Subscriber Terms and Conditions
Telvent DTN, LLC. (hereinafter referred to as "Kinetick") operates online or electronic services that distributes various information (the "Service").
Your access to the Service is conditioned upon acceptance of this Agreement. To accept these terms, click "Accept" under all applicable sections. Clicking "Accept" means that You agree to the terms and conditions set forth herein. Clicking "Reject" means that You do not agree to these terms and conditions, at which time you will not be allowed to access the Service.
All of the terms and conditions agreed to for the Service, including terms and conditions of certain Sources, may collectively and hereinafter be referred to as the "Agreement". The business entity, person, or user entering into this Agreement may be referred to as the "Subscriber", "I", "My", "You", or "Your", and all such terms may be used interchangeably throughout this Agreement. Kinetick and Subscriber may hereinafter be referred to each as a "party" or collectively as the "parties".
Part 1 - Subscription Period
SUBSCRIPTION PERIOD: I hereby agree to subscribe to the Service for the period that I select during the registration process ("Initial Term") commencing on the date that the Service is first made available. Upon expiration of such Initial Term, this Agreement shall automatically be renewed for successive renewal terms (each a "Renewal Term") equal to the Initial Term and at then-current Kinetick prices, terms, and conditions unless either party provides written notice of non-renewal to the other party at least fifteen (15) days in advance of the Initial Term or any Renewal Term. The Initial Term and Renewal Term may hereinafter be referred to collectively as the "Term".
NON-RENEWAL OF SERVICE: Subscriber must notify Kinetick by completing the online cancel request form located at https://kinetick.com/Help#!Help_CancelService if it elects non-renewal of the Initial Term or any Renewal Term provided under this Agreement.
Part 2 - Payment Terms
I hereby agree to pay any and all fees for the Services that I elect to purchase, including any fees required by the Sources (i.e. Chicago Mercantile Exchange, Kansas City Board of Trade, NASDAQ, etc.), or which are required to change or upgrade the Service, or renew it beyond the Initial Term. If Kinetick or its Sources change or increase the fees for or associated with the Service, then Kinetick will notify Subscriber of such changes at least thirty (30) days prior to the end of the Initial Term or any subsequent Renewal Term. All such fees exclude sales or use taxes (PST and GST taxes for Canadian Subscribers), and Subscriber may also be charged for any applicable federal, state, or local taxes as required by taxing authorities. Subscriber hereby agrees to make all payments under this Agreement by credit card and in U.S. dollars. Customer shall be liable for all costs of collection, including attorney’s fees.
Part 3 - General Terms & Conditions
License Grant and Limitations of Use. Kinetick herby grants Subscriber a limited, non-exclusive, non-transferable license to use the Service solely for its personal or internal business purposes only. Subscriber shall not reproduce, publish, distribute, or sell the Service in any manner or format without the express written consent of Kinetick. Subscriber further warrants that it shall not allow any person or entity to intercept or otherwise obtain, directly or indirectly, Kinetick’s transmission of the Service. If Subscriber manually or automatically transfers the Service to any data processing and/or storage devices, then Subscriber’s agrees that the Service will be displayed on a single terminal or video screen and will fully comply with all Source rules and policies.
Regulators and Sources. A portion of the information transmitted through the Service may consist of prices, quotations, news, and related market and statistical information in regards to certain market data, securities, or commodities, and Kinetick has obtained a license to distribute such information through the Service from various 3rd parties, including but not limited to certain exchanges and contributors, each of which may referred to as a “Source”. Subscriber agrees and acknowledges that the Service is the exclusive property of Kinetick and its Sources, not within the public domain. Subscriber shall comply with rules and regulations, including but not limited to any reporting requirements, which are applicable to each Source or governmental entities having jurisdiction. Subscriber agrees to execute and deliver to Kinetick all agreements and other information required by each applicable Source and further agrees to execute and deliver to Kinetick any amendments to any agreements with or required by the Sources which may be required in the future. Subscriber understands and acknowledges that some sources have reserved the right to terminate Service prior to the end of this Agreement. In such event, Kinetick’s obligation to provide Service from a terminating Source shall cease and Subscriber’s payment obligation shall be adjusted accordingly. Nevertheless, the balance of this Agreement shall not be affected by such partial termination. Further distribution of the Service beyond the limitations outlined herein may subject Subscriber to penalties, fines, additional fees, or liabilities imposed by the Sources, all of which are the sole responsibility of Subscriber. Subscriber further agrees and acknowledges that Kinetick may disclose Subscriber information (except for credit card information) to any Source, government, or regulatory agency without liability to Kinetick for such disclosure.
