Terms of Service

ADVANCED MARKET SYSTEMS, LLC DATA AND SOFTWARE
ADVANCED MARKET SYSTEMS, LLC WEB SITE TERMS OF USE AGREEMENT. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE CONTINUING TO USE THIS WEB SITE. BY USING THIS WEB SITE, OR ANY SERVICES OF THIS WEB SITE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS “TERMS OF USE AGREEMENT” AS OUTLINED BELOW, IN ADDITION TO THOSE CONTAINED IN THOSE OTHER AGREEMENTS, DISCLAIMERS AND LEGAL NOTICES, WHEN APPLICABLE. ADVANCED MARKET SYSTEMS RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS FROM TIME TO TIME AT ITS SOLE DISCRETION.

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1. Introduction: This Web site is for informational purposes and to provide access to various information, materials, products or services with which you will interface directly. None of the information contained on this Web site constitutes a solicitation, offer, opinion or recommendation by Advanced Market Systems, LLC ("Advanced Market Systems ") to buy or sell any securities or other financial instruments of any kind, or to provide legal, tax, accounting, investment, trading or strategy advice or services regarding the suitability or profitability of any security or investment. Advanced Market Systems makes available information, materials, products and services on this Web site subject to this Terms of Service Agreement, and the terms and conditions of all applicable account, subscription and other agreements, disclaimers and legal notices that appear or may appear from time to time on this Web site and/or must be agreed to by you in the account opening or subscription process in order to use the applicable information, materials, products or services.
THIS SITE IS FOR PERSONS IN THE U.S. ONLY. NOTHING ON THIS WEB SITE IS AN OFFER OR SOLICITATION OF SECURITIES OR INVESTMENT PRODUCTS OR SERVICES IN ANY JURISDICTION WHERE THEIR OFFER OR SALE OR PERFORMANCE IS NOT QUALIFIED OR EXEMPT FROM REGISTRATION.
Any testimonials or case studies on this site may not be representative of the experience of other clients and are not indicative of future performance or success. The prices, fees, costs and other terms of all products and services offered on this Web site are subject to change at any time and from time to time.
2. Modification and Monitoring of Web Site: Advanced Market Systems reserves the right, in its sole discretion, to change, modify, add or remove portions of these terms and conditions at any time and to monitor any and all use of this Web site. Accordingly, please check the Terms of Use periodically for any changes. Your use of the Web site or any service on this Web site after the posting of such modifications will constitute your acceptance of the modified Terms of Use. Any terms and conditions proposed by you which are in addition to or which conflict with the Terms of Use are expressly rejected by Advanced Market Systems and shall be void.
3. Restrictions on Use: The information provided on this Web site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Advanced Market Systems or its affiliates to any registration requirement within such jurisdiction or country. You may not use this Web site for any illegal purpose or in any manner inconsistent with the Terms of use. You agree not to use, transfer, dispose or distribute any Information on the Web site in any manner that could compete with Advanced Market Systems' business. You may not copy, reproduce, republish, recompile, redeliver, decompile, disassemble, reverse engineer, distribute, publish, display, modify, upload, post, transmit, create derivative works from, use "frame" technology on or in any other way create a mis-impression or confusion among users with respect to sponsorship or affiliation or exploit in any way material from Advanced Market Systems' Web site. Notwithstanding the foregoing, the User may download a single copy of any Support document or User Guide for his own personal use, provided that such materials are maintained in their original form and are not redistributed to other individuals or entities. Advanced Market Systems network installation customers may download Support documents for distribution via the network on which Advanced Market Systems software is installed, provided that such documents are maintained in their original form and are not distributed to individuals or entities outside of the customer's authorized business.
4. Limited License: Users may include a link to the Advanced Market Systems.com Web site:
(i) in a simple list of companies, by linking to the Advanced Market Systems.com homepage (http://pitview.com); or (ii) in a list of companies that offers descriptions along with links, provided that Advanced Market Systems has approved such description. Linking to other pages or content within the Advanced Market Systems.com Web site is prohibited, unless expressly permitted by Advanced Market Systems.
5. Trading Decisions: Third Party brokers only accept orders on an unsolicited basis, and do not make any recommendations regarding any security or financial instrument or product of any kind. You are solely responsible for any investment or trading decisions you make, and such decisions should be based solely on your evaluation of your financial circumstances, investment or trading objectives, risk tolerance and liquidity needs.
6. Account Access: Account access, trade executions and system response and performance may be adversely affected, including delays and failures, as a result of: market volatility; high share volume; other market fluctuations; illiquidity; other market conditions and risks; quote delays; system and software errors; data or server farm outages; Internet system problems relating to Internet traffic volume and capacity or other causes; and other factors. One or more of these factors may occur before or after you place a trade, resulting in delayed or failed order placement, order cancellation, trade execution and/or acknowledgement of any of those actions. Solely, you assume those risks.
