Market Data. You understand and agree that: (1) The proprietary rights to all Market Data (e.g. last sales prices, bids, offers, industry classification information, performance data and related information provided to you) belong to BNYMSC, its affiliates or its third party data providers (“Data Disseminators”) (i.e., the various securities markets such as the NYSE, American Stock Exchange and NASDAQ and other entities that make, or assist in making, Market Data available to you); (2) neither BNYMSC, its affiliates nor any Data Disseminator guarantees the timelines, sequence, accuracy or completeness of Market Data or other messages that the Data Disseminator may disseminate; (3) neither BNYMSC, any of its affiliates, nor any Data Disseminators shall have any liability to you or to any other person for any loss or damage arising from inaccuracies, errors, omissions, delays, interruptions or non-performance, whether due to any negligent act or omission of any Data Disseminator or BNYMSC or any of its affiliates, any cause beyond their reasonable control, or otherwise; (4) neither BNYMSC, its affiliates nor any Data Disseminator may be held liable for any discontinuance on the provision of Market Data or for any change in the manner of distribution for any reason; (5) Market Data is made available for your own individual use and you are prohibited from furnishing it to any other person or entity; (6) BNYMSC may terminate your access to any or all Market Data, or any Data Disseminator may terminate your authorization to receive Market Data, at any time; (7) Data Disseminators are third party beneficiaries under this agreement and are entitled to enforce this agreement by legal proceeding or otherwise against you or any person that gains access to or uses Market Data other than as this Agreement contemplates. You shall pay the reasonable attorney's fees that any Data Disseminator may incur in so enforcing this agreement; and (8) nothing in this Agreement should be deemed as a solicitation or recommendation to buy or sell any securities or options.
Appears in 2 contracts
Sources: Bny Mellon Wealth Online Agreement, Bny Mellon Wealth Online Agreement
Market Data. 4.1 You hereby acknowledge and agree that for any market data or other information that Syfe or any of Syfe’s third party service provider (collectively referred as “the market data providers”) provide to you in connection with your use of our Platform, you agree that:
4.1.1 all market data is protected by copyright laws. You understand and agree that: (1) The acknowledge that the market data providers have a proprietary rights to all Market Data (e.g. last sales prices, bids, offers, industry classification information, performance interest in the market data and related information provided to you) belong to BNYMSC, its affiliates that originates on or derives from it or its third party markets. Syfe provides market data for your personal non-commercial use; you will not sell, market, retransmit, publish or redistribute it in any way, unless you have entered into appropriate written agreements with the relevant market data providers;
4.1.2 the terms and conditions market data owners impose on market data users or subscribers will apply to you where required and/or applicable. These terms and conditions may be found at ▇▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇/au/legal?rp=ls (or as may be amended from time to time). We may revise or replace the terms and conditions at any time, and you are expected to check the website from time to time to take notice of any changes made, as they are binding on you. Your continued access and/or use of the Platform following any amendment of the terms and conditions will signify your assent to and acceptance of the revised terms;
4.1.3 Syfe and its market data providers (shall not be liable for the accuracy, completeness, timeliness or correct sequencing of the market data;
4.1.4 Syfe and its market data providers shall not be liable for any interruptions in the availability of market data or your access to market data;
4.1.5 the market data is provided “Data Disseminators”) (i.e.as is” and on an “as available” basis. There is no warranty of any kind, express or implied, regarding the various securities markets market data;
4.1.6 the market data does not constitute financial advice and Syfe is therefore not acting as a financial adviser when it provides you with market data;
4.1.7 Syfe and its market data providers are not responsible or liable for any actions that you take or do not take based on such as the NYSEdata or information;
4.1.8 Syfe is not responsible for, American Stock Exchange and NASDAQ and other entities that makeyou agree not to hold liable Syfe or its market data providers for, lost profits, trading losses, or assist other damages resulting from inaccurate, defective, or unavailable market data;
4.1.9 in makingany case, Market Data available Syfe’s liability arising from any legal claim (whether in contract, tort or otherwise) relating to you); the market data will not exceed the amount you have paid for the use of the Services or market data;
4.1.10 you will use such data or information solely for the purposes set out in this Agreement and in compliance with the Applicable Laws;
4.1.11 you will pay such market data fees and any applicable taxes (2if applicable) neither BNYMSC, its affiliates nor any Data Disseminator guarantees associated with your use of our Platform or use of market data as Syfe may reasonably charge from time to time;
4.1.12 you will notify us if you are not or are no longer a non-professional user for market data purposes;
4.1.13 Syfe may require you to comply with certain conditions in relation to your use of the timelines, sequence, accuracy or completeness of Market Data or other messages that the Data Disseminator market data;
