Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage. 17.2 Neither AvaTrade nor any of its subsidiaries, affiliates or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein. 17.3 Under no circumstances shall AvaTrade or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTrade’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services. 17.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different. 17.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage. 17.6 Neither AvaTrade nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form. 17.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade or any of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTrade's control. 17.8 AvaTrade and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason. 17.9 As OTC is not an exchange traded market, prices at which AvaTrade deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote. 17.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTrade’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed. 17.11 In case AvaTrade will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTrade. 17.12 Customer further acknowledges that Ava, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 8 contracts
Samples: Customer Agreement, Customer Agreement, Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade 15.1 TRADESMART and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade TRADESMART including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 15.2 Neither AvaTrade TRADESMART nor any of its subsidiaries, affiliates or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 15.3 Under no circumstances shall AvaTrade TRADESMART or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTradeTRADESMART’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of CustomerCLIENT's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 Customer 15.4 The CLIENT agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; absence the economic terms of this Agreement would be substantially different.
17.5 15.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade TRADESMART or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage.
17.6 15.6 Neither AvaTrade TRADESMART nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer CLIENT transactions or data, by whatever means, in whatever form.
17.7 15.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade TRADESMART or any of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer CLIENT transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTradeTRADESMART's control.
17.8 AvaTrade 15.8 TRADESMART and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of CustomerCLIENT's connections to the internet, due to any reason.
17.9 15.9 As OTC is not an exchange traded market, prices at which AvaTrade TRADESMART deals at or quotes may or may not be similar to prices at which other OTC market makers counterparties deal at or quote.
17.10 15.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade TRADESMART will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTradeTRADESMART’s trading room attempts to recognize such event and to act promptly to reset such event. Customer CLIENT acknowledges that the reset process may take time, during which Customer the CLIENT may not be able to use its trading account, and outstanding orders may not be executed.
17.11 15.11 In case AvaTrade TRADESMART will identify an erroneous quote or an outdated quote, it may offer the Customer CLIENT an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTradeTRADESMART.
17.12 Customer 15.12 The CLIENT further acknowledges that AvaTRADESMART, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 3 contracts
Samples: Client Agreement, Client Agreement, Client Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade FNory and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade FNory including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 Neither AvaTrade nor any of its subsidiaries, affiliates or agents warrants that the trading platform NeitherFNory noranyofitssubsidiaries,affiliatesoragentswarrantsthatthetradingplatform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set ASIS"withoutanyrepresentationorwarrantyofanykindwhatsoeverexceptasotherwiseset forth herein.
17.3 Under no circumstances shall AvaTrade FNory or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTradeFNory’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade FNory or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage.
17.6 Neither AvaTrade FNory nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 This limitation of liability additionally eliminates any duty anyduty or liability on the part of AvaTrade FNory or any of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTrade's FNory’s control.
17.8 AvaTrade FNory and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 As OTC is not an exchange traded market, prices at which AvaTrade FNory deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade FNory will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTradeFNory’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 In case AvaTrade will identify an erroneous quote or an outdated quoteIncaseFNory willidentify anerroneousquoteor anoutdatedquote, it may offer the Customer itmayoffertheCustomer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTradeFNory.
17.12 Customer further acknowledges that AvaFNory, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 2 contracts
Samples: Customer Agreement, Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade 16.1 RaiseFX and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade RaiseFX including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 16.2 Neither AvaTrade RaiseFX nor any of its subsidiaries, affiliates or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 16.3 Under no circumstances shall AvaTrade RaiseFX or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTradeRaiseFX’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 16.4 The Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 16.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade RaiseFX or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage.
17.6 16.6 Neither AvaTrade RaiseFX nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 16.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade RaiseFX or any of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTradeRaiseFX's control.
17.8 AvaTrade 16.8 RaiseFX and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 16.9 As OTC is not an exchange traded market, prices at which AvaTrade RaiseFX deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 16.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade RaiseFX will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTradeRaiseFX’s trading room attempts to recognize such event and to act promptly to reset such event. The Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 16.11 In case AvaTrade RaiseFX will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTradeRaiseFX.
17.12 16.12 The Customer further acknowledges that AvaRaiseFX, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 2 contracts
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade 16.1 Company and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade Company including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 16.2 Neither AvaTrade Company nor any of its subsidiaries, affiliates or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 16.3 Under no circumstances shall AvaTrade Company or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTradeCompany’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 16.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 16.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade Company or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage.
17.6 16.6 Neither AvaTrade Company nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 16.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade Company or any of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTradeCompany's control.
17.8 AvaTrade 16.8 Company and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 16.9 As OTC is not an exchange traded market, prices at which AvaTrade Company deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 16.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade Company will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTradeCompany’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 16.11 In case AvaTrade Company will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTradeCompany.
17.12 16.12 Customer further acknowledges that Avacompany, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 2 contracts
Samples: Customer Agreement, Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade MainTrade and/or any of its subsidiaries, affiliates marketing partners or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade MainTrade including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 Neither AvaTrade MainTrade nor any of its subsidiaries, affiliates marketing partners or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "“AS IS" ” without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 Under no circumstances shall AvaTrade MainTrade or any of its subsidiaries, affiliates marketing partners or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTradeMainTrade’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's ’s computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade MainTrade or any of its subsidiaries, affiliates marketing partners or agents has been advised of the possibility of such damage.
17.6 Neither AvaTrade MainTrade nor any of its subsidiaries, affiliates marketing partners or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade MainTrade or any of its subsidiaries, affiliates marketing partners or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTrade's MainTrade’s control.
17.8 AvaTrade MainTrade and its subsidiaries, affiliates marketing partners and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's ’s connections to the internet, due to any reason.
17.9 As OTC is not an exchange traded market, prices at which AvaTrade MainTrade deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade MainTrade will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTradeMainTrade’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 In case AvaTrade MainTrade will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTradeMainTrade.
