This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web Site owned and operated by Mobile Interactive LLC (“Mobile Interactive”) , a California entity, and located at www.tickwatcher.com (“TickWatcher.com”). By accessing and using our websites you agree to be bound by the terms and conditions of this Agreement and Mobile Interactive’s Privacy Policy, as they may be amended in the future.
By accessing and using the information, tools, features and functionality located on TickWatcher.com or its associated email, telephone, and other messaging systems (collectively referred to as the “Service”), you are entering into a binding contract with Mobile Interactive and you agree to be bound by all of the terms and conditions of this Agreement, whether you are a “Visitor” (that is, you have not registered with TickWatcher.com) or you are a “Registered User” (that is, you have registered your account with TickWatcher.com). The term “you” or “User” refers to a Visitor or a Registered User. The terms “we”, “us” and “our” refer to Mobile Interactive. If you wish to become a Registered User, or access and make use of the Service, you must read this Agreement carefully in its entirety. By using the Service, you are indicating explicit acceptance of all of its terms.
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Mobile Interactive. By accepting this agreement, you represent that you have the capacity to be bound by its terms, or, if you are acting on behalf of a company or other entity, that you have the authority to bind such entity, in which case the terms “you” and “User” refer to such company or other entity.The Service is provided to you solely as a means of helping you view, organize, and analyze investment based financial information. The Service does not provide legal, tax, trading, investment, or other advice, and you are solely responsible for any decisions you make, and the consequences thereof, on the basis of any information provided by the Service. You agree that you are responsible for verifying the accuracy of any information provided by the Service, and that the Service makes no express or implied warranty about the accuracy of the information it provides to you. No offer or solicitation to buy or sell securities, securities derivative or futures products of any kind, or any type of legal, tax, trading, investment advice, recommendation or strategy, is made, given or in any manner endorsed by Mobile Interactive, the Service, or any affiliated third party.
You agree and understand that you are responsible for maintaining the confidentiality of your Password, Login ID (Username), mobile number, and other contact information you provide. Your Password, together with your Login ID (Username) allows you to access the Service. That Login ID (Username), password, any mobile number, and other contact information you provide form your “Registration Information.” By providing us with your email address, you agree to receive all notices electronically, to that email address. It is your responsibility to update or change the address, as appropriate.
You are only entitled to access and use TickWatcher.com for lawful purposes. Accurate records enable us to provide the Service to you. You agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites as requested by the Service and you agree to not misrepresent your identity or your account information. You agree not to use the Service for anyone but yourself. You agree to keep your account information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected. You agree not to share your password, your Content or personal data residing on the Services, or other security information with others.You agree and understand that you may not reveal, share or otherwise allow others to use your Password, Login ID, or Account except as otherwise expressly authorized by Mobile Interactive. Any use of your Account with your Login ID and/or Password is deemed made by you and you are responsible for it and for the security of your computer system. Mobile Interactive is not responsible for the use of your Password, Login ID, and Account or for all of the communication and activity that results from use of your Login ID, Password, and Account. You may NOT sell or charge others for the right to use your Account, or otherwise transfer your Account; you may NOT share your account with others; you may NOT share any Subscriptions with others; you may NOT sell, charge others for the right to use, or transfer any Subscriptions other than if and as expressly permitted by Mobile Interactive.
Monthly subscribers to the Non-free Plans of TickWatcher.com will pay the Monthly subscription fee on a monthly basis. All fees will be paid at the commencement of service. The initial service period of the monthly subscription is one month. The service will auto renew for subsequent one month periods.
Following the initial service period, Mobile Interactive reserves the right to increase the Monthly Service Fee at any time with 30 days of notice to the Subscriber. Subscriber agrees to pay the Monthly Fee. Subscriber expressly authorizes Mobile Interactive to automatically charge the applicable card, account, or other applicable payment method on a monthly basis during the term of this Agreement. Subscriber agrees that any fee increase made in accordance with this Section may also be charged to the same card, account, or other payment method in the same manner.
The initial term of the Agreement is 1 month for Monthly Subscription. Following the initial term, the Agreement will auto-renew on a monthly basis at the current published subscription rates in force until otherwise terminated. With 30 days written notice of termination by the Subscriber, the agreement can be terminated.
For Monthly Subscribers, auto-renewal will cease within 30 days of Mobile Interactive receiving a termination notice. The Service may be used until the paid through service expiration date is reached. After that point, the Subscriber's account will automatically revert to the Free service plan.
Mobile Interactive reserves the right to immediately suspend performance or terminate this Agreement without notice and without liability in (a) the event that the Subscriber fails to pay any amount due to TickWatcher (b) any content necessary for TickWatcher.com perform its obligations become unavailable to TickWatcher.com for any reason and/or (c) in the event of any conduct by Subscriber which Mobile Interactive, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. Mobile Interactive may discontinue any of our subscription products at any time.
