BY SUBSCRIBING TO, OR ACCESSING OR USING, THE TIKR PLATFORM OR ANY
OF THE OTHER TIKR SERVICES, YOU AGREE TO COMPLY WITH THESE TERMS OF
USE. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, USER MAY NOT
ACCESS THE TIKR PLATFORM OR OTHERWISE USE ANY TIKR SERVICES.
Effective date: June 1, 2021
THE PLATFORM IS A SOFTWARE AND INFORMATIONAL BASED TOOL THAT PROVIDES FINANCIAL INFORMATION AND FACILIATES INVESTMENT-RELATED RESEARCH BY USERS. TIKR AND ITS AFFILIATES ARE NOT THEMSELVES FINANCIAL, INVESTMENT OR BUSINESS ADVISORS AND DO NOT THEMSELVES PROVIDE INVESTMENT-RELATED SERVICES OR OTHER PROFESSIONAL BUSINESS SERVICES OR ADVICE. THE SERVICES AND CONTENT, INFORMATION AND DATA IN THE SERVICES ARE PROVIDED FOR INFORMATIONAL AND CONVENIENCE PURPOSES ONLY, AND ARE NOT INTENDED TO PROVIDE, AND SHOULD NOT BE RELIED ON FOR, INVESTMENT, FINANCIAL, BUSINESS, TAX OR LEGAL ADVICE. THE SERVICES ARE NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL SERVICES AND WE EXPRESSLY DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE CONTENT, INFORMATION OR DATA PROVIDED BY THE SERVICES MAY BE COMPLIANT WITH APPLICABLE INDUSTRY, REGULATORY OR LEGAL STANDARDS OR REQUIREMENTS CUSTOMARY IN THE FINANCIAL SERVICES OR INVESTMENT ADVISORY SERVICES INDUSTRIES. CONSULT THE SERVICES OF A COMPETENT PROFESSIONAL WHEN YOU NEED THIS TYPE OF ASSISTANCE. YOU ARE SOLELY AND FULLY RESPONSIBLE AND LIABLE FOR YOUR INVESTMENT DECISIONS AND TAX OR FINANCIAL CONSEQUENCES. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC INVESTMENT STRATEGIES OR INVESTMENT PRODUCTS OR SECURITIES THAT MAY BE MENTIONED ON, REFERENCED BY OR INCLUDED IN THE SERVICES. RELIANCE ON ANY CONTENT, INFORMATION OR DATA PROVIDED BY TIKR OR OTHERWISE APPEARING ON THE SERVICES IS SOLELY AT YOUR OWN RISK. THE DATA AND INFORMATION ACCESSED BY USER VIA THE SERVICES SHOULD NOT BE CONSTRUED AS A RECOMMENDATION BY TIKR OR ANY OF ITS AFFILIATES TO BUY, SELL OR HOLD ANY INVESTMENT OR SECURITY OR MAKE ANY OTHER INVESTMENT DECISIONS. IN PARTICULAR, ANY STOCK VALUATION TOOLS MADE AVAILABLE VIA THE PLATFORM ARE PROVIDED AS A CONVENIENCE ONLY AND SHOULD NOT BE RELIED UPON FOR PURPOSES OF MAKING TRADING OR INVESTMENT DECISIONS. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR YOUR USE OF THE SERVICES, INCLUDING FOR DETERMINING THE MANNER IN WHICH YOU ACCESS AND USE THE SERVICES AND THE EXTENT TO WHICH YOU UTILIZE THE RESULTS OF THE SERVICES, INCLUDING THE EXTENT TO WHICH YOU MAKE INVESTMENT OR FINANCIAL DECISIONS BASED ON INFORMATION OBTAINED VIA THE SERVICES. IN PARTICULAR, WE ASSUME NO RESPONSIBILITY FOR THE CORRECTNESS OR APPROPRIATENESS OF ANY INFORMATION OR DATA YOU ACCESS VIA THE SERVICES. ALL SUCH INFORMATION AND DATA IS PROVIDED ON “AS IS” BASIS AND WE RECOMMEND THAT YOU SEPERATELY VERIFY AND CONFIRM ANY INFORMATION AND RESULTS YOU OBTAIN FROM THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT WE AND OUR AFFILIATES WILL NOT BE HELD LIABLE FOR DAMAGE OR INJURY RESULTING FROM TRADING LOSSES, LOSS OF PROFITS, LOSSES ARISING FROM ACCESS OR THE IMPOSSIBILITY OF ACCESS OR FROM THE USE OR IMPOSSIBILITY OF USE OF SERVICES OR FROM THE FACT THAT YOU HAVE RELIED ON INFORMATION GIVEN ON SERVICES. YOU BEAR SOLE RESPONSIBILITY FOR YOUR FINANCIAL AND INVESTMENT DECISIONS
The following terms shall have the following meanings for purposes of this Agreement. Capitalized terms not defined in this Section are defined elsewhere in the Agreement.