17.12 Customer further acknowledges that AvaMainTrade, its subsidiaries, affiliates marketing partners and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade Friedberg Direct and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade Friedberg Direct including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 Neither AvaTrade Friedberg Direct nor any of its subsidiaries, affiliates or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 Under no circumstances shall AvaTrade Friedberg Direct or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTradeFriedberg Direct’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade Friedberg Direct or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage.
17.6 Neither AvaTrade Friedberg Direct nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade Friedberg Direct or any of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTradeFriedberg Direct's control.
17.8 AvaTrade Friedberg Direct and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 As OTC is not an exchange traded market, prices at which AvaTrade Friedberg Direct deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade Friedberg Direct will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTradeFriedberg Direct’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 In case AvaTrade Friedberg Direct will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTradeFriedberg Direct.
17.12 Customer further acknowledges that Ava, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade FNory and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or actionsor omissions beyond the control of AvaTrade FNory including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 Neither AvaTrade nor any of its subsidiaries, affiliates or agents warrants that the trading platform NeitherFNory noranyofitssubsidiaries,affiliatesoragentswarrantsthatthetradingplatform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set ASIS"withoutanyrepresentationorwarrantyofanykindwhatsoeverexceptasotherwiseset forth herein.
17.3 Under no circumstances shall AvaTrade FNory or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTradeFNory’s trading platform or services (including Third Party Licenses) including but not limited to lost profitsbutnotlimitedtolostprofits, loss of businessofbusiness, trading losstradingloss, loss of data or lossofdataor use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade FNory or any of its subsidiaries, affiliates or agents has been oragents hasbeen advised of the possibility of such damage.
17.6 Neither AvaTrade FNory nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever meanswhatevermeans, in whatever form.
17.7 This limitation of liability additionally eliminates any duty or liability liabilityadditionallyeliminatesanydutyorliability on the part of AvaTrade or any thepartof FNory orany of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTrade's FNory’s control.
17.8 AvaTrade FNory and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 As OTC is not an exchange traded market, prices at which AvaTrade FNory deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade FNory will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTradeFNory’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 In case AvaTrade will identify FNory willidentify an erroneous quote or an outdated quoteerroneousquoteoranoutdatedquote, it may offer the itmayofferthe Customer an alternative quote or alternatively oralternatively to continue the transaction, all at the sole discretion of AvaTradeFNory.
17.12 Customer further acknowledges that AvaFNory, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade BlueChipTrades and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade BlueChipTrades including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 Neither AvaTrade BlueChipTrades nor any of its subsidiaries, affiliates or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 Under no circumstances shall AvaTrade BlueChipTrades or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTradeBlueChipTrades’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade BlueChipTrades or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage.
17.6 Neither AvaTrade BlueChipTrades nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade BlueChipTrades or any of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTradeBlueChipTrades's control.
17.8 AvaTrade BlueChipTrades and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 As OTC is not an exchange traded market, prices at which AvaTrade BlueChipTrades deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade BlueChipTrades will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTradeBlueChipTrades’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 In case AvaTrade BlueChipTrades will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTradeBlueChipTrades.
17.12 Customer further acknowledges that Ava, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade 16.1 VladoBrokers and/or any of its subsidiaries, affiliates marketing partners or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade VladoBrokers including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 16.2 Neither AvaTrade VladoBrokers nor any of its subsidiaries, affiliates marketing partners or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 16.3 Under no circumstances shall AvaTrade VladoBrokers or any of its subsidiaries, affiliates marketing partners or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTradeVladoBrokers’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of useof data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 16.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 16.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade VladoBrokers or any of its subsidiaries, affiliates marketing partners or agents has been advised of the possibility of such damage.
17.6 16.6 Neither AvaTrade VladoBrokers nor any of its subsidiaries, affiliates marketing partners or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 16.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade VladoBrokers or any of its subsidiaries, affiliates marketing partners or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTradeVladoBrokers's control.
17.8 AvaTrade 16.8 VladoBrokers and its subsidiaries, affiliates marketing partners and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections Customer'sconnections to the internet, due to any reason.
17.9 16.9 As OTC is not an exchange traded market, prices at which AvaTrade VladoBrokers deals at or quotes may or may not maynot be similar to prices at which other OTC market makers deal at or quote.
17.10 16.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade VladoBrokers will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTradeVladoBrokers’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 16.11 In case AvaTrade VladoBrokers will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTradeVladoBrokers.
17.12 16.12 Customer further acknowledges that AvaVlado, its subsidiaries, affiliates marketing partners and agents shall not be notbe liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade Euro Next and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade Euro Next including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 Neither AvaTrade Euro Next nor any of its subsidiaries, affiliates or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 Under no circumstances shall AvaTrade Euro Next or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTradeEuro Next’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade Euro Next or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage.
17.6 Neither AvaTrade Euro Next nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade Euro Next or any of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTradeEuro Next 's control.
17.8 AvaTrade Euro Next and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 As OTC is not an exchange traded market, prices at which AvaTrade Euro Next deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade Euro Next will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTradeEuro Next’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 In case AvaTrade Euro Next will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTradeEuro Next.
17.12 Customer further acknowledges that Ava, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade and/or any of 16.1 Company, along with its subsidiaries, affiliates affiliates, or agents agents, shall not be responsible liable for any loss or damage caused, directly or indirectly, caused by any events, actions actions, or omissions beyond the control of AvaTrade includingcompany's control. This includes, without limitationbut is not limited to, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to the breakdown or failure of transmission or communication facilities, facilities or electrical power outage.
17.2 16.2 Neither AvaTrade Company nor any of its subsidiaries, affiliates affiliates, or agents warrants that the trading platform or any services provided (provided, including Third Third-Party Licenses) , will be available without interruption or will be error free and such error-free. Such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever kind, except as otherwise set forth herein.
17.3 16.3 Under no circumstances shall AvaTrade Company or any of its subsidiaries, affiliates affiliates, or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTrade’s Company's trading platform or services (services, including Third Third- Party Licenses) including . This includes but is not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft theft, or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 16.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement Agreement, and that in its absence; , the economic terms of this Agreement would be substantially different.
