Terms and Conditions
THESE TERMS AND CONDITIONS YOU ARE READING IS A LEGAL AGREEMENT BETWEEN TIPRANKS LTD.("TIPRANKS","WE","US" OR "OUR") AND YOURSELF ("YOU").BY VISITING THE SITE, LOGGING INTO THE SERVICES, ACCESSING OR OTHERWISE USING THESE SERVICES, INFORMATION, CONTENT, FEATURE, PRODUCT OR APPLICATION MADE AVAILABLE, FROM TIME TO TIME, IN THIS SITE, WWW.TIPRANKS.COM ("SITE")AND/OR ANY RELEVANT SOFTWARE ("SOFTWARE") (ALL OF THE FOREGOING SHALL BE COLLECTIVELY REFERRED TO AS "SERVICES") YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE ANY OF THE SERVICES PROVIDED BY THE COMPANY.
The Software is an internet-based search engine, a portfolio management tool. The Software allows the user to research financial information generated by third party analysts and financial bloggers, regarding stocks and financial commodities which are publicly traded on global stock exchanges around the world.
The Software is based on an algorithm ("Algorithm") which analyzes several characteristics to provide a ranking of certain Ranking Subjects (the characteristics considered and the ranking method is disclosed in full on our Site). Based on the Algorithm, the Software ranks certain Ranking Subjects who published certain recommendations since 2009 in online publications.
The service scans and analyzes text from financial websites measuring the performance of Sell side analysts and/or bloggers whose opinions are posted on the web sites. Such opinions and analysis is made entirely at the sole discretion of said analysts and/or bloggers. TipRanks holds no liability over the analysts' and/or bloggers' information or opinions expressed on the site.
To avoid any doubt, TipRanks, its officers, directors, employees, affiliates and any other third party that TipRanks engages with, hold no responsibility whatsoever regarding the information and/or its accuracy.
You acknowledge and agree that:
1.2. Accordingly, notwithstanding anything to the contrary herein, TipRanks, its suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (a) inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data; (b) delays, errors, or interruptions in the transmission or delivery of the Service; or (c) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
1.3. Any action and/or investment and/or transaction based upon information presented on the site are made entirely upon the user sole discretion. TipRanks hold no responsibility whatsoever for any of the abovementioned actions made by the user, and in no case will the user have any claim against TipRanks for any direct and/or indirect damages inflicted on him for actions made by his use of the site.
1.4. TipRanks is not an investment advisor. The site and the content provided in connection therewith are not and should not be construed as investment advice or a recommendation or opinion with respect to any particular security. In addition, the Services, the Software, the site, the algorithm and the content provided in connection therewith may contain, may be based on or otherwise refer to errors, inaccuracies, miscalculations, partial or incomplete information, outdated data, mistakes or faults. Such content is provided for informational purposes only and should not be used or relied on in making investment decisions.
1.5. TipRanks, its officers, directors, employees, affiliates and any other third party that TipRanks engages with, hold no responsibility whatsoever regarding any of the provided information or content and/or its accuracy.
2. License to Access or Use the Services
2.1. Subject to the terms and conditions herein, we grant you a personal, limited, revocable, nonexclusive, non-transferable and non-sub licensable right and license to access and use our Site and Services solely for personal non-commercial purposes. To access or use any Services, you must sign up in the following address https://www.tipranks.com/sign-up and activate the Services by following the instructions provided therein Your access to certain content or features may be limited if you are not 18 years of age or older, or the legal age in your jurisdiction to form a legally binding agreement, or for other reasons.
2.2. Whenever you submit information to us, you agree to provide true, accurate and complete information and agree to, if the option is available, promptly update the information if there have been changes to the information you provided.
2.3. We may modify or enhance the functionality of your browser, any website or content accessed by you or other software. By downloading, installing or using the Services, you consent to such modifications and enhancements.
