Last Updated: January 19, 2021

Welcome to Alpha News Stream. FrankCom and Associates, Inc., a Washington corporation doing business as Alpha News Stream (“ANS”), offers a service where users can access an Application Programming Interface (API) to obtain custom news feeds for financial news headline aggregation and metadata categorization feeds (the “ANS API”).  Your access and use of the ANS website, alphanewsstream.com (the “Site”), the ANS API and any online services, applications and tools that ANS owns or controls (regardless of how you access or use them) and any products or services provided through the Site, the ANS API, or otherwise by ANS (collectively, the “Services”) are governed by these Terms of Use and ANS’ Privacy Policy which may be accessed here (collectively, with the Privacy Policy, the “Terms of Use”). In these Terms of Use, the term “you” or “yours” refers to the person or entity using the Services.

When you pay for our Services we grant you a non-exclusive, fee based, worldwide, right and license to use our Services on your website or application.  Our Services consist of curated financial news RSS-based or search engine-based headline/link aggregation data and accompanying categorization or metadata based on those headlines, as well as headlines/links from press release services.  The public-facing headlines and press release service headlines aggregated in the Services link to news services copyrighted by third parties and you acknowledge and agree that ANS does not own, have rights to, grant any rights to you or license to you any copyrights or copyrighted works or content to which such headlines link.  In using the Services you acknowledge and agree that the Services are based on links for publicly available headlines or press release service feeds, which are copyrighted and carry their own copyright use restrictions, none of which we own or grant to you.  Additionally, ANS may provide you, for your internal use only and not for use or display on any external-facing website or application, a short summary of the press releases or articles linked in the headlines.  You acknowledge and agree that such summaries may be subject to third-party copyright and ANS does not own, have rights to, grant any rights to you or license to you any copyrights or copyrighted works or content in these summaries. 

If you do not agree to these Terms of Use, do not register with or otherwise access or use the Services.  By licensing, accessing, or using the Services, or engaging in any transactions via the Services, you are agreeing to these Terms of Use, and you acknowledge that you have read, accepted, and agreed to be bound by these Terms of Use.  You also agree and consent to ANS sending you disclosures, messages, notices, and other communications to your designated email account.

1.  These Terms of Use May Change.

Due to the evolving nature of the Services, ANS reserves the right to modify the terms in these Terms of Use in its sole discretion at any time and without prior notice to you.  Any changes to these Terms of Use will become effective when ANS posts the revised Terms of Use on the Site or Services. Your use of the Services following these changes indicates your acknowledgment and agreement to be bound by the revised Terms of Use.  If you do not wish to be bound by any new or modified terms, you must cease all use of the Services.  The date on which these Terms of Use were last updated is shown in the “Last Updated” legend on the top of this document. 

2.  Use of Services.

2.1.  Subject to the terms and conditions of these Terms of Use, ANS grants you a limited, revocable, non-exclusive, non-assignable, non-transferable, fee-based right and license to use the Services, including the ANS API and to integrate the ANS API into your website, application, or other service, public or private.  Article and press release summary information provided to you as part of the Services is for your internal informational purposes only and you may not use, display, or republish any portion of such summaries on any website, application, or other service, public or private. 

2.2.  If you have not subscribed for “Reseller Services” (as defined below), you may only access and use the Services on your website or application and may not resell or sublicense our Services.  These Terms of Use do not grant you any other rights in connection with the Services.

2.3.  The Services are available only to users who have registered and have been granted access in accordance with the tools made available on the Site. By registering an account with ANS you represent and warrant that you are over the age of 18 and that the information you provide to ANS is accurate, complete, and current at all times.  You are responsible for maintaining the confidentiality of your username and password.  ANS reserves the right, at any time and in its sole discretion, to refuse to register an account, to refuse a username or password, to refuse a purchase through your account, and to suspend or terminate an account.

2.4.  ANS may, in its sole discretion, offer the Services or a Subscription available without charge for a limited time (“Free Trial”).  At any time and without notice ANS reserves the right to modify the terms and conditions of a Free Trial offer or cancel a Free Trial offer.

