F.A.S.T. Graphs™ Terms of Use and
Important Disclosure Information
Last Update: January 31, 2022
Terms of Use location: https://www.fastgraphs.com/Terms of Use/
PLEASE SCROLL DOWN AND CAREFULLY READ THESE TERMS OF USE
You have access to our freemium membership tier, which means you will have access to a limited set of our core features and stocks to try the product. This plan does not have an expiration date and you can choose to upgrade at any time. No credit card is needed for using the freemium. You MUST use a VALID email as disposable emails will be rejected.
The freemium membership gives you access to 11 stocks – 10 US stocks and 1 Canadian stock. Upgrading to one of our paid membership plans will give you access to approximately 18,000 stocks.
Once you elect a subscription, you must enter your credit card information and you will be charged immediately.
Your F.A.S.T. Graphs subscription will automatically renew until terminated.
Subscription Cancellation.
As a subscriber, to cancel your subscription, go to your “Profile” in the upper right-hand corner of the website, “Subscriptions” “Cancel Subscription”. There are no refunds of any payments and you will continue to have access to your account through your paid-through date.
These Terms of Use (the “Agreement”) govern your use of fastgraphs.com and unless other terms and conditions expressly govern other websites that are made available from time to time, including without limitation, any Web pages, services, content, newsletters, databases and information therein (collectively, the “Services”). F.A.S.T. Graphs™. If for any reason your period monthly or annual charges are not collected, your recurring membership payment contract will be cancelled and you will no longer have access to draw graphs. Signing up for a new membership and paying the appropriate rate will allow you to draw graphs again.
Restrictions.
You agree not to resell or attempt to resell any aspect of the Service, whether for profit or otherwise, share your Internet Protocol address (“IP address”) or Service connection with anyone, or authorize any other individual or entity to use the Service via your Account or through your Promotional Access. The Service may not be accessed simultaneously through multiple devices; only one compatible laptop, personal digital assistant, smartphone or other handheld device may be used at a time via your Account or Promotional Access to operate the Service. You agree that sharing the Service with another person or providing another person access to the Service through your Account or Promotional Access or any subscription product purchased by you breaches the Agreement and may constitute fraud or theft, for which we reserve all rights and remedies. You have no proprietary or ownership rights to a specific data provided by F.A.S.T. Graphs, IP address or other address, log-in name, or password that you use in connection with the Service. If you accept the Service on behalf of your employer or another entity, you represent that you have full legal authority to bind this Agreement and that your acceptance of it in fact binds that party to this Agreement.
BY CONTINUING TO USE THE SERVICES, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, F.A.S.T. GRAPHS™ IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE SERVICES AND YOU SHOULD IMMEDIATELY CANCEL YOUR SUBSCRIPTION AND DISCONTINUE YOUR USE OF THE SERVICES
Data is provided for information purposes only and is NOT intended for transactional or trading purposes. F.A.S.T. Graphs™, nor any third party licensors or suppliers shall be liable for any errors or delays in content, nor for any actions taken in reliance thereon. We are not responsible for delays, delivery failures or other damage resulting from or inherent in the use of the internet and electronic communications and we retain the right temporarily to suspend Services as a result of any security issues that may arise.
Changes to the Agreement. We may modify this Agreement from time to time in our sole discretion and without notice to you. You should review this Agreement periodically to ensure familiarity with its then-current terms and conditions. Your continued use of the Services following any modification of this Agreement shall constitute your acceptance of such modifications to this Agreement. You can find this Agreement by clicking here.
Additional Terms of Use
Some Services or content available through the Services may have additional terms, conditions and restrictions associated with them and will be posted on such Services or content. You agree that such additional terms, conditions and restrictions will apply to your use of such Services or content, and if there is a conflict with this Agreement, such additional terms, conditions and restrictions will control.
Informational Purpose of Services.
A. Dissemination of Information.
Our Services are limited to the dissemination of general information pertaining to companies that we have information on. Our Services are for informational purposes only and do not constitute an offer to sell or a solicitation of an offer to buy any security that may be referenced on or through this website. Nor does this website constitute an offering or recommendation by F.A.S.T. Graphs™ of any security, investment management service, or advisory service. F.A.S.T. Graphs™ and/or its employees do not provide investment advice, tax advice, legal advice, or financial planning advice through this website, and you agree that this website will not be used by you for such purposes.