17.5 16.5 This limitation applies whether regardless of the alleged liability basis, whether it is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade Company or any of its subsidiaries, affiliates affiliates, or agents has have been advised of the possibility of such damage.
17.6 16.6 Neither AvaTrade Company nor any of its subsidiaries, affiliates affiliates, or agents has a liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 16.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade Company or any of its subsidiaries, affiliates affiliates, or agents related to unusable data, lost or corrupt commit Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet internet-related problems or from actions or events outside of AvaTradeCompany's control.
17.8 AvaTrade and 16.8 The Company, its subsidiaries, affiliates affiliates, and agents disclaim explicitly state that they are not liable for any and all liability losses resulting from or related to any breach breaches of internet security or disruptiondisruptions, distortions distortions, or delays of in the Customer's internet connections to the internet, due to for any reason.
17.9 As 16.9 Since OTC is not an exchange traded market, the prices at which AvaTrade the Company deals at or quotes may or may not be similar to prices at which those of other OTC market makers deal at or quotemakers.
17.10 Should 16.10 The Company will not be responsible for any resulting errors in account balances if a quoting or execution error occuroccurs, which may includeincluding mistyped quotes, but are not limited to, a mistype of a quote, a quote that is quotes not representative of fair market prices, an erroneous price quote quotes from a dealer dealers, or erroneous price quote errors due to failure of hardware, software or software, communication lines or systems failures, or inaccurate external data feeds provided by third-third- party vendors, AvaTrade will not be liable for the resulting errors in account balances. Without derogating from the above, in In the event that transactions shall be are opened or closed or opened based on an erroneous quote, the Erroneous Quote, AvaTrade’s Company's trading room attempts will attempt to promptly recognize such event and to act promptly to reset such the event. The Customer acknowledges that the reset process may take some time, during which Customer they may not be able unable to use its their trading account, and outstanding orders may not be executed.
17.11 In case AvaTrade will identify 16.11 If the Company identifies an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively allow the transaction to continue the transactionproceed, all solely at the sole discretion of AvaTradeCompany's discretion.
17.12 16.12 The Customer further acknowledges that Avathe Company, its subsidiaries, affiliates affiliates, and agents shall are not be liable for any loss losses or damage caused due damages resulting from or related to or in connection with such the reset process.
Appears in 1 contract
Samples: Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 18.1 AvaTrade and/or any of its subsidiaries, affiliates marketing partners or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 18.2 Neither AvaTrade nor any of its subsidiaries, affiliates marketing partners or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 18.3 Under no circumstances shall AvaTrade or any of its subsidiaries, affiliates marketing partners or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTrade’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 18.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 18.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade or any of its subsidiaries, affiliates marketing partners or agents has been advised of the possibility of such damage.
17.6 18.6 Neither AvaTrade nor any of its subsidiaries, affiliates marketing partners or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 18.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade or any of its subsidiaries, affiliates marketing partners or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTrade's control.
17.8 18.8 AvaTrade and its subsidiaries, affiliates marketing partners and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 18.9 As OTC is not an exchange traded market, prices at which AvaTrade deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 18.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTrade’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 18.11 In case AvaTrade will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTrade.
17.12 18.12 Customer further acknowledges that Ava, its subsidiaries, affiliates marketing partners and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade 13.1. Strifor and/or any of its subsidiaries, affiliates marketing partners or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade Strifor including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 13.2. Neither AvaTrade Strifor nor any of its subsidiaries, affiliates marketing partners or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 13.3. Under no circumstances shall AvaTrade Strifor or any of its subsidiaries, affiliates marketing partners or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTradeStrifor’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 13.4. Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 13.5. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade Strifor or any of its subsidiaries, affiliates marketing partners or agents has been advised of the possibility of such damage.
17.6 13.6. Neither AvaTrade Strifor nor any of its subsidiaries, affiliates marketing partners or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 13.7. This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade Strifor or any of its subsidiaries, affiliates marketing partners or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTradeStrifor 's control.
17.8 AvaTrade 13.8. Strifor and its subsidiaries, affiliates marketing partners and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 13.9. As OTC is not an exchange traded market, prices at which AvaTrade Strifor deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 13.10. Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade Strifor will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTradeXxxxxxx’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 13.11. In case AvaTrade Strifor will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTradeStrifor.
17.12 13.12. Customer further acknowledges that Ava, its subsidiaries, affiliates marketing partners and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade MMA FOREX and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade MMA FOREX including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 Neither AvaTrade MMA FOREX nor any of its subsidiaries, affiliates or agents agent’s warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS ISASIS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 Under no circumstances shall AvaTrade MMA FOREX or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTradeMMA FOREX’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade MMA FOREX or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage.
17.6 Neither AvaTrade MMA FOREX nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade MMA FOREX or any of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTradeMMA FOREX's control.
17.8 AvaTrade MMA FOREX and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 As OTC is not an exchange traded market, prices at which AvaTrade MMA FOREX deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade MMA FOREX will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTradeMMA FOREX’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 In case AvaTrade MMA FOREX will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTradeMMA FOREX.
17.12 Customer further acknowledges that AvaMMA, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade HOLACAPITAL and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade HOLACAPITAL including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 Neither AvaTrade HOLACAPITAL nor any of its subsidiaries, affiliates or agents agent’s warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS ISASIS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 Under no circumstances shall AvaTrade HOLACAPITAL or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTradeHOLACAPITAL’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade HOLACAPITAL or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage.
17.6 Neither AvaTrade HOLACAPITAL nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade HOLACAPITAL or any of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTradeHOLACAPITAL's control.
17.8 AvaTrade HOLACAPITAL and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 As OTC is not an exchange traded market, prices at which AvaTrade HOLACAPITAL deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade HOLACAPITAL will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTradeHOLACAPITAL’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 In case AvaTrade HOLACAPITAL will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTradeHOLACAPITAL.
17.12 Customer further acknowledges that AvaHOLACAPITAL, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 Neither AvaTrade nor any of its subsidiaries, affiliates or agents warrants that warrantsthat the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 Under no circumstances shall AvaTrade or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTrade’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 Customer agrees that this section represents a representsa reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage.