2.5.  Without limiting anything else in these Terms of Use, when accessing or using the Services you shall not and shall not assist or permit any person to:

(a)  engage in or authorize any activity that you know or reasonably should know is an unlawful, unauthorized, fraudulent or malicious activity;

(b)  disrupt, interfere with, disable, impair, overburden, violate the security of, or attempt to gain unauthorized access to, the Services or any computing device or computer network;

(c)  probe, scan, test the vulnerability of, or circumvent any technological measure or authentication measures to protect the Services;

(d)  upload, transmit, distribute, or run any computer virus, worm, trojan horse, malware, spyware, time bomb, logic bomb, or any computer code that could damage or alter a computing device, computer network, communication network, data, the Services, or any other system, device or property;

(e)  access, use or modify any data, information, or other materials not intentionally made available or accessible to you by ANS;

(f)  manipulate or otherwise display the Services by using framing, mirroring or similar navigational technology;

(g)  use any robot, spider, scraper, or other automated or manual means to access the Services or copy any information from the Services or Site;

(h)  license, sublicense, assign, convey or transfer any rights granted hereunder;

(i)  publish, display, disclose, sell, rent, lease, store, loan, distribute, transmit, publicly display or perform, co-brand, frame, host, outsource, or otherwise exploit the Services or any content provided by the Services except as specifically provided in these Terms of Use; 

(j)  copy, reproduce, modify, create derivative works of, translate, adapt, disassemble, reverse engineer, decompile, reverse compile or create compilations of the Services;

(k)  attempt to exceed or circumvent limitations on access, calls and use of ANS API, or otherwise use the ANS API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of these Terms of Use;

(l)  use the Services in any manner that may infringe any intellectual property rights, rights of privacy or other rights of any third party;

(m)  use the Services in any manner that is unlawful, misleading, discriminatory, or fraudulent.

(n)  use the Services in any manner to suggest that ANS endorses, sponsors, or is associated with you;

(o)  remove, obscure, or alter any trademark, copyright, or intellectual property rights notices on or related to the Services;

(p)  attempt, in any manner, to gain unauthorized access to any other user accounts;

(q)  create more than one account (and if ANS disables your account, you may not create another one without ANS’ written permission); or

(r)  access or use the Services for any purpose other than as expressly permitted under this Agreement.

2.6.  If you access or use, or provide any other individual or entity with access, to any part of the Services in breach of these Terms of Use, your right to use the Services will terminate immediately. ANS reserves the right to terminate your authorization to use any Subscriptions or services available on or through the Services and to delete any one or more of your related accounts immediately and at any time if you breach or threaten to breach these Terms of Use.  ANS further reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing.  You will immediately notify ANS of any unauthorized use of your account or any other breach of security that you become aware of involving or relating to the Services by emailing ANS at info@alphanewsstream.com.

2.7.  You will be responsible for all costs and expenses associated with using the Services, including ensuring that you have the necessary and compatible technology, hardware, systems and software to use the Services as directed by ANS.

3.  Purchases.

3.1.  Some portions of the Services are available on a subscription basis and are billed on a monthly or annual basis in accordance with the subscription that you have purchased (“Subscription”).  You may be required to register an account with us before a Subscription may be purchased.

3.2.  Subscriptions and Services are billed by a third-party payment processor.  You agree to be subject to and abide by the terms and conditions of the third-party payment processor.  You agree to keep your payment information associated with your Subscriptions up-to-date.  You also agree that you are responsible for all fees for Services and Subscriptions requested by you or through your account.  If ANS or its third-party processor is unable to process your transaction in a timely manner, ANS reserves the right to revoke access to the Services.  You may change or update your payment information at any time through your account settings.

3.3.  The fees payable by you vary depending on the specific Services and Subscriptions selected by you.  If you select Services with a recurring subscription fee your credit card or bank account will be charged such Services fees until the earlier to occur of (i) expiration of the Subscription or (ii) termination of your account in accordance with these Terms of Use. 

3.4.  Because of occasional failures of some credit cards and/or bank account withdrawals, ANS cannot guarantee that ANS will receive your payment. ANS is not responsible for the policies of any third-party payment processor, including for withdrawing funds from your account. ANS reserves the right to use other methods of payment. Due to ANS’ reliance on third party payment processors in processing fees for Services, ANS is not responsible for the ultimate success or failure of any payment. 

3.5.  You are responsible for all taxes that you incur in connection with your use of the Services.  You agree that ANS may include additional charges for all sales taxes and any other applicable charges depending on the applicable laws, rules and regulations with any payment made in connection with and/or the Services.

