The Standard Terms and Conditions ("Terms and Conditions") governing the use of the information and services owned and provided by WhaleWisdom.com shall be as follows:
WhaleWisdom hereby provides to the User a non-exclusive, nonassignable, non-transferable license to receive and use the Information provided through the subscription service only for internal business use or personal, noncommercial use. In no event shall the User publish, sell, lease, disseminate, retransmit, redistribute, broadcast, circulate or otherwise reproduce, provide or permit access to any WhaleWisdom Information in any format to anyone; provided, however, that User may furnish Information to customers, on a non-continuous basis, using only the following limited methods: (a) In written advertisements, correspondence, or other literature, or (b) during voice telephonic conversations not entailing computerized voice, automated information inquiry systems, or similar technologies.
Use of automated scripting tools to crawl the site or attempting to bypass the API is strictly prohibited and may result in termination of your subscription. Excessive requests may result in throttling of your accounts access to data
The use of non-API-based forms of automation, such as scripting the website are prohibited. The use of these techniques may result in the permanent suspension of your account.
WhaleWisdom does not attempt to verify and does not warrant the accuracy, completeness or suitability of any data or information provided. WhaleWisdom shall not be liable for any loss, direct or consequential damages or expenses relating to the accuracy and completeness of the data provided. This data has been compiled for informational purposes only and not as investment advice. Users should not rely upon this data or information when making an investment decision or selection of an investment manager, and you should independently verify all relevant information prior to making an investment decision. Users should note that past performance is not an indication of future results.
The Services are provided without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, fitness for a particular purpose, accuracy, omissions, completeness, correctness and delays. In particular the Subscriber understands:
User acknowledges and agrees that no warranty is given that the information is error-free or accurate. The information and any other product that WhaleWisdom markets directly or indirectly provides are provides “as is”. Except as specifically set forth herein, WhaleWisdom does not make any express or implied warranties or conditions, including quality, merchantability, fitness for a particular purpose, title and non-infringement. User expressly assumes all risks from using the information, and/or related products that WhaleWisdom provides.
IN NO EVENT SHALL WHALEWISDOM BE LIABLE FOR ANY INVESTMENT GAIN/LOSS YOU MAY INCUR. INVESTING IN STOCKS IS RISKY AND THE PAST PERFORMANCE OF ANY INDEX OR PRODUCT DOES NOT GUARANTEE THEIR FUTURE PERFORMANCE. IF YOU INVEST BASED ON THE INFORMATION PROVIDED AT THIS WEBSITE, IT MEANS THAT YOU ACCEPT THE TERMS AND CONDITIONS OF USING THIS WEBSITE. YOU ARE RESPONSIBLE FOR ANY OF YOUR OWN ACTIONS. FURTHERMORE, IN NO EVENT SHALL WHALEWISDOM BE LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN OUR SITE OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT OR IMAGES FROM OUR SITE OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF OUR SITE OR CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN, (II) ANY FAILURE OR DELAY IN USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE, OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY US OR ANY THIRD-PARTY PROVIDER TO OUR SITE, EVEN IF WE HAVE BEEN, OR A THIRD-PARTY PROVIDER HAS BEEN, ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. An investment in stocks could lose money over short or even long periods. You should expect stock prices and returns may have large range fluctuations. NO GUARANTEE CAN BE MADE IF YOU INVEST BASED ON THE INFORMATION PROVIDED ON THIS WEBSITE.
If Subscriber makes use of the Services or any Content other than as expressly permitted under these Terms and Conditions, he or she may violate copyright and other laws and may be subject to penalties. Without limiting the preceding sentences, Subscriber will not:
WhaleWisdom.com may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Service feature, database, or content. WhaleWisdom.com may also impose limits on certain features and services or restrict Subscriber’s access to all or any parts of the Services without notice.
WhaleWisdom.com reserves the right at its sole discretion and conditional only upon repayment of any unused prepaid subscription fees as calculated on a pro-rata basis to terminate Subscriber’s access to the Services without notice.
In subscribing to whalewisdom.com, Subscriber agrees to receive electronic mail from whalewisdom.com notifying of new features, services or events or consisting of selected Content. whalewisdom.com's electronic mail, or any mail sent by Subscriber from within the Services, may include features allowing whalewisdom.com to collect certain information regarding Subscriber’s use of the Services. These features are a required element of the Services.
Customer shall pay Subscription fees in accordance with WhaleWisdom.com Terms of Purchase. Subscription fees shall be paid in full, and any levies, duties and/or taxes imposed by Customer's jurisdiction (including, but not limited to, value added tax, sales tax and withholding tax), shall be borne solely by Customer. Customer may not deduct any amounts from fees payable to WhaleWisdom.com unless otherwise specified in the applicable terms of purchase.