Terms Of Use

These Terms of Use (“TOU” or “the Agreement“) govern your use of the 8Alert Ltd. (“8Alert” or “we” or “us“) services (“Services“) described in this document, the 8Alert software (“Software”), and the 8Alert website (“Website”). Please read the TOU carefully before you proceed with the registration because it constitutes a binding legal contract between us. By continuing to access, link to, or use this Website or any Service on this Website, you indicate your acceptance of the terms of 8Alert. 8Alert reserves the right to amend, remove, or add to the TOU at any time. Such modifications become effective immediately. Therefore, please continue to review the TOU whenever accessing, linking to, or using this Website. If you access, link to, or use the Website, or any Service on this Website after we post any modifications to the TOU, you indicate acceptance of the modified TOU.

GENERAL TERMS

1. User Consent to the TOU You state that you have read the TOU, that you agree to it, and that you are bound by it.

2. Intellectual Property This Website, including all text, content, photographs, videos, audio, and graphics (the Service) is 8Alert’s intellectual property and it is protected by the proprietary rights and laws of the State of Israel and of other countries. You agree to abide by all applicable copyright and other laws, as well as by all additional copyright notices and restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by 8Alert by the expenditure of substantial amounts of time, effort, and money, and that it constitutes valuable intellectual property of 8Alert. During and after the term of this Agreement, you agree to protect the proprietary rights of 8Alert and of all others who have rights in the Service, and to comply with all reasonable written requests in the matter from 8Alert.

3. License Grant Subject to the terms and conditions of this Agreement, 8Alert grants you a personal, non-exclusive, revocable license to use the Software and Services, as provided by 8Alert, during the term of the Agreement, as defined in this document. Your limited right of use expires automatically upon the termination or cancellation of this Agreement by either party, for any reason. You are granted a license to use the Service only as long as this Agreement is valid, after which your rights of use are exhausted and you will not be entitled to any further use until you are granted a new license. 8Alert may choose to discontinue offering new licenses for any and all or our Services at any time. You are granted a license for your personal use only. You may not transfer your license to anyone else without our prior written and express consent. You may not use the Service for any illegal purposes, for helping violate any law or regulation, or in any manner inconsistent with the TOU. You agree to use the Service exclusively for your own non-commercial benefit. You cannot resell the Service, transfer it to another, or use it for the benefit of another person or entity. You agree not to use, transfer, or distribute any information contained in the Service in any manner that could compete with the business of 8Alert or of any of its suppliers. The Service is not offered whenever its use is not permitted under local law.
   • You may not change, copy, distribute, broadcast, present, execute, photocopy, publish, or sell any item of information, Software, or Service that appears on this Website or in the application.
   • You may not scan, copy, access, or use the information by means of software for automated information retrieval, such as robots, crawlers, and the like.
   • You may not use such software to copy information into any database, digest, Internet website, or any other computer software other than the 8Alert Website itself.
   • You may not display in any way the Website, the application, or any portion of it, including by means of any software, device, accessory, or communications protocol that modifies the Website design or removes any information from the Website, including the 8Alert trademarks.
   • No links to the 8Alert website are permitted from any website containing pornographic content, content that incites to racism or prohibited discrimination, that contravenes the law, or that promote activity that is against the law.
   • No links are permitted to information on the Website that is disconnected from the web pages on which the information appears. For example, direct links to an image or to a Flash file are forbidden.

4. No Modification of Content You agree not to rearrange or modify any of the content of the Website (“the Content”). You agree not to create abstracts from the Content, scrape the Content, or display headlines from the Content for use on another website or service. You agree not to use the Content for commercial purposes, including algorithmic trading programs. You agree not to upload, post, or submit any Content from the Service to weblogs, newsgroups, mailing lists, or electronic bulletin boards.

5. Registration We require you to register before obtaining access to the Service. When you register, you agree to provide true and accurate information about yourself. You understand that any information you provide as part of the registration, or that we otherwise collect about you, is subject to our Privacy Policy. When you register, you must select a unique user name and password. We reserve the right to refuse giving you a user name if it impersonates someone else, or if we find that it is otherwise inappropriate. It is your responsibility to choose your password wisely. We are not responsible for any user impersonating you on our Service. If you have concerns or believe that someone is using your password without your authorization, please contact Support. We reserve the right to disclose any information about our users, including registration data, in order to comply with any applicable laws or requests, for purposes of business continuity, or to safeguard our IP.

6. Service Account You need a valid 8Alert account in order to access and use the Service. To open an account, you must complete the registration process and provide current, complete, and accurate information, as prompted by the registration form. If we suspect that the information you provide is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your use of the Service. Accounts are non-transferable. They cannot be shared or used by more than one individual. After you accept this Agreement and return to the registration page of the Service, you will be prompted to complete the initial registration and complete the payment steps, if they are applicable. During the registration process you will choose a personal, non-transferable password, and for any usage charges incurred by the use of that password. You will be responsible for your account (as represented by your user name and password) and for any misuse of the account. Therefore, you must make sure to safeguard your credentials and avoid any misuse.

