To assist you in using
our websites, futures.quote.com, www.quote.com, www.ragingbull.com, and any other websites we may launch from time to time
(collectively, the “Websites”), and to ensure a clear understanding of the
relationship arising from your use of any of the Websites, we have created a set
of Website Terms and Conditions and a Privacy Policy. Our Website Terms and
Conditions govern your use of our Websites generally and the relationship
between you and us. Our Privacy Policy explains how we protect information
you provide to us through the Websites. Please read on to learn more.
Your use of any of the Websites or any of the Services (defined below)
constitutes your agreement to be bound by and comply with the Website Terms and
Conditions and your consent to the collection, use and disclosure of personal
information as described in the Privacy Policy. If you do not so agree and
consent, you are not authorized to visit or use our Websites or the Services.
If you have any questions and/or comments regarding our Websites, you may
contact us as provided in Section 12.0 of our Privacy Policy.
PLEASE READ THESE DOCUMENTS CAREFULLY BEFORE USING OUR WEBSITES.
Quote.com Website Terms and Conditions
1.0 Agreement
2.0 Forward Looking Statements
3.0 Conditions on Participation
4.0 Purpose of Services
5.0 Disclaimer regarding Content
6.0 Ownership of Information; Downloading of Materials; Retransmission and
Redistribution of Data
7.0 Our Data Providers' Requirements
8.0 Disclaimer regarding Links and Other Third Party Content
9.0 No Duty To Monitor Websites
10.0 Subscriber Code of Conduct
11.0 No Creation of Third-Party Rights
12.0 Shared Files; Information You Download
13.0 Materials You Post; Your License to Other Users
14.0 Complaints over Perceived Infringement
15.0 Disclaimer regarding Investment Decisions and Trading
16.0 No Advice or Solicitation
17.0 Product Demonstrations
18.0 Professional/Non-Professional Status
19.0 Access and Security
20.0 Disclaimer of Warranties and Limitation of Liability
21.0 Indemnification
22.0 Disclaimer of Right to Sue
23.0 Modification and Termination of Websites; Modification of Website Terms and
Conditions
24.0 Data Providers Enforcement Right
25.0 Force Majeure
26.0 Entire Agreement
27.0 Severability
28.0 Choice of Law; Choice of Forum
29.0 Assignment
30.0 Survival
31.0 Your Consent
Quote.com: Privacy Policy
1.0 SCOPE OF POLICY
2.0 WHAT INFORMATION WE COLLECT AND USE
3.0 WHAT WE DO WITH INFORMATION WE COLLECT AND USE
4.0 ACCESS, CHANGING OR REMOVING PERSONAL INFORMATION
5.0 COMMUNICATIONS TO OUR USERS
6.0 SECURITY OF PERSONALLY IDENTIFIABLE INFORMATION
7.0 LINKS TO OTHER SITES
8.0 CHILDREN
9.0 NOTIFICATION OF CHANGES
10.0 YOUR CONSENT
11.0 CONTACT US
12.0
Quote.com Website Terms and Conditions
These Terms and Conditions (the "Website Terms and Conditions") govern your use
of the Websites, your receipt of any premium or subscription-based services and
information made available through the Websites, and your use of any
demonstrations or versions of products available through the Websites
(collectively, the "Services"). The Websites are provided by BlueWave Advisors,
LLC, and/or their respective affiliates (collectively, "Quote.com,"
also referred to as "we" or "us"), and these Website Terms and Conditions
constitute an agreement between you and Quote.com. Some of the
services, information and products available from Quote.com or
third parties through the Websites may also be governed by additional
agreements. To the extent that there is any conflict between these Website Terms
and Conditions and any separate written agreement you have executed or otherwise
entered into with Quote.com regarding any premium or
subscription-based services or information available through the Websites, the
terms of such separate agreement shall control.
Please read these Website Terms and Conditions carefully; they impose legal obligations on you and govern your relationship with us. By accessing any of the Websites or using the Services, you are acknowledging that you have read and understood these Website Terms and Conditions and agree, without limitation or qualification, to be legally bound by, and to comply with, them.
In addition, if you register as a
user (a “Subscriber”) of any of the features of our Websites or Services offered
through our Websites, during the registration process you may be prompted to
click an “I Accept,” “Submit” or similar button; your clicking on such button
will further confirm your agreement to be legally bound by these Website Terms
and Conditions and any additional terms and conditions of service that we may
present to you at that time.
2.0 Forward Looking
Statements
The Websites may contain forward-looking statements within the meaning of the
Safe Harbor provisions of the Private Securities Litigation Reform Act of 1995.
Such statements include any statements regarding our future financial
performance, future operating results or our plans or expectations for our
company and our business. These statements are based on management’s current
expectations and beliefs and involve known and unknown risks, uncertainties and
other factors that may cause actual results to be materially different from
those contemplated by the forward-looking statements. For further information on
risk factors affecting our company and our business, please refer to our most
recent annual, quarterly and other (e.g. Form 8-K) reports filed with the
Securities and Exchange Commission.
3.0 Conditions on Participation
You may use the Services only if: (i) you are eighteen (18) years of age or
older and are of the age of consent in your jurisdiction; (ii) your use of the
Services will not violate any law in any applicable jurisdiction, including, but
not limited to, United States export controls; (iii) you do not engage in any
conduct that will impede, impair or interfere with the functioning of the
Services; and (iv) you agree to be bound by and abide by all of the provisions
of these Website Terms and Conditions.