3. Limitation on Use
Except as expressly permitted by these Terms and Conditions , you may not:
3.1. sell, license (or sub-license), lease, assign, transfer, pledge, or share any of your rights under these Terms and Conditions with or to any third party;
3.2. transfer, distribute, scrap, copy all or any part of the Site and/or Services and/or TipRanks IPR (as defined below);
3.3. Use the Site and/or Services for any purpose other than your own personal use.
3.4. refer to the Site and/or Services by use of framing;
3.5. make use of the Site or Services in any jurisdiction where same are illegal or which would subject TipRanks or its affiliates to any registration requirement within such jurisdiction or country;
3.6. use, or encourage, promote, facilitate or instruct others to use the Website for any illegal, harmful or offensive use;
3.7. use our Site or Services in an unlawful or fraudulent manner or for such purposes, to collect personally identifiable information, or to impersonate other users;
3.8. modify or use our copyright, trademark or other proprietary rights notices, or interfere with the security-related features of our Site or Services;
3.9. use our Site or Services in any way to manipulate or distort, or undermine the integrity and accuracy of, any content (including rankings reflected by using the Software), or take any action to interfere with, damage, disrupt any part of our Site or Services;
3.10. use our Site or Services to send, receive, upload/post, download, any material which does not comply with our content standards;
3.11. use our Site or Services to transmit or facilitate the transmission of any unsolicited or unauthorized advertising or promotional material;
3.12. use our Site or Services to transmit any data, or upload to our Site or Services any data, that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
3.13. copy, modify, translate, decompile, reverse engineer or disassemble any portion of our Site or Services (including, without limitation, the Software) or make any attempt to discover the source code of the Site and/or Services and/or Software or create derivative works thereof;
3.14. penetrate or circumvent or attempt to penetrate or circumvent any technical restrictions or limitations included in the Site or its servers;
3.15. use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained our Site or Services, or use network-monitoring software to determine architecture of or extract information, content, usage data from our Site or Services;
3.16. trespass the boundaries of the Website without proper registration, scrape, extract, copy or otherwise use any of the content or information provided on the Website for any purpose other than as permitted in section 2 above;
3.17. engage in any conduct that restricts or inhibits any other user from using or enjoying our Site or Services;
3.18. use our Site or Services for any commercial purpose or in connection with any commercial activity performed, without obtaining our prior written consent; or
3.19. reconfigure any rankings or content in any way. If reproducing any part of the data, you must maintain the layout and content as displayed on the Services. Under no circumstances should data be re-ordered or combined with other data for supplementary analyses in any context without prior written permission and full disclosure of the intentions of any further analysis.
3.20. You may not use the Site and/or Services for over 80 page views per day
4. Modification, Limitation, Suspension or Termination
4.1. We reserve the right at any time and at our sole discretion to modify or discontinue, temporarily or permanently, the Site, the Services or any part thereof (including the Software, the Content and the Algorithm), with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Services or the Site. In connection with any modification of the Services, we may use software updates and automatically download and install software updates from time to time with the intention of improving, enhancing, repairing and/or further developing the Services, and you agree to permit us to deliver these to you (and you to receive them) as part of your use of the Services.
4.3. Any limitation, suspension, or termination we may impose shall not alter your obligations to us under these Terms and Conditions. The provisions of these Terms and Conditions, which by their nature should survive any such action on our part, shall survive including, but not limited to, provisions relating to indemnities, releases, disclaimers, limitations on liability, and the miscellaneous provisions below. Upon termination of these Terms and Conditions, or in any case determined by us in our sole discretion, your license to use the Content will immediately expire.
4.4. If you violate these Terms, we reserve the right, but are not obligated, to issue you a warning regarding the violation or to immediately terminate or suspend your access and/or use of the Service.
5. Ownership of Proprietary Rights; Intellectual Property
Our Site, Services and all related content (and any derivative works, modifications or enhancements of the same) including, but not limited to, all text, posts, articles, analysis, graphs, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation and interactive features (collectively, "Content") and all Intellectual Property Rights to the same are owned by us (" TipRanks IPR") and/or by third parties, and nothing herein grants you any right in connection with the Content, except as expressly set forth in these Terms and Conditions. Additionally, all trademarks, service marks, trade names and trade dress that may appear on our Site or Services are TipRanks IPR. Any rights not expressly granted in these Terms and Conditions are expressly reserved.
