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 acknowledge that the market data providers have a proprietary interest in the market data that originates on or derives from it or its 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 xxxxx://xxx.xxxx.xxx/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 “as is” and on an “as available” basis. There is no warranty of any kind, express or implied, regarding the 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 data or information; 4.1.8 Syfe is not responsible for, and you agree not to hold liable Syfe or its market data providers for, lost profits, trading losses, or other damages resulting from inaccurate, defective, or unavailable market data; 4.1.9 in any case, Syfe’s liability arising from any legal claim (whether in contract, tort or otherwise) relating to 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 (if applicable) 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 market data; 4.1.14 Syfe may require you to provide us with information in relation to you or your use or intended use of market data; 4.1.15 Syfe may, at its discretion, remove your access to market data at any time; 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.
Appears in 2 contracts
Samples: Client Agreement, Client Agreement
Market Data. 4.1 You hereby acknowledge 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 market data loss or other information that Syfe 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 Syfe’s third party service provider its affiliates, any cause beyond their reasonable control, or otherwise; (collectively referred as “4) neither BNYMSC, its affiliates nor any Data Disseminator may be held liable for any discontinuance on the market data providers”) provide to you in connection with your use provision of our Platform, you agree that:
4.1.1 all market data is protected by copyright laws. You understand and acknowledge that the market data providers have a proprietary interest Market Data or for any change in the market data that originates on or derives from it or its markets. Syfe provides market data manner of distribution for any reason; (5) Market Data is made available 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 xxxxx://xxx.xxxx.xxx/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, own individual use and you are expected prohibited from furnishing it 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 other person 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 entity; (6) BNYMSC may terminate your access to market data;
4.1.5 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;
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 data or information;
4.1.8 Syfe is not responsible for, and you agree not to hold liable Syfe or its market data providers for, lost profits, trading lossesall Market Data, or other damages resulting from inaccurateany Data Disseminator may terminate your authorization to receive Market Data, defective, or unavailable market data;
4.1.9 in any case, Syfe’s liability arising from any legal claim (whether in contract, tort or otherwise) relating to 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 (if applicable) 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 market data;
4.1.14 Syfe may require you to provide us with information in relation to you or your use or intended use of market data;
4.1.15 Syfe may, at its discretion, remove your access to market data at any time; and
4.1.16 Syfe (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 correct 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 execution reported to you that was based on inaccurate market data provided to Syfe by an exchange securities or market centreoptions.
Appears in 2 contracts
Samples: Bny Mellon Wealth Online Agreement, Bny Mellon Wealth Online Agreement
Market Data. 4.1 You hereby acknowledge understand and agree that: (1) The proprietary rights to all market data contained in this web site (e.g. last sales prices, bids offers, industry classification information, performance data and related information provided to You) (“Market Data”) belong to 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): (2) neither BNY Mellon, 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 BNY Mellon, any of its affiliates, nor any Data Disseminators shall have any liability to you or to any other person for any market data loss or other information that Syfe damage arising from inaccuracies, errors, omissions, delays, interruptions or non-performance, whether due to any negligent act or omission of any Data Disseminator or BNY Mellon or any of Syfe’s third party service provider its affiliates, any cause beyond their reasonable control, or otherwise; (collectively referred as “the market data providers”4) provide to you in connection with your use of our Platformneither BNY Mellon, you agree that:
4.1.1 all market data is protected by copyright laws. You understand and acknowledge that the market data providers have a proprietary interest in the market data that originates on or derives from it or its markets. Syfe provides market data for your personal non-commercial use; you will not sell, market, retransmit, publish or redistribute it in affiliates nor 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 Data Disseminator may be found at xxxxx://xxx.xxxx.xxx/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 held liable for any interruptions discontinuance on the provision of Market Data nor for any change in the availability manner of market 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 your entity; (6) BNY Mellon may terminate Your access to market data;
4.1.5 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;
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 data or information;
4.1.8 Syfe is not responsible for, and you agree not to hold liable Syfe or its market data providers for, lost profits, trading lossesall Market Data, or other damages resulting from inaccurateany Data Disseminator may terminate your authorization to receive Market Data, defective, or unavailable market data;
4.1.9 in any case, Syfe’s liability arising from any legal claim (whether in contract, tort or otherwise) relating to 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 (if applicable) 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 market data;
4.1.14 Syfe may require you to provide us with information in relation to you or your use or intended use of market data;
4.1.15 Syfe may, at its discretion, remove your access to market data at any time; and
4.1.16 Syfe (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 correct 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 execution reported to you that was based on inaccurate market data provided to Syfe by an exchange securities or market centreoptions.