You acknowledge and agree that
Quote.com may terminate your access to the Websites and the
Services should you fail to comply with the Terms and Conditions. Any such
termination shall be in Quote.com's sole discretion and may occur
without prior notice, or any notice. Quote.com further reserves the
right to terminate any user's access to the Websites or the Services for any
conduct or activity that Quote.com, in its sole discretion,
believes is or may be directly or indirectly harmful to other users, to BlueWave
Advisors, LLC, or for any conduct or activity that violates any local, state,
federal, or foreign laws or regulations. Quote.com further reserves
the right to terminate any user's access to the Websites or Services for any
reason or for no reason at all, in Quote.com's sole discretion,
without any prior or other notice.
4.0 Purpose of Services
and Websites
The Services and Websites are made available solely as a convenience to you for
general informational purposes.
5.0 Disclaimer regarding Content
Quote.com cannot and does not represent or guarantee that any of
the information available through the Services or Websites is accurate,
reliable, current, complete or appropriate for your needs. Various information
available through the Services or Websites may be provided by parties with whom
Quote.com has no relationship (or no relationship other than one
established through these Terms and Conditions). Some other information
available through the Services or Websites may be specially obtained by BlueWave
Advisors, LLC from professional businesses or organizations, such as exchanges,
news providers, market data providers and other content providers (e.g., the New
York Stock Exchange, NASDAQ, New York Mercantile Exchange and Dow Jones), who
are believed to be sources of reliable information (collectively, the "Data
Providers"). Nevertheless, due to various factors — including the inherent
possibility of human and mechanical error — the accuracy, completeness,
timeliness, results obtained from use, and correct sequencing of information
available through the Services and Websites are not and cannot be guaranteed by
Quote.com.
6.0 Ownership of
Information; Downloading of Materials; Retransmission and Redistribution of Data
Unless otherwise noted, all right, title and interest in and to the Websites,
and all information made available through the Websites or the Services, in all
languages, formats and media throughout the world, including all copyrights and
trademarks therein, are and shall continue to be the exclusive property of
Quote.com, its affiliates or its Data Providers. To the extent that
the Websites or the Services contain information from third parties pursuant to
rights granted as a matter of law (such as principles of "fair use"), BlueWave
Advisors, LLC owns all right, title, and interest (including copyright), in all
languages, formats and media throughout the world, in the selection, arrangement
and presentation of such information on the Websites or in the Services, as well
as in the selection, arrangement, and presentation of all other content on the
Websites and in the Services. Certain materials may be made available for
download from these Websites. Subject to these Website Terms and Conditions,
Quote.com grants you limited permission to download and copy such
materials solely for your internal, non-commercial use; provided that all
copyright notices appearing on the originals are duplicated on all copies
thereof; and provided further that you do not modify the materials in any way.
Without limiting any other right or remedy available to Quote.com,
at law or in equity, the limited permission herein granted will automatically
terminate in the event you breach the terms of this paragraph and, in such
event, you must destroy immediately all downloaded materials in your possession,
custody or control.
EXCEPT AS OTHERWISE EXPRESSLY PERMITTED BY THE PRECEDING PARAGRAPH, YOU AGREE
NOT TO REPRODUCE, RETRANSMIT, DISSEMINATE, SELL, DISTRIBUTE, PUBLISH, BROADCAST
OR CIRCULATE ANY OF THE SERVICES OR MATERIALS IN ANY MANNER OR FOR ANY PURPOSES
(WHETHER PERSONAL OR BUSINESS) WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF
Quote.com AND/OR THE DATA PROVIDERS. IN ADDITION, YOU SHALL NOT,
WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF Quote.com AND THE
RELEVANT DATA PROVIDERS, MAKE COPIES OF ANY OF THE SOFTWARE OR DOCUMENTATION
THAT MAY BE PROVIDED, ELECTRONICALLY OR OTHERWISE, INCLUDING, BUT NOT LIMITED
TO, TRANSLATING, DECOMPILING, DISASSEMBLING OR CREATING DERIVATIVE WORKS.
YOU FURTHER AGREE NOT TO USE THE SERVICES OR INFORMATION MADE AVAILABLE THROUGH THE SERVICES FOR ANY UNLAWFUL PURPOSE AND AGREE TO COMPLY WITH REASONABLE REQUESTS BY Quote.com TO PROTECT THE RESPECTIVE RIGHTS OF Quote.com, ITS AFFILIATES, LICENSORS AND THE DATA PROVIDERS IN THE SERVICES AND IN THE INFORMATION MADE AVAILABLE THROUGH THE SERVICES.
7.0 Our Data Providers' Requirements
These Website Terms and Conditions are subject to any requirements of BlueWave
Advisors, LLC's Data Providers under Quote.com's agreements with
such Data Providers, including such additional financial and contractual
requirements as may be imposed by such Data Providers from time to time.