3.6.  Unless otherwise noted, Subscriptions and Services are not transferable and you shall not transfer, sell or assign or attempt to transfer, sell or assign any Services or Subscriptions to any third party.

3.7.  Subject to Section 7.2, unless otherwise noted, purchase of Services, including one-time and recurring Subscriptions, is non-refundable and final.  To the extent permitted by applicable law, you waive any right to a refund once your purchase is complete.  Your purchase is complete once you have confirmed your purchase at the end of the order process.

3.8.  ANS reserves the right to modify the prices of Services and Subscriptions on notice to you.  ANS further reserves the right to cancel or refuse any your access to the Services and any Subscription at any time if we suspect fraud or an illegal transaction.

4.  Reseller Services.      

4.1.  A license for the Services does not include any right to resell or sublicense the Services or use, display, or republish any informational summaries provided by ANS.  If you subscribe for Reseller Services, you as a Reseller are granted a revocable, non-exclusive, fee based, worldwide, right and license to use, sell, sublicense, and resell use of the Services, other than the informational internal-use only summaries, for third parties to use on their website or application.  Unless you subscribe as a Reseller you have no right or license to sublicense, distribute, or transfer the Services to any other person.

4.2.  All other terms and conditions under these Terms of Use remain in full force and effect.  ANS reserves the right to suspend or terminate any Reseller at any time and in its sole discretion.

5.  Third Party Services. 

5.1.  Your access or use of the Services may involve interaction or use of third party services, websites, information, advertising, products, content, data, tools, materials, software, intellectual property rights, or other tangible or intangible items owned or controlled by third parties, such as third party payment processors who process your purchase of Services, and third parties who provide the content which you may access using the Services (“Third Party Services”). The Services may also contain links to or have features that are hosted by Third Party Services. 

5.2.  These Terms of Use do not address the policies or practices of the providers, owners or controllers of the Third Party Services (“Third Party Providers”) and do not grant you any rights in or to any Third Party Services.  Your use and access of any Third Party Services and the provision of the Third Party Services to you are governed by your separate agreement with such Third Party Provider (including their online terms and privacy policies), and not these Terms of Use. You are responsible for making the necessary or appropriate investigations before using or accessing any such Third Party Services. Consequently, you should review the terms and conditions governing the Third Party Services before using the Third Party Services, and you are solely responsible for complying with those terms and conditions. You should contact the Third Party Providers directly if you have any questions about their terms and conditions or Third Party Services.

5.3.  To the extent permitted by applicable law, you agree that ANS shall not be responsible or liable for any loss or damage of any sort incurred as the result of your use of any Third Party Services or your interactions with the Third Party Providers. ANS does not approve, monitor, review, control or endorse, or make any representations, guarantees or warranties with respect to, any Third Party Services. ANS’ warranties, obligations and liabilities and your remedies with respect to any Third Party Services or any other materials, tangible or intangible, provided by a third party in connection with these Terms of Service will be limited to whatever recourse may be available against the Third Party Provider.

5.4.  ANS only provides an application programming interface (“API”) to provide you with a means to aggregate relevant content and access thereto. You acknowledge and agree that ANS is neither a content provider nor social media provider and that Third-Party Providers own the intellectual property rights to such content. 

5.5.  ANS reserves the right to add, modify or discontinue any Third Party Services made available via the Services at any time without prior notice to you.

6.  Intellectual Property.

6.1.  Subject to the rights expressly granted by ANS to you under these Terms of Use, ANS and its licensors exclusively own all rights, title and interest in and to the Site, ANS API, and Services, including all intellectual property rights therein whether or not such rights are registered.  You may not take any action inconsistent with ANS’ ownership of the Services including the ANS API.

6.2.  ANS does not own, have any rights to, or license any copyrights or copyrighted works to the content to which the Services link.

7.  Term and Termination; Changes to and Discontinuation of the Services. 

7.1.  Unless your account or Subscription is cancelled before the end of the billing cycle (as determined by the specific Subscription to which you are subscribed), your Subscription will renew and you will be charged the fees associated with such Subscription.  ANS reserves the right to suspend, revoke, terminate, discontinue or otherwise cancel your account, use and features of the ANS API, or Services at any time and for any reason without prior notice to you.  These Terms of Use will remain in full force and effect until such time as you discontinue use of the Services or ANS terminates these Terms of Use, terminates or cancels your account or discontinues your access to Subscriptions or the Services (any of which constitutes a “Termination”).