F.A.S.T. Graphs™ does not represent that the securities, products, or services discussed on, or accessible through, this website are suitable for any particular investor. You acknowledge that your requests for information through this website are unsolicited, and the access of any information through this website shall not constitute or be considered investment advice, or an offer to sell, or a solicitation of an offer to buy any security. Accordingly, our Services should not be construed by any consumer, or subscriber of F.A.S.T. Graphs™ rendering of personalized investment advice for compensation, over the Internet. F.A.S.T. Graphs is not liable for any financial loss that may occur from using our product.
B. Available Tools. To the extent that any subscriber or user utilizes any economic/forecasting calculator or similar charting device provided by our Services or by any unaffiliated third party linked to our Services, the user is advised that the information resulting from the use of any such calculator/device, is not, and should not be construed, in any manner whatsoever, as the receipt of, or a substitute for, personalized individual advice from F.A.S.T. Graphs™, or from any other investment professional.
Ownership; General Limitations on Use.
A. Ownership. You acknowledge and agree that the text, information, data, graphics, images, audio, video, design, organization, compilation, meta data, look and feel, advertising and all other protectable intellectual property (the “Content”) available through the Services is our property, the property of our advertisers or our third party licensors or suppliers (such licensors and suppliers are referred to as “Information Providers”) and is protected by copyright and other intellectual property laws.
B. Limitations on Use. Unless you have our written consent in advance, you may not reproduce, sell, publish, distribute, retransmit, disseminate, perform, display, broadcast, create new works from, or commercially exploit the Content available through the Services, with the following two exceptions:
- To the extent that we feature email or other sharing functionality on a particular article in the Services, you may use email or other featured sharing functionality to share such article with other individuals.
- For articles that are written and published by F.A.S.T. Graphs™ and/or any F.A.S.T. Graphs employee as indicated by the credit line (e.g., F.A.S.T. Graphs™) (the “Proprietary Content”), you may occasionally distribute a copy of an article, or a portion of an article, from a Service in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights, notices in the same form in which the published document appears in the Services. For articles and other content that is not Proprietary Content, you should not assume that you have the rights granted in this paragraph. Your rights will be limited by any special terms, conditions, and restrictions applicable to such content that is set forth below in this Agreement or on or near the content as displayed.
You agree to access the Services manually by request and not programmatically by macro or other automated means.
C. Premium Products. Certain Services and Content are only available after additional registration and/or payment of a fee. Some fees are recurring fees. It is your responsibility to keep track of the frequency and amount of the payments that you agree to pay in receipt of the availability of services.
D. Subscription Cancellation.
As a subscriber, to cancel your subscription, go to your “Profile” in the upper right-hand corner of the website, “Subscriptions” “Cancel Subscription”. There are no refunds of any payments and you will continue to have access to your account through your paid-through date. Cancellation of your subscription and/or termination of this Agreement, regardless of cause, will not affect the provisions of this Agreement that by their nature are not meant to be executory and survive the Agreement.
These Terms of Use (the “Agreement”) govern your use of fastgraphs.com and unless other terms and conditions expressly govern other websites that are made available from time to time, including without limitation, any Web pages, services, content, newsletters, databases and information therein (collectively, the “Services”). F.A.S.T. Graphs™.
E. No Modification of Content. You agree not to rearrange or modify the Content. You agree not to create abstracts from, scrape or display headlines from the Content for use on another website or service or use the Content for commercial purposes, including any automated or algorithmic trading programs. You agree not to upload, post, or submit any Content from the Services to weblogs, newsgroups, mail lists or electronic bulletin boards, except through services we specifically provide for that purpose (e.g., an RSS Feed) or after we give our written consent in advance.
F. Member Accounts; Privacy. We require you to register to become a member (a “Member”) before obtaining access to certain Services and certain functionality. When you register, you agree to provide us with true and accurate information about yourself. You understand that any information you provide as part of such registration or that we otherwise collect about you is subject to our Privacy Policy. When using automated registering, you will be given or you will need to select a unique username and password. We reserve the right to refuse giving you a username if it impersonates someone else’s name, or if we feel it is otherwise inappropriate. It is your responsibility to choose your password wisely.
