Telezio LLP, or our affiliates ("Telezio", "we", "our" or "us"), may make available to you software, application or services that allow you to access and use your Telezio LLP account via a mobile device (such as a mobile phone, tablet, smartphone or other similar device) ("Mobile Device"). This software, application or service is called EyeOnMyStocks.
Please read this end-user license agreement ("Agreement") carefully before clicking the "Accept" button or downloading, installing, accessing or using EyeOnMyStocks accompanying this Agreement. By clicking the "Accept" button or downloading, installing, accessing or using EyeOnMyStocks, you are entering into and agreeing to be bound by the terms of this Agreement and the terms and conditions of Telezio LLP’s Privacy Statement available on Telezio LLP’s website, as amended from time to time. You understand that your brokerage account, and therefore the use of EyeOnMyStocks in relation to the brokerage account, is governed by the Telezio LLP Privacy Statement, as amended from time to time, together with the additional terms detailed in this Agreement.
Telezio LLP grants you a limited, non-exclusive, non-transferable, revocable, personal license to install and use EyeOnMyStocks on your Mobile Device. You may not modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on EyeOnMyStocks, or remove any proprietary notices or labels on EyeOnMyStocks. Title, ownership rights and intellectual property rights in and to EyeOnMyStocksshall remain with Telezio LLP. You are solely responsible for all data electronically transmitted or the use of any data, information or services obtained through the use of EyeOnMyStocks. You are solely responsible for following the rules of the website to which EyeOnMyStockscan connect and Telezio LLP 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 EyeOnMyStocks, but rather are paying for a license to use EyeOnMyStocks and your adherence to all license terms shall be considered conditions precedent to your ability to continue to use and license EyeOnMyStocks. All copyright rights and other intellectual property rights are owned and remain solely owned and held by Telezio LLP and you agree that you will not sell, transfer, copy, distribute, make derivative works of, sublicense, or otherwise use EyeOnMyStocks outside the scope of this license without the express written authorization of Telezio LLP.
EyeOnMyStocks is owned by Telezio LLP or its affiliates, agents or licensors, as applicable. All rights, title and interest in and to EyeOnMyStocksare reserved by Telezio LLP 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 Telezio LLP, its affiliates, agents or licensors. You may not remove any proprietary notices, including, but limited to, copyright and trademark notices, from EyeOnMyStocks or alter, obscure or modify such notices in any way. Except as expressly and unambiguously provided herein, Telezio LLP does not grant to you, any express or implied rights (whether by implication, estoppel or other legal theory) in or to EyeOnMyStocks or any other Intellectual Property.
Use of EyeOnMyStocks involves the electronic transmission of data and information to and from your Mobile Device across wireless and other networks. You acknowledge and agree that Telezio LLP does not operate or control the wireless and other networks used to access your account, and Telezio LLP 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 Telezio LLP’s Privacy Statement, which is available on Telezio LLP’s website, shall apply to this Agreement and your use of EyeOnMyStocks. EyeOnMyStocks will collect unique device identifiers and may employ other technologies and practices to provide functionality for EyeOnMyStocks.
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 Telezio LLP of any such access or attempt and cooperate with any investigation by Telezio LLP into such access or attempt.
By installing EyeOnMyStocks on your Mobile Device, you are consenting to the transmission of data related to your use of EyeOnMyStocks to servers in the United States or other territories as applicable.
You understand that the information available through EyeOnMyStocks, including through other links within EyeOnMyStocks ("Information"), has been produced by independent providers unaffiliated with Telezio LLP, various securities markets, such as stock exchanges and their affiliates, and by other outside sources. The Information is believed to be reliable. However, the timeliness, sequence, accuracy, adequacy, or completeness of the Information is not guaranteed. Any opinions or recommendations expressed are solely those of the independent providers and are not the opinions or recommendations of Telezio LLP or its affiliates. You agree that you will not attempt to hold Telezio LLP liable for any Information provided through EyeOnMyStocks.
TELEZIO LLP 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 EYEONMYSTOCKS. EYEONMYSTOCKS 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 EYEONMYSTOCKS ARE SUBJECT TO ADDITIONAL LIMITATIONS AND DISCLAIMERS AS SET FORTH BELOW.
IN NO EVENT WILL TELEZIO LLP, 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 EYEONMYSTOCKS, EVEN IF TELEZIO LLP, OR ANY THIRD PARTY, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. NEITHER TELEZIO LLP, 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 TELEZIO LLP 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).
Due to the nature of mobile technology you should be aware of the following risks related to EyeOnMyStocks and mobile phone trading:
You agree that you will not attempt to hold Telezio LLP liable for any damages related to any of the above issues or any other related issues.
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. Telezio LLP may amend this Agreement from time to time. The revisions will take effect on the date of publication of the amended Agreement.