8.0 Disclaimer regarding
Links and Other Third Party Content
The Websites and Services may provide you with the ability to access a variety
of information, material or other content from third parties ("Third-Party
Content"), including through links to other websites and forums on which users
or other third parties, themselves, may post Third-Party Content. Whenever you
access Third Party Content, YOU PROCEED AT YOUR OWN RISK. You understand and
agree that such third parties are solely responsible for any such content, and
you further agree that Quote.com is not, and will not be, liable
for any content or other material posted or otherwise provided by third parties.
You further acknowledge that Quote.com does not control the third
parties who provide Third-Party Content, does not necessarily (and is not
obligated to) review or screen any Third-Party Content either before or after it
becomes available through the Websites and Services, and cannot and does not
guarantee, attest to, verify, or otherwise warrant that any Third-Party Content
is or will be accurate; free from errors, defects or harmful elements;
consistent with what it purports to be; appropriate to fit your needs; or
otherwise safe or non-objectionable.
You agree that BlueWave Advisors, LLC shall not be held liable for any trading activities or other activities that occur on any website you access through links on the Websites. We provide these links as a convenience, and do not endorse the content or services offered by these other sites.
Users are prohibited from using the Websites or Services to violate any laws or to violate the rights of Quote.com or of any third parties, all as further provided in our Subscriber Code of Conduct, below.
You further understand that when using the Websites or Services, you may be exposed to content that you find objectionable, crude, indecent, harassing, or otherwise inappropriate. You agree that Quote.com is not, and shall not be, liable for any such material.
9.0 No Duty To Monitor Websites
You understand and agree that Quote.com has the right, but not the
obligation, to monitor the Websites, and to remove content from the Websites for
any reason, including content that you submit. You further understand and agree
that Quote.com has the right, but not the obligation, to review
content before it is posted to the Websites, and to refuse to allow content to
be posted for any reason. Any and all decisions on whether or not to retain,
disseminate, or remove content posted by users shall be made by BlueWave
Advisors, LLC in its sole discretion.
10.0 Subscriber Code of Conduct
When you register as a Subscriber at our Websites, you may gain access to a
range of Services, including the ability to participate in chat rooms, exchange
instant messages, post messages to forums, and share files. You may use the
Websites for lawful purposes only. You agree not to post, upload, e-mail,
transmit, distribute, or otherwise make available through the Websites any of
the following:
(i) any material that violates any applicable laws, including without limitation
the laws of the United States, the laws of any state or commonwealth within the
United States, and the laws of any other jurisdiction that may apply;
(ii) any material that restricts or inhibits any other user from using and
enjoying the Websites;
(iii) any material that is unlawful, threatening, abusive, harassing,
defamatory, obscene, offensive, harmful, obnoxious, pornographic, profane, or
indecent, including without limitation any transmissions constituting or
encouraging conduct that would constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable law or regulation;
(iv) any material that contains viruses or any other element or component that
has a capacity or potential to interrupt, destroy, interfere with, permit the
unauthorized use of, or limit the functionality of any computer software or
hardware, any telecommunications equipment, or any communications network;
(v) any material that violates or infringes the rights of others, including
without limitation rights under copyright, trademark, or patent law; rights of
privacy or publicity; rights under defamation law; or rights under securities or
other applicable law; or
(vi) any material that contains any other harmful or illegal component.
You further agree that you will not:
(i) alter, damage or delete any material appearing on the Websites;
(ii) disrupt the normal flow of communication on the Websites, such as through
“spam” email or by other means;
(iii) claim a relationship with or speak for any business, organization, or
person for which you are not authorized to claim such a relationship; or
(iv) violate any operating rule, policy or guideline of your Internet access
provider or online service.
You acknowledge and agree that these prohibitions do not, and shall not be construed to, create any rights in you or any third parties. We reserve the right (but do not have any obligation) to prohibit or restrict conduct on the Websites and to edit, block, or remove any content, in whole or in part, which in our sole discretion we believe violates our Subscriber Code of Conduct, or is otherwise objectionable.
If you believe that material has been posted that violates any of these prohibitions, or that should otherwise be removed, please contact Quote.com as follows:
For reports relating to
RagingBull.com, Quote.com, Futures.Quote.com:
RagingBull.com TOS Violations
RagingBull.com Support
Quote.com Support
Futures.Quote.com Support
For reports relating to all other Websites: Customer Service
Nothing in these Terms and Conditions shall be construed to create any rights or obligations in, or otherwise on behalf of any third parties.
12.0 Shared Files; Information You Download
Quote.com cannot and does not guarantee or warrant that information
available for downloading through the Websites or Services will be free of
infection or viruses, worms, Trojan horses or other code that manifests
contaminating or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements
for accuracy and security of data input and output, and for maintaining a means
external to Quote.com for the reconstruction of any lost
information.
13.0 Materials You Post; Your License to Other Users
By posting or transmitting, inputting or uploading information or content
("Content") to the Websites, you warrant that such Content does not violate or
infringe the rights of any third parties. In addition, you automatically grant
Quote.com, Quote.com users, and Quote.com
Subscribers under your intellectual property rights, a royalty-free, perpetual,
non-exclusive, worldwide license (with the right to grant sublicenses) to use,
copy, modify, distribute, publicly display, perform, and otherwise exploit such
Content, without compensation to you.
14.0 Complaints over Perceived Copyright Infringement
Quote.com respects intellectual property rights and expects its
users to do the same. Quote.com, may, in appropriate circumstances
and at its discretion, disable and/or terminate the accounts of users who may be
repeat infringers.
