Copyright © 2019, Intensity Analytics Corporation. All rights reserved.
"intensityanalytics.com", "TickStream.com", and all corresponding subdomains ("THE SITES") together constitute the interactive
online features operated by Intensity Analytics Corporation ("IA")
on the World Wide Web of the Internet, consisting of content and links provided
by IA, affiliates of IA and other third parties. "User"
means each person who establishes or accesses a connection ("Account") for
access to and use of THE SITES.
(A) This Agreement, which incorporates by reference other provisions applicable
to use of THE SITES, sets forth the terms and conditions that apply to use of
THE SITES by User. By using THE SITES (other than to read this Agreement for
the first time), User agrees to comply with all of the terms and conditions
hereof. The right to use THE SITES is personal to User and is not transferable
to any other person or entity. User is responsible for all use of User's
Account (under any Login ID or password) and for ensuring that all use of
User's Account complies fully with the provisions of this Agreement. User shall
be responsible for protecting the confidentiality of User's password(s), if
(B) IA shall have the right at any time to change or discontinue any aspect or
feature of THE SITES, including, but not limited to, content, hours of
availability, and equipment needed for access or use.
3. Changed Terms.
IA shall have the right at any time to change or modify the terms and
conditions applicable to User's use of THE SITES, or any part thereof, or to
impose new conditions of use, without limitation. Such changes, modifications,
additions or deletions shall be effective immediately upon notice thereof,
which may be given by means including, but not limited to, posting on THE
SITES, or by electronic or conventional mail, or by any other means by which
User obtains notice thereof. Any use of THE SITES by User after such notice
shall be deemed to constitute acceptance by User of such changes, modifications
4. User Conduct.
(A) User shall use THE SITES for lawful purposes only. User shall not post or
transmit through THE SITES any material which violates or infringes in any way
upon the rights of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any law, or which,
without IA's express prior approval, contains advertising or any solicitation
with respect to products or services. Any conduct by a User that in IA's
discretion restricts or inhibits any other User from using or enjoying THE
SITES will not be permitted.
(B) THE SITES contains copyrighted material, trademarks, and other proprietary
information, including, but not limited to, text, software, photos, video,
graphics, music and sound, and the entire contents of THE SITES are copyrighted
as a collective work under the United States copyright laws. User may not
modify, publish, transmit, participate in the transfer or sale, or in any way
exploit, any of the content, in whole or in part. User may download copyrighted
material for User's use only. Except as otherwise expressly permitted under
copyright law, no copying, redistribution, retransmission, publication or
commercial exploitation of downloaded material will be permitted without the
express permission of IA and/or the copyright owner.
(C) User shall not upload, post or otherwise make available on THE SITES any
material protected by copyright, trademark or other proprietary right without
the express permission of the owner of the copyright, trademark or other
proprietary right and the burden of determining that any material is not
protected by copyright rests with User. User shall be solely liable for any
damage resulting from any infringement of copyrights, proprietary rights, or
any other harm resulting from such a submission.
(D) The foregoing provisions are for the benefit of IA, its
subsidiaries, affiliates and its third party content providers and licensors
and each shall have the right to assert and enforce such provisions directly or
on its own behalf.
5. Disclaimer of Warranty; Limitation of Liability.
(A) USER EXPRESSLY AGREES THAT USE OF THE SITES IS AT USER'S SOLE RISK. NEITHER IA,
ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS,
THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITES WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS
THAT MAY BE OBTAINED FROM USE OF THE SITES, OR AS TO THE ACCURACY, RELIABILITY
OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE
(B) THE SITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY
OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT IA IS NOT LIABLE
FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR
THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
(D) IN NO EVENT WILL IA, OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING THE SITES OR THE SITES SOFTWARE, BE LIABLE FOR ANY
DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SITES. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL
APPLY TO ALL CONTENT ON THE SITES.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER IA,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE,
REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS,
OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF THE INFORMATION
CONTAINED WITHIN THE SITES, OR FOR ANY DELAY OR INTERRUPTION IN THE
TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THERE
FROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR
ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO,
LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION OF A
STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL
REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. IA, ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR
INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER IA,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR
GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS
INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED
FROM THE USE OF THE INFORMATION.
User agrees to defend, indemnify and hold harmless IA, its
affiliates and their respective directors, officers, employees and agents from
and against all claims and expenses, including attorneys' fees, arising out of
the use of THE SITES by User or User's Account.
IA may terminate this Agreement at any time.
Without limiting the foregoing, IA shall have the right to
immediately terminate User's Account in the event of any conduct by User which IA,
in its sole discretion, considers to be unacceptable, or in the
event of any breach by User of this Agreement. The provisions of Sections 4, 5,
6, 8 and this Section 7 shall survive termination of this Agreement.
Intensity Analytics&trade, TickStream®, THE SITES, and each of their
logos are trademarks of Intensity Analytics Corporation. All
rights reserved. All other trademarks appearing on THE SITES are the property
of their respective owners.
9. Third Party Content.
IA is a distributor (and not a publisher) of content
supplied by third parties and Users. Any opinions, advice, statements,
services, offers, or other information or content expressed or made available
by third parties, including information providers, Users or any other user of
THE SITES, are those of the respective author(s) or distributor(s) and not of IA.
IA does not guarantee the accuracy,
completeness, or usefulness of any content, nor its merchantability or fitness
for any particular purpose.
In many instances, the content available through THE SITES represents the
opinions and judgments of the respective information provider, User, or other
user not under contract with IA. IA neither
endorses nor is responsible for the accuracy or reliability of any opinion,
advice or statement made on THE SITES by anyone other than authorized IA
spokespersons while acting in their official capacities.
Under no circumstances will IA be liable for any loss or
damage caused by a User's reliance on information obtained through THE SITES.
It is the responsibility of User to evaluate the accuracy, completeness or
usefulness of any information, opinion, advice or other content available
through THE SITES. Please seek the advice of professionals, as appropriate,
regarding the evaluation of any specific information, opinion, advice or other
10. Digital Millennium Copyright Act (DMCA) Notice.
Pursuant to Title 17, United States Code, Section 512(c)(2), and the Digital Millennium Copyright Act,
if you believe that material available on THE SITES infringes on your copyright(s),
please notify us by providing: your complete contact information,
the name of the copyright holder, the URL of the unauthorized material on THE SITES, a
description of the copyrighted material, information about where to find the source of
the copyrighted material, and an affirmation that you are submitting this notice in
good faith and are the authorized agent acting on behalf of the copyright holder.
You may submit this information in writing to our address listed on the contact page,
or via email to firstname.lastname@example.org. Upon receipt of a
valid and complete notice, we will remove the identified material.
Please be advised that you may be liable for damages (including costs and attorneys’
fees) if you materially misrepresent that material or activity is infringing. We have
and will highlight such abuses and seek to collect those damages.
In some cases, the DMCA notice will be forwarded to a third-party that made the material
available to THE SITES, and also may be sent to third parties such as
As you are required, please consider the possible fair use implications, as a result of
Lenz v. Universal. We reserve the right to challenge abuses of the DMCA process, and
your use of this notification process does not waive that right.
This Agreement and any operating rules for THE SITES established by IA
constitute the entire agreement of the parties with respect to the subject
matter hereof, and supersede all previous written or oral agreements between
the parties with respect to such subject matter. This Agreement shall be
construed in accordance with the laws of the Commonwealth of Virginia, without
regard to its conflict of laws rules. No waiver by either party of any breach
or default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default. The document sections used herein are for
convenience only and shall not be given any legal import.