“Affiliates” means TIKR’s owners, officers, directors, affiliated companies, suppliers, partners, sponsors, Data Providers (as defined below), and agents and representatives, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Site, the App, the Content and any of our other Services (including Apple, Google and our Data Providers).
“App” means any software applications or mobile web experiences from time to time made available by TIKR for purposes of accessing the Platform and that may be downloaded, installed or made otherwise accessible on a User’s computer or mobile device via the Site, web applications, the Apple App Store, the Google Play Store, or other similar platforms.
“Data Providers” means those certain third parties that provide information, data, content or materials to TIKR that may be made available via the Services, including, without limitation, S&P Global Market Intelligence LLC, Refinitiv Holdings Limited, and the Chicago Board of Exchange.
“Content,” means any content, material, information, data, instructions, media, article, post, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed or otherwise accessed by Users on or through the Site, App or other Services but excludes User Material.
"Services" means (i) the Platform, (ii) the Site, (iii) the App, (iv) all Content, (v) any specific service or offering that may be provided by TIKR via the Platform, the Site or the App, which may include Premium Features (as defined below), (vi) any support services and related technologies, software and/or APIs that may be provided by TIKR in its sole discretion for facilitating, maintaining and monitoring your use of the foregoing, and (vii) any other services or offerings that TIKR may provide from time to time via the Platform.
“User” or “you” or “your” (and similar terms) means any person or entity that visits, views, uses or accesses any portion of the Site, the App or any of the other Services.
“User Material” means the content, material, information (including financial information), data, instructions, media, article, post, communications, software, photos, video, graphics, music, sounds, and other material that a User may import, upload or otherwise provide to the Service in connection with a User’s use of the Service.
The TIKR Platform is a fee-based subscription service. Accordingly, in order to access and use the TIKR Platform, you will need to pay all applicable subscription and access fees. TIKR may also from time to time elect to charge additional fees in connection with all or a portion of the other Services, or to offer all or a portion of the other Services on a subscription basis, or may otherwise elect to restrict portions of the Site, the App or features and functionality within the Site or App, or certain other Services. All such advanced, additional, paid and subscription-based Services are collectively referred to herein as “ Premium Features ” and payment to TIKR is required for Users to access and use such Premium Features.
We will notify you of any fees associated with the Services, including any Premium Features, as well as any additional terms and conditions that might apply to such paid or subscription Services, so that you may choose whether to purchase or subscribe therefor. If you desire to purchase or subscribe for the TIKR Platform or any other paid Services, you agree to pay the rates or fees required by TIKR at such time.
We may from time to time offer certain Users the ability to access and use certain Services on a free or reduced-rate trial basis. Relevant Services, time periods and rates will vary depending on promotions occurring at the time. Please note that continued use of those Services after the trial period will generally require payment of applicable rates and fees. In particular, you may be required to provide a valid credit card when registering to access and use any Services on a free or reduced-rate trial basis. In such case, unless you cancel the Service during your trial period, your trial access will automatically convert to a paid subscription and we will charge your credit card for all rates and fees then applicable to the relevant Services following the trial period. YOU ACKNOWLEDGE AND AGREE WITH THE FOREGOING AND PERMIT US TO CHARGE YOUR CREDIT CARD IN CONNECTION WITH ALL TRIAL SERVICES THAT HAVE SO CONVERTED TO PAID SERVICES .
If you elect to purchase or subscribe for the TIKR Platform or any other Services (including any Premium Features), a valid credit card will be required for paying accounts and Services will be billed in advance in accordance with the applicable pricing schedule. There will be no refunds or credits for partial months of paid Services. All fees will be exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based on TIKR’s income. You agree to pay for any taxes that might be applicable to your use of such paid Services. You agree to be billed monthly, annually or at such other installments as mutually agreed, and grant us the right to charge your credit card (or otherwise facilitate payment) with the payment information you provide us, including on a recurring basis. You will reimburse us for any fees that we may be charged related to declined payments, and you will keep us informed of all changes to your billing information.
