TERMS OF USE

This website and the services of TickIt Trading Systems LLC and its affiliates (collectively, “TickIt”) available via this website (the “Site”) are provided subject to the terms set forth herein. If you visit the Site, you agree to be bound by these Terms of Use.

TickIt reserves the right to make changes at any time to the Site or these Terms of Use.  Any modifications to the Terms of Use will be effective upon posting. Your continued use of the Site following posting of any revised Terms of Use will constitute acceptance of the modified Terms of Use.

Trademarks and Copyrights

TICKIT, TICKIT TRADING SYSTEMS LLC, TickIt’s logo, THE POWER TO CHANGE YOUR FUTURES, SHIFTING THE PARADIGM OF FUTURES TRADING, ALGO BUILDER and other marks displayed on our Site are the proprietary service marks or trademarks of TickIt or third parties.  TickIt’s marks may not be used in connection with any product or service that is not TickIt’s, in any manner that is likely to cause confusion among consumers, or to disparage or discredit TickIt. All other trademarks and service marks not owned by TickIt that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TickIt.  You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the respective owner thereof.

All content on this Site, including, but not limited to, works of authorship, software, design, text, graphics, photos, logos, button icons, images, video demos and data compilations; any improvements or modifications to such content; any derivative works based thereon; and the collection, arrangement and assembly of all content on this Site, are the property of Ticket or its licensors and are protected by United States and international copyright and other intellectual property laws.

Nothing in these Terms of Use shall be deemed to grant to you or any other user any license or right in or to any copyright, trademark, trade secret or other proprietary right of TickIt or any other person.

Use of the Site

The Site may include information regarding TickIt, its products and services and other information and materials proprietary to TickIt, as well as links to third party websites.  You may download, view, copy and print information, materials and any other aspect of this Site (i) solely for your personal, non-commercial informational purposes; and (ii) provided that neither the materials, nor any proprietary notices or disclaimers therein, are modified or altered.

You agree not to upload on or transmit to or via the Site any information which:  (i) infringes or otherwise violates any copyright, patent, trademark, trade secret or other proprietary right; (ii) is defamatory, libelous, expresses hate, or is unlawfully threatening; (iii) is pornographic, obscene or exploitative of a minor; (iv) contains or embodies a virus, worm, Trojan horse or other contaminating or destructive feature; or (v) otherwise violates any applicable treaty, law or regulation.

You agree you will not interfere, in any way, with others’ use of or access to the Site and will not attempt to gain unauthorized access to the computer system of any other Site user.  You further agree not to take any other action in connection with your use of the Site which violates any treaty, law or regulation and to fully comply with all applicable treaties, laws and regulations in your use of the Site. 

You agree to access the Site through a web browser, and specifically agree not to use any third party applications to access the Site or any other page of the Site. You further agree that you will not use any robot, spider or other automatic device, manual process or application or data mining or extraction tool to access, monitor, copy or use the Site. You agree not to take any other action that imposes an unreasonable or disproportionately large load on the Site.

Except as expressly provided herein, you may not use, download, upload, reproduce, copy, duplicate, print, display, perform, republish, sell, license, post, transmit, disseminate, redeliver using “framing technology,” otherwise distribute, or commercially exploit in any way, the Site or any portion thereof or any information or content on the Site, without the prior written permission of TickIt. 

Unauthorized Use of the Site

TickIt reserves the right to investigate and take legal action against any illegal and/or unauthorized use of the Site, including but not limited to: unauthorized access to the Site through a third party application, robot, spider, automated device, or data mining or extraction tool or other unauthorized means; interference with the Site; action that imposes an unreasonable load on the Site.  TickIt’s decision not to pursue legal action for any violation of the Terms of Use shall not be construed as a waiver of the Terms of Use or TickIt’s legal rights. 

Privacy

The terms of the TickIt Privacy Statement are hereby incorporated as part of these Terms of Use. TickIt Privacy Statement.

Submitted Materials

Except where otherwise expressly provided by TickIt, all comments, feedback, information or other materials posted or submitted to TickIt through or in association with the Site (collectively, “Submitted Materials”) shall be considered non-confidential and TickIt’s property. By submitting such Submitted Materials to TickIt, you agree that you assign to TickIt, without charge, all worldwide rights, title and interest, including copyrights and other intellectual property rights, in and to such Submitted Materials, and that TickIt shall be free to use such Submitted Materials in any manner or media whatsoever, on an unrestricted basis and without any attribution, compensation or royalties to you.