If you believe that materials posted on our Websites infringe your rights under
copyright law in specific materials (collectively, a "Work"), we request that
you follow the procedure described below to notify us of your concerns or
objections.
14.1.Quote.com 's Designated Agent: If you believe materials posted on our Websites infringe the copyright in your Work, you must direct your concerns to our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) to respond to such concerns (our "Designated Agent"):
Email: LEGAL
Quote.com
1910 ESE Loop 323 #168
Tyler, TX 75701
Attn: Customer Service
14.2. Content of Notice: Your notice to our Designated
Agent should contain the following information:
(i) A physical or electronic signature of a person authorized to act on behalf
of the owner of the intellectual property;
(ii) Identification of the copyrighted work that you believe has been infringed;
(iii) Identification of the material on our Websites that you believe is
infringing, with sufficient specificity to permit us to locate the material
without undue searching; and
(iv) Information reasonably sufficient to permit us to contact you, including an
address, telephone number and, if available, an e-mail address;
(v) A statement by you that have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law.
(vi) A statement by you, made under penalty of perjury, that the information on
the notification is accurate and that you are authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
15.0 Disclaimer Regarding Investment Decisions and
Trading
Decisions to buy, sell, hold or trade in securities and other investments
involve risk and are best made based on the advice of qualified financial
professionals. Any trading in securities or other investments involves a risk of
substantial losses. The practice of "Day Trading" involves particularly high
risks and can cause you to lose substantial sums of money. Before undertaking
any trading program, you should consult a qualified financial professional.
Please consider carefully whether such trading is suitable for you in light of
your financial condition and ability to bear financial risks. Under no
circumstances shall we be liable for any loss or damage you or anyone else
incurs as a result of any trading or investment activity that you or anyone else
engages in based on any information or material you receive through the Websites
or our Services.
16.0 No Advice or Solicitation
The Websites and Services are for informational purposes only and should not be
used or construed as an offer to sell, a solicitation of an offer to buy, or an
endorsement, recommendation or sponsorship of any company or security by
Quote.com, its affiliates, officers, directors, employees or
agents. You acknowledge and agree that neither the Websites nor any of the
Services is intended to supply investment or financial advice. BlueWave
Advisors, LLC offers no advice regarding the nature, potential value, or
suitability or any particular security, transaction, investment or investment
strategy. You acknowledge and agree that the use of the Websites and Services,
and any decisions made in reliance upon the Websites and Services, are made at
your own risk.
17.0 Product
Demonstrations
All product demonstrations (“demos”) may only be used during the time periods
specified for which they are offered. All demos must be used in accordance with
any accompanying instructions and may not be used for any reason other than
their intended purpose.
18.0
Professional/Non-Professional Status
With respect to Services involving the receipt of financial market information,
if you are a professional broker, dealer or trader or employed by or conducting
business in the securities industry, you must agree to be bound by BlueWave
Advisors, LLC's agreements with the Data Providers before utilizing the Services
for commercial purposes.
If you are such a professional, you must contact Quote.com Customer Service to obtain such agreements. Unless you have obtained and executed such
agreements, you hereby represent and warrant: (i) that you meet and comply with
all NYSE, AMEX, NASDAQ and Data Providers requirements for qualification as a
Non-professional Subscriber; (ii) that you are acting solely in your own
individual capacity to use the Services solely in connection with your own
individual personal investment activities and not in connection with any trade
or business activities; and (iii) that you are a sophisticated investor. You
acknowledge and agree that if your status with respect to any of the foregoing
statements is affected or changed in anyway, you shall promptly contact BlueWave
Advisors, LLC Customer Service to obtain relevant exchange
agreements.
If you are not such a professional, you agree to use the Services solely in your own individual capacity, and solely in connection with your own individual personal investment activities and not in connection with any trade or business activities.
You accept responsibility for the confidentiality and use of any access codes,
account numbers and customer code numbers that you may receive for your access
to and use of the Services. You accept responsibility for all time used and all
activity that occurs through or under your access codes, customer numbers and/or
account numbers. You agree to notify Quote.com immediately if you
become aware of any loss, theft or unauthorized use of your access codes and/or
account numbers.
20.0 Disclaimer of
Warranties and Limitation of Liability
You agree that neither Quote.com, its affiliates, officers,
directors, employees, agents or representatives, nor any of the Data Providers,
nor any officer, director, employee, agent, affiliate or representative thereof
shall have any liability, contingent or otherwise, for any lack of truthfulness,
accuracy or timeliness of the Websites or the Services; for any lack of
truthfulness, accuracy, timeliness, completeness or correct sequencing of the
information made available through the Websites or the Services; for any
decision made or action taken by you or anyone else in reliance upon such
information or the Websites or the Services; or for any harm or injury resulting
from any interruption or delay of any data, information or any other aspect of
the Websites or the Services; or for any harm or injury resulting from any
unsafe, illegal, defective or otherwise inappropriate or objectionable aspect of
any information made available through the Websites or the Services
THE WEBSITES AND SERVICES ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF
FITNESS FOR A PARTICULAR USE AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, REGARDING ANY ASPECT OF THE WEBSITES OR SERVICES OR INFORMATION MADE
AVAILABLE VIA THE WEBSITES OR SERVICES. YOU RECOGNIZE THAT THE ACCURACY OF ANY
SUCH INFORMATION SHOULD BE CHECKED BEFORE YOU RELY ON IT.