Users may be required or allowed to link to a Google, Facebook, or Twitter account or other third party account or site in order to provide, submit or upload User Material or other information to the Services. You expressly acknowledge and agree and grant us all necessary rights and licenses to access your User Material and other information that may be hosted on third party sites, integrate into third party APIs to access and transmit your User Material and other information to our Services, store such User Material and other information and process and use such User Material and information via the Services. You are solely responsible for complying with all third party agreements, terms of service or other applicable legal terms and ensuring that you have the right to transmit User Material and other applicable information to the Services and permit the Services to process the User Material and other information.
TIKR makes the Platform and other Services available to Users via the Site and the App. TIKR reserves the sole right to either modify or discontinue all or a portion of the Services, including the Site, the App and any features therein, at any time with or without notice to User. TIKR shall not be liable to User or any third party should TIKR exercise such right. User understands and agrees that temporary interruptions of the Services may occur as normal events.
User further understands and agrees that TIKR has no control over third party networks or data streams that User may access in the course of the use of the Services. Therefore, delays and disruption of network transmissions are completely beyond TIKR’s control, as are the accuracy and completeness of information and data received via such third party networks or data streams. In particular, User acknowledges that TIKR uses Data Providers and we are not responsible for possible errors, faults, interruptions or discontinued services caused by the Data Providers (with or without advance notice). We do not verify any data or information received from the Data Providers and disclaim any obligation to do so. Additionally, as a convenience to our Users, the Platform may perform currency conversions for reported company financials and stock pricing (among other things). WE CANNOT GUARANTEE THE ACCURACY OF THE EXCHANGE RATES DISPLAYED. YOU SHOULD CONFIRM CURRENT RATES BEFORE MAKING ANY TRANSACTIONS THAT COULD BE AFFECTED BY CHANGES IN THE EXCHANGE RATES.
User acknowledges that certain portions or features of the Services may not be fully accessible or functional without: (i) a working computer or mobile device; a working Internet connection; (iii) a user account and/or an access/activation code or payment for Premium Features or any other Services that require payment; and (iv) other system elements, specifications, technology and/or equipment that may be specified by TIKR from time to time. It is User’s responsibility to ensure that User has all required system elements. User understands and agrees that temporary interruptions of the Services may occur as normal events. TIKR may use third party providers to store, manage, and authenticate accounts and content, and to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. We are not responsible for possible issues caused by third party faults or discontinued services. TIKR does not guarantee or warrant that any Content or User Material that you save, store or access through the Services will not be subject to inadvertent damage, corruption, or loss. You are encouraged to backup the files that you store or access on the Platform, the Site and/or the App. While we take data security and privacy seriously, you understand and agreed that the technical processing and transmission of the Services, including Content and User Material, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Without limiting any of the other terms and conditions of this Agreement, User acknowledges that TIKR may perform maintenance on the Services from time to time (when and as needed as determined by TIKR in its sole discretion), which may result in service interruptions, delays, or errors. TIKR will not be liable for any such interruptions, delays, errors or bugs.
All questions, complaints, claims or other notices to TIKR shall be in writing and shall be made either via email or conventional mail to the addresses set forth below, or using any contact functions made available via the Platform.
User agrees to: (i) provide true, accurate, current and complete information about User as prompted by TIKR’s forms and in any other related document or agreement; (ii) to maintain and update User’s information to keep it true, accurate, current, and complete. User acknowledges that, if any information provided by User is untrue, inaccurate, not current, or incomplete, TIKR reserves the right to terminate User’s use of the Services and withdraw any offer or agreement. You agree to keep your account information, including your login and password, secure and not to share it with any third party. You are solely responsible for the maintaining the security of your account.
While using Services, you agree that you will not: (i) violate any laws, third party rights or our policies; (ii) use our Services or submit any of our forms if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our Services; (iii) manipulate the Site, the App, the other Services, email responses or interfere with any other users use of the Services; (iv) provide false, inaccurate, misleading, defamatory, or libelous information or content; (v) spoof or create any emails, content, correspondence or other information from us, including fake or fraudulent acceptances or offers; (vi) create any competitive service or feature (or otherwise establish a competitive business) based on, in whole or in part, any content on the Platform, the Site or the App or any of our other Services or business ideas, (vii) distribute viruses or any other technologies that may harm Company, or the interests or property of our other users; (viii) copy, modify, or distribute rights or content from the Platform, the Site or the App or commercialize any of our Services or any information or software provided with such Services; (ix) harvest or otherwise collect information about our users, including email addresses, without their consent; (x) use the Services to gain unauthorized access to TIKR’s network(s) or server(s); (xi) interfere with any User’s use and enjoyment of the Platform, the Site, the App or other Services; (xii) violate the intellectual property rights, including but not limited to, copyrights, trademark rights, trade secrets or patents of any person or entity. This description of prohibited conduct is not intended to be exhaustive, and TIKR has sole discretion to determine what constitutes prohibited conduct for Users. Users who violate system or network security may incur criminal or civil liability.