4.1.14 Syfe may disseminate; (3) neither BNYMSC, any of its affiliates, nor any Data Disseminators shall have any liability require you to provide us with information in relation to you or to any other person for any loss your use or damage arising from inaccuraciesintended use of market data;
4.1.15 Syfe may, errorsat its discretion, omissions, delays, interruptions or non-performance, whether due to any negligent act or omission of any Data Disseminator or BNYMSC or any of its affiliates, any cause beyond their reasonable control, or otherwise; (4) neither BNYMSC, its affiliates nor any Data Disseminator may be held liable for any discontinuance on the provision of Market Data or for any change in the manner of distribution for any reason; (5) Market Data is made available for your own individual use and you are prohibited from furnishing it to any other person or entity; (6) BNYMSC may terminate remove your access to any or all Market Data, or any Data Disseminator may terminate your authorization to receive Market Data, market data at any time; (7) Data Disseminators are third party beneficiaries under this agreement and are entitled and
4.1.16 Syfe may correct any execution reported to enforce this agreement you that was based on inaccurate market data provided to Syfe by legal proceeding an exchange or otherwise against you or any person that gains access to or uses Market Data other than as this Agreement contemplates. You shall pay the reasonable attorney's fees that any Data Disseminator may incur in so enforcing this agreement; and (8) nothing in this Agreement should be deemed as a solicitation or recommendation to buy or sell any securities or optionsmarket centre.
Appears in 2 contracts
Sources: Client Agreement, Client Agreement
Market Data. dough obtains market data from exchanges, markets, associations, electronic communications networks, and from other third-party providers that transmit market data (collectively, “Market Data Providers”). You acknowledge that the market data is provided “as is” and on an “as available” basis. There is no warranty of any kind, express or implied, regarding the market data. The market data is believed to be reliable, but neither dough nor Market Data Providers can guarantee the accuracy, completeness, timeliness or correct sequencing of the market data. Therefore, you agree that dough may correct any execution reported to you that was based on inaccurate market data, unbeknownst to dough, provided to the Firm by Market Data Providers. You understand and that you are responsible for any corrected price or size of the execution of your order that reflects the actual execution of your order pursuant to the Exchange’s rules where your order was routed for execution. Furthermore, you agree that: (1) The proprietary rights to all not hold dough or Market Data (e.g. last sales prices, bids, offers, industry classification information, performance Providers liable for interruptions in the availability of market data or your access to market data. You agree to hold harmless and related information provided to you) belong to BNYMSCindemnify dough, its officers, directors, employees, agents and affiliates or its third party data providers (“Data Disseminators”) (i.e.and those officers, directors, employees, agents and affiliates of the various securities markets such as the NYSE, American Stock Exchange and NASDAQ and other entities that make, or assist in making, Market Data available to you); (2) neither BNYMSC, its affiliates nor any Data Disseminator guarantees the timelines, sequence, accuracy or completeness of Market Data or other messages that the Data Disseminator may disseminate; (3) neither BNYMSC, any of its affiliates, nor any Data Disseminators shall have Providers from any liability with respect to you interruptions in the availability of market data, your access to market data, lost profits, trading losses or to any other person for any loss damages resulting from inaccurate, defective or damage arising unavailable market data. To the extent a tribunal from inaccuracies, errors, omissions, delays, interruptions or non-performance, whether due to any negligent act or omission of any Data Disseminator or BNYMSC or any of its affiliates, any cause beyond their reasonable control, or otherwise; (4) neither BNYMSC, its affiliates nor any Data Disseminator may component jurisdiction determines that dough should be held liable for any discontinuance on such losses, you agree that dough’ liability will not exceed the provision amount you paid for the receipt of the market data. You acknowledge that the Market Data Providers have a proprietary interest in their market data. You may not sell, market, repurpose or for redistribute the market data in any change in the manner way. You acknowledge that it is solely your responsibility to ensure your employment information and use of distribution for any reason; (5) Market Data market data on record is made available for your own individual use current and accurate at all times, and you are prohibited from furnishing it agree to any other person or entity; (6) BNYMSC may terminate pay all applicable fees charged to as result of you not properly disclosing your access employment information and use of market data as dough reserves the right to any or all Market Data, or any Data Disseminator may terminate your authorization to receive Market Data, at any time; (7) Data Disseminators are third party beneficiaries under this agreement and are entitled to enforce this agreement by legal proceeding or otherwise against you or any person that gains access to or uses Market Data other than as this Agreement contemplates. You shall pay the reasonable attorney's fees that any Data Disseminator may incur in so enforcing this agreement; and (8) nothing in this Agreement should be deemed as a solicitation or recommendation to buy or sell any securities or optionsdo so.