IN NO EVENT WILL BLUEWAVE ADVISORS, LLC OR THE DATA PROVIDERS BE LIABLE TO YOU, YOUR CUSTOMERS OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE WEBSITES OR THE SERVICES), OR CLAIMS ARISING IN TORT (INCLUDING NEGLIGENCE), EVEN IF Quote.com OR THE DATA PROVIDERS HAVE BEEN ADVISED OF OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY OF THE FOREGOING.
YOU ACKNOWLEDGE THAT DOCUMENTS
POSTED TO AND CONTENT AVAILABLE AT THE WEBSITES MAY CONTAIN COMPUTER VIRUSES OR
OTHER HARMFUL ELEMENTS. SHOULD YOU DOWNLOAD ANY SUCH MATERIALS FROM THE
WEBSITES, IT IS YOUR RESPONSIBILITY TO PERFORM ANY ANTI-VIRUS SCANNING OR OTHER
PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE
FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE WEBSITES AND
YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY
SERVICING OR REPAIRS OF ANY EQUIPMENT OR DATA YOU USE IN CONNECTION WITH OUR
WEBSITES.
By way of example, and not by way of limitation, neither Quote.com
nor the Data Providers shall be liable for any loss resulting from a cause over
which such entities do not have direct control, including but not limited to,
the failure of electronic or mechanical equipment or communication lines,
telephone or other interconnect problems, unauthorized access, theft, your
errors, or events of force majeure.
You agree to indemnify and hold harmless Quote.com, 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.
22.0 Disclaimer of Right to Sue
You release Quote.com, 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.”
23.0 Modification and
Termination of Websites; Modification of Website Terms of Conditions
Notwithstanding any provision in these Website Terms and Conditions, BlueWave
Advisors, LLC reserves the right, in its sole discretion, at any time, to change
or modify from time to time and/or terminate (i) its Websites, (ii) any
particular Services made available via its Websites, or (iii) these Website
Terms and Conditions. Your use of our Websites following any such change
constitutes your agreement to follow and be bound by the Website Terms and
Conditions, as changed.
24.0 Data Providers Enforcement Right
Data Providers may enforce these Website Terms and Conditions against you by
legal proceedings or other appropriate means.
In addition to applicable disclaimers, stated above, Quote.com's
performance under these Website Terms and Conditions and the Services shall be
excused in the event of interruption and/or delay due to causes beyond its
reasonable control, such as acts of God, acts of any government, war or other
hostility, civil disorder, the elements, fire, earthquake, explosion, acts of
terrorism, power failures, equipment failure, industrial or labor dispute, acts
of Data Providers or other third party information providers, third party
software or communication method interruption.
26.0 Entire Agreement
These Website Terms and Conditions and our Privacy Policy embody the entire
understanding between the parties with respect to Quote.com's
Websites and supersede any and all prior representations and agreements, if any,
oral or written, with respect to Quote.com's Websites. In the event
of any conflict between these Website Terms and Conditions and/or Privacy Policy
and any separate agreement you have executed or otherwise entered into regarding
subscription services available through Quote.com's Websites, the
terms of such separate agreement shall control.
27.0 Severability
Should any provision of these Website Terms and Conditions be held to be void,
invalid, unenforceable or illegal by a court, such provision shall be valid and
enforceable to the extent permitted by applicable law, and the validity and
enforceability of the other provisions shall not be affected thereby. Failure of
any party to enforce any provision of these Website Terms and Conditions shall
not constitute or be construed as a waiver of such provision or of the right to
enforce such provision.
28.0 Choice of Law; Choice of Forum
These Website Terms and Conditions and any dispute arising from the Websites or
the Services shall be interpreted in accordance with the laws of the State of
California, U.S.A. without reference to its conflicts of law principles. You
expressly consent and agree that any claims arising under or related in any way
to these Terms and Conditions, the Privacy Policy, the Websites or the Services
shall be brought only in the state or federal courts located in the State of
California and therefore you consent to the jurisdiction and venue of those
courts.
These Website Terms and Conditions shall not be assignable by you, either in
whole or in part. Quote.com reserves the right to assign its rights
and obligations under these Website Terms and Conditions.
30.0 Survival
Sections 1, 2, 5, 6, 11, 12, 13, 15, 16, 17, 19, 20, 21, 22, 24, 25, 26, 27, 28,
29, 30 and 31 of these Website Terms and Conditions shall survive the
termination of these Website Terms and Conditions and shall apply indefinitely.
31.0 Your Consent
By using our Websites, you agree to comply with, and be bound by these Website
Terms and Conditions. If you do not agree with some, or all of these Website
Terms and Conditions, you are not authorized to visit our Websites.
We value our relationship with you and respect your right to privacy. This Privacy Policy describes how BlueWave Advisors, LLC and our applicable affiliates and subsidiaries handle personal information that you provide to us or that we collect and maintain about you in connection with your use of proprietary websites we currently operate (collectively the "Websites") and any other proprietary websites we may launch from time to time and the services made available through the Websites ("Services"). By using the Services or accessing our Websites, you are acknowledging that you have read and understood this Privacy Policy and consent to the practices described herein.
