Common use of Limitation of Liability; Indemnity Clause in Contracts

Limitation of Liability; Indemnity. a) We, our partners, officers, directors, affiliates, employees and agents (each a “Related Party”) have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the Trading Services or for delays or omissions of the Trading Services, or for the failure of any connection or communication service to provide or maintain your access to a Trading Service, or for any interruption in or disruption of your access or any erroneous communications between us and you. We are not liable for any special, indirect, incidental or consequential damages which you may incur or experience because you entered into this Agreement or relied on the Trading Services, even if we know of the possibility of those damages. We are not responsible for informing you of any difficulties that We or other third parties experience concerning use of the Trading Services for our accounts or other accounts or to take any action in connection with those difficulties. We also have no duty or obligation to verify, correct, complete or update any information displayed in the Trading Services. You are solely responsible for any losses, damages or costs resulting from your reliance on any data or information that we may provide in connection with your use of the Trading Services. You will make your own independent decision to access or use any Trading Service or to execute any Transaction and you acknowledge and agree that the Trading Services do not and will not serve as the primary basis for any of your investment decisions concerning your accounts or your managed or fiduciary accounts. You are solely responsible for any investment or trading decisions you make with respect to products identified on the Trading Services and we are not responsible for determining whether any Transaction you may enter into is suitable, appropriate or advisable. We (and any of our affiliates) are not and will not be, by virtue of providing the Trading Services, an advisor or fiduciary for you or your managed or fiduciary accounts. b) You will indemnify, protect, and hold harmless us and our Related Parties from and against any and all losses, liabilities, judgments, suits, actions, proceedings, claims, damages, costs (including attorney’s fees) (collectively, “Losses”) resulting from or arising out of the use of the Trading Services by you or your Related Parties, including any breaches of the security of the Trading Services (including any access or entry into any of our other systems not covered by this Agreement) c) In Paragraph 7(a) the terms “we”, “our” and “us” include any third-party service providers selected by you or us in connection with the Trading Services, and in Paragraph 7(b) those terms include third party service providers selected by us. d) Orders that you enter through the Trading Services may be routed to third party systems, markets or exchanges (each, a “Third Party System”). We are not responsible for any losses, damages or costs that may result from errors made by any Third-Party System in reading, processing or executing such orders, or if any Third-Party System otherwise fails to properly execute such orders. e) Without prejudice to any rights under this Agreement, in case of any breach of our warranty in Paragraph 6(b), our liability is limited to the repair or replacement of any part of the Trading Services that causes the breach. f) You agree that, with the exception of the provisions of Paragraph 7(e), our liability and the collective liability of our Related Parties and the third party service providers selected by you or us, if any, arising out of any kind of legal claim (whether in contract, tort, or otherwise) or in any way connected to your use of the Trading Services will not exceed the amount of the profit we received on the specific transaction giving rise to such legal claim unless caused directly by our gross negligence or willful misconduct. g) None of the above will limit your rights and remedies under the state or federal securities laws.

Limitation of Liability; Indemnity. a) 7.1 We, our managing directors, partners, officers, directors, affiliates, employees and agents (each a “Related Party”) shall have no liability, contingent or otherwise, to you or to third parties, for as a result of the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of if the Trading Services or for as a result of delays or omissions of the Trading Services, or for as a result of the failure of any connection or communication service to provide or maintain your you access to a Trading Service, or for as a result of any interruption in or disruption of your you access or any erroneous communications between us and you. We are not liable for any special, indirect, incidental or consequential damages (including, loss of profit, loss of use, loss of cost or other savings or loss of goodwill or reputation) which you may incur or experience because you as a result of your having entered into this Agreement or relied relying on the Trading ServicesServices or any information provided to you in connection therewith (including, description of Applicable Rules), even if we know of the possibility of those damages. We are not responsible for informing you of any difficulties that We we or other third parties experience concerning use of the Trading Services for our accounts or other third parties experience concerning use of the Trading Services for our accounts or other accounts or to take any action in connection with those difficulties. We also have no duty or obligation to verify, correct, complete or update any information displayed in the Trading Servicesservices. You are solely responsible for any losses, damages or costs resulting from your reliance on any data or information that we may provide in connection with your use of the Trading Services. You will make your own independent decision to access or use any Trading Service Services or to execute any Transaction and you acknowledge and agree that the Trading Services do not and will not serve as the primary basis for any of your investment decisions concerning your accounts or of your managed or fiduciary accounts. You are solely responsible for any investment or trading decisions decision you make with respect to products identified on the Trading Services and we are not responsible for determining whether any Transaction Transactions you may enter into is suitable, appropriate or advisable. We (and any of our affiliates) are not and will not be, by virtue of providing the Trading Services, an advisor or fiduciary for you or your managed or fiduciary accounts. b) 7.2 You will indemnify, protect, indemnify protect and hold harmless us and our Related Parties from and against any and all losses, liabilities, judgments, suits, actions, proceedings, claims, damages, costs (including attorney’s fees) (collectively, “Losses”) resulting from or us arising out of the use of the Trading Services and Facilities by you or and your Related Parties, including any breaches of Parties except to the security of the Trading Services (including any access extent such Losses are due to our gross negligence or entry into any of our other systems not covered by this Agreement)intentional misconduct. c) 7.3 In Paragraph 7(a) 7.1 the terms “we”, “our” and “us” include any third-third party service providers selected by you or us in connection with the Trading Services, and in Paragraph 7(b) 7.2 those terms include third party service providers selected by usus (unless the context otherwise requires). d) 7.4 Orders that you enter through the Trading Services may be routed to third party systems, markets or exchanges (each, a “Third Party System”)Systems. We and our Related Parties are not responsible for any losses, damages or costs that may result from errors made by any Third-Third Party System in reading, processing or executing such orders, or if any Third-Third Party System otherwise fails to properly execute such orders. e) 7.5 Without prejudice to any rights under this Agreement, in case of any breach of our warranty in Paragraph 6(b)6.2, our liability is limited to the repair or replacement of any part of the Trading Services that causes the breach. f) 7.6 You agree that, with the exception of the provisions of Paragraph 7(e)7.5, our liability and the collective liability of our Related Parties and the third party service providers selected by you or us, if any, arising out of any the kind of if legal claim (whether in contract, tort, or otherwise) or in any way connected to your use of the Trading Services and Facilities will not exceed the amount of the profit we received on the specific transaction giving rise to such legal claim unless caused directly by our gross negligence or willful intentional misconduct. g) 7.7 None of the above will limit your rights and remedies under the state Application Rules or federal securities applicable Australian laws.

Limitation of Liability; Indemnity. a) We, our partners, officers, directors, affiliates, employees and agents (each a “Related Party”) have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the Trading Services or for delays or omissions of the Trading Services, or for the failure of any connection or communication service to provide or maintain your access to a Trading Service, or for any interruption in or disruption of your access or any erroneous communications between us and you. We are not liable for any special, indirect, incidental or consequential damages which you may incur or experience because you entered into this Agreement or relied on the Trading Services, even if we know of the possibility of those damages. We are not responsible for informing you of any difficulties that We or other third parties experience concerning use of the Trading Services for our accounts or other accounts or to take any action in connection with those difficulties. We also have no duty or obligation to verify, correct, complete or update any information displayed in the Trading Services. You are solely responsible for any losses, damages or costs resulting from your reliance on any data or information that we may provide in connection with your use of the Trading Services. You will make your own independent decision to access or use any Trading Service or to execute any Transaction and you acknowledge and agree that the Trading Services do not and will not serve as the primary basis for any of your investment decisions concerning your accounts or your managed or fiduciary accounts. You are solely responsible for any investment or trading decisions you make with respect to products identified on the Trading Services and we are not responsible for determining whether any Transaction you may enter into is suitable, appropriate or advisable. We (and any of our affiliates) are not and will not be, by virtue of providing the Trading Services, an advisor or fiduciary for you or your managed or fiduciary accounts. b) You will indemnify, protect, and hold harmless us and our Related Parties from and against any and all losses, liabilities, judgments, suits, actions, proceedings, claims, damages, costs (including attorney’s 's fees) (collectively, “Losses”) resulting from or arising out of the use of the Trading Services by you or your Related Parties, including any breaches of the security of the Trading Services (including any access or entry into any of our other systems not covered by this Agreement) c) In Paragraph 7(a) the terms “we”, “our” and “us” include any third-party service providers selected by you or us in connection with the Trading Services, and in Paragraph 7(b) those terms include third party service providers selected by us. d) Orders that you enter through the Trading Services may be routed to third party systems, markets or exchanges (each, a “Third Party System”). We are not responsible for any losses, damages or costs that may result from errors made by any Third-Party System in reading, processing or executing such orders, or if any Third-Party System otherwise fails to properly execute such orders. e) Without prejudice to any rights under this Agreement, in case of any breach of our warranty in Paragraph 6(b), our liability is limited to the repair or replacement of any part of the Trading Services that causes the breach. f) You agree that, with the exception of the provisions of Paragraph 7(e), our liability and the collective liability of our Related Parties and the third party service providers selected by you or us, if any, arising out of any kind of legal claim (whether in contract, tort, or otherwise) or in any way connected to your use of the Trading Services will not exceed the amount of the profit we received on the specific transaction giving rise to such legal claim unless caused directly by our gross negligence or willful misconduct. g) None of the above will limit your rights and remedies under the state or federal securities laws.

