This page contains the terms of use ("Terms of Use") that you must agree to before accessing or using the VolVue.com website, application programming interface ("API"), and/or any related services, features, products, extensions, or offers accessed on or through VolVue.com (collectively, "VolVue" or the "Site"). These Terms of Use constitute a legally binding agreement between Market Computing LLC ("Market Computing", "we" or "us") and you, whether or not you choose to become a subscriber of the Site, and set forth the terms and conditions that govern your access to and use of the Site. By continuing to access, link to, or use the Site, you agree to be legally bound by the Terms of Use and you represent that you have the legal capacity to be bound by the Terms of Use. If, at any time, you do not wish to accept the Terms of Use, you may not access, link to, or use the Site. The terms "you", "your" and "user" refer to anyone who accesses the Site.
These Terms of Use contain terms, conditions, covenants and provisions upon which you may access and use the Site and the content, including, without limitation, text, opinions, graphics, images, video, audio, stories, tools, calculators, data, databases, reports, analytics, ratings, functionality, products, information and other items (collectively, the "Content") displayed, contained on, or accessed through the Site. These Terms of Use are an electronic contract that establishes the legally binding terms you must accept to use the Site in any capacity. These Terms of Use incorporate by reference (i) our Privacy Policy, and (ii) additional terms, if any, disclosed and agreed to by you if you become a subscriber. By accessing the Site, you accept these Terms of Use and consent to have these Terms of Use and any applicable notices referenced herein provided to you in electronic form. The Site, and the Content contained therein, is the exclusive property of Market Computing or its data vendors and/or their suppliers and licensors.
Subject to applicable laws and regulations, Market Computing reserves the right to amend, remove, or add to the Terms of Use without notice and at the sole discretion of Market Computing. Such modifications shall be effective immediately. When we post changes to these Terms of Use, we will revise the last updated date at the bottom of this page. Accordingly, please continue to review the Terms of Use whenever accessing, linking to, or using the Site. Your access, link to, or use of the Site after any modifications to the Terms of Use will constitute your acceptance of the Terms of Use, as modified. Any terms proposed by you which are in addition to or which conflict with the Terms of Use are expressly rejected by Market Computing and shall be of no force or effect. If at any time you do not agree with the Terms of Use, you shall stop accessing, linking to, or using the Site.
Continuing Subscription. If you choose to begin a paid subscription, your VolVue subscription will continue month-to-month and automatically renew unless and until you cancel your subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the VolVue Site. We will bill the monthly subscription fee to your Payment Method. You must cancel your subscription before it renews each month in order to avoid billing of the next month's subscription fees to your Payment Method.
Recurring Billing. By starting your VolVue subscription and providing or designating a Payment Method, you authorize us to charge you a monthly subscription fee at the then current rate, and any other charges you may incur in connection with your use of the Site, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons such as changing or adding a subscription plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
Billing Cycle. The subscription fee for our service will be billed at the beginning of the paying portion of your subscription and each month thereafter unless and until you cancel your subscription. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your VolVue subscription on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Subscription. Log into the Site and click the "Account" link to view your next renewal date. We may authorize your Payment Method in anticipation of subscription or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
Payment Methods. You may edit your Payment Method information by logging into the Site and clicking on the "Account" link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. We may update your Payment Method with information provided by the applicable payment service provider, and you authorize us to continue to charge the subscription fee to the updated Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your subscription will take effect following email notice to you.
Differing Subscription Plans. We may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at the time of your subscription or in other communications made available to you. You can find specific details regarding your VolVue subscription by logging into the Site and clicking on the "Account" link. Some promotional subscriptions may be offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the Site through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Cancellation. You may cancel your VolVue subscription at any time, and you will continue to have access to the Site through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS OR UNUSED SITE CONTENT. To cancel, log into the Site, click the "Account" link and follow the instructions for cancellation. If you cancel your subscription, your account will automatically deactivate at the end of your current billing period, and the deactivation date will be shown on the "Account" page. If you subscribed to VolVue using your account with a third party as a Payment Method, and wish to cancel your VolVue subscription at any time, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the VolVue service through that third party. You may also find billing information about your VolVue subscription by visiting your account with the applicable third party.
Any and all intellectual property rights (including, but not limited to, copyrights, trade secrets, database rights, trademark rights, rights to trade names, service marks and other product and service names and logos) ("Intellectual Property") associated with the Site and its Contents are, and shall remain, the sole and exclusive property of Market Computing or its data vendors and/or their suppliers and licensors and is protected by copyright and other intellectual property laws. All graphics, icons, and other items that appear on the Site may be registered or unregistered trademarks, service marks or trade dress (collectively, the "Marks") of Market Computing, or others entities that have granted Market Computing the right and license to use such Marks, and may not be used or interfered with in any manner without the express written consent of Market Computing or the appropriate third party owner of such Marks. Except as otherwise expressly authorized by these Terms of Use, you may not copy, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the Intellectual Property of the Site in any way without the prior written consent of Market Computing or the appropriate third party. Except as expressly provided herein, Market Computing does not grant to you any express or implied rights to the Intellectual Property of Market Computing or any third party. Any breach hereof by you may be enforced by Market Computing, its affiliates and/or their suppliers and licensors by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other rights and remedies that may be available. Actual or attempted illegal or unauthorized use of the Site, Marks or any Content are strictly prohibited and may result in criminal and/or civil prosecution.
