These Terms of Use are effective from 1st July 2024
By accessing or using our https://www.marketpulse.com/ website or mobile application (“MarketPulse”), you agree to comply with and be bound by the following terms and conditions. If you do not agree with these terms, you should not access or use MarketPulse.
1. INTRODUCTION
1.1. These Terms of Use set out the legally binding terms and conditions between you and us, OANDA Business Information and Services Inc., with registered address at c/o The Corporation Trust Company, Corporation Trust Centre, 1209 Orange St., Wilmington, DE 19801, which apply when you access or use MarketPulse. These Terms of Use replace any previous terms of use between you and us.
1.2. OANDA Business Information and Services Inc. operates MarketPulse, an award-winning news site that delivers round-the-clock commentary on a wide range of asset classes, as well as in-depth insights into the major economic trends and events that impact the markets. We refer to OANDA Business Information and Services Inc. in thesis Terms of Use as “OANDA”, “We”, “Our” and “Us”. OANDA is also the owner of the MarketPulse mobile app which was published in mobile app stores by OANDA Corporation.
2. CONTENT AND USE
2.1. The information contained on MarketPulse has no regard to the specific investment objective, financial situation or particular needs of any specific recipient. OANDA does not endorse or recommend any particular securities, currencies, or other financial products. The content published on MarketPulse is solely for informational purposes and is not to be construed as solicitation or any offer to buy or sell any spot currency transactions, financial instruments, or other securities. OANDA does not represent or guarantee that any content on MarketPulse is accurate, nor that such content is a complete statement or summary of the marketplace. Nothing contained in MarketPulse is intended to constitute investment, legal, tax, accounting, or other professional advice and you should not rely on the reports, data, or other information provided on or accessible through MarketPulse for making financial decisions. You should consult with an appropriate professional for specific advice tailored to your situation and/or to verify the accuracy of the information provided on MarketPulse prior to making any investment decisions.
2.2. Unless otherwise specified, MarketPulse website, mobile application, and their content are for your personal and non-commercial use. You may not modify, copy, distribute, display, perform, reproduce, publish, license, create derivative works from, transfer, retransmit, or sell any information, software, products or services obtained from MarketPulse. You may not use any computerised or automatic mechanism, including, without limitation, any web scraper, spider, or robot, to access, extract and/or download any information from MarketPulse.
2.3. MarketPulse may contain links to websites controlled or offered by third parties (non-affiliates of OANDA). OANDA disclaims liability for any information, materials, products, or services posted or offered at any such linked sites. By creating a link to a third-party website, OANDA does not endorse or recommend any products or services offered or information contained at such linked site, nor is OANDA liable for any failure of any products or services offered or advertised at such linked site. You are responsible for viewing and abiding by the privacy statements and terms of use posted at such linked site.
2.4. Any dealings with third parties (including advertisers) included within MarketPulse or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions are solely between you and the advertiser or other third party. OANDA shall not be responsible or liable for any part of any such dealings or promotions.
2.5. Opinions expressed on MarketPulse are those of the authors and do not necessarily reflect the views of OANDA or its affiliates, officers, or directors. We do not guarantee the accuracy, completeness, or timeliness of any information presented on MarketPulse. Your use of the content on MarketPulse is at your own risk.
2.6. You cannot purchase products or services from MarketPulse directly. If you visit or view any products or services on another OANDA Group member’s site, then the terms and conditions of that service or product will apply instead of these. Such sites, and the products and services offered, may be aimed only at customers in particular jurisdictions.
2.7. By subscribing to our newsletter you agree to receive emails from us. The aim of our newsletter service is to keep you updated about resources, blog articles, relevant resources, external resources, and websites. Subscription to our newsletter service is not mandatory, and subscribers can unsubscribe at any time by clicking the “unsubscribe” link in the footer of the newsletter emails. We reserve the sole right to either modify or discontinue the newsletter at any time with or without notice to you.
2.8. The MarketPulse mobile application is a complementary channel which contains MarketPulse web content. We reserve the sole right to either modify or discontinue the MarketPulse mobile application at any time with or without notice to you.
3. REPRODUCTION AND REDISTRIBUTION
3.1. MarketPulse is protected by copyright law and international treaty provisions and may not be copied or imitated in whole or in part. No logo, trademark, graphic, text, or image from MarketPulse may be copied or retransmitted without the express prior written permission of OANDA.