TickIt Does Not Endorse Comments of Users

TickIt does not necessarily endorse, support, sanction, encourage, verify, or agree with any comments, opinions, or statements of third parties as may be displayed on or transmitted via the Site. Any information or material placed on the Site by third parties are the views and responsibility of those who post the statements, and do not necessarily represent the views of TickIt.

No Financial Advice Provided

No aspect of the Site is intended to provide, or should be construed as providing, any investment, tax, trading or other financial related advice or recommendation of any kind.  You should not consider any content on the Site to be a substitute for professional financial advice.

Links to Third Party Sites

You acknowledge that, at any time, TickIt may provide links to the websites of third parties. TickIt is not responsible for the content of any links, or any products, services or other materials relating to any linked site, or any link contained in a linked site. The display of any link does not imply endorsement by TickIt of the linked site or any content therein.  IN NO EVENT WILL TICKIT BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.

Disclaimer of Warranties and Limitation of Liability

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, OR ANY INFORMATION, CONTENT, SERVICES AND MATERIALS CONTAINED IN, ACCESSED VIA, OR DESCRIBED ON THE SITE, IS AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, CONTENT, SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TICKIT MAKES NO, AND HEREBY DISCLAIMS ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND USE OF THE SITE OR ANY 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, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  Neither the Site, nor any information, CONTENT, materials, 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 security, financial product, INVESTMENT MANAGER, or trading or investment strategy. IN ADDITION, TICKIT DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND TICKIT IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM YOUR RELIANCE ON ANY ASPECT OF THE SITE.  FURTHER, TICKIT MAKES NO REPRESENTATIONS AND WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. 

IN NO EVENT SHALL TICKIT OR ANY OF ITS AFFILIATES, OR THE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF TICKIT OR ANY OF ITS AFFILIATES (THE “TICKIT PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE, OR ANY INFORMATION, CONTENT, MATERIALS OR SERVICES AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

CERTAIN STATE LAWS DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold the TickIt Parties harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys' fees, disbursements and court costs) arising from or in connection with (i) use of the Site, or any content, information, materials or services contained, displayed or available therein by you; (ii) your violation of these Terms of Use; (iii) any Submitted Materials provided to TickIt; or (iv) your violation of any rights of any third party.

Modification or Discontinuance of the Site by TickIt

At any time, without notice to you, and for any or no reason, TickIt may modify or discontinue the Site. TickIt shall in no way be held liable for any consequence which results from TickIt’s decision to modify or discontinue providing the Site.

Denial of Access

TickIt may prohibit you from using or accessing the Site for any or no reason, at any time, in its sole discretion, without notice to you.

Governing Law

The laws of the State of Illinois will govern these Terms of Use, without giving effect to any principles of conflicts of laws. You agree that any action arising out of the Terms of Use or your use of the Site shall be brought in state or federal court in Chicago, Illinois, and you consent to the jurisdiction of such courts.

Miscellaneous

You may not assign or otherwise transfer these Terms of Use or any rights or obligations hereunder. TickIt’s failure to act on any breach of any provision hereof shall not be construed as a waiver of the enforcement of any provision unless TickIt agrees to such waiver in writing.

If any portion of these Terms of Use is deemed unlawful, void or unenforceable, that portion will be deemed severable and will not affect the validity or enforceability of the remaining provisions. These Terms of Use set forth the entire understanding between you and TickIt with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and TickIt with respect to such subject matter.

Contact

If you have any questions relating to these Terms of Use, the Site or TickIt, please contact: privacy@tickit.com.

Notice and Procedure for Making Claims of Intellectual Property Infringement

TickIt respects the intellectual property rights of others.  If you believe that any content on this Site may infringe your copyrights or other intellectual property rights, please provide TickIt the written information specified below. Please note that this procedure is exclusively for notifying TickIt that your intellectual property rights have been infringed.  

• An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
• A description of the intellectual property right that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the intellectual property owner or authorized to act on the intellectual property owner's behalf.

TickIt’s agent for notice of claims of copyright infringement or other intellectual property infringement on the Site can be reached as follows:

Intellectual Property Agent

TickIt Trading Systems LLC

141 West Jackson Boulevard

Suite 3040

Chicago, Illinois 60604

phone: (312) 341-7453

50562385v4