Appears in 2 contracts
Samples: Bny Mellon Wealth Online Agreement, Bny Mellon Wealth Online Agreement
Market Data. 4.1 You 3.1 Client hereby acknowledge represents and agree warrants to CFI Seychelles that:
3.1.1 It has entered into all necessary license and other agreements or arrangements with all third-party providers relating to use, display and/or redistribution, as applicable, of the Market Data, and agrees that it shall maintain all such licenses, agreements and arrangements in full force and ettect for so long as it receives the Market Data pursuant to this Agreement.
3.1.2 Client shall use the Market Data for its own purposes as a CFI Seychelles client and shall use it in a Closed Environment and may not display the Market Data to any market data third party (for example its clients) and it shall use it as a client for its trading purposes only;
3.2 Client shall keep complete, accurate and up-to-date records relating to its use of the Market Data, in compliance with this Agreement. Client shall report to CFI Seychelles any information it requires with regards to the use of Market Data. CFI Seychelles shall have the right to audit Client’s records to ensure compliance with all applicable third party provider terms and conditions, laws, rules and regulations and the terms of this Agreement, and Client agrees to promptly fulfil all requests from CFI Seychelles regarding such matters.
3.3 Client acknowledges and agrees that CFI Seychelles shall report Client as a professional user to each entity providing Market Data to which Client has access, and Client shall pay CFI Seychelles all fees and expenses imposed with respect thereto. To the extent Client’s actual usage of Market Data at any time exceeds the authorization specified hereunder, CFI Seychelles reserves the right to impose, and Client hereby agrees to pay, CFI Seychelles’s prevailing charges corresponding to Client’s actual usage of Market Data. Any violation of these provisions may be deemed by CFI Seychelles to be a material breach of the terms of this Agreement.
3.4 Client acknowledges and agrees that CFI Seychelles has not granted Client the right to use (except for the performance of this Agreement), sub-license, or to permit any Person to further disseminate, distribute, publish, display or otherwise disclose all or any portion of the Market Data.
3.5 CFI Seychelles reserves the right in its absolute discretion to take any or all of the following actions (a) introduce, in addition to the existing Market Data, the prices of any new traded instruments, (b) withdraw from the Market Data the prices of any traded instrument that ceases trading, and (c) add or remove any other prices from the Market Data made available to Client as CFI Seychelles considers appropriate.
3.6 In the event Client fails to obtain any required license or enter into any agreement or other information that Syfe arrangement, with third- party providers as contemplated above, or fails to meet any reporting requirement of CFI Seychelles or any third-party providers with regard to Client’s use or access to Market Data, CFI Seychelles shall be entitled, in its sole discretion, to take any or all of the following actions:
(a) Immediately terminate this Agreement and Client’s access to the Market Data, CFI Seychelles API and theTrading Service.
(b) Continue to provide the portions of the licenses services which are not subject to any separate licenses, agreements or arrangements with such third-party providers.
(c) Set off any amount due from CFI Seychelles to any third-party provider as a result of Client’s use, dissemination, distribution, publication, display or other disclosure of Market Data against any amounts due and payable to Client under any other agreement to which CFI Seychelles, Client, or any of Syfetheir respective affiliates are party, or
(d) Invoice Client any amount due and payable from CFI Seychelles to any third-party provider as a result of Client’s use, dissemination, distribution, publication, display or other disclosure of Market Data.