TIKR shall have the right and ability to monitor use of the Services remotely and/or electronically to confirm the number of users (if, to the extent applicable, pricing is based on number of users) using the Services and to otherwise verify User’s compliance with the terms of this Agreement.
User acknowledges and agrees that the Site, the App and/or certain other Services, and/or certain Premium Features that may be available on the Site or the App or via Services, may transmit to TIKR (and TIKR may collect and use) certain data and information related to the Site, the App or the Services, including as related to its operation and use.
In the event that User does not pay any fees due for the Services (to the extent applicable), or for the Premium Features, when due or User is otherwise in material breach of the terms of this Agreement, User acknowledges and agrees that TIKR may remotely disable or terminate use of the Platform, the Site, the App or other Services and/or Premium Features.
You understand and agree that certain information you may import to or process on the Platform, the Site, the App or other Services may become publicly available depending on your settings and whether Premium Feature or other paid Services are enabled. You are solely responsible for monitoring what information you might make publicly available and we are not responsible or liable for any claims related to you making such information publicly available.
The Platform, the Site, the App or other portions of the Services may link Users to other sites on the Internet or otherwise include references to information, documents, software, materials, content and/or services provided by other parties (“Third Party Materials”). These Third Party Materials may contain information or material that some people may find inappropriate or offensive. These Third Party Materials (and the third parties responsible therefor) are not under TIKR’s control, and User acknowledges that TIKR is not responsible for the accuracy, completeness, validity, copyright compliance, legality, decency, or any other aspect of such Third Party Materials, nor is TIKR responsible for errors or omissions in any references to other parties or their products and services. The inclusion of Third Party Materials, including any reference or link thereto, is provided merely as a convenience and does not imply endorsement of, or association with, the Platform, the Site, the App, the Services, TIKR or TIKR’s Affiliates, or any warranty of any kind, either express or implied. You access and use all such Third Party Materials entirely at your own risk and subject to such third parties’ terms and conditions.
By submitting feedback and suggestions, you agree to grant and hereby do grant a non-exclusive, perpetual, irrevocable, worldwide and royalty-free license to any intellectual property rights you may have in your feedback and suggestions to TIKR to use to improve TIKR products or services. You acknowledge that submission of feedback and suggestions is voluntarily and TIKR may consider or is developing technology that is the same or similar to your feedback or suggestions.
Company agrees that the User Material is owned by User and is protected by U.S. and international intellectual property laws, and that User shall solely own and retain all right, title and interest to, including all intellectual property rights in, the User Material. User is solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and copyright of all User Material, and Company assumes no responsibility for the deletion, correction, destruction, loss, infringement or failure of the Services to store any User Material. Company shall not be required to maintain a backup or copy of any User Material and Company shall have no liability for any loss of User Material, whether caused by Company, User, any third party service provider or any third party. User shall comply with local, national and international laws and regulations applicable to the transmission or storage of data through the Services. User is solely responsible for ensuring that it has all rights necessary to provide the User Material to TIKR and the Services. User acknowledges and agrees that no transmission or hosting of data is 100% secure and there remains a possibility that User Material may be subject to unauthorized access by hacking, malware, systems breach or other unauthorized method and User shall have no liability relating to any such breach or access.