"Intellectual Property Rights" means worldwide, whether registered or not (a) rights associated with works of authorship, designs, mask works and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress, the right to publicity and goodwill rights; (c) patents, patent applications and industrial designs; (d) trade secrets; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
6. Services Components
We retain the right, at our sole discretion, to implement limits to the nature of, or your continued ability to access the Services and any data, and impose other limitations at any time, with or without notice, including without limitation, by charging fees. You acknowledge that a variety of our actions may impair or prevent you from accessing or using the Services at certain times and/or in the same way, for limited periods or permanently, and agree that we have no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, the Services. We may from time to time engage certain affiliates or other third parties to provide all or part of the Services to you, and you hereby acknowledge and agree that such third party involvement is acceptable. We may from time to time include as part of the Services computer software supplied by third parties which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. We expressly disclaim any warranty or other assurance to you regarding such third party software.
The services, including the site, software and all information, materials and content provided in connection therewith are provided "as is" and "as available", without any warranties of any kind, either express or implied, including any warranties of fitness for a particular purpose, fitness for any user's investment objectives, financial situation or means, or free of computer viruses and/or free from errors. Tipranks does not warrant that the tipranks ipr, the site, the software or the services will be uninterrupted or error-free, or that the site or the servers that makes it available are free of viruses or other harmful components. Furthermore, the site, the software, the algorithm and the content provided in connection therewith may contain, be based on or otherwise refer to errors, inaccuracies, and miscalculations, partial or incomplete information, outdated data, mistakes or faults. In no event shall tipranks be responsible for the performance of the site, the software or the services, including but not limited to, any failure, disruption, downtime, and interruption of services, delay, inaccuracy or other nonperformance in connection with the services.
You understand that the Services (including the Site and its content and the Software and its results) are based, inter alia, on (a) past results which are not necessarily indicative of future performance and on (b) online sources which we deem reliable, but we disclaim any warranty or liability in connection with such content and provide no guarantees with respect to their accuracy or completeness.
The Site or Services may contain, or direct you to other web pages. We make no representations concerning any content contained in or accessed through the Site or Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services.
You understand that (i) no content published in connection with the Services, including without limitation, the Software, constitutes a recommendation or opinion with respect to any particular investment, security, portfolio of securities, transaction or investment strategy or its suitability for any specific person; (ii) TipRanks makes no, and, to the fullest extent permitted under law, hereby disclaims all, representations or warranties of any kind, express or implied, as to the availability, operation and use of the site or the information, content, materials or services on or accessed via the site, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement. Neither the site, nor any information, content, materials, algorithm or services available via the site, constitutes or is intended to constitute, or should be construed as, a solicitation or any offer to buy an interest in any security, investment advice or a recommendation or promotion of any transaction, futures contract, security or other financial product, investment manager, or trading or investment strategy; (iii) we are solely providing rankings of certain Ranking Subjects based on the Algorithm which is a subjective algorithm chosen by us, in our sole discretion, and that the views expressed by such Ranking Subjects or any users are their own opinions and recommendations; (iv) we rank only certain Ranking Subjects. Ranking results would be different if additional Ranking Subjects would be included and may change when additional Ranking Subjects are added, or existing Ranking Subjects are omitted; (v) our ranking depend on public information which may be inaccurate, wrong, outdated, partial or incomplete, in which case if the correct information was plugged into our ranking would be different; (vi) our ranking system may be subject to errors and interruptions, and may show results that are different from the rankings that should be derived from our published ranking criteria; (vii) the results and rankings provided by the Services and/or on the Site may be wrong, inaccurate, outdated, partial or incomplete or do not fit for a particular purpose and do not taking into account any user's investment objectives, financial situation, or means.
The services are offered solely for your information and not for any commercial use. You should not rely upon any information or content included in any services for purposes of any investment or transaction in securities, and you are encouraged to conduct your own research and due diligence, and to seek the advice of a qualified securities professional, which is licensed to provide advice in connection with securities, before you make any investment. We are not a registered investment advisor or brokerdealer, and we do not provide an investment advisory service or any advice or recommendation with respect to buying or selling any securities. We have not obtained any license from any regulatory authority with respect to these matters. You expressly agree that your use of the site, and any publications, presentations, financial trading information, pricing data, trade data, performance information, analysts or bloggers opinions, postings, or other information, content, services and materials contained in, accessed via, or described on the site, is at your own risk.
