service.

    NEITHER IQ PARTNERS NOR MR. SWING SHALL BE LIABLE FOR ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.

    Request for termination of the Service from you will take effect on the last day of the month in which we received your request. No partial refunds will be issued.

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  • 2b. Payment of Exchange Fees: You agree to pay IQ Partners as billed monthly, for and on behalf of each of the Exchanges (as applicable), the then current exchange fee as per the fee schedule published by each of the Exchanges from time-to-time (including any and all applicable federal, state or local taxes). Each Exchange's fees are subject to modification by each of them at any time, without prior notice to you. In addition, you agree to pay IQ Partners any penalties assessed against you by IQ Partners on behalf of any Exchange. Nothing herein shall limit IQ Partners' obligation pursuant to separate agreement between IQ Partners and any of the Exchanges (as applicable) to pay Exchange fees. NO REFUND OF EXCHANGE FEES IS AVAILABLE.

    • 3. DISCLAIMER OF WARRANTY

  • 3a. The Service is provided on an "AS IS, AS AVAILABLE" basis without warranty of any kind, either express or implied including, without limitation, any warranty of merchantability and fitness for a particular purpose of the information available through the Service. You assume total responsibility and risk for your use of the service. Neither IQ Partners nor Mr. Swing shall be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all services and other information provided through the Service. IQ Partners and Mr. Swing do not warrant that the Service will be uninterrupted or error-free or that defects in the Service will be corrected due to the number of sources from which information on the Service is obtained and the inherent hazards of electronic distribution.

  • 3b. In no event will IQ Partners or Mr. Swing be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use or inability to use the Service, or any information provided on the Service or downloaded from the service, even if IQ Partners, Mr. Swing or their respective authorized Service representatives have been advised of the possibility of such damages, or any claim attributable to errors, omissions, or other inaccuracies in the Service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, EACH OF IQ PARTNERS' AND MR. SWING's LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

    • 4. DEFINITION OF A NON-PROFESSIONAL SUBSCRIBER

    You are a non-professional if you meet all the following criteria for the entire term of our subscription:

    (a) You are subscribing in your own individual capacity and not on behalf of a firm, corporation, partnership, trust, or association.

    (b) You use the information solely in connection with your individual personal investment activities and not in connection with any trade or business activities.

    (c) You receive the information only at your stated location and via the identified equipment and do not furnish the information to any other persons.

    (d) You are not a securities broker-dealer, registered representative, investment advisor, futures commission merchant, commodities introducing broker or commodity trading advisor, member of the Securities Exchange or Association or Futures Contract market, or any owner, partner, or associated person of the foregoing.

    (e) You are not employed by a bank or an insurance company or an affiliate of either to perform functions related to securities or commodity futures investment or trading activity.

    You are a professional investor if you fail to meet any of the criteria outlined above.

    5. INDEMNIFICATION

    You agree to indemnify, defend and hold harmless IQ Partners and Mr. Swing, their respective officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorney's fees resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your Service account.

    6. MISCELLANEOUS

    This Agreement shall all be governed and construed in accordance with the laws of the State of Washington applicable to agreements made and to be performed in Washington. You agree that any legal action or proceeding between IQ Partners and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Seattle, Washington. IQ Partners' or Mr. Swing's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

    We reserve the right to send subscribers service e-mails notifying you of operational or other changes that may affect or significantly change the current services offered. Please note that subscribers cannot opt out of such service e-mails because these service e-mails provide information critical for the operation of the service.

    7. OVERVIEW OF PROVIDED STOCK DATA

    This overview is not intended to be a comprehensive description of the data provided the Service. A more detailed explanation of provided data can be found in the separate agreements, as provided elsewhere for each exchange. This section is designed merely as a quick overview of data provided as part of the Service.

    Real-time Data consist of the following:

    • NYSE and AMEX - (1)all last sale prices that reflect completed transactions in respective exchange listed equity securities; (2)bid and ask quotations; and (3) cumulative volume trade on each traded security.
    • NASDAQ LEVEL 1 - with selected data including (1) Real-time inside quotes (highest bid and lowest ask) for all Nasdaq National Market and Nasdaq Small Cap Market issues; and (2) Real-time prices for certain Nasdaq Indices.
    • NASDAQ LAST SALE SERVICE - with selected data including (1) Real-time last trade prices for each Nasdaq National Market and Nasdaq SmallCap Market issue; (2) Culmulative trade volume; (3) Limited real-time OTCBB trade information and other OTC equities; and (4) Real-time prices for certain other Nasdaq indices.

    I HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT WITH IQ PARTNERS AND MR. SWING.
    I FURTHER DECLARE THAT I AM A NONPROFESSIONAL SUBSCRIBER AS DEFINED IN SECTION 4 ABOVE.

    I HAVE READ AND AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH IN THE NYSE AND AMEX AGREEMENT "APPLICATION AND AGREEMENT FOR THE PRIVILEGE OF RECEIVING LAST SALE INFORMATION AND BOND LAST SALE INFORMATION AS A NONPROFESSIONAL SUBSCRIBER". SHOULD MY STATUS CHANGE FROM A NONPROFESSIONAL TO A PROFESSIONAL SUBSCRIBER, I WILL NOTIFY SUPPORT@SWINGTRACKER.IQCHART.COM WITHIN 20 DAYS OF SUCH CHANGE IN MY STATUS.