Warranty. Subscriber agrees and acknowledges that any Service provided pursuant to this Agreement is only advisory in nature, and that the Service may be based on data provided by 3rd parties. Subscriber further agrees and acknowledges the highly speculative nature of the financial and commodity markets, and understands that there are no claims, promises, representations, or warranties of any nature, expressed or implied, with respect to the Service. Kinetick cannot and does not warrant or assume responsibility for the accuracy of the Service. Kinetick’s sole obligation and Subscriber’s exclusive remedy in the event of any material and continuing non-conformity, defect, or error in the Service shall be to take reasonable corrective actions upon discovery of the problem.
LIMITED LIABILITY AND INDEMNIFICATION. NOTWITHSTANDING THE FOREGOING, NEITHER Kinetick NOR ANY OF ITS SOURCES MAKE ANY WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE TO BE PROVIDED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY AS TO THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SERVICE FOR ANY PARTICULAR USE OR PURPOSE, OR ANY WARRANTY THAT SUCH SERVICE MAY BE RELIED UPON FOR TRADING PURPOSES (SUBSCRIBER SHALL INDEPENDENTLY DETERMINE MARKET PRICES FOR TRADING PURPOSES THROUGH ITS OWN CUSTOMERY TRADING CHANNELS). IN NO EVENT WILL Kinetick OR ANY OF ITS SOURCES BE LIABLE FOR ANY LOSS, LIABILITY, DAMAGE OR EXPENSE IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE BY Kinetick OR ITS SOURCES, AND IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF Kinetick OR ITS SOURCES UNDER THIS AGREEMENT (INCLUDING ANY ADDENDA) EXCEED THE TOTAL SERVICE FEES PAID BY SUBSCRIBER TO Kinetick DURING THE PRECEDING ONE MONTH PERIOD. IN NO EVENT WILL Kinetick, ITS SOURCES, OR THEIR MEMBERS, OFFICERS, SHAREHOLDERS, DIRECTORS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFIT OR LOSS OF BUSINESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF Kinetick HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBSCRIBER WILL INDEMNIFY AND HOLD HARMLESS Kinetick AND ITS SOURCES FROM ANY CLAIM (NOT EXCLUDING THE RIGHT OF Kinetick OR ITS SOURCES TO PARTICIPATE) DUE TO SUBSCRIBER’S BREACH OF ANY PROVISION UNDER THIS AGREEMENT, OR DUE TO ANY DELAY, INACCURACIES, ERRORS, OR OMISSIONS OF SERVICE OR DATA PROVIDED BY Kinetick, AND SHALL PAY FOR ALL EXPENSES AND ATTORNEYS’ FEES RELATING TO SUCH CLAIM.
Termination by Kinetick. Kinetick or its Sources may discontinue the Service, or any portion thereof, for cause and without notice, if Subscriber commits any material breach of this Agreement, including but not limited to, the failure of Subscriber to make any payments due hereunder. In addition, Kinetick or its Sources may discontinue the Service, or any portion thereof, without cause and upon thirty (30) days notice to Subscriber, in which case Subscriber will only be liable for the Service fees due up through the date of termination.
Confidentiality. Subscriber acknowledges, consents, and agrees that Kinetick may access, preserve, or disclose its account information, and any consent if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal processes, (ii) enforce any agreement between Subscriber and Kinetick, (iii) respond to claims that any content violates the rights of 3rd parties, (iv) respond to Subscriber’s request for customer service, or (v) protect the rights, property or personal safety of Kinetick, its customers, and the public. Notwithstanding the foregoing, any and all information or material which is marked proprietary or confidential and is disclosed or communicated to either party by the other as contemplated by the terms of this Agreement shall remain confidential and proprietary to the disclosing party and shall be used by the receiving party in accordance with the same procedures which such party uses to protect its own proprietary information, unless such information or material (i) is already known to the party receiving it, (ii) is or becomes publicly known through no wrongful act of the receiving party, (iii) is received from a 3rd party without restriction and without breach of this Agreement, (iv) is independently developed by the receiving party, (v) becomes public knowledge by any means beyond the receiving party's control, or (vi) is required by law to be disclosed.