17.6 Neither AvaTrade nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade or any of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTrade's control.
17.8 AvaTrade and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 As OTC is not an exchange traded market, prices at which AvaTrade deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price erroneousprice quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTrade’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 In case AvaTrade will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTrade.
17.12 Customer further acknowledges that Ava, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade 18.1. Infinex and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade Infinex including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 18.2. Neither AvaTrade Infinex nor any of its subsidiaries, affiliates or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 18.3. Under no circumstances shall AvaTrade Infinex or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTradeInfinex’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 18.4. Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 18.5. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade Infinex or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage.
17.6 18.6. Neither AvaTrade Infinex nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 18.7. This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade Infinex or any of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTradeInfinex's control.
17.8 AvaTrade 18.8. Infinex and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 18.9. As OTC is not an exchange traded market, prices at which AvaTrade Infinex deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 18.10. Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade Infinex will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTradeInfinex’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 18.11. In case AvaTrade Infinex will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTradeInfinex.
17.12 18.12. Customer further acknowledges that AvaInfinex, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade 18.1 Fxglobalprime and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade Fxglobalprime including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 18.2 Neither AvaTrade Fxglobalprime nor any of its subsidiaries, affiliates or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 18.3 Under no circumstances shall AvaTrade Fxglobalprime or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTrade’s Fxglobalprime’ s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 18.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 18.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade Fxglobalprime or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage.
17.6 18.6 Neither AvaTrade Fxglobalprime nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 18.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade Fxglobalprime or any of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTradeFxglobalprime 's control.
17.8 AvaTrade 18.8 Fxglobalprime and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 18.9 As OTC is not an exchange traded market, prices at which AvaTrade Fxglobalprime deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 18.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade Fxglobalprime will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTrade’s Fxglobalprime’ s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 In case AvaTrade will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTrade.
17.12 Customer further acknowledges that Ava, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Client Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade and/or any of 16.1 Company, along with its subsidiaries, affiliates affiliates, or agents agents, shall not be responsible liable for any loss or damage caused, directly or indirectly, caused by any events, actions actions, or omissions beyond the control of AvaTrade includingcompany's control. This includes, without limitationbut is not limited to, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to the breakdown or failure of transmission or communication facilities, facilities or electrical power outage.
17.2 16.2 Neither AvaTrade Company nor any of its subsidiaries, affiliates affiliates, or agents warrants that the trading platform or any services provided (provided, including Third Third-Party Licenses) , will be available without interruption or will be error free and such error-free. Such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever kind, except as otherwise set forth herein.
17.3 16.3 Under no circumstances shall AvaTrade Company or any of its subsidiaries, affiliates affiliates, or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTrade’s Company's trading platform or services (services, including Third Third-Party Licenses) including . This includes but is not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft theft, or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 16.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement Agreement, and that in its absence; , the economic terms of this Agreement would be substantially different.
17.5 16.5 This limitation applies whether regardless of the alleged liability basis, whether it is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade Company or any of its subsidiaries, affiliates affiliates, or agents has have been advised of the possibility of such damage.
17.6 16.6 Neither AvaTrade Company nor any of its subsidiaries, affiliates affiliates, or agents has a liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 16.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade Company or any of its subsidiaries, affiliates affiliates, or agents related to unusable data, lost or corrupt commit Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet internet-related problems or from actions or events outside of AvaTradeCompany's control.
17.8 AvaTrade and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 As OTC is not an exchange traded market, prices at which AvaTrade deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTrade’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 In case AvaTrade will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTrade.
17.12 Customer further acknowledges that Ava, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade FXPN and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade FXPN including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of failureof transmission or communication facilities, or electrical power outage.
17.2 Neither AvaTrade FXPN nor any of its subsidiaries, affiliates or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set forth hereinforthherein.
17.3 Under no circumstances shall AvaTrade FXPN or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTradeFXPN’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade FXPN or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage.
17.6 Neither AvaTrade FXPN nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade FXPN or any of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTradeFXPN's control.
17.8 AvaTrade FXPN and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 As OTC is not an exchange traded market, prices at which AvaTrade FXPN deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quoteorquote.
17.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade FXPN will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTradeFXPN’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its useits trading account, and outstanding orders may not be executed.
17.11 In case AvaTrade FXPN will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTradeFXPN.
17.12 Customer further acknowledges that AvaLeverate Group, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset processresetprocess.
Appears in 1 contract
Samples: Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade ATGlobal Market and/or any of its subsidiariesaffiliates, affiliates subsidiaries or agents shall will not be responsible liable for any loss damages or damage losses caused, directly indirectly or indirectlydirectly, by any events, omissions or actions or omissions of beyond the control of AvaTrade ATGlobal Market, including, without limitation, loss or damage resulting, arising therefrom indirectly or directly or indirectly, from any inaccuracies or delays or inaccuracies in the transmission of orders and/or e / or information due to breakdown failures or failure failures in the transmission of transmission communication facilities or communication facilities, or electrical power outageoutages.
17.2 Neither AvaTrade ATGlobal Market nor any of its subsidiaries, agents or affiliates or agents warrants that the trading platform or any services provided (including Third Party Licensesthird party licenses) will be available without interruption provided error- free or will be error free uninterrupted and that such trading platform platforms and services are being provided made available "AS IS" without any representation representations or warranty warranties of any kind whatsoever kind, except as otherwise set forth hereinindicated in this document.
17.3 Under no circumstances shall AvaTrade will ATGlobal Market or any of its subsidiariesaffiliates, affiliates subsidiaries or agents will be liable for any indirect, direct, indirect, punitive, incidental, specialconsequential, or consequential special damages that result from arising out of the use of, or inability to use, AvaTrade’s use the ATGlobal Market trading platform or services (including Third Party Licensesthird party licenses) including but not limited to lost loss of profits, loss of business, trading lossloss of business, loss of data or use of data, any unauthorized access toaccess, alterationmodification, theft or destruction of Customerthe customer's computers, computer systemscomputer, data files, computer system, information or programs or information, or costs cost of procurement of acquiring substitute goods or services.