7.2.  Upon a Termination as set forth in Section 7.1, your right to use the ANS API and Services will automatically terminate, you must immediately delete any source code and cease using the ANS API, and ANS may delete any or all information related to your account.  In the event of a Termination for a reason other than your breach of these Terms of Use, your account and access to any Subscriptions, the ANS API, or Services will remain in effect until the end of the billing cycle at which time access to your account, the Services, access to the ANS API, and Subscriptions will be revoked.  If your access to Services or Subscriptions is terminated as a result of your breach of these Terms of Use, access to your account, Subscriptions, and the Services will be immediately revoked and no refund shall be issued for any pre-paid Subscriptions or Services.

7.3.  In the event of any change or modification to the ANS API or Services, you may be required to make changes at your own expense to continue use of the ANS API and Services. 

7.4.  If any modification or change is unacceptable to you, your sole recourse is to cease using the Services in accordance with Section 7.1.  Your use of the Services after the effective date of any change will constitute your acceptance of such changes.

7.5.  Sections 1, 3, 5, 6, 7, 8, 9, 10, 11, 12, and 13 (inclusive) will survive any Termination. You agree that if your use of the Services is terminated pursuant to these Terms of Use, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after Termination, ANS is entitled to recover damages, costs, and attorneys’ fees incurred by it as a result thereof.

8.  Indemnification.

You will defend, indemnify and hold harmless ANS, its affiliates, officers, directors, agents, representatives, and employees from any claim, suit, or demand (including legal fees) that is based on or arising out of your: (a) breach of these Terms of Use, (b) violation of any third party’s rights, including without limitation any intellectual property, or privacy rights, (c) access to, use, or misuse of the Services, or (d) other actions or omissions resulting in liability or loss to ANS.  ANS will promptly notify you in writing of a claim or suit and provide reasonable cooperation (at your expense) and full authority to defend the claim or suit.  You may not settle any claims which relate to or otherwise impact ANS without ANS’ written consent which may be withheld in its sole discretion.

9.  Disclaimers.

9.1.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITH ALL FAULTS AND ERRORS.  ANY ACCESS TO OR USE OF THE SERVICES ARE VOLUNTARY AND AT YOUR SOLE RISK.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, GUARANTEES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, DATA SECURITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

9.2.  YOU ACKNOWLEDGE THAT THE USE OF THE SERVICES SHALL BE CONNECTED WITH THE INTERNET, AND USE SHALL BE WHOLLY AT YOUR OWN RISK. ANS DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, DISRUPTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION OR ADVERSE INCIDENT, AND ANS DISCLAIMS ANY LIABILITY RELATING THERETO.

10.  Limitation of Liability.

10.1.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANS, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, CONTRACTORS, AGENTS, REPRESENTATIVES, LICENSORS, OR SUPPLIERS,  BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES OR ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOST DATA OR CONTENT, LOST PROFITS, SERVICE INTERRUPTION, COMPUTER DAMAGE, COST OF SUBSTITUTE SERVICES, INABILITY TO USE THE SERVICES, SECURITY BREACHES, OR ANY OTHER LIABILITIES OR LOSSES CAUSED BY THE SERVICES OR BY FAILURES OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANS KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

10.2.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANS’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EXCEED THE FEES ACTUALLY PAID BY YOU TO ANS FOR SERVICES IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE DATE OF THE MOST RECENT CLAIM. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. 

10.3.  ANS shall be free from any claim, liability or responsibility pursuant to these Terms of Use for failure to perform or delay in performing any obligation where such failure is due to any event beyond ANS’ reasonable control, including but not limited to any natural or environmental disaster, power outage, war, terrorism, accident, pandemic or virus, government or local authority shut down or shelter in place order, government law or regulation or requirement or any other cause beyond the control of ANS.

10.4.  The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between ANS and you.

11.  Governing Law; Disputes.

11.1.  ANS is the owner of the Services and is based in the State of Washington in the United States. ANS makes no claims that the Services are available or appropriate for use outside of the United States.  Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable.  Access to the Services from jurisdictions where the contents of the Services are illegal or penalized is prohibited. You may not use or export or re-export the Services or any copy or adaptation in violation of any applicable laws or regulations, including without limitation U.S. export laws and regulations.