Limitation of Liability; Indemnity. a)  We, our managing directors, partners, officers, directors, affiliates, employees and agents (each a “Related Party”) have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, security, completeness, reliability, performance, timeliness, pricing or continued availability of the Trading Services or for delays or omissions of the Trading Services, or for the failure of any connection or communication service to provide or maintain your access to a Trading Service, or for any interruption in or disruption of your access or any erroneous communications between us and you. We are not liable for any special, indirect, incidental or consequential damages which you may incur or experience because you entered into this Agreement or relied on the Trading Services, even if we know of the possibility of those damages. We are not responsible for informing you of any difficulties that We we or other third parties experience concerning use of the Trading Services for our accounts or other accounts or to take any action in connection with those difficulties. We also have no duty or obligation to verify, correct, complete or update any information displayed in the Trading Services. You are solely responsible for any losses, damages or costs resulting from your reliance on any data or information that we may provide in connection with your use of the Trading Services. You will make your own independent decision to access or use any Trading Service or to execute any Transaction and you acknowledge and agree that the Trading Services do not and will not serve as the primary basis for any of your investment decisions concerning your accounts or your managed or fiduciary accounts. You are solely responsible for any investment or trading decisions you make with respect to products identified on the Trading Services and we are not responsible for determining whether any Transaction you may enter into is suitable, appropriate or advisable. We (and any of our affiliates) are not and will not be, by virtue of providing the Trading Services, an advisor or fiduciary for you or your managed or fiduciary accounts. b(a) You will indemnify, protect, and hold harmless us and our Related Parties from and against any and all losses, liabilities, judgments, suits, actions, proceedings, claims, damages, costs (including attorney’s fees) (collectively, “Losses”) resulting from or arising out of the use of the Trading Services by you or your Related Parties, including any breaches of the security of the Trading Services (including any access or entry into any of our other systems not covered by this Agreement), and, if you are a broker-dealer, investment manager or investment adviser acting on behalf of your customers, including any claims that a trade was not suitable for or not authorized by a customer, caused directly or indirectly by you or your Related Parties except to the extent such Losses are due to our gross negligence or willful misconduct or, if you are a broker-dealer, investment manager or investment adviser acting on behalf of your customers, to the extent such Losses arise solely from Transactions executed by us through the Trading Services on behalf of such customers. c(b) In Paragraph 7(a) the terms “we”, “our” and “us” include any third-third party service providers selected by you or us in connection with the Trading Services, and in Paragraph 7(b) those terms include third party service providers selected by us. d(c) Orders that you enter through the Trading Services may be routed to third party systems, markets or exchanges (each, a “Third Party System”). We are not responsible for any losses, damages or costs that may result from errors made by any Third-Third Party System in reading, processing or executing such orders, or if any Third-Third Party System otherwise fails to properly execute such orders. e(d) Without prejudice to any rights under this Agreement, in case of any breach of our warranty in Paragraph 6(b), our liability is limited to the repair or replacement of any part of the Trading Services that causes the breach. f(e) You agree that, with the exception of the provisions of Paragraph 7(e), our liability and the collective liability of our Related Parties and the third party service providers selected by you or us, if any, arising out of any kind of legal claim (whether in contract, tort, or otherwise) or in any way connected to your use of the Trading Services will not exceed the amount of the profit we received on the specific transaction giving rise to such legal claim unless caused directly by our gross negligence or willful misconduct. g(f) None of the above will limit your rights and remedies under the state or federal securities laws.