17.4 Customer The Client agrees that this section represents a reasonable fair allocation of risk, that this section is an essential a crucial element of this Agreement and that in its absencewithout it; The conditions economic conditions of the economic terms of this Agreement agreement would be substantially different.
17.5 This limitation applies whether or not the alleged liability is based on in tort, contract, tort, negligence, strict liability, liability or any other basis, even if AvaTrade ATGlobal Market or any of its subsidiariesaffiliates, affiliates subsidiaries or agents has been advised of the its possibility of such damagedamage or harm.
17.6 Neither AvaTrade ATGlobal Market nor any of its subsidiariesaffiliates, affiliates subsidiaries or agents has have liability or duty of indemnification obligation related to unusable data, lost data or corrupt Customer transactions or data, corrupted by whatever meansthe Customer, in whatever formany form or in any way.
17.7 This limitation of liability additionally also eliminates any duty liability or liability on the obligation from part of AvaTrade ATGlobal Market, or any of its subsidiariesaffiliates, affiliates subsidiaries or agents related agents, connected to unusable data, lost or corrupt Customer transactions or dataCustomer data corrupted or lost, resulting in part or in whole wholly from third-third party software or networking goods services or network services or from internet related problems relating to the Internet or from events or actions or events outside beyond the control of AvaTrade's controlATGlobal Market.
17.8 AvaTrade ATGlobal Market and its subsidiariesaffiliates, affiliates subsidiaries and agents disclaim any and all e any liability resulting from caused by or related to connected with any breach Internet disruption or security breach, distortion or cancellation of internet security or disruption, distortions or delays of the Customer's connections to the internetInternet, due to any reason.
17.9 As OTC is not an exchange traded a trading market, the prices at which AvaTrade deals at ATGlobal Market quotes or quotes do business it may or may not be similar to like the prices at which other OTC market makers deal at quote or quotedo business.
17.10 Should a quoting In the event of an execution or execution error occurquotation failure, which may include, but are not limited to, to a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price incorrect quote from a dealer reseller, or erroneous price an incorrect quote a due to failure of hardware, software or communication lines or systems or software, or an estimate does not reflect fair market pricing, or inaccurate external data feeds provided or systems offered by third-third party vendorsproviders, AvaTrade ATGlobal Market will not be liable for the errors resulting errors in account balances. Without derogating from the aboveforegoing, in the event that transactions shall be are opened or closed or opened based on the Erroneous Quoteincorrect quote, AvaTrade’s ATGlobal Market trading room attempts floor yes will undertake to recognize such this event and to act promptly to reset such eventit. Customer acknowledges The customer knows that the reset recovery process may take some time, during which Customer the customer may not be able to use its access your trading account, account and outstanding pending orders may not be executedperformed.
17.11 In case AvaTrade will identify the event that ATGlobal Market becomes aware of an erroneous incorrect quote or an a outdated quotequotation, it may offer provide the Customer Client with an alternative quote or alternatively to alternative quotation for continue the transaction, all at the ATGlobal Market 's sole discretion of AvaTrade.discretion
17.12 Customer The customer further acknowledges understands that AvaATGlobal Market its affiliates, its subsidiaries, affiliates subsidiaries and agents shall will not be liable for any loss or damage caused due to or in connection with such reset processprocess restoration.
Appears in 1 contract
Samples: Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade 18.1 Live24trade and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade Live24trade including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 18.2 Neither AvaTrade Live24trade nor any of its subsidiaries, affiliates or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 18.3 Under no circumstances shall AvaTrade Live24trade or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTradeLive24trade’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 18.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 18.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade Live24trade or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage.
17.6 18.6 Neither AvaTrade Live24trade nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 18.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade Live24trade or any of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTradeLive24trade 's control.
17.8 AvaTrade 18.8 Live24trade and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 18.9 As OTC is not an exchange traded market, prices at which AvaTrade Live24trade deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 18.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade Live24trade will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTradeLive24trade’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 18.11 In case AvaTrade Live24trade will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTradeLive24trade.
17.12 18.12 Customer further acknowledges that AvaLive24trade, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Client Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade Tample and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade Tample including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 . Neither AvaTrade Tample nor any of its subsidiaries, affiliates or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 . Under no circumstances shall AvaTrade Tample or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTradeTample’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 . Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 . This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade Tample or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage.
17.6 . Neither AvaTrade Tample nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 . This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade Tample or any of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTradeTample's control.
17.8 AvaTrade . Tample and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 . As OTC is not an exchange traded market, prices at which AvaTrade Tample deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 . Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade Tample will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTradeXxxxxx’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 . In case AvaTrade Tample will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTrade.
17.12 Tample. Customer further acknowledges that AvaTample, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process. Third Party Licenses: If any third-party software is included within or embedded in the Website or online trading platform, then such embedded third-party software shall be provided subject to the terms of this Customer Agreement which apply to the online trading platform. Customer shall fully comply with terms of any Third-Party Licenses that we provide from time to time. We provide no express or implied warranty, indemnity or support for the Third-Party Licenses, and will have no liability related thereto.
Appears in 1 contract
Samples: Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade Vaanex and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade Vaanex including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 Neither AvaTrade Vaanex nor any of its subsidiariesitssubsidiaries, affiliates or agents warrants that the trading thetrading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS ISASIS" without any representation or warranty of any kind whatsoever except as otherwise set forth anyrepresentationorwarrantyof anykindwhatsoeverexceptasotherwisesetforth herein.
17.3 Under no circumstances shall AvaTrade Vaanex or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTradeVaanex’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade Vaanex or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage.
17.6 Neither AvaTrade Vaanex nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade Vaanex or any of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTrade's Vaanex’s control.
17.8 AvaTrade Vaanex and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 As OTC is OTCis not an exchange traded marketanexchangetradedmarket, prices at which AvaTrade pricesatwhich Vaanex deals at or quotes may or may orquotes mayormay not be similar to prices at which other OTC market makers deal at or quote.