TickWatcher.com is a pay-as-you-go service. Consequently, we do NOT issue refunds, regardless of the reason for cancellation. A refund will not be issued even if you cancel immediately after you are charged for the new billing period. No subsequent charges are applied to you, but the amounts already charged are not refunded. We treat all customers equally, and therefore do not make exceptions to this policy.
Please read Mobile Interactive’s Privacy Policy, which is hereby incorporated into this Agreement. The Privacy Policy may be updated in the future at our discretion. Changes will be effective upon posting to the site.
With the Service, you may direct us to retrieve your own information maintained online by thirdparty financial institutions with which you have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). Mobile Interactive may work with online financial service providers to access this Account Information. We make no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. Mobile Interactive is not responsible for the products and services offered by or on third-party sites.
We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. We cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any Account Information, user data, communications or personalization settings, or any content you post on, or provide, or provide access to in connection with the Service (collectively, “Content”). By using the Service, you expressly authorize us to access your Account Information maintained by identified third parties, on your behalf as your agent. Mobile Interactive will submit information including usernames and passwords that you provide Mobile Interactive to log onto the website for the third party you have identified. You hereby authorize and permit us to access, use and store information submitted by you to the Service to accomplish the foregoing and to configure the Service so that it is compatible with the third-party sites for which you submit your information.
For all purposes hereof, you hereby grant Mobile Interactive a limited power of attorney, and you hereby appoint Mobile Interactive as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN MOBILE INTERACTIVE ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, MOBILE INTERACTIVE IS ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the service is not endorsed or sponsored by any third party account providers accessible through the service.
By accepting this agreement, you grant Mobile Interactive a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use any Content that you post on, or provide, or provide access to in connection with the Service (“Content License”). By submitting or providing us with access to this Content, you represent that you are entitled to submit it or provide access it to us, without any obligation by us to pay any fees or other limitations. You agree that others may copy your Content if you make it accessible to them and that Mobile Interactive is not responsible for any consequent use of your Content. You agree that Mobile Interactive may share your Content with third-party sites solely in order to provide you with the Service and that between Mobile Interactive and any third-party, Mobile Interactive owns the license to any such Content and confidential account information.
Some information made available on or through TickWatcher.com may be provided by third parties (“Third Party Content”). The inclusion or appearance of Third Party Content on or through TickWatcher.com does not indicate any approval or endorsement by Mobile Interactive of such Third Party Content. Mobile Interactive is not responsible for, and hereby disclaims any and all liability that may arise from Third Party Content or the act of accessing, browsing, or otherwise using such Third Party Content. Mobile Interactive may contain links to third-party web sites (“External Sites”). The content of such External Sites is developed and provided by others. These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. We are not responsible for the content of any External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree that you will not post or provide access to any Content or take any action using the Service that violates any law under any applicable jurisdiction, including without limitation that governing this Agreement, the Service, and your residence. You agree that you will not post or provide access to Content belonging to anyone else without first obtaining permission. You agree that Mobile Interactive may, at its sole discretion, delete, hide, or otherwise make inaccessible your user profile or any Content or information you post using the Service if Mobile Interactive has reasonable cause to believe that such Content is in violation of this Agreement, and you agree to hold Mobile Interactive harmless from any damages, direct or consequential, that may result from such an action. You agree not to collect information from other Users without first notifying them that you are not acting on behalf of the Service or Mobile Interactive and obtaining their express consent. You will not use the Service to disseminate, in any form, personally identifiable information, including without limitation account numbers, passwords, addresses, or identification documents.
You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Service, without the express written consent of Mobile Interactive, which may be withheld in its sole discretion. You agree not to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service, other than the search engines and search agents available through the Service and other than those mechanisms provided by generally available third-party web browsers (e.g., Apple Safari, Google Chrome, Mozilla Firefox or Microsoft Internet Explorer). You agree not to post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service. You agree not to attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way operating any part of the Service. You agree not to send a large number of requests to the Service with the intention of denying the Service to other Users or in any volume that denies the use of the Service to anyone, whether intentional or unintentional.
YOU AGREE THAT THE SERVICE DOES NOT PROVIDE TRADING, INVESTING, FINANCIAL, TAX, LEGAL, OR OTHER ADVICE, AND YOU ACCEPT SOLE RESPONSIBILITY FOR THE CONSEQUENCES OF ANY DECISIONS YOU MAY MAKE BASED ON INFORMATION YOU OBTAIN FROM THE SERVICE. THE SERVICE IS NOT A FINANCIAL PLANNER, INVESTMENT ADVISOR, BROKER OR TAX ADVISOR. The Service is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any decisions or implementing any financial strategy, you should obtain additional information and advice from accountants and financial advisors who are fully aware of your individual circumstances. Please seek formal professional advice in particular matters. Mobile Interactive accepts no liability in respect of any information and advice obtained through the Service and is not liable for any damages relating to your use of the information and advice provided herein.