You are solely responsible for any actions or decisions you take based on materials and information available through our Site and Services, and should carry out your own research and investigation as appropriate.
9. Limitation of Liability
Regardless of any information you have received to the contrary, in no event shall our cumulative liability or that of our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries and their related companies exceed $50. You agree that this is a fair limitation based upon the manner and cost by which our site or services are provided to you, and taking into account your ability to use alternative resources providing information similar to that of our site or services. Furthermore, you agree that any cause of action arising out of, related to, or in any way connected with our site, services or these terms and conditions must commence within six (6) months after the cause of action accrues. Causes of action brought outside this time period are waived.
You agree to indemnify and hold harmless us and our officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of or related to: (i) your access to or use of our Site or Services; (ii) any actual or alleged violation or breach by you of these Terms and Conditions as updated from time to time; (iii) any actual or alleged breach of any representation, warranty or covenant that you have made to us; and/or (iv) your acts or omissions. You agree to fully cooperate with us in the investigation and/or defense of any claim that is the subject of your obligations hereunder.
11. Governing Law; Jurisdiction
11.1. These Terms and Conditions shall be construed in accordance with the laws of the State of Israel without regard to its conflict of laws rules.
11.2. Any claim or dispute between you and us that arises in whole or in part from your use of the Services or the Site shall be decided exclusively by a court of competent jurisdiction located in Tel Aviv, Israel, and you hereby consent to, and irrevocably waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in the courts of Tel Aviv.
11.3. If there is a dispute between you and anyone accessing our Site or Services, or you and any third party in connection with our Site or Services, you understand and agree that we are under no obligation to become involved. In such instances, you hereby release TipRanks and its officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries and their related companies from any and all claims, demands and damages of every kind or nature arising out of, relating to or in any way connected with such dispute.
12.1. Notwithstanding any other provision to the contrary, in the event of breach or threatened breach by of any provision of these Terms and Conditions by you, we could suffer significant and irreparable harm that could not be satisfactorily compensated in monetary terms, and that the remedies at law available to us may otherwise be inadequate and we shall be entitled, in addition to any other remedies to which we may be entitled to under law or in equity, to the immediate ex parte issuance, without bond, of an equitable relief, including without limitation an injunctive relief, in any jurisdiction worldwide. You hereby acknowledge and agree that we shall not be required to post bond as a condition to obtaining or exercising any such remedies, and you hereby waive any such requirement or condition.
12.2. No waiver by either of us of any breach or default under these Terms and Conditions shall be deemed to be a waiver of any preceding or subsequent breach or default.
12.3. The section headings used in these Terms and Conditions are for convenience only and shall not be given any legal import.
12.4. Except where specifically stated otherwise, if any part of these Terms and Conditions are deemed unlawful or unenforceable for any reason, it is agreed that part of these Terms and Conditions shall be stricken and that the remaining terms in these Terms and Conditions shall not be affected and shall remain in force and effect.
12.5. You may not assign these Terms and Conditions or any of your rights or obligations hereunder, in whole or in part, without our prior written consent.
12.7. Sections 1 ("Acknowledgment"), 5 ("Automatic Updates"), 7 ("Notifications, third-Party Materials"), 8 ("Collection Of Anonymous Information"), 9 ("Changing Your Internet Browser Settings"), 10 ("Disclosure of Information"), 11 ("Developer Privacy"), 12 ("Abuse Report") and 14 ("Limitation Of Liability and Warranty") of the Extension End User License Agreement are hereby incorporated to the Developer license agreement by reference and to the extent of any conflict between the provisions of the Developer license agreement and the above sections, the above sections of the Extension End User License Agreement shall prevail.
12.8. Any cause of action initiated by you and arising out of or related to the site, services, software or any part thereof must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred and you shall be deemed to waive any claim you may have in respect thereof.
Weizmann St 2 Tel Aviv-Yafo, Israel