T3 Live 9.4.3 License Agreement
T3 Total Access End-User License Agreement
T3 Live LLC, or our affiliates (“T3 Live”, “we”, “our” or “us”), may make available to you software, application or services that allow you to access, use and view your T3 Live account via a mobile device (such as a mobile phone, tablet, smartphone, watch, eyeglasses, or other similar device) (“Mobile Device”). This software, application or service is called “T3 Total Access.”
Please read this end-user license agreement (“Agreement”) carefully before clicking the “Accept” button or downloading, installing, accessing or using T3 Total Access accompanying this Agreement. By clicking the “Accept” button or downloading, installing, accessing, using or viewing T3 Total Access or any of its contents, you are entering into and agreeing to be bound by the terms of this Agreement and the terms and conditions of T3 Live’s Privacy Statement available on T3 Live’s website, as amended from time to time. You understand that your account, and therefore the use of T3 Total Access in relation to your account, is governed by the T3 Live Customer Agreement, as amended from time to time, together with the additional terms detailed in this Agreement.
1. LICENSE GRANT
T3 Live grants you a limited, non-exclusive, non-transferable, revocable, personal license to install and use T3 Total Access on your Mobile Device. You may not modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on T3 Total Access, or remove any proprietary notices or labels on T3 Total Access. Title, ownership rights and intellectual property rights in and to T3 Total Access shall remain with T3 Live. You are solely responsible for all data electronically transmitted or the use of any data, information or services obtained through the use of T3 Total Access. You are solely responsible for following the rules of the website to which T3 Total Access can connect and T3 Live assumes no liability for damages that may result from your use or misuse of those sites.
This Agreement constitutes a license and a license only. You agree that you have not purchased a copy of T3 Total Access, but rather are paying for a license to use T3 Total Access and your adherence to all license terms shall be considered conditions precedent to your ability to continue to use and license T3 Total Access. All copyright rights and other intellectual property rights are owned and remain solely owned and held by T3 Live. You agree to use T3 Total Access, and all related software provided to you by T3 Live, solely to access and use the services of T3 Live and agree not to modify, decompile, reverse engineer, or create derivative works of T3 Total Access without the express written authorization of T3 Live. Except as otherwise required by applicable law or regulation, T3 Live, at any time in its sole discretion without prior notice, may (i) terminate your use and license of T3 Total Access, (ii) revise, or modify T3 Total Access, or (iii) discontinue support for T3 Total Access.
2. INTELLECTUAL PROPERTY NOTICE
T3 Total Access is owned by T3 Live or its affiliates, agents or licensors, as applicable. All rights, title and interest in and to T3 Total Access are reserved by T3 Live and its affiliates, agents or licensors, as applicable. All trademarks (including logos, service marks, trade names and icons), copyrights, patents, trade secrets, content, publicity rights and other intellectual property (collectively, the “Intellectual Property”) are proprietary to T3 Live, its affiliates, agents or licensors. You may not remove any proprietary notices, including, but limited to, copyright and trademark notices, from T3 Total Access or alter, obscure or modify such notices in any way. Except as expressly and unambiguously provided herein, T3 Live does not grant to you, any express or implied rights (whether by implication, estoppel or other legal theory) in or to the T3 Total Access or any other Intellectual Property.
3. PRIVACY AND SECURITY
Use of T3 Total Access services involves the electronic transmission of data and information to and from your Mobile Device across wireless and other networks. You acknowledge and agree that T3 Live does not operate or control the wireless and other networks used to access your account, and T3 Live is not responsible or liable for the privacy and security of your wireless data and information transmissions. You agree that it is your sole responsibility to confirm the privacy and security practices of the networks you use and to only use a reputable wireless service provider or a secure (not open) WiFi access point which is operated by a person or entity you have reason to trust.
You agree that T3 Live’s Privacy Statement, which is available on T3 Live’s website, shall apply to this Agreement and your use of T3 Total Access. T3 Total Access will collect unique device identifiers and may employ other technologies and practices to provide functionality for T3 Total Access.
You acknowledge and agree that it is your responsibility to maintain the security of your Mobile Device from unauthorized access. You further agree that in the event of any unauthorized access, or attempt to access your Mobile Device or your account, you shall immediately notify T3 Live of any such access or attempt and cooperate with any investigation by T3 Live into such access or attempt.
By installing T3 Total Access on your Mobile Device, you are consenting to the transmission of data related to your use of T3 Total Access to servers in the United States or other territories as applicable.
You understand that the information available through T3 Total Access, including through other links within T3 Total Access (“Information”), has been produced by independent providers unaffiliated with T3 Live. The Information is believed to be reliable. However, T3 live and its affiliates are not responsible for the content and the timeliness, sequence, accuracy, adequacy, or completeness of the Information is not guaranteed either by T3 Live or by the independent providers. Any opinions or recommendations expressed through other links are solely those of the independent providers and are not the opinions or recommendations of T3 Live or its affiliates. You agree that you will not attempt to hold T3 Live liable for any Information provided through T3 Total Access.
