Last Updated: January 19, 2021
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.
2. Use of 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.
(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;
(j) copy, reproduce, modify, create derivative works of, translate, adapt, disassemble, reverse engineer, decompile, reverse compile or create compilations of the Services;
(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.
2.7. 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.
3.1. 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.
3.4. 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.
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.
5.3. 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.
6.2. 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.
7.3. 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.
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.
10.4. 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 California 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.
11.4. 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 San Francisco, California. 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 California. 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.