You agree to protect and fully compensate Mobile Interactive and its affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the Service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
You further agree that if any third party brings any claim or action against TickWatcher or any of its affiliates arising out of or related to your use of the Service, to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including without limitation reasonable legal fees and costs) related to any such claim.
The contents of TickWatcher.com, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of TickWatcher.com belong or are licensed to Mobile Interactive or its software or content suppliers. Mobile Interactive grants you the right to view and use TickWatcher.com subject to these terms. You may download or print a copy of information provided on TickWatcher.com for your personal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from TickWatcher.com in whole or in part for any other purpose is expressly prohibited without our prior written consent. You are permitted to use content delivered to you through the Service only. Except as expressly provided for by the Service, you may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to copy, reverse engineer or reverse compile any of the service technology.
The trademarks, service marks, and logos of Mobile Interactive used and displayed on TickWatcher.com are registered and unregistered trademarks or service marks of Mobile Interactive. Other company, product, and service names located on TickWatcher.com may be trademarks or service marks owned by third-parties. Nothing on TickWatcher.com should be construed as granting any license or right to use any trademark displayed on TickWatcher.com without the prior written consent of Mobile Interactive specifically for each such use. Use of any trademarks as part of a link to or from any site is prohibited unless Mobile Interactive approves the establishment of such a link by prior written consent.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW MOBILE INTERACTIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
WITHOUT LIMITING THE PARAGRAPH ABOVE, MOBILE INTERACTIVE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOBILE INTERACTIVE THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
YOU AGREE THAT NEITHER MOBILE INTERACTIVE NOR ANY OF ITS AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF MOBILE INTERACTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; (vii) MOBILE INTERACTIVE’S ACCESS OF YOUR ANY OTHER MATTER RELATING TO THE SERVICE.
MOBILE INTERACTIVE NOR ANY OF ITS AFFILIATES DOES NOT CONTROL AND SHALL NOT BE RESPONSIBLE FOR THE ACTS OF OTHER VISITORS OR USERS TO WHOM YOU HAVE GRANTED ACCESS TO YOUR FINANCIAL OR OTHER INFORMATION.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, MOBILE INTERACTIVE’S LIABILITY FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OR CAUSE OF ANY CLAIM MADE AGAINST MOBILE INTERACTIVE IN CONJUNCTION WITH YOUR USE OF THE SERVICE, SHALL NOT EXCEED, IN THE AGGREGATE, ONE HUNDRED AND FIFTY US DOLLARS ($150.00) OR THE SUM OF ANY AMOUNTS PAID TO MOBILE INTERACTIVE FOR YOUR USE OF THE SERVICE IN THE PRECEDING THREE (3) MONTHS, WHICHEVER IS GREATER.This Agreement is governed, construed, and enforced in accordance with the laws of the State of California, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts in California. Except as expressly agreed by Mobile Interactive and you, all of the terms and conditions of this Agreement, except for any right you may have to use the Service, shall survive any expiration or termination of this Agreement.
This Agreement, and your relationship with Mobile Interactive under this Agreement, shall be governed by the laws of the State of California. Any dispute with Mobile Interactive, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small claims court of the State of California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Mobile Interactive may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Mobile Interactive is able to offer the Service at the terms designated, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with Mobile Interactive, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement: YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
Mobile Interactive may amend this Agreement at its sole discretion from time to time. If you refuse to accept the amended changes, you will be provided an opportunity to delete your account. You agree that Mobile Interactive’s posting the amended agreement on the website constitutes acceptable notice of the amendments, and you agree to be bound by the amended Agreement by continuing to use the Service after the new Agreement has been posted on the Service.
Mobile Interactive reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of TickWatcher.com and Mobile Interactive, at any time and for any reason or no reason, without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability. User Must Comply with Applicable Laws TickWatcher.com is administered and operated by Mobile Interactive in the State of California, United States, and it is not intended to subject Mobile Interactive to the law or jurisdiction of any country or territory outside of the United States. We make no claims concerning whether TickWatcher.com may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the TickWatcher.com from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. The United States controls the import and export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any information through TickWatcher.com to countries or persons where prohibited under applicable laws. By accessing TickWatcher.com, you expressly agree that you are not in a country where such access is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Mobile Interactive does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Mobile Interactive has the benefit of under any applicable law), this will not be taken to be a formal waiver of Mobile Interactive’s rights and that those rights or remedies will still be available to Mobile Interactive. Waiver shall be effective against Mobile Interactive unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
This Agreement constitutes the entire Agreement between you and Mobile Interactive with respect to the subject matter, and supersedes all other previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter described in this Agreement. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement is personal and you may not assign or transfer this Agreement any of your rights or obligations under this Agreement. This Agreement will inure to the benefit of Mobile Interactive’s successors, assigns, licensees, and sublicensees. If we make changes to our terms and conditions, we will post those changes on this page.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
Last updated September 20, 2015