Appears in 1 contract
Sources: Futures Customer Agreement
Market Data. Integrated Investment Research obtains market data from exchanges, markets, associations, electronic communications networks, and from other Third-Party Providers that transmit market data (collectively, “Market Data Providers”). You acknowledge that the market data is provided “as is” and on an “as available” basis. There is no warranty of any kind, express or implied, regarding the market data. The market data is believed to be reliable, but neither Integrated Investment Research nor Market Data Providers can guarantee the accuracy, completeness, timeliness or correct sequencing of the market data. Therefore, you agree that Integrated Investment Research may correct any execution reported to you that was based on inaccurate market data, unbeknownst to Integrated Investment Research, provided to the Firm by Market Data Providers. You understand and that you are responsible for any corrected price or size of the execution of your order that reflects the actual execution of your order pursuant to the Exchange’s rules where your order was routed for execution. Furthermore, you agree that: (1) The proprietary rights to all not hold Integrated Investment Research or Market Data (e.g. last sales prices, bids, offers, industry classification information, performance Providers liable for interruptions in the availability of market data or your access to market data. You agree to hold harmless and related information provided to you) belong to BNYMSCindemnify Integrated Investment Research, its officers, directors, employees, agents and affiliates or its third party data providers (“Data Disseminators”) (i.e.and those officers, directors, employees, agents and affiliates of the various securities markets such as the NYSE, American Stock Exchange and NASDAQ and other entities that make, or assist in making, Market Data available to you); (2) neither BNYMSC, its affiliates nor any Data Disseminator guarantees the timelines, sequence, accuracy or completeness of Market Data or other messages that the Data Disseminator may disseminate; (3) neither BNYMSC, any of its affiliates, nor any Data Disseminators shall have Providers from any liability with respect to you interruptions in the availability of market data, your access to market data, lost profits, trading losses or to any other person for any loss damages resulting from inaccurate, defective or damage arising unavailable market data. To the extent a tribunal from inaccuracies, errors, omissions, delays, interruptions or non-performance, whether due to any negligent act or omission of any Data Disseminator or BNYMSC or any of its affiliates, any cause beyond their reasonable control, or otherwise; (4) neither BNYMSC, its affiliates nor any Data Disseminator may component jurisdiction determines that Integrated Investment Research should be held liable for any discontinuance on such losses, you agree that Integrated Investment Research’ liability will not exceed the provision amount you paid for the receipt of the market data. You acknowledge that the Market Data Providers have a proprietary interest in their market data. You may not sell, market, repurpose or for redistribute the market data in any change in the manner way. You acknowledge that it is solely your responsibility to ensure your employment information and use of distribution for any reason; (5) Market Data market data on record is made available for your own individual use current and accurate at all times, and you are prohibited from furnishing it agree to any other person or entity; (6) BNYMSC may terminate pay all applicable fees charged to as result of you not properly disclosing your access employment information and use of market data as tastyworks reserves the right to any or all Market Data, or any Data Disseminator may terminate your authorization to receive Market Data, at any time; (7) Data Disseminators are third party beneficiaries under this agreement and are entitled to enforce this agreement by legal proceeding or otherwise against you or any person that gains access to or uses Market Data other than as this Agreement contemplates. You shall pay the reasonable attorney's fees that any Data Disseminator may incur in so enforcing this agreement; and (8) nothing in this Agreement should be deemed as a solicitation or recommendation to buy or sell any securities or optionsdo so.