17.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade Vaanex will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTradeVaanex’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 In case AvaTrade Vaanex will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTradeVaanex.
17.12 Customer further acknowledges that AvaVaanex, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade 20.1 Tradeska and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade Tradeska including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 20.2 Neither AvaTrade Tradeska nor any of its subsidiaries, affiliates or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS ISASIS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 20.3 Under no circumstances shall AvaTrade Tradeska or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTrade’s Tradeska‟s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 20.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 20.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade Tradeska or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage.
17.6 20.6 Neither AvaTrade Tradeska nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 20.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade Tradeska or any of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTrade's Tradeska‟s control.
17.8 AvaTrade 20.8 Tradeska and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 20.9 As OTC is not an exchange traded market, prices at which AvaTrade Tradeska deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 20.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade Tradeska will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTrade’s Tradeska‟s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 20.11 In case AvaTrade Tradeska will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTradeTradeska.
17.12 20.12 Customer further acknowledges that AvaTradeska, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade 18.1 i360fx and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade i360fx including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 18.2 Neither AvaTrade i360fx nor any of its subsidiaries, affiliates or agents warrants that the trading platform or platformor any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 18.3 Under no circumstances shall AvaTrade i360fx or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTradei360fx’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 18.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 18.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade i360fx or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage.
17.6 18.6 Neither AvaTrade i360fx nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 18.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade i360fx or any of anyof its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTradei360fx's control.
17.8 AvaTrade 18.8 i360fx and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 18.9 As OTC is not an exchange traded market, prices at which AvaTrade i360fx deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 18.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade i360fx will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTradei360fx’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 18.11 In case AvaTrade i360fx will identify an erroneous quote or an outdated quote, it may offer the Customer an Customeran alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTradei360fx.
17.12 18.12 Customer further acknowledges that Avai360fx, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Client Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade 18.1 AceFxPro and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade AceFxPro including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 18.2 Neither AvaTrade AceFxPro nor any of its subsidiaries, affiliates or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 18.3 Under no circumstances shall AvaTrade AceFxPro or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTradeAceFxPro’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 18.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 18.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade AceFxPro or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage.
17.6 18.6 Neither AvaTrade AceFxPro nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 18.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade AceFxPro or any of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTradeAceFxPro's control.
17.8 AvaTrade 18.8 AceFxPro and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 18.9 As OTC is not an exchange traded market, prices at which AvaTrade AceFxPro deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 18.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade AceFxPro will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTradeAceFxPro’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 18.11 In case AvaTrade AceFxPro will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTradeAceFxPro.
17.12 18.12 Customer further acknowledges that AvaAceFxPro, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Client Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade Stone Cross and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade Stone Cross including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 Neither AvaTrade Stone Cross nor any of its subsidiaries, affiliates or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 Under no circumstances shall AvaTrade Stone Cross or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTradeStone Cross’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade Stone Cross or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage.
17.6 Neither AvaTrade Stone Cross nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade Stone Cross or any of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTradeStone Cross's control.
17.8 AvaTrade Stone Cross and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 As OTC is not an exchange traded market, prices at which AvaTrade Stone Cross deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade Stone Cross will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTradeStone Cross’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 In case AvaTrade Stone Cross will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTradeStone Cross.
17.12 Customer further acknowledges that Ava, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 18.1 AvaTrade and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 18.2 Neither AvaTrade nor any of its subsidiaries, affiliates or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 18.3 Under no circumstances shall AvaTrade or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTrade’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 18.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 18.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage.
17.6 18.6 Neither AvaTrade nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 18.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade or any of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTrade's control.
17.8 18.8 AvaTrade and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 18.9 As OTC is not an exchange traded market, prices at which AvaTrade deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 18.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTrade’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 18.11 In case AvaTrade will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTrade.
17.12 18.12 Customer further acknowledges that Ava, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade 18.1 GPTMarketPro(GMP) and/or any of its subsidiaries, affiliates marketing partners or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade GPTMarketPro(GMP) including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 18.2 Neither AvaTrade GPTMarketPro(GMP) nor any of its subsidiaries, affiliates marketing partners or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 18.3 Under no circumstances shall AvaTrade GPTMarketPro(GMP) or any of its subsidiaries, affiliates marketing partners or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTradeGPTMarketPro(GMP)’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 18.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 18.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade GPTMarketPro(GMP) or any of its subsidiaries, affiliates marketing partners or agents has been advised of the possibility of such damage.
17.6 18.6 Neither AvaTrade GPTMarketPro(GMP) nor any of its subsidiaries, affiliates marketing partners or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 18.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade GPTMarketPro(GMP) or any of its subsidiaries, affiliates marketing partners or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTradeGPTMarketPro(GMP)'s control.
17.8 AvaTrade and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 As OTC is not an exchange traded market, prices at which AvaTrade deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTrade’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 In case AvaTrade will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTrade.
17.12 Customer further acknowledges that Ava, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade 18.1 LeadsValue and/or any of its subsidiaries, affiliates marketing partners or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade LeadsValue including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 18.2 Neither AvaTrade LeadsValue nor any of its subsidiaries, affiliates marketing partners or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 18.3 Under no circumstances shall AvaTrade LeadsValue or any of its subsidiaries, affiliates marketing partners or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTradeLeadsValue’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 18.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 18.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade LeadsValue or any of its subsidiaries, affiliates marketing partners or agents has been advised of the possibility of such damage.
17.6 18.6 Neither AvaTrade LeadsValue nor any of its subsidiaries, affiliates marketing partners or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 18.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade LeadsValue or any of its subsidiaries, affiliates marketing partners or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTradeLeadsValue's control.
17.8 AvaTrade 18.8 LeadsValue and its subsidiaries, affiliates marketing partners and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 18.9 As OTC is not an exchange traded market, prices at which AvaTrade LeadsValue deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 18.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade LeadsValue will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTradeLeadsValue’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 18.11 In case AvaTrade LeadsValue will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTradeLeadsValue.