TIKR respects the intellectual property of others, and TIKR asks Users to do the same. If User believes its copyright, trademark or other property rights have been infringed by the Services, User should send notification to TIKR, via the contact information described herein, immediately. To be effective, the notification must include: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) information reasonably sufficient to permit TIKR to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; (iii) identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit TIKR to locate the materials; (iv) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and (v) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
THE PLATFORM, THE SITE, THE APP, THE SERVICES, AND ALL CONTENT ON, AND SERVICES PROVIDED THROUGH, THE PLATFORM, THE SITE, THE APP AND/OR THE OTHER SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TIKR MAKES NO WARRANTY THAT (A) THE PLATFORM, THE SITE, THE APP, THE CONTENT AND SERVICES WILL MEET USER’S REQUIREMENTS, (B) THE PLATFORM, THE SITE, THE APP, THE CONTENT AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THE APP, THE SERVICES OR RESULTS OF THE SERVICE WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY USER FROM THE PLATFORM, THE SITE, THE APP OR THE SERVICES FROM TIKR OR TIKR’S AFFILIATES WILL MEET USER’S EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE PLATFORM, THE SITE, THE APP, THE CONTENT AND/OR RESULTS OF THE SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. THE USE OF THE PLATFORM, THE SITE, THE APP, THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE AND/OR THE APP ARE DONE AT USER’S OWN DISCRETION AND RISK AND WITH USER’S AGREEMENT THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO USER’S COMPUTER SYSTEM(S) OR NETWORK(S) OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
IN NO EVENT SHALL TIKR BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, TRADING LOSSES OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT TIKR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM, THE SITE, THE APP, THE SERVICES, OR ANY CONTENT, OR WEB SITE REFERENCED OR LINKED TO FROM THE PLATFORM, THE SITE OR THE APP. FURTHER, TIKR SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE PLATFORM, THE SITE OR THE APP OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE PLATFORM, THE SITE OR THE APP, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. TIKR AND ITS AFFILIATES MAXIMUM LIABILITY UNDER THIS AGREEMENT AND FOR ANY CLAIMS RELATED TO A USER'S USE OR ACCESS TO THE PLATFORM, THE SITE, THE APP OR ANY OF THE OTHER SERVICES SHALL BE $100. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER IN THOSE PARTICULAR JURISDICTIONS. WITHOUT LIMITING THE ABOVE, TIKR SHALL NOT BE LIABLE FOR AND HEREBY EXPRESS DISCLAIMS ANY RESPONSIBILITY FOR ANY CLAIMS OR ACTIONS BY THIRD PARTIES WITH RESPECT TO INFRINGEMENT CLAIMS AND TIKR SHALL NOT INDEMNIFY OR DEFEND USER FOR ANY CLAIMS RECEIVED FROM THIRD PARTIES WITH RESPECT TO ANY INFRINGEMENT OR PATENT MATTERS RELATED TO USER’S USE OF THE SERVICES.
Although the Platform, the Site and/or the App and/or other Services may be accessible worldwide, TIKR makes no representation that (i) use of, or Content on, the Platform, the Site, the App or any other Services are appropriate or available for use in locations outside the United States, and (ii) use of the Platform, the Site, the App, or any other Services, or Content on the Platform, the Site or the App or made available via the Services, are compliant with foreign law. Users who choose to access the Platform, the Site, the App or other Services from other locations do so on User’s own initiative and are responsible for compliance with local laws and requirements. Any offer for any product, service, and/or information made in connection with the Platform, the Site, the App or with any of the other Services is void where prohibited.
This Section is referred to as the “Arbitration Agreement.” User agrees that any and all disputes or claims that have arisen or may arise between User and TIKR, whether arising out of or relating to this Agreement or in connection with Users use of the Platform or other Services , shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that User may assert individual claims in small claims court, if User’s claims qualify. User agrees that, by agreeing to this Agreement, User and TIKR are each waiving the right to a trial by jury or to participate in a class action. User’s rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Notwithstanding the foregoing, this Arbitration Agreement shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or preliminary injunction in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Arbitration Agreement.
User and TIKR agree that each may bring claims against the other only on an individual basis and not as plaintiff or class member in any purported class or representative action or proceeding. Unless both User and TIKR agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).
TIKR is always interested in resolving disputes amicably and efficiently, and most concerns can be resolved quickly and to the participant’s satisfaction by emailing TIKR’s support team at email@example.com . If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to TIKR should be sent to TIKR at 1120 Texas Street #3D, Houston, TX 77002 Attn: TIKR Inc. (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If TIKR and User do not resolve the claim within sixty (60) calendar days after the Notice is received, User or TIKR may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by TIKR or User shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which User or TIKR is entitled.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Commercial Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless TIKR and User agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If User’s claim is for $10,000 or less, TIKR agrees that User may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If User’s claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than clause 16.2 above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of clause 16.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.
17. Entire Agreement
TIKR and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the App paid via iTune or the App Store, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App and, as between TIKR and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of TIKR.
You represent and warrant that: (i) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
In addition to any excuse provided by applicable law or under this Agreement, TIKR shall be excused from liability for non-delivery or delay in delivery of products and services available through the Platform, the Site or the App arising from any event beyond TIKR’s reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond TIKR’s reasonable control, whether or not similar to those which are enumerated above.