Appears in 1 contract
Sources: Integrated Investment Research Terms and Conditions
Market Data. You understand and agree that: (1) The proprietary rights to all Market Data market data contained in this web site (e.g. last sales prices, bids, offersbids of- fers, industry classification information, performance data and related information provided to youYou) (“Market Data”) belong to BNYMSC, its affiliates BNY Mellon or its third party data providers (“Data Disseminators”) (i.e., the various securities markets such as the NYSE, American Stock Exchange and NASDAQ and other entities that make, or assist in making, Market Data available to you); You): (2) neither BNYMSCBNY Mellon, its affiliates af- filiates nor any Data Disseminator guarantees the timelinestimeliness, sequence, accuracy or completeness of Market Data or other messages that the Data Disseminator may disseminate; (3) neither BNYMSCNeither BNY Mellon, any of its affiliates, nor any Data Disseminators shall have any liability to you or to any other person for any loss or damage arising from inaccuracies, errors, omissions, delays, interruptions or non-non- performance, whether due to any negligent act or omission of any Data Disseminator or BNYMSC BNY Mellon or any of its affiliates, any cause beyond their reasonable control, or otherwise; (4) neither BNYMSCBNY Mellon, its affiliates nor any Data Disseminator may be held liable for any discontinuance on the provision of Market Data or nor for any change in the manner of distribution for any reason; (5) Market Data data is made available for your Your own individual use and you You are prohibited from furnishing it to any other person or entity; (6) BNYMSC BNY Mellon may terminate your Your access to any or all Market Data, or any Data Disseminator may terminate your authorization to receive Market Data, at any time; (7) Data Disseminators are third party beneficiaries under this agreement and are entitled to enforce this agreement by legal proceeding or otherwise against you You or any person that gains access to or uses Market Data other than as this Agreement agreement contemplates. You shall pay the reasonable attorney's ’s fees that any Data Disseminator may incur in so enforcing this agreement; and (8) nothing in this Agreement should be deemed as a solicitation or recommendation to buy or sell any securities or options.and
Appears in 1 contract
Sources: Bny Mellon Wealth Online Agreement
Market Data. 4.1 You hereby acknowledge and agree that for any market data or other information that Syfe or any of Syfe’s third party service provider (collectively referred as “the market data providers”) provide to you in connection with your use of our Platform, you agree that:
4.1.1 all market data is protected by copyright laws. You understand and agree that: (1) The acknowledge that the market data providers have a proprietary rights to all Market Data (e.g. last sales prices, bids, offers, industry classification information, performance interest in the market data and related information provided to you) belong to BNYMSC, its affiliates that originates on or derives from it or its third party markets. Syfe provides market data for your personal non-commercial use; you will not sell, market, retransmit, publish or redistribute it in any way, unless you have entered into appropriate written agreements with the relevant market data providers;
4.1.2 the terms of conditions of market data owners will apply to you where required;
4.1.3 Syfe and its market data providers (shall not be liable for the accuracy, completeness, timeliness or correct sequencing of the market data;
4.1.4 Syfe and its market data providers shall not be liable for any interruptions in the availability of market data or your access to market data;
4.1.5 the market data is provided “Data Disseminators”) (i.e.as is” and on an “as available” basis. There is no warranty of any kind, express or implied, regarding the various securities markets market data;
4.1.6 the market data does not constitute financial advice and Syfe is therefore not acting as a financial or investment adviser when it provides you with market data;
4.1.7 Syfe and its market data providers are not responsible or liable for any actions that you take or do not take based on such as the NYSEdata or information;
4.1.8 Syfe is not responsible for, American Stock Exchange and NASDAQ and other entities that makeyou agree not to hold liable Syfe or its market data providers for, lost profits, trading losses, or assist other damages resulting from inaccurate, defective, or unavailable market data;
4.1.9 in makingany case, Market Data available Syfe’s liability arising from any legal claim (whether in contract, tort or otherwise) relating to you); the market data will not exceed the amount you have paid for the use of the Services or market data;
4.1.10 you will use such data or information solely for the purposes set out in this Agreement and in compliance with the Applicable Laws;
4.1.11 you will pay such market data fees and any applicable taxes (2if applicable) neither BNYMSC, its affiliates nor any Data Disseminator guarantees associated with your use of our Platform or use of market data as Syfe may reasonably charge from time to time;
4.1.12 you will notify us if you are not or are no longer a non-professional user for market data purposes;
4.1.13 Syfe may require you to comply with certain conditions in relation to your use of the timelines, sequence, accuracy or completeness of Market Data or other messages that the Data Disseminator market data;
4.1.14 Syfe may disseminate; (3) neither BNYMSC, any of its affiliates, nor any Data Disseminators shall have any liability require you to provide us with information in relation to you or to any other person for any loss your use or damage arising from inaccuraciesintended use of market data;
4.1.15 Syfe may, errorsat its discretion, omissions, delays, interruptions or non-performance, whether due to any negligent act or omission of any Data Disseminator or BNYMSC or any of its affiliates, any cause beyond their reasonable control, or otherwise; (4) neither BNYMSC, its affiliates nor any Data Disseminator may be held liable for any discontinuance on the provision of Market Data or for any change in the manner of distribution for any reason; (5) Market Data is made available for your own individual use and you are prohibited from furnishing it to any other person or entity; (6) BNYMSC may terminate remove your access to any or all Market Data, or any Data Disseminator may terminate your authorization to receive Market Data, market data at any time; (7) Data Disseminators are third party beneficiaries under this agreement and
4.1.16 Syfe may correct any execution reported to you that was based on inaccurate market data provided to Syfe by an exchange or market centre. There is no warranty of merchantability, no warranty of fitness for a particular purpose and are entitled to enforce this agreement by legal proceeding no warranty of non-infringement, and there is no other warranty of any kind, express or otherwise against you or any person that gains access to or uses Market Data other than as this Agreement contemplates. You shall pay implied, regarding the reasonable attorney's fees that any Data Disseminator may incur in so enforcing this agreement; and (8) nothing in this Agreement should be deemed as a solicitation or recommendation to buy or sell any securities or optionsmarket data.