7. Disclaimer of Warranty: ADVANCED MARKET SYSTEMS IS NOT GIVING OR MAKING ANY WARRANTIES OF ANY KIND. ALL PRODUCTS, SERVICES, DATA, INFORMATION, SOFTWARE AND SYSTEM PERFORMANCE OFFERED OR PROVIDED IN THIS SITE BY ADVANCED MARKET SYSTEMS , OR ANY OF ITS AFFILIATES, THEIR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS ARE OFFERED AND/OR PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, AND A WARRANTY FOR NON-INFRINGEMENT, WITH RESPECT TO THE DATA, INFORMATION AND SOFTWARE. IN NO EVENT SHALL ADVANCED MARKET SYSTEMS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES AND DAMAGES THAT MAY RESULT FROM THE USE OF THE DATA, INFORMATION AND SOFTWARE, ANY DELAY OR INTERRUPTION OF SERVICE, OR OMISSIONS OR INACCURACIES IN THE INFORMATION) WITH RESPECT TO THE DATA, INFORMATION AND SOFTWARE. FINALLY, THE USER, AS A CONDITION TO VIEWING THE DATA AND INFORMATION, AND USING THE SOFTWARE, EXPRESSLY WAIVES ANY CLAIM IT MAY HAVE AGAINST ADVANCED MARKET SYSTEMS.
8. Limitation of Liability; You use this site and all Advanced Market Systems (and affiliated) products and services at your own risk. In no event shall Advanced Market Systems or its third party providers be liable to you for any direct, special, indirect, consequential, loss of profits, incidental damages or any other damages of any kind, or any financial losses or damages whatever, including, without limitation, those resulting from loss of (or errors in) service, software or data, whether or not we have been advised of the possibility of such damages, and regardless of the theory of liability, even if Advanced Market Systems or any other party has been advised of the possibility thereof. This site, as well as Advanced Market Systems' order execution systems and services, could, and likely do, include some technical and other inaccuracies and errors. In addition, changes are periodically made to the information on this site without advance notice of any kind. Advanced Market Systems may also make, or accept from the applicable vendors or providers, improvements and/or changes in the products, services and programs described in this site at any time without advance notice of any kind. Any material downloaded or otherwise obtained through the use of this Web site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material.
9. Copyright and Trademark Notices: The information on this web site is protected by copyright: Copyright @ Advanced Market Systems, LLC 2001-2012. All rights reserved. Except as specifically permitted herein, no portion of the information on this site may be reproduced in any form or by any means without prior written permission from Advanced Market Systems. This Web site, including but not limited to the text, content, photographs, images, video, audio and graphics contained in the Web site is protected by copyrights, trademarks, service marks, international treaties and other proprietary rights and laws of the United States and other countries. You agree to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained in the Web site. Unauthorized use of this Web site and the materials contained on this Web site may violate applicable copyright, trademark or other intellectual property laws or other laws. The trademarks, service marks and logos (collectively, the "Trademarks") displayed on this Web site are registered and common law trademarks of Advanced Market Systems and various third parties. Nothing contained on this Web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Advanced Market Systems or such other party that may own the Trademarks.
10. Use of Software: The software, data and accompanying documentation that are made available to download from this site are the copyrighted work of Advanced Market Systems or its licensors. Use of the software and data is governed by the terms of the applicable license or other agreement(s).
11. Use of Web Site Information: Except as otherwise indicated elsewhere on this site, you may not copy, print or distribute documents, images or other media (collectively, “media”) available on this site. To the extent, if any, that copying, printing or distribution is expressly permitted, it is subject to the following conditions: a. The media may be used solely in the manner and for the purposes expressed or implied through information on the site or as otherwise agreed to in writing with Advanced Market Systems; b. The media may not be modified or altered in any way, except as authorized in writing by Advanced Market Systems; c. Any copy of the media or any portion thereof must include the copyright notice above; and d. Advanced Market Systems reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon written notice from Advanced Market Systems. In no event shall you be permitted to copy, print or distribute the design or layout of this site. Elements of this site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
12. Use of Links; Advanced Market Systems has not developed, checked for accuracy or otherwise reviewed other Web sites linked to this Web site and is not responsible for the content of any other Web site. Advanced Market Systems provides links to other Web sites solely as a convenience to its users. Your linking to any other Web site is at your own risk. By providing access to the linked Web sites, neither Advanced Market Systems nor its third party providers are recommending the purchase or sale of the stock nor endorsing the services provided by the Web sites' sponsoring organization.
13. Third-Party Materials And Web Site Links: The Advanced Market Systems Web site contains or may contain references and links to other companies and/or their Web sites, none of which is under the control of Advanced Market Systems, even if such other company is an affiliate of Advanced Market Systems. Advanced Market Systems makes no representations, warranties or endorsements whatever about any other Web sites to which you may have access through the Advanced Market Systems Web site (whether or not the other Web site belongs to an affiliate of Advanced Market Systems), or any products or services of those other companies (whether or not they are affiliates of Advanced Market Systems), even if the products or services of those other companies or their Web sites are described or offered on the Advanced Market Systems Web site or integrated with Advanced Market Systems’ products or services.
14. Privacy Policy: Advanced Market Systems has created this privacy statement to demonstrate our firm commitment to consumer privacy. The following discloses our information-gathering and dissemination practices for the Web site located at http://pitview.com.
