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Guardian Financial Technologies, Inc.

Terms & Conditions / Data Services Agreement

CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE ACCEPTED BY DOWNLOADING, INSTALLING AND/OR USING THESE DATA SERVICES.
Guardian Financial Technologies, Inc.,(Guardian) receives from market exchanges, market data and has developed data distribution capabilities and provides licenses to users for distribution of market data. The market data distribution will be referred to the "Data". If you do not agree with these terms, do not install or use the Data. NOW, THEREFORE, in consideration of the mutual promises set forth herein, Guardian and you, the Licensee, agree as follows:

  1. License
    Guardian hereby grants to Licensee a perpetual, non-exclusive, limited license to use the Data as set forth in this Agreement.
  2. Restrictions
    Licensee shall not modify, copy, duplicate, reproduce, rent, reverse engineer, decompile, disassemble, create derivative works based on Data, license or sublicense the Data, or transfer or convey the Data or any right in the Data to anyone else without the prior written consent of Guardian; provided that Licensee may make one copy of the Data for backup or archival purposes. The Data will only be used on a single personal computer unless otherwise agreed upon.
  3. Fees
    In consideration for the granting of the Data license, the use of the Data, and access to Guardian Data Services, the Licensee agrees to pay Guardian the required fees as agreed when account was setup and/or when later modified.
    1. Data fees are paid monthly or annually and are due by the first day of each month or by the first day of the annual period.
    2. Data fees are not refundable.
    3. Data fees require a current and valid credit card. If at any time the credit card company declines the credit card transaction, Guardian, at its option, may discontinue to service the Licensee without notification.
  4. Cancellations
    The date of the cancellation will be the last day of the month in which it was received or the last day of the requested month. Following the date of cancellation there will be no usable data on your system.
  5. Warranty of Title
    Guardian hereby represents and warrants to Licensee that Guardian is the owner of the Data or otherwise has the right to grant to Licensee the rights set forth in this Agreement. In the event any breach or threatened breach of the foregoing representation and warranty, Licensee's sole remedy shall be to require Guardian to either: i) procure, at Guardian's expense, the right to use the Data, ii) replace the Data or any part thereof that is in breach and replace it with Data of comparable functionality that does not cause any breach, or iii) refund to Licensee the full amount of the license fee upon the return of the Data and all copies thereof to Guardian.
  6. Warranty of Functionality
    THE DATA AND THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you.
  7. Warnings and Disclaimer:
    Guardian'S WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This Data is provided for INFORMATIONAL and EDUCATIONAL purposes only. Nothing in the Data, when presented either by chart or in text is to be taken as trading advice. Any trades placed upon reliance on the Data are taken at your own risk for your own account. You should consult your broker or financial advisor before placing any trade.
    1. This is not an offer to buy or sell futures, options or commodity interests. There are no guarantees or certainties in trading. Trading involves hard work, risk, discipline and the ability to trade through any tough periods during a system's draw-downs. If you are looking for guarantees, trading is probably not for you. While there is great potential for reward trading commodity futures, options, cash currencies and other leveraged transaction products, there is also SUBSTANTIAL RISK OF LOSS. Because the valuation of leveraged transaction products may fluctuate greatly, it is possible to lose more than the amount originally invested. These products are not suitable investments for everyone. Consider your financial condition before deciding to invest or trade.
    2. Hypothetical or simulated performance results have certain inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not actually been executed, the results may have under-or over-compensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are also subject to the fact that they are designed with the benefit of hindsight. No representation is being made that any account will or is likely to achieve the profits or losses similar to any results shown. Past performance does not guarantee future results.
    3. There may be tax consequences for short term profits/loss on trades. Consult your tax advisor for details on this if applicable.
  8. Limitation of Liability
    Guardian shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, whether based on lost revenue, trading loss or otherwise, regardless of whether Guardian was advised of the possibility of such losses in advance. In no event shall Guardian's liability hereunder exceed the amount of license fees(not data fees) paid by Licensee, regardless of whether Licensee's claim is based on contract, tort, strict liability, product liability or otherwise.
  9. Indemnification
    You agree to indemnify and hold harmless Guardian, its affiliates, officers, directors, employees, agents and representatives and the Data Providers and their respective officers, directors, employees, agents and representatives, from and against any and all claims, including, but not limited to, any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorney's fees, of every kind and nature, arising from or relating to your use of the Websites or the Services or the information made available through the Websites or the Services, and/or your violation of these Website Terms and Conditions or any third party's rights, including, but not limited to, copyright, proprietary rights, privacy rights, and rights under defamation law.
  10. Disclaimer of Right to Sue
    You release Guardian, including its officers, directors, employees, or any other agents, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute with any user of any of the Websites or Services, or arising in any way from content posted to any of the Websites by any third party. If you are a California resident, you waive California Civil Code 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
  11. Notice
    Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight delivery services. If to Guardian: Legal Department Guardian Financial Technologies, Inc. 4775 Centennial Blvd, Suite 105 Colorado Springs, Colorado 80919 legal@guardianfs.com
  12. Governing Law
    This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado.
  13. No Assignment
    Neither this Agreement nor any interest in this Agreement may be assigned by Licensee without the prior express written approval of Guardian.
  14. Final Agreement
    This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties.
  15. Export Controls Laws
    This agreement is subject to United States export controls. No Data from this site may be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria, or any other country to which the United State has embargoed goods, or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using Data from this site, you are agreeing to the foregoing and you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
  16. Termination
    The license will terminate automatically if you fail to comply with the limitations described herein or if the Services are terminated or expire. On termination of this license, you must destroy all copies of the Data in your possession or control.
  17. Severability
    If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
  18. Headings
    Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. IN WITNESS WHEREOF, Guardian and Licensee have executed this Exchange Data License Agreement concurrent with the download and or first use of the Data.