5. DISCLAIMER OF WARRANTIES
T3 LIVE HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF FITNESS FOR A PARTICULAR USE, WARRANTY AGAINST INTERFERENCE WITH ENJOYMENT OF THE INFORMATION OR AGAINST INFRINGEMENT, AND ANY AND ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE INFORMATION OR ANY ASPECT OF T3 TOTAL ACCESS. T3 TOTAL ACCESS IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE AND EFFORT IS WITH YOU. PORTIONS OF T3 TOTAL ACCESS ARE SUBJECT TO ADDITIONAL LIMITATIONS AND DISCLAIMERS AS SET FORTH BELOW.
6. LIMITATION OF LIABILITY
IN NO EVENT WILL T3 LIVE, ITS AFFILIATES, OR ANY THIRD PARTY, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES AND/OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF T3 TOTAL ACCESS, EVEN IF T3 LIVE, OR ANY THIRD PARTY, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NEITHER T3 LIVE, ITS AFFILIATES, NOR ANY THIRD PARTY SHALL BE LIABLE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH ENTITY DOES NOT HAVE DIRECT CONTROL, INCLUDING BUT NOT LIMITED TO FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, SEVERE WEATHER, EARTHQUAKES AND STRIKES OR OTHER LABOR PROBLEMS. IN ANY CASE, THE ENTIRE LIABILITY OF T3 LIVE AND ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS AND LICENSORS, FOR ANY DAMAGES FOR WHATEVER REASON AND UNDER WHATEVER THEORY OF LIABILITY, SHALL BE LIMITED TO TEN DOLLARS ($10.00).
7. ADDITIONAL TERMS
You agree that T3 Live has the right to limit, alter or discontinue available features and services, terminate or suspend the T3 Total Access at any time and at T3 Live’s sole discretion with or without notice.
It is your responsibility to ensure that T3 Total Access is compatible with your Mobile Device and related software. T3 Live will provide you with updates and modifications to its T3 Total Access service as and when these become available. It is your responsibility to install these updates and modifications and T3 Live will operate on the basis and assume that you have done so. You agree that you will not attempt to hold T3 Live liable for any damages you incur as a result of any incompatibility issues between T3 Total Access and your Mobile Device. You also acknowledge and agree that certain Mobile Devices may provide different features, Information, services and trading capability than other Mobile Devices and T3 Total Access functionality and features may differ by Mobile Device. Certain Mobile Devices may have greater limitations and provide less T3 Total Access services than others.
You acknowledge and agree that T3 Live is entitled to assume that any instruction transmitted via a Mobile Device using your account details has been transmitted by you or by a person duly authorized by you and is at your discretion. Therefore, T3 Live has the absolute authority to effect any instruction made via a Mobile Device, where the requisite account and password information in relation to your account has been provided. You must immediately inform us if you are aware or suspect that a third party has had access to your username or password or if you suspect that any person other than you or any duly authorized third party is utilizing your account. You also acknowledge and agree that T3 Live is entitled to decline to process any instruction transmitted via a Mobile Device using your account details in its sole discretion, if T3 Live suspects fraud, unauthorized use or for any other reason.
If, as a result of the error or failure of the T3 Total Access that is out of our control, our internal records are at variance with your mobile records or own recollection, the version of events supported by our records will prevail and any obligations on either party shall be assessed on the basis that our internal records are correct.
We do not accept any liability for damage to your mobile device or for any loss of functionality that results from your use of T3 Total Access and you agree that you will not attempt to hold T3 Live liable for any such damage or loss of functionality.
Although T3 Live will not charge you additional fees for using T3 Total Access, you may be charged by your Mobile Device carrier for data network usage. Because the T3 Total Access application provides access to extensive streaming of live trading commentary, you understand that T3 Live recommends that you obtain an unlimited data plan from your Mobile Device provider.
T3 Live may require you to update your version of T3 Total Access at any time. While we will attempt to retain your personal settings and preferences, there is still the possibility that they may be lost.
As part of T3 Total Access, you may receive push notifications, text messages, alerts, or other types of messages sent to you outside or inside T3 Total Access ("Push Messages"). You have control over the Push Messages settings, and can opt in or out of these Push Messages through T3 Total Access or through your device’s operating system (with the exception of Urgent Notifications). Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier.
You hereby represent and warrant (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. RISKS ASSOCIATED WITH MOBILE TECHNOLOGY
Due to the nature of mobile technology you should be aware of the following risks related to T3 Total Access and information sent via mobile phone:
T3 Total Access may not allow the same functionality, access to information and services which are available when not using a Mobile Device.
Due to the nature of Mobile Devices, we do not warrant that the operation of the T3 Total Access Mobile services will be uninterrupted or entirely error-free. For example, due to service connectivity or internet connection difficulties endemic with mobile applications the service may, from time to time, be subject to delay, error or failure, with results that include, but are not limited to, the following:
- the services delivering inaccurate information including price and/or quote information;
- delay in receipt of information by us from your Mobile Device or from us to your Mobile Device; or
- a failure of your Mobile Device to receive any messages from us;
You agree that you will not attempt to hold T3 Live liable for any damages related to any of the above issues or any other related issues.
It is possible that a wireless connection or function may not be available when using T3 Total Access or is interrupted, or that a feature can be disabled, when attempting to use another feature on your Mobile Device.
This Agreement represents the entire agreement between the parties regarding its subject matter and supersedes any prior or inconsistent agreements, negotiations, representations and promises, written or oral.. T3 Live may amend this Agreement from time to time, and you agree to be bound by future revisions. The revisions will take effect on the date of publication of the amended Agreement.