We are not responsible for any user impersonating you on our Services. If you have concerns or believe that someone is using your password without your authority, please contact F.A.S.T. Graphs™ Support at 813-960-9600 or subscriptions@fastgraphs.com. We reserve the right to disclose any information about our Members or users, including registration data, in order to comply with any applicable laws and/or requests under legal process, to operate our systems properly, to protect our property or rights, and to safeguard the interests of our user and other Members.
Member Content, User Generated Content, Blog Entries.
A. Member Content. We may offer Members and users the opportunity to tag, rate, vote, offer predictions and comment on and engage in discussions regarding articles, companies and various topics. Any content, information, graphics, audio, images, and links you submit as part of creating your profile or in connection with any of the foregoing activities is referred to as “Member Content” in this Agreement and is subject to various terms and conditions as set forth below.
B. Cautions Regarding Other Members and Member Content.
You understand and agree that Member Content includes information, views, opinions, and recommendations of many individuals and organizations and is designed to help you gather the information you need to help you make your own decisions. Importantly, you are responsible for your own investment decisions and for properly analyzing and verifying any information you intend to rely upon. We do not endorse any recommendation or opinion made by any Member. We do not routinely screen, edit, or review Member Content. However, we reserve the right to monitor or remove any Member Content from the Services at any time without notice. You should be aware that other Members may not be who they say they are. We take no action to perform a background check on any of our Members’ profiles. We do not guarantee that Members’ profiles are accurate. You should also be aware that other members may use our Services for personal gain. As a result, please approach messages with appropriate skepticism. Member Content may be misleading, deceptive, or in error.
C. Grant of Rights and Representations by You. If you upload, post, or submit any Member Content on a Service, you represent to us that you have all the necessary legal rights to upload, post or submit such Member Content and it will not violate any law or the rights of any person. You agree that upon uploading, posting or submitting information on the Services, you grant us, and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, and create derivative works from your Member Content in any and all media, in any manner, in whole or part, without any duty to compensate you. You also grant us the right to authorize the use of Member Content, or any portion thereof, by Members and other users in accordance with the terms and conditions of this Agreement, including the rights to feature your Member Content specifically on the Services and to allow other Members or users to request access to your Member Content, such as, for example, through an RSS Feed.
D. Removal. We may also remove any Member Content for any reason and without notice to you. This includes all materials related to your use of the Services or membership, including email accounts, postings, profiles or other personalized information you have created while on the Services.
E. Rules of Conduct. All Members and users of the Services must comply with the following rules of conduct:
a. You will not stalk or harass another when using the Services.
b. You will not interfere with others’ use of the Services, including by interrupting other users’ sessions, scrolling down (automatically or manually) to make it difficult for them, or otherwise act in a way that negatively affects other users’ enjoyment of the Services.
c. You will not attempt to harvest any screen names of email addresses for any commercial use and you will not collect or store personal information about any other individual on the Services.
d. You will not use the Services for illegal purposes and you will not upload, post, or submit any Member Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person’s privacy or proprietary rights.
e. You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with F.A.S.T. Graphs™, similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another.
f. You will not upload, post or submit any Member Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt the Services we provide, Members’ or users’ ability to enjoy the Services, or the proper functioning of any software, hardware or equipment or materials used in connection with the Services.
g. You will not send any bulk unsolicited advertising, promotional information, commercial email or other solicitation (including without limitation junk mail, “spam,” chain letters or pyramid schemes of any sort) to any person through the use of the Services.
h. You should demonstrate appropriate respect for other Members. If you disagree with an opinion on the Services, feel free to challenge that opinion with a posting of your own. You should, however, refrain from ever personally attacking the person making the posting.
i. You will not violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, or any rules of any national or other securities exchange.
j. You will not upload, post, submit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
k. You will not upload, post or submit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person.
l. You will not upload, post, or submit improper or off-topic messages.
F. Copyright and Intellectual Property Policy. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For more information about our policy, please see our Copyright and Intellectual Property Policy.
G. Termination. F.A.S.T. Graphs™ may discontinue or change all or any of the Services, or their availability to you, immediately, in its sole discretion, at any time without cause. F.A.S.T. Graphs™ may terminate this Agreement and your access to and any use of the Services, or any portion thereof, immediately, in its sole discretion, at any time without cause.