7. Fees, Renewals, and Cancellation Payment for use of the Services will be charged monthly, in advance. All fees and charges are non-refundable. Your subscription is renewed automatically unless it is terminated by 8Alert in accordance with this Agreement, or unless you notify us of your decision to cancel your subscription. The appropriate monthly fee for your subscription will be billed automatically at the beginning of each renewal period to the credit card designated by you during registration (or subsequently changed by you), unless you cancel your subscription before the beginning of the relevant renewal period. You agree to pay all fees and charges incurred in connection with your username and password, including applicable taxes, at the rates in effect when the charges were incurred. 8Alert may change the fees or charges for the use of the site or any portion of it. Any change to the fees or charges for use of the Services during your current subscription period become effective at the beginning of the first renewal period, following notice of such change. You agree to accept notices about changes in fees or charges by our posting the information on the 8Alert website or by sending you email messages, as determined by 8Alert at its sole discretion.

8. Termination of Agreement 8Alert is entitled to terminate your license for the Service, withdraw your registration, and disable your access to the services, temporarily or permanently, at its sole discretion, in each of the following cases: (i) if you used the Service to commit or try to commit an unlawful act, an act deemed to be unlawful, or an act that helped or encouraged the commission of such an act; (ii) if you did no comply with this Agreement; (iii) if you committed an act that would prevent others from registering to the Services, using it, or benefiting from it in any way; (iv) if you deliberately submitted false information when you registered for the Service; (v) if you committed an act deemed harmful to 8Alert or to any third parties, including other users of the Service, or caused such harm by omission; (vi) in case of bankruptcy, filing for court protection from creditors, or winding up. Notwithstanding the above, 8Alert may terminate this Agreement for any reason, at its absolute discretion, subject to reasonable prior written notification to you (“Termination Notice“), in which case you will be charged, if applicable, only for the period of time that the Service has been available to you, including during the period of the Termination Notice. You may terminate your license to the Service at any time, through the 8Alert Website, at www. 8alert.com, using the “Contact us” form. If you are asked to verify the termination notice by return e-mail or by fax, you must do so in order to terminate your license. Termination of the Service becomes effective at the end of your term of agreement. You agree to stop using any of the Services and the Software after the termination of your license. 8Alert may give notice of termination by means of a general notice displayed on the 8Alert Website, by electronic mail sent to your e-mail address stored by 8Alert with your account information, or by written communication, sent by first class mail to your address stored by 8Alert with your account information. You may give notice to 8Alert at any time by sending electronic mail to support@8alert. Such notice will be considered to have been given when it is received by 8Alert.

9. The Service Following your successful registration, you can use our software as a decisions support system in your trading environment. Among others, the software will expose you daily to real-time Content provided in a nutshell. Examples of such Content are 8Alert references (which are not to be regarded as recommendations under any circumstances), news alerts, market influences, trends, and indicators (all of which we refer to as “Alerts”). Alerts are displayed in a small pop-up window in the 8Alert application running on your personal computer, as well as on our Website. The Service may contain links to third-party websites not under the control or operation of 8Alert. 8Alert is not responsible for the contents of any linked sites or of sites linked with any of the linked sites. You agree that you are responsible for obtaining and maintaining all computer hardware, software, communication equipment, and access lines necessary to access the Service. You will bear all costs and expenses associated with such materials and with your rights and obligations under this Agreement. The Service is not offered whenever its use is not permitted under local law.

10. Service Modification Occasionally, 8Alert may introduce, without prior notice additional services, or enhance, modify, or change the existing Service, including its design, scope, and availability. 8Alert may offer the new or modified Service at its sole discretion, during the term of this Agreement. 8Alert may refuse to let you use future or modified Services for any reason, or allow you to use the modified Service contingent upon your agreement to additional or modified TOUs. You agree that 8Alert will not be held liable for inconveniences or malfunctions that may occur at such times. 8Alert may choose to cancel the Service.

11. Software Updates Occasionally, 8Alert may deliver new Software versions or updates (the “Updates“) to enhance the functionality and security of its software. Updates may be delivered when you are connected to the Internet, without prior notification. Although 8Alert will take reasonable measures to reduce any inconvenience or interruption of Service. You may be asked to install the Updates to your Software and to activate them. Notwithstanding anything else in this Agreement, 8Alert will bear no responsibility for your failure to install or activate Updates.