17.12 18.12 Customer further acknowledges that AvaLeadsValue, its subsidiaries, affiliates marketing partners and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade 18.1 The Vision Fx and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade The Vision Fx including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 18.2 Neither AvaTrade The Vision Fx nor any of its subsidiaries, affiliates or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 18.3 Under no circumstances shall AvaTrade The Vision Fx or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTradeThe Vision Fx’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 18.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this ofthis Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 18.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade The Vision Fx or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage.
17.6 18.6 Neither AvaTrade The Vision Fx nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 18.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade The Vision Fx or any of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTradeThe Vision Fx's control.
17.8 AvaTrade 18.8 The Vision Fx and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.. GENERAL TERMS & CONDITIONS
17.9 18.9 As OTC is not an exchange traded market, prices at which AvaTrade The Vision Fx deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 18.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade The Vision Fx will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTradeThe Vision Fx’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 18.11 In case AvaTrade The Vision Fx will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTradeThe Vision Fx.
17.12 18.12 Customer further acknowledges that AvaThe Vision Fx, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Client Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade 151 InvestusPro and/or any of its affiliates, subsidiaries, affiliates or agents shall not be responsible culpable for any damage or loss or damage caused, directly indirectly or indirectlydirectly, by any events, comissions or actions or omissions beyond the control of AvaTrade InvestusPro including, without limitation, loss or damage resulting, resulting indirectly o r directly or indirectly, from any inaccuracies or delays or inaccuracies in the transmission of orders and/or information informatio n due to failure or breakdown or failure of transmission or of communication facilities, or electrical power outagefailure.
17.2 15.2 Neither AvaTrade InvestusPro nor any of its subsidiaries, agents or affiliates or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available provided error free or without interruption or will be error free and such trading platform platforms and services are being provided "madeavailable “AS IS" ” without any representation or warranty of any kind whatsoever form except as otherwise set forth hereinstated here in.
17.3 Under 15.3 In no circumstances situation shall AvaTrade InvestusPro or any of its subsidiariesaffiliates, affiliates subsidiaries or agents be liable for any indirect, direct, indirect, punitive, incidental, specialconsequently, or consequential special damages that result from the use of, or inability to use, AvaTradeInvestusPro’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data business, loss of data, or use of data, any unauthorized access to, alterationchange, theft or destruction of Customer's computers, computer systems’s computer, data files, programs computer system, information or informationprograms, or costs the cost of procurement of substitute goods or services.
17.4 15.4 Customer agrees that this section represents a reasonable fair allocation of risk, that this section is an essential a crucial element of this Agreement and that in its absencewithout it; the economic terms of this the Agreement would be substantially different.
17.5 15.5 This limitation applies whether the alleged liability is based founded on tort, contract, tort, negligence, strict liability, or any other basis, even if AvaTrade InvestusPro o r any of its affiliates,subsidiaries ,or ag ents ha s been told of the po ssibility of su ch harm or da mage.
15.6 Neither InvestusPro or any of its affiliates, subsidiaries, affiliates or agents has been advised of the possibility of such damage.
17.6 Neither AvaTrade nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related connected to unusable data, lost or corrupt Customer transactions or data, by whatever meansdata ortransaction, in whatever form, or by whatever ways.
17.7 15.7 This limitation of liability additionally also eliminates any liability or duty or liability on the part of AvaTrade from InvestusPro , or any of its subsidiariesaffiliates, affiliates subsidiaries or agents related agents, connected to unusable data, corrupt or lost or corrupt Customer transactions transaction or data, resulting a result of in part or in whole entirely from third-party software or services or networking goods or services or from internet related problems issues or from events or actions or events outside of AvaTrade's control.the control of InvestusPro
17.8 AvaTrade 15.8 InvestusPro and its affiliates, subsidiaries, affiliates and agents disclaim all and any and all liability resulting from caused by or related connected to any breach of internet security disruption or disruptionsecurity, distortions distortion or delays of Customer's ’s connections to the internet, due to as a result of any reason.
17.9 15.9 As OTC is not an exchange traded market, prices at which AvaTrade InvestusPro quote or deals at can or quotes may or may can not be similar to like prices at which other OTC market makers quote or deal at or quoteat.
17.10 15.10 Should a an execution or quoting or execution error occurtake place, which may can include, but are not limited to, restricted to a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or software, or a quote that is not reflective of fair market prices, or systems or inaccurate external data feeds provided offered by third-party vendorspartyvendors, AvaTrade InvestusPro will not be liable for the resulting errors in account balances. Without derogating from the above, in the event case that transactions shall be opened or closed or opened based on the Erroneous Quote, AvaTradeInvestusPro’s trading room attempts will endeavor to recognize such event and to act promptly timely to reset such event. Customer acknowledges knows that the reset process may take time, during which Customer may not be able to use access its trading account, and outstanding orders may not be executedcarried out.
17.11 15.11 In case AvaTrade InvestusPro will identify become aware of an erroneous quote or an outdated quote, it may offer provide the Customer with an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTrade.InvestusPro
17.12 15.12 Customer further acknowledges knows that AvaInvestusPro its affiliates, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with relation to such reset process.
Appears in 1 contract
Samples: Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade 16.1 Veracity Markets and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade Veracity Markets including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 16.2 Neither AvaTrade Veracity Markets nor any of its subsidiaries, affiliates or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 16.3 Under no circumstances shall AvaTrade Veracity Markets or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTrade’s Veracity Markets’ trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 16.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 16.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade Veracity Markets or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage.
17.6 16.6 Neither AvaTrade Veracity Markets nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 16.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade Veracity Markets or any of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTrade's Veracity Markets' control.
17.8 AvaTrade 16.8 Veracity Markets and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 16.9 As OTC is not an exchange traded market, prices at which AvaTrade Veracity Markets deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 16.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade Veracity Markets will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTrade’s Veracity Markets’ trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 16.11 In case AvaTrade Veracity Markets will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTradeVeracity Markets.
17.12 16.12 Customer further acknowledges that AvaVeracity Markets, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade Tradeska and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade Tradeska including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 Neither AvaTrade Tradeska nor any of its subsidiaries, affiliates or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS ISASIS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 Under no circumstances shall AvaTrade Tradeska or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTradeTradeska’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade Tradeska or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage.
