Consent to Terms and Conditions
You have accessed the website of T3I Pty Ltd. and its subsidiaries (collectively, “T3” or “Company”). In addition, the terms “we,” “us,” and “our” refer to the Company. This Terms and Conditions Agreement (the “Agreement”) is a legal contract between you and T3 and applies to your use of this SPIKESTM Analytics website (the “Website”),including any information and materials therein and any software that T3 makes available that allows you to access the Website from a mobile device (“App”).
Unless otherwise noted, all references to “Website” shall include any App and any information and materials available via the Website or an App. By accessing all or any part of this Website, you fully accept and agree to comply with all of the terms and conditions set out in this Agreement.
You may not use this Website except as expressly provided in this Agreement. Your use of the Website signifies that you are agreeing to be legally bound to and accept all of our terms and conditions and privacy policies described herein, as amended from time to time, or otherwise contained on or referenced in this Website. If you do not agree with the terms of this Agreement, you are not authorized to access and use the Website or any of the data (the “Data”) contained therein.
The Company reserves the right to modify this Agreement at any time without prior notice to you. You should review this Agreement whenever you use the Website. You may print and keep a copy of this Agreement at any time. Notwithstanding the foregoing, your use of the Website following any modification to this Agreement will irrespectively constitute your acceptance of the Agreement, as amended.
By use of this Website and/or the Data contained therein, you hereby represent, warrant and covenant that:
(i) you have read, understand and agree to be bound by this Agreement;
(iii) you have the power, competence and authority to accept this Agreement;
(iv) you are at least eighteen (18) years old;
(v) you shall not use any rights granted hereunder for any unlawful purpose;
(vi) you shall use the Website only as set forth in this Agreement and for your own personal and noncommercial use;
(vii) your use of the Website is subject to all applicable international, federal, state, and local laws governing such use; and
(viii) you will neither interfere with nor disrupt the Website and/or the networks connected to the Website.
This Website and the Data contained therein is for informational and educational purposes only. None of the information contained in this Website constitutes a solicitation, offer, opinion or recommendation by T3. The design and functionality of, as well as the materials and content contained in, the Website, including but not limited to documents, designs, logos, graphics, artwork, images, photographs, audio clips, video clips, databases, text, HTML and other material on the Website, including the selection and arrangement thereof, copyrights, trademarks, service marks and tradenames ("Materials") are owned, licensed, or controlled by T3 or the party credited as the owner, licensor, or provider of such Materials. The Materials on the Website are protected by copyrights, trademarks, service marks, and/or other proprietary rights and laws of the United States and other countries as applicable.
You acknowledge and agree to comply with all applicable intellectual property laws and other local, state, federal and/or international laws, as well as any additional notices or restrictions contained on the Website. Unauthorized use of this Website and the Materials contained in this Website may violate applicable copyright, trademark, patentor other intellectual property laws or other local, state, federal or international laws. The copyrights, trademarks, service marks and any other proprietary Material displayed in this Website are registered and common law copyrights, trademarks, service marks and proprietary material of the Company and various third parties. Nothing contained in this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Materials or proprietary material without the express written consent of the Company or such other party as may own the proprietary rights.
Except as specifically permitted by this Agreement, any use of the Materials contained or provided through this Website is strictly prohibited. Notwithstanding the foregoing, you may view, print and download a single, unaltered, permanent copy or one temporary copy in a single computer’s memory of the Materials for your personal and non-commercial use; provided, however, that you maintain all copyright, trademark and other notices contained on the Materials of the Company. You may not otherwise copy, reproduce, alter, store (a hard copy or in an electronic retrieval system), license, transmit, display, broadcast, create a derivative work from, publish, rent, sublicense, distribute or otherwise use in whole or in part in any other manner the Materials without the prior written consent of the Company, except to the extent that such use constitutes “fair use” under the “Copyright Act of 1976,” as amended from time to time. Request for such consent must be made in writing to the Company.