12. Disclaimers and Liability
    1. You agree that your access to the Service and to the Content available through the Service is on an “as is” and “as available” basis. 8 Alert and its information providers specifically disclaim any representations or warranties, express or implied, of merchantability or fitness for a particular purpose. We do not provide tax or investment advice, and we do not advocate the purchase or sale of any security or investment. You should always seek the assistance of a professional for tax and investment advice. Certain information and data provided in connection with the Service may be delayed, as specified by financial exchanges or information providers. You agree not to use errors or omissions in such information as the basis for any claim, demand, or cause of action against 8Alert or any of its information providers. We may link to websites, promote services from other companies, or offer you the option to download software from other companies. You acknowledge that we are not responsible for those websites, services, and software, and that we have no control over them.
    2. Limitations of Liability. Neither 8Alert nor any of its information providers, their subsidiaries, affiliates, shareholders, directors, officers, employees, and licensors (the “Excluded parties“) will be liable, jointly or severally, to you or to any other person, as a result of your access or use of the Service for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings, and lost revenues, whether or not caused by negligence, tort, contract, or other theory of liability. You understand and agree that your use of the Service is at your own risk.
    3. You are entirely responsible for your use the Website, the application, and the information. In particular, you are entirely and exclusively responsible for any decision you should make with regard to the information provided by 8Alert, or based on this information.
    4. 8Alert will not be liable for any damage due to failure to receive information that you sent through the Website, or due to failure to respond to your enquiry through the Website, or due to any corruption of information resulting from failure in your computer system. 8Alert will not be liable for any damage you may incur because of any fault, failure, or erroneous operation of the Website operating software, access to the Website, or for any loss or consequence of failure to comply with this TOU.
    5. You are responsible for ensuring that no virus or other malicious software enters your system, and for taking all required measures to safeguard your credentials for accessing your protection systems.
    6. Use of the Internet is prone to malfunctions and risks inherent in the Internet network and in computer systems, which are based on software, hardware, and communication networks. Therefore, 8Alert will not be liable for any damage, loss, expense, or consequence of any malfunction or disruption of communication links, in website operation, or in data transmission caused by malfunctions that are beyond our control.

13. Disclaimer You agree that your use of the Alerts and of any other information you obtain by using the Service is at your sole risk. You acknowledge that the Service is provided for information purposes only, and that it is not intended to serve as advice or recommendation in you trading decisions. Past performance may be analyzed as part of the information provided to you in connection with the Service, but you should not consider it to be indicative of future performance. You acknowledge that 8Alert is not a broker or investment advisor, and that it does not make buy, sell, or hold recommendations. 8Alert insists that you should not make any trading decision without first consulting your financial advisor and conducting your own research and due diligence, including carefully reviewing the prospectuses and other public filings relevant to your trading decisions. The Service provides information collected from various sources, such as quarterly reports, the New York Stock Exchange, the American Stock Exchange, NASDAQ, and others. 8Alert does not guarantee the accuracy, completeness, or timeliness of the sequences of alerts and of the Service in general. The provision of portions of the Service is subject to the terms and conditions of other parties involved. 8Alert obtains its information from sources it believes to be trustworthy. But because of possible human or mechanical errors by 8Alert or its sources, 8Alert cannot guarantee the accuracy, adequacy, or completeness of any of the information it provides, and it is not responsible for any errors or omissions. 8Alert is not responsible for the results you achieve by using the information it provides, and therefore you acknowledge that 8Alert cannot and will not make any guarantee or other promise regarding any results that may be achieved by using this information.

14. Indemnity You agree to indemnify and hold 8Alert and our subsidiaries, affiliates, officers, agents, employees, partners, and information providers harmless from any claim or demand, including reasonable attorney’s fees, made by any third party arising from of your use of the Service and from your violation of this agreement.

15. Technical Support This Agreement does not entitle you to receive any printed documentation or technical support. Email assistance is available to you during the term of this Agreement. 8Alert does not guarantee that email assistance will solve the problems you may encounter using the Service or the Software. It is your obligation to back up and secure any valuable personal data and files before carrying out any recommendations you may have received from 8Alert support personnel by email or any other means available to 8Alert.

16. Links in the website This Website may contain links to other websites that are not operated by us. We have no control and no supervision over these websites or the information contained in them. The fact that our Website contains links to such websites and information does not attest to our approval of their content; it is no guarantee that they are reliable, current, or legal; it is no guarantee that the owners of this content are taking proper privacy measures; it is no guarantee as to any other aspect of the operation of these websites. Therefore, we are not liable in any way for content that appears on these websites, for activity taking place on these websites, for the various services that may be offered on these websites, or for any result due to reliance on these websites or on the information available on them. We may remove previously included links from our Website at our discretion.

17. Law and jurisdiction Use of the Website and of the associated Service is subject only to the law of the State of Israel. Sole jurisdiction for any matter arising from this agreement or from the Website lies with the competent court in the Tel-Aviv district of the State of Israel. Note that using the information provided by 8Alert, relying on it, and taking action based on it may be restricted or illegal according to the laws of other countries. Therefore, before using the information, you should check whether the applicable laws allow you to use the information, and if yes, to what degree.