Market Computing grants you a limited, personal, nontransferable, nonexclusive, revocable license to access and use the Site and the Content only in the manner presented by Market Computing and conditioned upon your compliance with these Terms of Use. The Site and the Content contained therein may only be used for your personal use. Except to the extent required by law, or as expressly provided herein, none of the Content or any component of the Site may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form by any means, resold or redistributed without the prior written consent of Market Computing. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by Market Computing.
You agree to use the Site in strict compliance with all applicable laws, rulings and regulations. Market Computing does not represent that the materials on the Site, including the Content, are appropriate or available for use in any particular location. If you access the Site including the Content therein, you are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content.
In addition to other restrictions set forth in these Terms of Use, you agree that (a) you will not use the Content or any portion of the Site as part of any intranet or other internal network; (b) you will not create archival or derivative works based on the Content or any portion thereof; (c) you will not use or access the Site in a way that, in the judgement of Market Computing, adversely affects the performance or function of the Site, or interferes with the ability of authorized parties to access the Site; (d) you will not use or attempt to use any "deep-link", "scraper", "robot", "bot", "spider", "crawler", "data-mining", "computer code" or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Site, or the Content found on or accessed through the Site, excluding authorized use of the API, without the prior express written consent of Market Computing; (e) you will not obtain or attempt to obtain through any means any Content on the Site that has not been intentionally made publicly available, either by their public display on the Site or through their accessibility by a visible link on the Site; (f) you will not violate any measure employed to limit or prevent access to the Site or the Content; (g) you will not violate the security of the Site or attempt to gain unauthorized access to the Site, the Content, or data, materials, information, computer systems or networks connected to any Market Computing server, through hacking, password mining or any other means; (h) you will not share your login information with anyone, and your VolVue account will only be used by one person; (i) you will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on or through the Site, including accessing any Content prior to the time that it is intended to be available to the public on the Site; (j) you will not take or attempt to take any action that, in the sole discretion of Market Computing, imposes or may impose an unreasonable or disproportionately large load or burden on the Site or the Market Computing infrastructure; and (k) certain areas of the Site are restricted to customers of Market Computing.
The Site may contain links to websites and resources, through hypertext or other computer links, operated by third parties other than Market Computing (collectively, the "Linked Sites"). These Linked Sites are provided solely for your reference, convenience, or attribution of a data vendor, and not as an endorsement by Market Computing of the content on such Linked Sites or the operator or operation of such Linked Sites. Market Computing makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content found on any Linked Site. Market Computing is not responsible for the availability of the Linked Sites or the content or activities of such Linked Sites. If you decide to access Linked Sites, you do so at your own risk. you agree that Market Computing shall have no liability to You or any other person or entity for the use of third party Linked Sites. In addition, your use of Linked Sites may be subject to any applicable policies and terms and conditions of use posted on such Linked Sites.
A portion of the Content contained on the Site may be supplied by third parties ("Third Party Content"). Market Computing is a distributor (and not a publisher) of such Third Party Content. Except to the extent that Market Computing seeks to enforce its rights under any of the terms of these Terms of Use, Market Computing does not have editorial control over any Third Party Content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or any user of the Site, are those of the respective author(s) or distributor(s) and not of Market Computing. Any reliance you place on Third Party Content is therefore at your own risk. Neither Market Computing nor any third-party provider or distributor of information guarantees the accuracy, completeness, or usefulness of any Content accessible through the Site, nor its merchantability or fitness for any particular purpose. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other Content accessible through the Site.
These Terms of Use will remain in full force and effect while you use the Site. You agree that Market Computing, in its sole discretion, may terminate or suspend your use of the Site or your subscription, at any time if Market Computing has a reasonable basis to believe that you are accessing or using the Site and/or Content in violation of these Terms of Use. Upon such suspension or termination, you will not be entitled to any refund of unused subscription fees. Access to the Site may also be terminated at any time without cause, in which case any unused subscription fees will be refunded. Upon suspension or termination, you must immediately (a) discontinue use of the Site, and (b) destroy any copies you have made of any portion of the Site or the Content. Accessing the Site after such termination or suspension shall constitute an act of trespass. Further, you agree that Market Computing shall not be liable to you or any third party for any termination or suspension of your access to the Site and/or the Content. The Terms of Use shall survive any such termination or suspension. If you cancel your subscription in accordance with these Terms of Use, you will maintain your subscription benefits until the end of your then-current subscription commitment, following which your subscription benefits will expire. However, in no event will you be eligible for a refund of any portion of the subscription fees paid for the then-current subscription period.