15. Personal Information: This Web site does not require registration from users. Advanced Market Systems receives names, contact information and e-mail addresses only when personally submitted by users through the optional Contact page or from those who wish to become customers of Advanced Market Systems. This information is not gathered by Advanced Market Systems without users' knowing, active permission and participation. Advanced Market Systems respects the privacy of its users and does not share any personally identifiable information with any third party not affiliated with Advanced Market Systems. The registration forms for prospective Advanced Market Systems customers require users to give us contact information, such as their name and email address. The customer's contact information is used only to contact the customer about their Advanced Market Systems account or software license. Advanced Market Systems does not sell or otherwise disseminate this contact information to third parties. Credit card numbers and other financial information may also be collected from Advanced Market Systems customers; this information is used solely for the purpose of billing customers for the products and services they have ordered.
16. Non-Personal Information: All information received through this Web site, other than personal information required to open your account or subscription, modify your account or subscription, or related to your transactions, shall be deemed NON-personal. Any NON-personal information or material sent to Advanced Market Systems will be deemed to be NOT confidential or proprietary. Please note that Advanced Market Systems does not want to receive any such NON-personal information or material from you through this site. By sending Advanced Market Systems any NON-personal information or material, you grant Advanced Market Systems an unrestricted, irrevocable, perpetual, royalty-free license to use, reproduce, display, perform, modify, transmit, distribute and otherwise exploit such information and materials, and you also agree that is free to use, for any purpose, any ideas, concepts, know-how or techniques that you send it, without obligation to you of any kind.
17. Business Partners and Outside Companies: As a provider of market data software, Advanced Market Systems works closely with various exchanges and data feeds. Advanced Market Systems does not sell or otherwise disseminate customer information to such business partners. However, for customers who use Advanced Market Systems software to access such data sources, communication between Advanced Market Systems and the data source about the customer is sometimes necessary. Advanced Market Systems will not provide information about a customer to an exchange or datafeed unless the customer has voluntarily chosen to subscribe to said exchange or datafeed.
18. Username and Password: The Username and Password assigned to you for downloading Advanced Market Systems software are for your personal use only. You are responsible if they are lost, stolen or misused, and you must notify Advanced Market Systems immediately if any of these events happen. You may not use the Contact feature to send us time-sensitive instructions, or to give us personal credit information or an address change. Advanced Market Systems has taken certain steps to provide a secure environment for your personal information on this Web site. All customer data is stored on secure servers behind a firewall. However, Advanced Market Systems cannot guarantee the confidentiality of such information because of the nature of the Internet.
19. Downloading Software: Advanced Market Systems software is made available for downloading solely for the use by end users according to the License Agreement. Users may download and install the software, but they must obtain a Username, and Password before they can use the software. Advanced Market Systems software is licensed "as is" and "with all faults." Neither Advanced Market Systems nor any of its third party providers warrant that Advanced Market Systems software will be error-free or that any provided services will be uninterrupted. Advanced Market Systems retains any and all rights and title, including proprietary rights therein. Any reproduction or redistribution of the Advanced Market Systems software not in accordance with the Terms of Services Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties.
20. Export Control Laws; Restricted Rights Legend: Software available on the Advanced Market Systems site may be subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using software from this site, you are agreeing to the foregoing and you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. All Advanced Market Systems products and publications are commercial in nature. The software and documentation available on this site are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
21. Jurisdiction and Governing Law: Unless otherwise specified, this Web site is controlled by Advanced Market Systems from its offices within the State of Florida, United States of America. By accessing this site, you and Advanced Market Systems agree that all matters relating to your access to, or use of, this site shall be governed by the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof. Advanced Market Systems makes no representation that materials on this site are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. If you choose to access this site from other locations, you do so on your own initiative and you are responsible for compliance with any applicable local laws. If you take legal action relating to the Terms of Use, you agree to file such action only in the federal or state courts located within Lee County, Florida, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action. The failure of Advanced Market Systems to exercise or enforce any right or provision of this Terms of Use shall not constitute a waiver of such right or provision.
22. Headings: The section titles in the Terms of Use are used solely for your convenience and have no legal or contractual significance.
23. Severability: If any provision of the Terms of Use is deemed unlawful, void or unenforceable for any reason, that provision will be deemed severable from these terms and will not affect the validity and enforceability of the remaining provisions.
24. Entire Agreement: The Terms of Use constitutes the entire agreement between you and Advanced Market Systems relating to the use of this Web site. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Any rights not expressly granted herein are reserved. Any trademarks or service marks used by Advanced Market Systems, LLC company are owned by the company using the mark unless indicated otherwise. The material, data and information (collectively “Advanced Market Systems”) contained on or available through Advanced Market Systems businesses may not be suitable for all investors, are for informational purposes only and are subject to change at any time, are not intended to provide tax, legal or investment advice, and do not constitute investment advice or a solicitation or offer to purchase or sell securities. The Information is believed to be reliable but none of the Advanced Market Systems businesses warrant its completeness or accuracy. Please read your agreement with us carefully, as it contains important information and disclosures about the product or service covered by it.

 

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