This Privacy Policy applies only to information you provide to us online or that
we collect from you while visiting or using our Websites or Services. It does
not apply to information we obtain offline or through other means. This policy
does not apply to the practices of companies that Quote.com does
not own or control or operators of third party websites that you may access from
the Websites or from which you may access the Websites.
a) We receive and store
information that you voluntarily provide when using the Websites and the
Services. For example, when you subscribe to our Services, we require you to
provide personal information including your name, postal address, email address,
telephone number, facsimile number, company affiliation, and other basic contact
information. You may also provide additional personal information to us when you
voluntarily communicate with us, such as when you request information, register
for email updates or listen to a webcast, submit application for employment, or
when you post information to the user content portion of the Websites.
b) In addition to the information you voluntarily provide to us, we
automatically record information from your Internet browser, including your IP
address (the Internet address of your PC), your computer's name, the type and
version of your web browser, the Internet addresses of the sites from which you
access the Websites (referring addresses) and other generally-accepted log
information. We may also record the presence of Quote.com software
or other third party software on your computer, page views (hit counts) and
other statistical and tracking information, which are aggregated with website
utilization information from other users in order to understand how our Websites
are being used. One or more of the above activities may also be carried out by
third parties we have engaged to host certain portions or functions of or
otherwise render services in connection with our Websites, such as resume
submission, or operating a webcast on our behalf.
c) While accessing and operating an Quote.com product, the BlueWave
Advisors, LLC software may record general statistical and tracking information,
such as the date and time a client accesses his or her product and the time
spent using it. The Quote.com software transfers this information
to Quote.com's servers, and such information is used exclusively
for internal resource management purposes.
d) Cookies. We use common website management technologies called cookies. A
cookie is a small data file, which often includes a unique but non-identifying
code that is sent to your browser from a website's computers and stored on your
computer's hard drive. Cookies can be used to provide you with a tailored user
experience and to make it easier for you to use the Websites upon a future
visit. Quote.com will also use cookies to recognize you when you
return to our Websites. Our cookies are "persistent," or permanent, cookies,
since they remain on your computer after you end your visit, or "session," on
our Websites. Most web browsers are set to accept cookies by default, though you
can manually disable the cookies feature of your browser. You should review the
online documentation of your browser or consult with the provider of your
browser for instructions on how to disable cookies. If you disable cookies on
your computer, some parts of our Websites may not be available to you or may not
function as intended.
e) Referring Sites. Websites that contain links to our Websites are known as
"referring sites." When you enter our Websites from a referring site, we
automatically collect information that identifies the referring site and use
this information to analyze which third party services send visitors to our
Websites and to present appropriate content to our potential customers. BlueWave
Advisors, LLC tabulates referrer information on an aggregate basis to identify
Websites trends and traffic patterns.
3.0 WHAT WE DO WITH INFORMATION WE COLLECT AND USE.
In general we use the information we collect from and about you to provide
information and perform Services that you request, to improve our Websites and
Services, for our administrative and marketing purposes, and as otherwise
described in this Privacy Policy.
a) Third Party Service Providers
and Vendors. We share your personally identifiable information with third
parties with whom we contract to: (i) distribute information relating to our
Websites or Services, (ii) maintain email alerts list and fulfill requests
submitted via the Websites; (iii) host certain portions or functions of our
Websites (such as resume submission or operating a webcast on our behalf);
and/or (iv) provide technical or professional services to us.
b) Legal Compliance and Protection of Rights. We may share your personally
identifiable information with third parties, including law enforcement agencies
or others to the extent appropriate to comply with legal requirements; to
cooperate in a judicial or other legal proceeding; if we believe that you have
harmed, or interfered with (or will imminently harm or interfere with) other
Quote.com users or anyone else; to enforce or apply our Websites
Terms and Conditions or other contractual commitments; or to assert, defend, or
protect our rights or property or the rights, property, health or safety of our
users or other persons. If we receive legal process calling for the disclosure
of any of your personally identifiable information we will attempt to notify you
via the email address you supplied during the registration within reasonable
amount of time before we respond to the request, unless such notification in not
permitted.
c) Business Transactions. We may disclose personal information to third parties
in connection with a potential or actual transaction or proceeding involving a
transfer of some or all of the businesses or assets to which the information
pertains.
4.0 ACCESS, CHANGING OR REMOVING PERSONAL INFORMATION.
You may update or request that we delete information that we maintain about you
by sending a request to the address provided in Section 9 below, in which case
we will update or remove your personally identifiable information from our
databases, except as necessary for billing and routine data archiving.
5.0 COMMUNICATIONS TO OUR USERS.
Periodically, Quote.com will send news and information to parties
who have expressed interest in Quote.com. We also may send these
updates to persons who submit a request for information via email on our
Websites, register to receive email alerts or register to listen to a webcast
offered through the Websites. We may engage a third party to distribute such
information and updates or operate such webcast on our behalf, which would
require us to share your contact information. You can stop receiving these
communications by sending an email request to the address listed in Section 9
below. As an alternative, you may write to us with your request, at the mailing
address set forth in Section 9.
