The following describes the terms and conditions (the “Terms and Conditions”) upon which OTC Newswire Inc. (the “Company” or “OTC Aware” or “We”) offers access to the Internet site found at www.OTCAware.com alongside its related country specific sites (the “Site”) to you the customer, irrespective of whether or not you are an Account (as defined below) holder (“You”) and the use of its services provided via the Site (the “Services”).
We reserve the right to amend, remove, or add to these Terms and Conditions at any time. Please check the “Last modified” heading at the bottom of this document to see when the Terms and Conditions were last updated. Any changes to the Terms and Conditions will become effective when we post the revised Terms and Conditions on the Site. Your use of the Site or Services, or your provision of personal information following any changes means that you accept the updated Terms and Conditions.
If, at any time, you do not wish to accept the Terms and Conditions, you may not use the Site. Any terms and conditions proposed by you which are in addition to, or which conflict with these Terms and Conditions are expressly rejected by the Company and will have no force or effect.
You understand and agree that OTC Aware may discontinue or change the Site at any time, without notice. You also understand and agree that OTC Aware may discontinue or restrict your use of this Site for any reason without notice.
As part of the process necessary to set up an account on the Site (an “Account”) and obtain access to certain parts of the Services, you will be required to either provide your full name, email address, password, and phone number (the “Registration Credentials”) or register via one of the Third Party Accounts (as defined below). You must ensure that your Registration Credentials are accurate, truthful and updated. We reserve the right to block the creation of your Account based on our inability to confirm the authenticity of your Registration Credentials.
Account via a Third Party Account.
Unless you log into your Account via a Third Party Account, please note that your email address and password which you provide as part of the Registration Credentials will be used to login in to your Account. You will be solely responsible for maintaining the confidentiality of your email address and password and must immediately notify us of any unauthorized use of your Account. You are solely responsible for all activity and usage on your Account, including, but not limited to, use of the Account by any third party authorized by you to use your email address and password.
We permit you to maintain only one Account to access the Services at any time and you hereby represent that you currently have no other Account(s).
We reserve the right to terminate your Account, in our sole discretion, at any time without notice. You may terminate your Account at any time by unsubscribing independently. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your Account will be terminated immediately.
Due to the number of sources from which the content presented on the Site is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and the Site.
THE CONTENT AND THE WEB SITE ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTIES. OTC NEWSWIRE INC AND OTC AWARE, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE SITE, OR THE SITE ITSELF, AND FUSION MEDIA HEREBY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED
IN NO EVENT SHALL OTC AWARE, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY OR TO ANYONE ELSE FOR ANY KIND OF FINANCIAL LOSS, LOST PROFITS, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR ANY OTHER SIMILAR DAMAGE OR ANY OTHER LOSS OR INJURY, RESULTING DIRECTLY OR INDIRECTLY FROM USE OF THE SITE, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SITE AND ANY CONTENT ON THE SITE.
IN NO EVENT SHALL OTC AWARE, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY OR ANY ONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT ON THE SITE OR THE SITE ITSELF.
Without limiting the foregoing, you understand that laws regarding financial contracts vary throughout the world, and it is your sole obligation to ensure that you fully comply with any law, regulation or directive, applicable to your country of residence with regards to the use of the Site. The ability to access to our Site does not necessarily mean that our Services, and/or your activities via the Site, are legal under the laws, regulations or directives applicable to your country of residence.
This Site does not constitute, and may not be used for the purposes of, an offer or solicitation to anyone in any jurisdiction in which such an offer or solicitation is not authorized, or to any person to whom it is unlawful to make such an offer or solicitation. Access to this Site, and the offering of financial contracts via this Site, may be restricted in certain jurisdictions, and, accordingly, users accessing this Site are required to inform themselves of, and to observe, such restrictions.
OTC Aware grants you a non-exclusive, non-transferable and limited personal license to access and use the Site (the “License”). This License is conditional on your full and continuing compliance with these Terms and Conditions. You agree not to “deep-link” to the Site, resell or permit access to the Site to others, and not to copy any materials appearing on the Site for resale or for any other purpose to others without the prior written consent of OTC Aware. You shall be responsible and bound by any unauthorized use of the Site, made in breach of this section. You agree not to use any electronic communication feature of Services on the Site for any purpose that is unlawful, tortious, abusive, and intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful. The License granted under these Terms and Conditions will terminate if OTC Aware believes that any information provided by you, including (but not limited to) your Registration Credentials, is no longer current or accurate, or if you fail to otherwise comply with any term or condition of these Terms and Conditions and all rules and guidelines for each of the Services. Upon such violation, you agree to cease accessing Services. You agree that OTC Aware, at its sole discretion and with or without notice, may terminate your access to any or all Services, and remove and discard any information or content within the Services.
Links to Third Party Sites
This Site contains hyperlinks to web sites operated by persons other than OTC Aware. Such hyperlinks are provided for your reference and convenience only. You agree not to hold OTC Aware responsible for the content or operation of such web sites. A hyperlink from this Site to another website does not imply that OTC Aware endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from this Site.