Market Computing is not a registered investment advisor or a broker-dealer. Market Computing does not make recommendations as to particular securities or derivative instruments, and does not advocate the purchase or sale of any security or investment by you or any other individual. Market Computing does not guarantee the accuracy, completeness or timeliness of the Content. By using the Content, you agree that use of the Content is entirely at your own risk. You understand and acknowledge that there is a very high degree of risk involved in investing and trading securities. We assume no responsibility or liability for your trading and investment results.
The Content on the Site is provided for informational purposes only and should not be construed as investment advice or trade suggestions. You should not rely solely on the Content in making any investment. Rather, you should use the Content only as a starting point for doing additional independent research in order to allow you to form your own opinion regarding investments and trading strategies.
The Content does not constitute a solicitation for the purchase or sale of securities. By using the Content, you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you. The Content is not intended to provide tax, legal or investment advice, which you should obtain from your professional advisor prior to making any investment.
MARKET COMPUTING, ITS AFFILIATES AND THEIR THIRD PARTY PROVIDERS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. MARKET COMPUTING, ITS AFFILIATES AND THEIR THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PERFORMANCE, ADEQUACY, ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE SITE, THE CONTENT OR ANY COMPONENT THEREOF OR ANY COMMUNICATIONS, INCLUDING BUT NOT LIMITED TO ORAL OR WRITTEN COMMUNICATIONS (INCLUDING ELECTRONIC COMMUNICATIONS) OR OUTPUT WITH RESPECT THERETO OR THAT THE SITE OR CONTENT WILL BE FREE OF VIRUSES, WORMS OR "TROJAN HORSES". FURTHER, THE CONTENT, MADE AVAILABLE ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THERE MAY BE TIMES WHEN THE SITE OR ITS CONTENTS ARE UNAVAILABLE. YOU ASSUME THE SOLE RISK OF USING AND/OR RELYING ON THE CONTENT MADE AVAILABLE ON THE SITE.
NEITHER MARKET COMPUTING, NOR ITS AFFILIATES, NOR THEIR THIRD PARTY PROVIDERS SHALL BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS OR DELAYS IN THE SITE, INCLUDING THE CONTENT. MARKET COMPUTING, ITS AFFILIATES AND THEIR THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SITE, INCLUDING INFORMATION, DATA, SOFTWARE, SERVICES, PRODUCTS, INFORMATION OR THE CONTENT CONTAINED THEREIN. THE SITE, THE CONTENT AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS AND YOUR USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK. MARKET COMPUTING, ITS AFFILIATES AND THEIR THIRD PARTY PROVIDERS DO NOT ACT NOR SHALL BE DEEMED TO BE ACTING AS A FIDUCIARY IN PROVIDING THE SITE OR THE CONTENT. THE CONTENT SHOULD NOT BE RELIED ON AND IS NOT A SUBSTITUTE FOR THE SKILL, JUDGMENT AND YOUR EXPERIENCE OR THE EXPERIENCE OF YOUR ADVISORS AND/OR CLIENTS IN MAKING INVESTMENT AND OTHER BUSINESS DECISIONS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, IN NO EVENT WHATSOEVER SHALL MARKET COMPUTING, ITS AFFILIATES, THEIR THIRD PARTY PROVIDERS, AND THEIR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS AND OPPORTUNITY COSTS, TRADING LOSSES, OR LOST TIME OR GOOD WILL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. NEITHER MARKET COMPUTING, ITS AFFILIATES NOR ANY OF THEIR THIRD PARTY PROVIDERS SHALL BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN THE EVENT THAT LIABILITY IS NEVERTHELESS IMPOSED ON MARKET COMPUTING, ITS AFFILIATES OR THEIR THIRD PARTY PROVIDERS, IN NO EVENT SHALL THE MAXIMUM CUMULATIVE LIABILITY OF MARKET COMPUTING, ITS AFFILIATES AND THEIR THIRD PARTY PROVIDERS IN CONNECTION WITH THE SITE, THE CONTENT AND/OR THESE TERMS OF USE, REGARDLESS OF THE FORM(S) OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100). NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO YOUR USE OF THE SITE OR THE CONTENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED. YOU ARE ENTIRELY LIABLE FOR ACTIVITIES CONDUCTED BY YOU OR ANYONE ELSE IN CONNECTION WITH YOUR BROWSING AND USE OF THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE.
These Terms of Use and the Privacy Policy constitute the entire agreement between you and Market Computing with respect to the use of the Site, including the Content contained therein, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof. To the fullest extent permitted by law, you shall indemnify, hold harmless and defend Market Computing, its affiliates and their respective directors, officers, employees and agents from and against any and all costs, claims, damages or liabilities (including reasonable attorneys' fees and court costs) arising out of your use of the Site, the Content, and/or material entered in to the Site by you and/or breach by you of these Terms of Use. These Terms of Use are personal to you, and you may not assign these Terms of Use or any of your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. These Terms of Use, your rights and obligations, and all actions contemplated by these Terms of Use shall be governed by the laws of the State of Delaware of the United States, and you hereby expressly agree that any proceeding arising out of or relating to your use of the Site and/or the Content shall be in the exclusive jurisdiction of the courts located within the state of Delaware.
These Terms of Use were last updated on August 1, 2024.