6.0 SECURITY OF PERSONALLY IDENTIFIABLE INFORMATION.
Quote.com maintains controls to protect the information you provide
us. Quote.com limits access to databases containing personally
identifiable information to employees who have a need to access the information.
We have put in place security systems designed to prevent unauthorized
disclosure of information you provide to us. These systems are structured to
deter and prevent hackers and others from accessing this information. Due to the
nature of Internet communications and evolving technologies, however, we cannot
assure that the information you provide us will remain free from loss, misuse,
or alteration by third parties who, despite our efforts, obtain unauthorized
access.
The Websites may contain links to other web sites operated by third parties not
affiliated with Quote.com. The inclusion of any link to such third
party sites does not imply endorsement by Quote.com of those sites.
We have not reviewed the sites linked to the Websites and are not responsible
for the data-handling practices of any such sites.
Persons under the age of 18 are not permitted to register for the Services and
Quote.com does not knowingly collect, either online or offline,
personally identifiable information from persons under the age of 18. If we
learn that a child under the age of 18 has provided us with personally
identifiable information, we will attempt to delete this information from our
databases, subject to any technical limitations on our ability to do so.
9.0 NOTIFICATION OF CHANGES.
Quote.com may change or modify this Privacy Policy from time to
time. We will post notice of the new or revised policy from the Privacy Policy
link on the home page of our Websites. Your use of our Websites following any
such change constitutes your agreement to follow and be bound by the Privacy
Policy, as changed. If we make any significant changes regarding disclosure of
personally identifiable information to third parties, we will attempt to notify
you prior to the date the modified policy takes effect.
By using the Websites, you consent to our collection and use of your
information, in accordance with this Privacy Policy. If you do not agree with
some, or all of the terms of this Privacy Policy, you may not become a
Subscriber, or otherwise visit the Websites.
You may contact us by email or traditional mail at the following addresses:
By postal mail:
Quote.com
1910 ESE Loop 323 #168
Tyler, TX 75701
Attention: Customer Relations
By email: info@quote.com
In the event you access websites operated by Quote.com (collectively the "Quote.com Websites") as well as any other websites BlueWave Advisors, LLC may launch from time to time the following additional provisions shall apply:
12.1 What Information We Collect and Use
In addition to the information set forth in Section 2 above, BlueWave Advisors,
LLC collects information from users at different points on our BlueWave
Advisors, LLC Websites and through our software, as follows:
12.1.1 Registration: In order to
subscribe to Quote.com products and services, we require that you
complete a registration form. This form may ask for contact information, such as
name, address, email address, telephone number, company name, fax number and
other basic contact information ("Registration Information"). After submitting
your Registration Information, you can view and modify this information within
the self-maintenance area of the Quote.com Websites. You agree to
notify Quote.com of any change to your billing address within
thirty (30) days of such change.
12.1.2. Orders and Requests: When you
subscribe to an Quote.com product or service, we request the
appropriate billing information on our order form. This information includes
your credit card number, expiration date and billing address ("Order
Information"). Order Information is kept with your Registration Information in a
database and will be retained for future purchases.
12.1.3. Partners: BlueWave Advisors,
LLC may enter into agreements with other companies that market software or
services that either function similarly to Quote.com software or
that enhance or extend Quote.com' functionality. Some of these may
be third party products that may utilize components of Quote.com
software. Under the terms of these agreements, we may be required to collect
information about your sessions and your use of these third party products and
share this information with these third parties.
12.1.4. Third Party Advertising Companies:
We use third-party advertising companies to serve ads when you visit our
Quote.com Websites. These companies may use information (not
including your name, address email address or telephone number) about your
visits to this and other websites in order to provide advertisements about goods
and services of interest to you. If you would like more information about this
practice and to know your choices about not having this information used by
these companies, click here.
12.1.5. Providers: A provider is an
entity that agrees to pay for the Quote.com services being provided
to you. We have entered into contractual agreements with these providers
governing the provider arrangement. Under the terms of these agreements, we may
be required to collect information about your sessions and your use of your
Quote.com product and share this information, along with your
personally identifiable information, with the provider paying for your BlueWave
Advisors, LLC service. This information is kept strictly confidential, and is
not shared with other third parties, except as provided for in this Privacy
Policy.
12.1.6 Access to Information: If you
are a resident of Australia, on request, we will provide you with access to
personal information that we hold about you collected when you visit our Website
or use our Services (unless there is an exception that applies under Australian
privacy laws, such as where we have a legal duty of confidentiality). Your
request to obtain access will be dealt with in a reasonable time. We may recover
from you the reasonable cost of providing you with access.
12.2 What We Do with Information We
Collect and Use
In general, except as provided in this policy, we will not disclose your
personally identifiable information to unaffiliated third parties without your
express consent or allowing you to decline to permit the disclosure. There are,
however, some limited circumstances, in addition to those set forth in section 3
above, in which we may need to disclose personally identifiable information
about a user without express consent, including, but not limited to, the
circumstances set forth below:
12.2.1. Quote.com Website
Vendors: We may employ other companies to perform functions on our behalf,
such providing customer service, sending print and electronic mail, processing
credit card payments, or other functions necessary to our business. In order to
allow these companies to perform their obligations, we may need to share your
personally identifiable information with them. However, we will provide these
companies with only that information necessary to perform their functions on our
behalf, and we will not allow them to use your personally identifiable
information for any other purpose.