If your account is terminated, you may contact us at:
• F.A.S.T. Graphs, Inc.
• 136 Whitaker Road, Suite A
• Lutz, FL 33549
• Tel: (813) 960-9600
H. Disclaimer of Warranties. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE AND OUR INFORMATION PROVIDERS SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
We do not give tax or investment advice or 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 these Services may be delayed as specified by financial exchanges or Information Providers. F.A.S.T. Graphs™ and the Information Providers furnish the information available in connection with these Services without responsibility for accuracy and you agree that errors or omissions contained in such information shall not be made the basis for any claim, demand or cause of action against F.A.S.T. Graphs™ or any Information Provider. We may link to, or promote websites or services from other companies or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those websites, services and software. The Services includes facts, views, opinions and recommendations of individuals and organizations deemed of interest. Neither F.A.S.T. Graphs™, nor the Information Providers guarantees the accuracy, completeness or timeliness of, or otherwise endorses these facts, views, opinions or recommendations, gives investment advice, or advocates the purchase or sale of any security or investment.
I. Limitation of Liability. NEITHER F.A.S.T. GRAPHS™, NOR ANY
INFORMATION PROVIDER, NOR ANY OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (THE “EXCLUDED PARTIES”) WILL BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF SUCH EXCLUDED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE EXCLUDED PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. You understand and agree that your use of the Services is at your sole risk.
J. Indemnity. You agree to indemnify and hold F.A.S.T. Graphs™ and our respective subsidiaries, affiliates, officers, agents, employees, partners and the Information Providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Member Content you upload, post, submit or otherwise make available through the Services, your use of the Services, and your violation of this Agreement.
K. General. Except as set forth in Item 2 above, this Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services.
The parties are independent contractors and this Agreement does not create an agency, partnership or joint venture. Our failure to enforce any provisions of this Agreement will not constitute a waiver of that or any other provision.
This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Florida, United States of America applicable to contracts made entirely within Florida and wholly performed in Florida, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in Tampa, Florida. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
L. F.A.S.T. Graphs™ and the F.A.S.T. Graphs™ logo, are registered trademarks of F.A.S.T. Graphs™. All other marks are the trademarks and service marks of their respective owners.
Terms of Use for Certain Content.
A. INFORMATION PROVIDER. If content or information displayed on the Services includes data distributed by third party vendors, you agree that you will not download or copy data points and use other than executing the F.A.S.T. Graphs™ Software.
B. Data, Databases, and Information. Without limiting the foregoing, with respect to the database and information included in connection with the Services, if any, you agree to the following:
- You agree and acknowledge that the information on the F.A.S.T. Graphs™ site and the information contained therein is and shall remain valuable intellectual property owned by, or licensed to various third party licensors or suppliers, for the F.A.S.T. Graphs™ database and information, and that no proprietary rights are being transferred to you in such materials or in any of the information contained therein. Any use by you outside of using our web-based software requires a license from these third party licensors or suppliers, along with an associated fee based on usage. You agree that misappropriation or misuse of such materials will cause serious damage to third party licensors or suppliers and that in such event money damages may not constitute sufficient compensation to them; consequently, you agree that in the event of any misappropriation or misuse, we shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which we may be entered into.
- You agree that you shall not publish or distribute in any medium data or any information contained therein or summaries or subsets thereof to any person or entity except in connection with using our web-based software.
You further agree that the use of the F.A.S.T. Graphs™ and descriptions is not intended to create or maintain, and does not serve the purpose of the creation or maintenance of, a master file or database of data descriptions or numbers for itself or any third party recipient of such service and is not intended to create and does not serve in any way as a substitute for the DVD, PRINT, Data Base, INTERNET, ELECTRONIC, or CD-ROM Services and/or any other future services developed by third party licensors or suppliers.
C. Licensed Data. The database and data content included herein are owned by or licensed from various third party licensors or suppliers and all rights reserved.
Survive Termination. You agree that all of the foregoing terms and conditions shall survive any termination of your right of access to the Services, Content, and the materials identified above.
Copyright © 2017 F.A.S.T. Graphs™, Inc. All rights reserved.
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