17.6 Neither AvaTrade Tradeska nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade Tradeska or any of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTrade's Tradeska’s control.
17.8 AvaTrade Tradeska and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 As OTC is not an exchange traded market, prices at which AvaTrade Tradeska deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade Tradeska will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTradeTradeska’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 In case AvaTrade will identify an erroneous quote or an outdated quote, it may offer the Customer IncaseTradeska willidentifyanerroneousquoteoranoutdatedquote,itmayoffertheCustomer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTradeTradeska.
17.12 Customer further acknowledges that AvaTradeska, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 18.1 AvaTrade and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade including, without limitation, government restrictions, court decisions, changes in market or exchange rules and regulations, war, riots, strikes, fire, floods, natural disasters, industrial disputes, market or exchange halts, extreme volatility, extreme volumes, theft (including internal), loss or damage resulting, directly or indirectly, from any delays delays, deletion or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage, or problems, interruptions, errors, acts, omissions or bankruptcy of third parties, such as exchanges, executors, depository banks, clearing members, agents, brokers and/or trading venues, as well as any acts or omissions of AvaTrade as a result of acts of omissions of such third parties. AvaTrade and/or any of its subsidiaries, affiliates or agents shall in no event be held liable for the safekeeping and custody of client assets, any full or partial loss of the deposited funds or instruments and the potential loss of revenues derived from such funds or instruments, due to whatever incident which occurs at third party executors or depositories.
17.2 18.2 Neither AvaTrade nor any of its subsidiaries, affiliates or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 18.3 Under no circumstances shall AvaTrade or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTrade’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 18.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 18.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage.
17.6 18.6 Neither AvaTrade nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 18.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade or any of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTrade's control.
17.8 18.8 AvaTrade and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 18.9 As OTC is not an exchange traded market, prices at which AvaTrade deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 18.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTrade’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 18.11 In case AvaTrade will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTrade.
17.12 18.12 Customer further acknowledges that Ava, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade 18.1. Tample and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade Tample including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 18.2. Neither AvaTrade Tample nor any of its subsidiaries, affiliates or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 18.3. Under no circumstances shall AvaTrade Tample or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTradeTample’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 18.4. Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 18.5. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade Tample or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage.
17.6 18.6. Neither AvaTrade Tample nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 18.7. This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade Tample or any of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTradeTample's control.
17.8 AvaTrade 18.8. Tample and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 18.9. As OTC is not an exchange traded market, prices at which AvaTrade Tample deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 18.10. Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade Tample will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTradeTample’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 In 00.00. Xx case AvaTrade Tample will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTradeTample.
17.12 18.12. Customer further acknowledges that AvaTample, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade Oceix and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade Oceix including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 Neither AvaTrade NeitherOceix nor any of its subsidiariesanyof itssubsidiaries, affiliates or agents warrants that the trading platform oragentswarrantsthatthetradingplatform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set ASIS"withoutanyrepresentationorwarrantyofanykindwhatsoeverexceptasotherwiseset forth herein.
17.3 Under no circumstances shall AvaTrade Oceix or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTradeOceix’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade Oceix or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage.
17.6 Neither AvaTrade Oceix nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade Oceix or any of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTrade's Oceix’s control.
17.8 AvaTrade Oceix and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 As OTC is not an exchange traded market, prices at which AvaTrade Oceix deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade Oceix will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTradeOceix’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 In case AvaTrade caseOceix will identify an erroneous quote or quoteor an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTradeOceix.
17.12 Customer further acknowledges that AvaOceix, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Customer Agreement
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade a. CRM and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade CRM including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 b. Neither AvaTrade CRM nor any of its subsidiaries, affiliates or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 c. Under no circumstances shall AvaTrade CRM or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTradeCRM’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 d. Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 e. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade CRM or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage.
17.6 f. Neither AvaTrade CRM nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 g. This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade CRM or any of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTradeCRM's control.
17.8 AvaTrade h. CRM and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 i. As OTC is not an exchange traded market, prices at which AvaTrade CRM deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 j. Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-third- party vendors, AvaTrade CRM will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTradeCRM’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 k. In case AvaTrade CRM will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTradeCRM.
17.12 l. Customer further acknowledges that AvaCRM, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Terms and Agreement of Use
Disclaimer of Warranties; Limitation of Liability. 17.1 AvaTrade 16.1 AstraFX and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of AvaTrade AstraFX including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
17.2 1.2 Neither AvaTrade AstraFX nor any of its subsidiaries, affiliates or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available AstraFXilable without interruption or will be error free and such trading platform and services are being provided "AS IS" without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
17.3 16.3 Under no circumstances shall AvaTrade AstraFX or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, AvaTradeAstraFX’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Customer's computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
17.4 16.4 Customer agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
17.5 16.5 This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if AvaTrade AstraFX or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage.
17.6 16.6 Neither AvaTrade AstraFX nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Customer transactions or data, by whatever means, in whatever form.
17.7 16.7 This limitation of liability additionally eliminates any duty or liability on the part of AvaTrade AstraFX or any of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Customer transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of AvaTradeAstraFX's control.
17.8 AvaTrade 16.8 AstraFX and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer's connections to the internet, due to any reason.
17.9 16.9 As OTC is not an exchange traded market, prices at which AvaTrade AstraFX deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
17.10 16.10 Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, AvaTrade AstraFX will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, AvaTradeAstraFX’s trading room attempts to recognize such event and to act promptly to reset such event. Customer acknowledges that the reset process may take time, during which Customer may not be able to use its trading account, and outstanding orders may not be executed.
17.11 16.11 In case AvaTrade AstraFX will identify an erroneous quote or an outdated quote, it may offer the Customer an alternative quote or alternatively to continue the transaction, all at the sole discretion of AvaTradeAstraFX.
17.12 16.12 Customer further acknowledges that AvaAstraFX, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
Appears in 1 contract
Samples: Customer Agreement