11.2.  You expressly agree that the Terms of Use and any dispute, claim, action, cause of action, issue, or request for relief between you and ANS arising out of or relating to ANS; the Services; any payment; or any content accessed through the Services; and these Terms of Use (collectively “Disputes”) will be governed by and construed in accordance with the laws of the State of Washington without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Subject to Section 11.4, you and ANS irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Seattle, Washington, for all Disputes that are heard in court.

11.3.  Our priority is to learn about and address any of your concerns related to the Services. You agree that you will first notify ANS about any Dispute you have with ANS regarding these Terms of Use or ANS’ Services by contacting us at info@alphanewsstream.com. Once ANS receives your notice, ANS will try to resolve the Dispute informally by contacting you through email. If a Dispute is not resolved within 90 days after your submission, you or ANS may bring a formal proceeding as provided in Section ‎11.4 below.

11.4.  You and ANS agree to submit all Disputes to confidential arbitration on an individual and purely bilateral, non-class/non-representative basis. Except for the remedies listed in Section ‎11.5 or as otherwise required by law, arbitration on an individual basis is the exclusive remedy for any Disputes which might otherwise be brought on a class, collective or representative basis between you and ANS.  This agreement to arbitrate will be governed by the Federal Arbitration Act, 9 U.S.C. § 1 (the “FAA”) and shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA.  The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.  The arbitration shall take place in Seattle, Washington. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  You and ANS shall select a mutually agreeable arbitrator from the AAA.  Unless otherwise precluded by law, you and ANS shall each separately pay your or its own attorneys’ fees and costs.  You agree that if any provision of this arbitration agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, that provision shall be struck from the agreement to arbitrate, and the remainder of the arbitration agreement shall remain in full force and effect consistent with applicable law.  However, in the event the provisions above waiving or precluding class arbitration proceedings are found to be invalid, unenforceable, or void for any reason, the entire agreement to arbitrate shall be void.

11.5.  Notwithstanding the above, without limiting any other remedies that may be available to ANS, if a Dispute concerns a matter for injunctive or other similar relief that is appropriate under applicable law, ANS may seek such injunctive or other similar relief in any state or federal court of competent jurisdiction, whether or not it is in the State of Washington. A bond of no greater than $2,000 shall be sufficient to seek an injunction.  

12.  Limitation on Disputes. 

You agree that regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year after the occurrence of the event or facts giving rise to a Dispute, or you waive the right to pursue any Dispute based upon such event or facts forever.

13.  General.

13.1.  These Terms of Use, which include ANS’ Privacy Policy, and any other agreements or terms that ANS may post on the Services, constitute the entire agreement between you and ANS in relation to the Services and supersede any prior agreements between you and ANS regarding the Services, including prior versions of these Terms of Use.  These Terms of Use or any rights or obligations therein may be assigned by ANS at any time as a matter of law.  You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void.

13.2.  All parts of these Terms of Use apply to the maximum extent permitted by applicable law. ANS’ failure to enforce any provision of these Terms of Use will not constitute a waiver of such right. If a part of this Agreement as written cannot be enforced, then that part will be replaced with terms that most closely match the intent of the parties to the extent permitted by applicable law.  The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. 

13.3.  The headings and captions used in these Terms of Use are used for convenience only and are not to be considered in construing or interpreting these Terms of Use.  The words “includes”, “including”, “for example”, “such as” and similar terms are not words of limitation. No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these Terms of Use.

13.4.  Neither these Terms of Use nor the Services create any partnership, joint venture, employment, or other agency relationship between ANS and you.  You may not enter into any contract on ANS’ behalf or bind ANS in any way.

13.5.  These Terms of Use are for the benefit of ANS and you only, and only ANS and you may enforce it. The parties do not intend for these Terms of Use to confer any right or benefit on any third party. No third party may commence or prosecute an action against a party to these Terms of Use claiming to be a third-party beneficiary of these Terms of Use or any of the transactions contemplated in these Terms of Use.

If you have any questions or concerns about these Terms of Use, please contact us at info@alphanewsstream.com.