DUE TO THE NUMBER OF SOURCES FROM WHICH THE MATERIALS ARE OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, ERRORS OR INACCURACIES IN THE MATERIALS, AND ALTHOUGH THE MATERIALS PROVIDED ON THE WEBSITE HAVE BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, THEY ARE PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. THE COMPANY, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, AGENTS, (COLLECTIVELY, “REPRESENTATIVES”), THIRD-PARTY PROVIDERS, LICENSORS, LICENSEES AND THEIR RESPECTIVE ASSIGNS CANNOT AND DO NOT MAKE ANY REPRESENTATIONS AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIM WITH RESPECT TO THIS WEBSITE, AND THE MATERIALS CONTAINED THEREIN, ALL WARRANTIES, EITHER EXPRESSED, IMPLIED, OR STATUTORY TO YOU AND/OR TO ANY THIRDPARTY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, RELIABILITY, NON-INFRINGEMENT, OR ANY REPRESENTATIONS OR WARRANTIES ARISING FROM USAGE OR CUSTOM OR TRADE OR BY OPERATION OF LAW. ACCORDINGLY, IN NO EVENT SHALL THE COMPANY, ITS REPRESENTATIVES, THIRD-PARTY PROVIDERS, LICENSORS, LICENSEES, AND THEIR RESPECTIVE ASSIGNS BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, LOST PROFITS OR LOST OPPORTUNITIES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES FOR (A) ANY ERRORS OR OMISSIONS IN THE MATERIALS OR OTHER RESOURCES AND DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THE MATERIALS; (B) ANY DELAYS, ERRORS OR INTERRUPTIONS IN THE TRANSMISSION OF ANY INFORMATION; OR (C) LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE. THE FOREGOING LIMITATION SHALL BE APPLICABLE TO YOU WHETHER OR NOT A CLAIM ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
The Materials in this Website have been prepared for informational and/or educational purposes only without regard to any particular user’s investment objectives, financial situation or means. Neither the Company nor any of its Representatives are soliciting any action based on it. The Materials in this Website are not to be construed as a recommendation or offer to buy or sell or the solicitation of an offer to buy or sell any security, financial product or instrument; or to participate in any particular trading strategy in any jurisdiction in which such an offer or solicitation, or trading strategy would be illegal. YOU ARE HEREBY ADVISED TO SEEK THE ADVICE OF QUALIFIED FINANCIAL AND/OR SECURITIES PROFESSIONALS REGARDING THE EVALUATION OF ANY SPECIFIC SECURITY, INDEX, REPORT, OPINION, ADVICE OR OTHER MATERIALS. Options involve risk and are not suitable for all investors. Prior to buying or selling an option, a person must receive a copy of Characteristics and Risks of Standardized Options (also known as the options disclosure document or “ODD”). Copies of the ODD are available from your broker, by calling 1-888-OPTIONS, or from The Options Clearing Corporation, One North Wacker Dr., Suite 500, Chicago, IL 60606.
The Company does not make any guarantees, representations or warranties as to, and shall have any liability for, any electronic content delivered by any such third party sponsoring organization, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content, or the use of any personal information you provide to any such website. The Company reserves the right in its sole discretion to discontinue links to any other websites at any time and for any reason. The Company provides links to other websites solely as a convenience to its users, and the inclusion of any link does not imply endorsement by the Company of the third party sponsoring organization and/or its website. Your use of such links is entirely at your own risk. The Company prohibits caching, unauthorized hypertext links to the Website and the framing of any Materials available on its Website. The Company reserves the right to and shall disable any unauthorized links or frames and disclaims any responsibility for the content available on any other site reached by links to or from this Website.
Changes to these Terms and Conditions
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms and conditions of these Terms and Conditions, or to change or discontinue any aspect or feature of the Site, including, but not limit to, its content, hours of availability or the equipment needed for access or use. The Site will notify visitors of the existence and location of the new or revised policy, the sole notice shall be posting the new or revised policy on the Site. Any changes to the Terms and Conditions will be binding and effective immediately upon posting on the Site. Any changes to the Terms and Conditions will be binding and effective immediately upon posting on the Site. Your continued access to and use of the Site shall constitute your acceptance and agreement to be bound by any such changed terms. You should check back frequently and review the terms and conditions of these Terms and Conditions regularly so that you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. No employee, contractor, agent or representative of Company or its subsidiaries or affiliates is authorized to alter or amend these terms and conditions except by means of a written document executed by an authorized officer of the Company.
You agree, at your expense, to indemnify, defend and hold harmless the Company, its officers, directors, members, trading permit holders, trading privilege holders, participants, users, employees, affiliates, subsidiaries, agents, third party suppliers and owners of Materials, and assigns from any and all claims, suits, actions, or other proceedings based on or arising in connection with the Website or any links on the Website, including, but not limited to: (a) a violation of the Agreement by you or any other person using your computer (or account); (b) your access to and use of the Website; (c) a claim that any use of the Website by you or any other person using your computer (or account) infringes any intellectual property rights of any third party, or any right of publicity or privacy, is libelous or defamatory, or otherwise results in injury or damage to any third party; (d) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Website by you or any other person using your computer (or account); (e) any misrepresentation or breach of representation or warranty made by you contained herein; or (f) any breach of any covenant or agreement to be performed by you hereunder. The Company’s cooperation in such defense is made without waiver of any attorney-client, work-product, or other legal privileges. You agree to be responsible and liable for any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
Either you or the Company may terminate the Terms with or without cause at any time and effective immediately. You may terminate the Terms by discontinuing the use of the Website and destroying all Materials obtained from the Website. These Terms will terminate immediately without notice from the Company if the Company determines that you have failed to comply with any provision of these Terms. The Company reserves the right to seek all remedies available at law and in equity for your violation of these Terms. Upon termination by you or upon notice of termination by the Company, you must destroy promptly all Materials obtained from the Website. Any other provision of this Agreement that by its nature should survive shall survive any termination of the Agreement.
If any provision in the Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This agreement, and your rights and obligations hereunder, shall be governed by the laws of the State of New York. PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF NEW YORK OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF NEW YORK FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
Any and all warranties, provisions, rights and obligations of the parties herein described and agreed to be performed subsequent to the termination of these Terms and Conditions shall survive the termination of these Terms and Conditions. This Agreement constitutes the entire agreement between you and the Company, and it supersedes any and all other agreements, oral or in writing, with respect to the Website and the Materials contained therein. The failure of the Company to insist upon strict compliance with any term or provision shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. All of our rights and obligations under these Terms and Conditions are freely assignable by us in connection with a merger, acquisition or sale of our assets.
© T3I Pty Ltd. All Rights Reserved.