3.2. You may not use MarketPulse for any purpose which is unlawful, abusive, libellous, obscene, or threatening.
3.3. If you wish to reproduce or redistribute any of the content found on MarketPulse, you must either access the RSS feed or contact us at info@marketpulse.com for permission. Unauthorized reproduction or redistribution is prohibited.
4. LIMITATION OF LIABILITY
4.1. MARKETPULSE AND ANY CONTENT OR SOFTWARE CONTAINED THEREIN OR ACCESSIBLE THEREFROM ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, OANDA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING: (A) THE UP-TO-DATENESS, ACCURACY, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION CONTAINED WITHIN OR AVAILABLE THROUGH MARKETPULSE, INCLUDING BUT NOT LIMITED TO ANY CURRENCY EXCHANGE RATES; (B) THE RESULTS OBTAINED FROM THE USE OF MARKETPULSE; AND (C) ANY INFORMATION PROVIDED BY THIRD PARTIES AND ACCESSIBLE ON OR THROUGH MARKETPULSE. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, OANDA: (A) DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AS TO NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; AND (B) DOES NOT WARRANT THAT MARKETPULSE OR ANY CONTENT THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
4.2. THE USE OF MARKETPULSE IS AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS YOU MAY SUFFER AS A RESULT OF USING OR ACCESSING MARKETPULSE OR DOWNLOADING ANY CONTENT THEREON. EXCEPT TO THE EXTENT THAT LIABILITY UNDER ANY APPLICABLE LAW OR REGULATION CANNOT BE EXCLUDED, UNDER NO CIRCUMSTANCES SHALL OANDA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, SUPPLIERS, OR DISTRIBUTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (A) LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING AS A RESULT OF INFORMATION OR PRICES (INCLUDING WITHOUT LIMITATION CURRENCY EXCHANGE INFORMATION) PUBLISHED ON OR FURNISHED THROUGH MARKETPULSE OR ANY ERRORS OR OMISSIONS ON MARKETPULSE; (B) LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING FROM ORDERS, INVESTMENT DECISIONS, OR PURCHASES OF THIRD-PARTY GOODS OR SERVICES (INCLUDING FINANCIAL INSTRUMENTS AND CURRENCIES) BASED ON INFORMATION PUBLISHED ON OR FURNISHED THROUGH MARKETPULSE; (C) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGES; OR (D) ANY OTHER SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY) THAT ARE DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO THE USE OF, OR THE INABILITY TO USE MARKETPULSE OR ANY CONTENT CONTAINED THEREON, EVEN IF OANDA HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. IF YOU ARE DISSATISFIED WITH ANY PORTION OF MARKETPULSE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF MARKETPULSE.
4.3. You agree to indemnify and hold OANDA, its parent, subsidiaries, affiliates, directors, officers, and employees harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party or arising out of your use of, or conduct on, MarketPulse.
5. GOVERNING LAW, JURISDICTION, AND ENFORCEABILITY
5.1. These Terms of Use shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any conflict of laws doctrine that would interfere or prevent the application of this provision. Any judicial or administrative action or proceeding arising directly or indirectly under these Terms of Use, whether brought by you or by OANDA, shall be held, at the sole discretion of OANDA, within New York County, State of New York exclusively. You hereby consent and submit to, and waive any objections you may have to such a venue, and you further agree to waive and forego any right you may have to transfer or change the venue of any action or proceedings encompassed by these Terms of Use.
5.2. Certain sections or pages of MarketPulse may contain separate terms or conditions. In the event of a conflict, these separate terms and conditions (if any) will govern for those sections or pages. You agree that your use of MarketPulse will not create any joint venture, partnership, employment, or agency relationship between you and OANDA. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.
6. CHANGES TO THE TERMS OF USE
Changes may be made to these Terms of Use by us at any time without notice to you by posting of the updated Terms of Use on http://marketpulse.com/terms-of-use.
7. HOW YOU CAN CONTACT US
You can contact us in the following ways:
| info@marketpulse.com | |
| Post | 228 Park Ave S., Suite 20236, New York, NY 10003-1502 |
Content is for general information purposes only. It is not investment advice or a solution to buy or sell securities. Opinions are the authors; not necessarily that of OANDA Business Information & Services, Inc. or any of its affiliates, subsidiaries, officers or directors. If you would like to reproduce or redistribute any of the content found on MarketPulse, an award winning forex, commodities and global indices analysis and news site service produced by OANDA Business Information & Services, Inc., please access the RSS feed or contact us at info@marketpulse.com. Visit https://www.marketpulse.com/ to find out more about the beat of the global markets. © 2023 OANDA Business Information & Services Inc.