Appears in 1 contract
Sources: Client Agreement
Market Data. tastytrade obtains market data from exchanges, markets, associations, electronic communications networks, and from other third-party providers that transmit market data (collectively, “Market Data Providers”). You acknowledge that the market data is provided “as is” and on an “as available” basis. There is no warranty of any kind, express or implied, regarding the market data. The market data is believed to be reliable, but neither tastytrade nor Market Data Providers can guarantee the accuracy, completeness, timeliness or correct sequencing of the market data. Therefore, you agree that tastytrade may correct any execution reported to you that was based on inaccurate market data, unbeknownst to tastytrade, provided to the Firm by Market Data Providers. You understand and that you are responsible for any corrected price or size of the execution of your order that reflects the actual execution of your order pursuant to the Exchange’s rules where your order was routed for execution. Furthermore, you agree that: (1) The proprietary rights to all not hold tastytrade or Market Data (e.g. last sales prices, bids, offers, industry classification information, performance Providers liable for interruptions in the availability of market data or your access to market data. You agree to hold harmless and related information provided to you) belong to BNYMSCindemnify tastytrade, its officers, directors, employees, agents and affiliates or its third party data providers (“Data Disseminators”) (i.e.and those officers, directors, employees, agents and affiliates of the various securities markets such as the NYSE, American Stock Exchange and NASDAQ and other entities that make, or assist in making, Market Data available to you); (2) neither BNYMSC, its affiliates nor any Data Disseminator guarantees the timelines, sequence, accuracy or completeness of Market Data or other messages that the Data Disseminator may disseminate; (3) neither BNYMSC, any of its affiliates, nor any Data Disseminators shall have Providers from any liability with respect to you interruptions in the availability of market data, your access to market data, lost profits, trading losses or to any other person for any loss damages resulting from inaccurate, defective or damage arising unavailable market data. To the extent a tribunal from inaccuracies, errors, omissions, delays, interruptions or non-performance, whether due to any negligent act or omission of any Data Disseminator or BNYMSC or any of its affiliates, any cause beyond their reasonable control, or otherwise; (4) neither BNYMSC, its affiliates nor any Data Disseminator may a component jurisdiction determines that tastytrade should be held liable for any discontinuance on such losses, you agree that tastytrade’s liability will not exceed the provision amount you paid for the receipt of the market data. You acknowledge that the Market Data Providers have a proprietary interest in their market data. You may not sell, market, repurpose or for redistribute the market data in any change in the manner way. You acknowledge that it is solely your responsibility to ensure your employment information and use of distribution for any reason; (5) Market Data market data on record is made available for your own individual use current and accurate at all times, and you are prohibited from furnishing it agree to any other person or entity; (6) BNYMSC may terminate pay all applicable fees charged to as result of you not properly disclosing your access employment information and use of market data as tastytrade reserves the right to any or all Market Data, or any Data Disseminator may terminate your authorization to receive Market Data, at any time; (7) Data Disseminators are third party beneficiaries under this agreement and are entitled to enforce this agreement by legal proceeding or otherwise against you or any person that gains access to or uses Market Data other than as this Agreement contemplates. You shall pay the reasonable attorney's fees that any Data Disseminator may incur in so enforcing this agreement; and (8) nothing in this Agreement should be deemed as a solicitation or recommendation to buy or sell any securities or optionsdo so.
Appears in 1 contract
Sources: Futures Customer Agreement