Common use of Data Not Guaranteed Clause in Contracts

Data Not Guaranteed. The undersigned expresslyagrees that any data or online reports is provided to the undersigned without warranties of any kind, expressor implied, including but not limited to, the implied warranties of merchantability, fitness of a particular purpose or non-infringement. The undersigned acknowledges that the information contained in any reports provided by Apex are obtained from sources believed to be reliable but is not guaranteed as to its accuracy of completeness. Such information could include technical or other inaccuracies, errors or omissions. In no event shall Apex or any of Apex’s affiliates be liable tothe undersigned or any third party for the accuracy, timeliness, or completeness of any information made available to the undersigned or for any decision made or taken by the undersigned in reliance upon such information. In no event shall Apex or Apex’s affiliated entities be liable for any special incidental, indirect or consequential damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not advised of the possibility of damages, and on any theoryof liability, arising out of or in connection with the use of any reports provided by Apex or with the delay or inability to use such reports.

Data Not Guaranteed. The undersigned expresslyagrees that any data or online reports is provided to the undersigned without warranties of any kind, expressor impliedexpress orimplied, including but not limited to, the implied warranties of merchantability, fitness of a particular purpose or non-infringement. The undersigned acknowledges that the information contained in any reports provided by Apex are obtained from sources believed to be reliable but is not guaranteed as to its accuracy of completeness. Such information could include technical or other inaccuracies, errors or omissions. In no event shall Apex or any of Apex’s affiliates be liable tothe undersigned or any third party for the accuracy, timeliness, or completeness of any information made available to the undersigned or for any decision made or taken by the undersigned in reliance upon such information. In no event shall Apex or Apex’s affiliated entities be liable for any special incidental, indirect or consequential damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not advised of the possibility of damages, and on any theoryof liability, arising out of or in connection with the use of any reports provided by Apex or with the delay or inability to use such reports.

Data Not Guaranteed. The undersigned expresslyagrees expressly agrees that any data or online reports is provided to the undersigned without warranties of any kind, expressor express or implied, including but not limited to, the implied warranties of merchantability, fitness of a particular purpose or non-infringement. The undersigned acknowledges that the information contained in any reports provided by Apex are obtained from sources believed to be reliable but is not guaranteed as to its accuracy of completeness. Such information could include technical or other inaccuracies, errors or omissions. In no event shall Apex or any of Apex’s affiliates be liable tothe to the undersigned or any third party for the accuracy, timeliness, or completeness of any information made available to the undersigned or for any decision made or taken by the undersigned in reliance upon such information. In no event shall Apex or Apex’s affiliated entities be liable for any special incidental, indirect or consequential damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not advised of the possibility of damages, and on any theoryof theory of liability, arising out of or in connection with the use of any reports provided by Apex or with the delay or inability to use such reports.

Data Not Guaranteed. The undersigned expresslyagrees expressly agrees that any data or online reports is provided to the undersigned without warranties of any kind, expressor express or implied, including but not limited to, the implied warranties of merchantability, fitness of a particular purpose or non-infringement. The undersigned acknowledges that the information contained in any reports provided by Apex Clearing Corp. are obtained from sources believed to be reliable but is not guaranteed as to its accuracy of completeness. Such information could include technical or other inaccuracies, errors or omissions. In no event shall Apex Clearing Corp. or any of ApexApex Clearing Corp.’s affiliates be liable tothe to the undersigned or any third party for the accuracy, timeliness, or completeness of any information made available to the undersigned or for any decision made or taken by the undersigned in reliance upon such information. In no event shall Apex Clearing Corp. or ApexApex Clearing Corp.’s affiliated entities be liable for any special incidental, indirect or consequential damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not advised of the possibility of damages, and on any theoryof theory of liability, arising out of or in connection with the use of any reports provided by Apex Clearing Corp. or with the delay or inability to use such reports.