If you wish to make purchases from an area of the Site, you may be asked to supply certain information, including credit card, debit card, or other payment mechanism information.
You agree not to hold OTC Newswire Inc or OTC Aware liable for any loss or damage of any sort incurred as a result of any such dealings. You agree that all information you provide in connection with such purchase will be accurate, complete and current. You agree to pay all charges incurred by use of your credit card, debit card, or other payment mechanism at the prices in effect when such charges are incurred. You also will pay any applicable taxes relating to any purchases you make.
THE LIABILITY OF OTC Newswire Inc, ITS OFFICERS, DIRECTORS OR EMPLOYEES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF MONEY YOU TRANSFERRED TO FUSION MEDIA IN RELATION TO THE TRANSACTION GIVING RISE TO SUCH LIABILITY.
OTC Newswire Inc. may make available to you through one or more of its Services a broad range of financial information that is generated internally or obtained from agents, vendors or partners (“Third Party Providers”). This includes, but is not limited to, financial market data, quotes, news, analyst opinions, research reports, graphs and data (“Market Information”).
Market Information provided on the Site is not intended as investment advice. We do not endorse or approve the Market Information, and we make it available to you only as a service for your own convenience. OTC Newswire and its Third Party Providers do not guarantee the accuracy, timeliness, completeness or correct sequencing of the Market Information, or warrant any results from your use or reliance on the Market Information.
Market Information may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. Neither OTC Newswire nor the Third Party Providers are obligated to update any information or opinions contained in any Market Information, and we may discontinue offering Market Information at any time without notice. You agree that neither OTC Newswire nor the Third Party Providers will be liable in any way for the termination, interruption, delay or inaccuracy of any Market Information. You will not “deep-link”, redistribute or facilitate the redistribution of Market Information, nor will you provide access to Market Information to anyone who is not authorized by Fusion Media to receive Market Information.
Use & Access to the Site
You shall be responsible for providing and maintaining the means by which you access the Site, which may include, but is not limited to, your personal computer or mobile device, connectivity hardware, and telecommunication lines.
You shall be responsible for all access and service fees necessary to connect to the Site and assume all charges incurred by use of such connectivity services. You further assume all risks associated with the use and storage of information on your personal computer, mobile device or on any other computer or device through which you will gain access to the Site and the Services (hereinafter referred to as “Computer”).
You represent and warrant that you have implemented and plan to operate and maintain appropriate protection in relation to the security and control of your Computer and any information and data included therein.
You agree that OTC Newswire will not be liable in any way to you in the event of failure of or damage or destruction to your Computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or Computer equipment or software.
You will not in any way, whether directly or indirectly, expose OTC Newswire or any of OTC Newswire’s affiliates or online service providers to any computer virus or other similarly harmful or inappropriate material or device.
OTC Newswire reserves the right to suspend the operation of this Site or any part or sections of it at any time and no claims may be entertained against the Company in connection thereto.
You agree that OTC Newswire will not be liable in any way to you or to any other person in the event of force majeure (including, but not limited to, the act of any government or legal authority) or for the failure of or damage or destruction to your computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software.
You understand that while the Internet and the World Wide Web are generally reliable, technical problems or other conditions may delay or prevent you from accessing the Site.
OTC Newsire shall not be liable, and you agree not to hold or seek to hold OTC Newsire or any of its agents or service providers liable, for any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
Fusion Media does not represent, warrant or guarantee that you will be able to access or use the Site at times or locations of your choosing, or that we will have adequate capacity for the Site as a whole or in any geographic location.
OTC Newswire does not represent, warrant or guarantee that the Site will provide uninterrupted and error-free service. OTC Newswire does not make any warranties or guarantees with respect to the Site and its content, including but not limited to, warranties for merchantability or fitness for a particular purpose.
Without limiting the foregoing OTC Newswire will not be responsible for an impossibility to execute orders and requirements due to failures in the operation of informational systems caused by technical faults, which are beyond its control.
Trademarks and Copyrights
All rights, titles and interests in and to the contents of the Site, and the “OTCAware.com” and “OTC Newswire” trademarks, services marks, trade names, and logos are owned by OTC Newswire Inc, or its affiliates, or other licensors and are protected by copyright and trademark laws, and international treaties.
You agree not to delete any copyright notices or other indications of protected intellectual property rights from materials that you print or download from the Site. You will not obtain any intellectual property rights or any right or license to use such materials or the Site, other than as expressly set out in these Terms and Conditions.
Images displayed on the Site are either the property of OTC Newswire or its licensors. You agree not to upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights and the prior written consent of OTC Newswire.
Nothing contained on the Site may be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark without the written permission of Fusion Media or any third party that may own the trademarks. Your use of trademarks, or any other content of the Site, except as provided herein, is strictly prohibited.
You agree to fully indemnify, defend and hold harmless OTC Newswire, its corporate affiliates and their respective officers, directors and employees immediately upon demand from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and other charges whatsoever, howsoever caused, that may arise as a result of: (i) any breach of these Terms and Conditions by you or (ii) violation by you of any law or the rights of any third party.