12.2.2. Resellers: BlueWave Advisors,
LLC may from time to time enter into agreements with companies that resell
Quote.com' products or services, either on Quote.com'
behalf, or on their own behalf on a private labeled basis and/or on a co-branded
basis. Under the terms of these agreements, we may be required, and therefore we
reserve the right, to share your personally identifiable information with such
resellers. Once your personally identifiable information is provided to such
resellers, it will no longer be covered by this privacy policy. In those
instances, your personally identifiable information will be governed by the
privacy policy of the resellers to whom it is provided. Notwithstanding the
foregoing, Quote.com will not share your Order Information with any
reseller that is not billing you directly for the re-marketed, private labeled
and/or co-branded Quote.com services to which you subscribe.
12.2.3. Quote.com Publishers
and Merchants: Quote.com reserves the right to provide to
publishers and other merchants for whom Quote.com sells or
distributes products or services any personally identifiable information as is
necessary to fulfill any requests you may make for their products or services.
In addition, merchants of the products you purchase or to which you subscribe
through Quote.com may request additional personally identifiable
information from you. Quote.com will provide the merchants of such
products the information you supply in response to those requests and, following
such disclosure by Quote.com, your personally identifiable
information will no longer be covered by this policy. In those instances, your
personally identifiable information is governed by the privacy policy of the
merchants whose products you have purchased or to which you have subscribed.
12.2.4. Required by Law: BlueWave
Advisors, LLC will reveal your personally identifiable information, to the
extent we reasonably believe we are required to do so by law. If we receive
legal process calling for the disclosure of any of your personally identifiable
information we will attempt to notify you via the email address you supplied
during registration within a reasonable amount of time before we respond to the
request, unless such notification is not permitted.
12.3 Changing or Removing Personal
Information; Opting Out
To ensure that you have appropriate control over your personally identifiable
information, you can access your account (after supplying your user name and
password) in the Self-Maintenance area of our Quote.com Websites to
update and/or correct the information you have previously submitted.
In addition, we provide you with the ability to decline -- or "opt-out of" --
certain mailings and other materials we may offer. For these materials, you will
be able to specify whether you wish to opt-out by following directions provided
in the Self-Maintenance area, as further detailed in Section 11.4
(Communications to our Users) of our Privacy Policy, below.
Finally, if you request, we will remove your name and other personally
identifiable information from our active databases. Please understand, however,
that it may be impossible to remove this information completely, due to backups
and records of deletions. If you wish to remove your name and other personally
identifiable information from our database, please create an email with the term
"Unsubscribe" in the subject line, and send the email to the address listed in
Section 11.9 of this Privacy Policy. As an alternative, you may write to us with
your request, at the mailing address set forth in Section 11.9. You will be
removed from our databases generally within ten business days of our receipt of
your request. You may also request to review or amend any personal information
that we maintain about you, by sending a written request to the same address,
subject to our verification of your identity acceptance of any proposed
revision.
12.4 Communications to Our Users
12.4.1. Quote.com:
Quote.com sends emails and/or postal mailings to new subscribers
and to provide to existing subscribers information regarding their specific
Quote.com products. Periodically, Quote.com will send
news and information to subscribers and other parties who have expressed
interest in Quote.com and its products. You can opt out of
receiving these promotional communications through the Self-Maintenance area of
our Quote.com Websites. For so long as you use BlueWave Advisors,
LLC products and services or otherwise maintain a business relationship with
Quote.com, however, you may not opt out of receiving communications
from Quote.com relating specifically to those products and services
or business relationship.
12.4.2. Third Parties: Except as
described in this Privacy Policy, we do not share personally identifiable
information with anyone, unless we have informed you of a change to our Privacy
Policy and given you the opportunity to then choose to opt out. BlueWave
Advisors, LLC can no longer update any of your personally identifiable
information once it has been transferred to such third parties and cannot
implement or impose your opt out requests upon such third parties. Instead, you
must either contact that third party or refer to its privacy policy to update
your personally identifiable information or to let the third party know that you
no longer want to receive promotional and/or marketing information about its
products, services or offerings.
12.5 Security of Personally Identifiable
Information
Quote.com maintains controls to protect the financial information
you provide us, including credit card details, during the product purchase
process. These controls include: (1) the use of SSL encryption to safeguard
information when transmitted from your web browser to Quote.com;
(2) the logical authentication security within the databases that store
customers' credit card numbers; and (3) use of encryption of credit card
numbers.
12.6 Relationship to Website Terms and
Conditions
Our obligations with respect to your use of the Quote.com Websites
are reflected in this Privacy Policy and the Quote.com Website
Terms and Conditions and any additional terms of services that may be
applicable.
12.7 Contact Us
For matters relating to Quote.com you may contact us for any reason
by email or traditional mail at the following addresses, provided, however, if
you wish to provide us with formal notice under our Quote.com
Website Terms and Conditions or our Privacy Policy, you must provide your notice
in writing, and mail it to the address set forth below:
By mail:
Quote.com
1910 ESE Loop 323 #168
Tyler, TX 75701
Attention: Customer Service
By email: Customer Service
Effective date: June 30, 2011