Without prejudice to any other rights in these Terms and Conditions, if you breach in whole or in part any provision contained herein, OTC Newswire or any of its corporate affiliates which provides Services to you reserves the right to take such action as it sees fit, including (but not limited to) terminating any agreement in place with you, terminating or blocking the Services offered to you via the Site and/or taking legal action against you.
Governing Law and Court Jurisdiction
These Terms and Conditions shall be governed by the laws of Idaho, USA, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with OTC Newswire anywhere else in the world.
If any part of these Terms and Conditions are held unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Exclusive Court Jurisdiction: You agree to submit to the personal and exclusive jurisdiction of the courts located within Idaho to settle any dispute, which may arise in relation thereto.
The Services hereunder are offered by OTC Newswire Inc, registered at:
Idaho Secretary of State’s Office
PO Box 83720
Boise ID 83720-0080
It is important that you be fully aware of the following point: Using a high level of leverage to conduct foreign exchange transactions involves the risk that borrowing costs will be higher than the income which is derived from the assets.
The result of the above is that even a slight fluctuation of the market could mean substantial gains when these fluctuations are in your favor, but that could also mean considerable losses if the fluctuations are to your detriment.
Special Conditions Applicable to Tools
OTC Newswire makes available to you certain trading and investment tools (the “Tools”) which can be integrated within your website via the HTML code available from the “Tools” section of the Site (the “Code”). These special conditions (the “Special Conditions”) constitute a part of the Terms and Conditions and both are applicable to users who have integrated the Tools into their own websites. In the event of a conflict between a provision of these Special Conditions and any provision of the Terms and Conditions, then the Special Conditions shall prevail.
OTC Newswire does not and cannot guarantee or represent that any of the information and data made available via the Tools is real-time, accurate, complete, current or appropriate for your needs. Certain information and data made available via the Tools is obtained from Third Party Providers (defined above) who are generally understood to be sources of reliable information and data. However, due to a variety of different factors, including mechanical and human error, the timeliness, completeness, accuracy and correct sequencing of such information and data and results obtained from use thereof are not guaranteed by OTC Newswire.
ALL INFORMATION AND DATA MADE AVAILABLE VIA THE TOOLS IS PROVIDED ON AN “AS-IS” BASIS FOR INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED FOR ACTUAL TRADING PURPOSES OR MARKET ADVICE.
We may integrate advertising and links to third party websites within the Tools but does not endorse such advertising or the content and services which are provided on third party websites accessible via the Tools.
OTC Newswire and its employees, officers, directors, affiliates, agents or licensors will not be liable to you or any third party for any financial loss, lost profits, any special, incidental or consequential damage or any other similar damage or any other loss or injury, incurred as a result of delays, informational errors, inaccuracy or incompleteness of the information and data provided in the Tools or any actions taken in reliance thereon, or for the advertising or content and services which are provided on third party websites accessible via the Tools.
Subject to the terms and conditions set forth herein, OTC Newswire grants you a non-exclusive, non-transferable and limited license to access and use the Tools solely for your personal, non-commercial use (the “Tools License”). If you are using the Tools for commercial purposes, Fusion Media grants you a non-exclusive, non-transferable, limited license, for a trial period of one (1) month only to access and use the Tools (the “Trial License”) (the “Tools License” together with the “Trial License” are hereinafter referred to as the “Licenses”). After the Trial License expires, you agree to enter into a separate agreement with OTC Newswire in order to continue using the Tools. We have sole discretion in deciding whether your use of the Tools is commercial or non-commercial.
The Licenses are conditional on your full and continued compliance with these Terms and Conditions (including the Special Conditions). You agree not to resell or permit access to the Tools to others, and not to copy any materials appearing on the Tools for resale to others or for any other purpose without the prior consent of us. You agree not to use the Tools for any unlawful purpose. The Licenses will terminate if you fail to comply with any term or condition of these Terms and Conditions (including the Special Conditions). Upon such violation, you agree to cease making use of the Tools. You agree that OTC Newswire, at its sole discretion and with or without notice, may terminate your access to any or all Tools, and remove and discard any information or content within the Tools at any time, including during the Trial License.
Notwithstanding the grant of the Licenses, you agree and acknowledge that all right, title and interest in and to the Tools, the Code and all information and data made available therein including (but not limited to) trademarks, signs, trade names, domain names, images, pictures, graphics, photographs, animations, videos, music, audio and text belong to Fusion Media, its affiliates and/or the Third Party Providers (as applicable) and are protected by copyright and/or other intellectual property rights and/or other rights.
You are not permitted to make any alterations whatsoever to the Code including (but not limited to) alterations which hide or obscure advertising and links to OTC Newswire or affiliates or third party websites accessible via the Tools. You may not circumvent any mechanism included in the Code and/or Tools for preventing unauthorized reproduction or distribution. Without prejudice to any other right, OTC Newswire is entitled to immediately block use of the Tools on your website in the event that you breach these provisions.
Nothing in these Terms and Condition will create any obligation on OTC Newswire to pursue or consummate any business or other relationship with you.
Last Modified: July 7th 2016