3.7 Client shall indemnify and hold CFI Seychelles harmless of any costs, consequences and/or penalties imposed on CFI Seychelles by any 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 acknowledge that the market data providers have a proprietary interest in the market data that originates on or derives from it or its 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 xxxxx://xxx.xxxx.xxx/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 “as is” and on an “as available” basis. There is no warranty of any kind, express or implied, regarding the 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 data or information;
4.1.8 Syfe is not responsible for, and you agree not to hold liable Syfe or its market data providers for, lost profits, trading losses, or other damages resulting from inaccurate, defective, or unavailable market data;
4.1.9 in any case, Syfe’s liability arising from any legal claim (whether in contract, tort or otherwise) relating to 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 Market Data. It shall pay these to CFI Seychelles promptly upon its request and in compliance hereby authorizes CFI Seychelles to deduct these from its account with the Applicable Laws;
4.1.11 you will pay such market data fees and any applicable taxes (if applicable) 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 market data;
4.1.14 Syfe may require you to provide us with information in relation to you or your use or intended use of market data;
4.1.15 Syfe may, at its discretion, remove your access to market data at any time; 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 centreCFI Seychelles.
Appears in 2 contracts
Samples: Api Agreement, Api Agreement
Market Data. 4.1 You hereby acknowledge and agree that for any dough obtains market data or from exchanges, markets, associations, electronic communications networks, and from other information third-party providers that Syfe or any of Syfe’s third party service provider (collectively referred as “the transmit market data providers(collectively, “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 acknowledge that the market data providers have a proprietary interest in the market data that originates on or derives from it or its 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 xxxxx://xxx.xxxx.xxx/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 “as is” and on an “as available” basis. There is no warranty of any kind, express or implied, regarding the market data;
4.1.6 the . 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 believed to be reliable, but neither dough nor Market Data Providers can guarantee the accuracy, completeness, timeliness or liable for any actions that you take or do not take based on such data or information;
4.1.8 Syfe is not responsible for, and you agree not to hold liable Syfe or its market data providers for, lost profits, trading losses, or other damages resulting from inaccurate, defective, or unavailable market data;
4.1.9 in any case, Syfe’s liability arising from any legal claim (whether in contract, tort or otherwise) relating to 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 (if applicable) 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 correct sequencing of the market data;
4.1.14 Syfe may require . Therefore, you to provide us with information in relation to you or your use or intended use of market data;
4.1.15 Syfe may, at its discretion, remove your access to market data at any time; and
4.1.16 Syfe agree that dough may correct any execution reported to you that was based on inaccurate market data data, unbeknownst to dough, provided to Syfe the Firm by an exchange Market Data Providers. You understand 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 to not hold dough or Market Data Providers liable for interruptions in the availability of market centredata or your access to market data. You agree to hold harmless and indemnify dough, its officers, directors, employees, agents and affiliates and those officers, directors, employees, agents and affiliates of the Market Data Providers from any liability with respect to interruptions in the availability of market data, your access to market data, lost profits, trading losses or any other damages resulting from inaccurate, defective or unavailable market data. To the extent a tribunal from of component jurisdiction determines that dough should be held liable for any such losses, you agree that dough’ liability will not exceed the 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 redistribute the market data in any way. You acknowledge that it is solely your responsibility to ensure your employment information and use of market data on record is current and accurate at all times, and you agree to pay all applicable fees charged to as result of you not properly disclosing your employment information and use of market data as dough reserves the right to do so.
Appears in 1 contract
Samples: Futures Customer Agreement
Market Data. 4.1 You hereby acknowledge and agree that for any Integrated Investment Research obtains market data or from exchanges, markets, associations, electronic communications networks, and from other information Third-Party Providers that Syfe or any of Syfe’s third party service provider (collectively referred as “the transmit market data providers(collectively, “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 acknowledge that the market data providers have a proprietary interest in the market data that originates on or derives from it or its 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 xxxxx://xxx.xxxx.xxx/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 “as is” and on an “as available” basis. There is no warranty of any kind, express or implied, regarding the market data;
4.1.6 the . 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 believed to be reliable, but neither Integrated Investment Research nor Market Data Providers can guarantee the accuracy, completeness, timeliness or liable for any actions that you take or do not take based on such data or information;
4.1.8 Syfe is not responsible for, and you agree not to hold liable Syfe or its market data providers for, lost profits, trading losses, or other damages resulting from inaccurate, defective, or unavailable market data;
4.1.9 in any case, Syfe’s liability arising from any legal claim (whether in contract, tort or otherwise) relating to 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 (if applicable) 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 correct sequencing of the market data;
4.1.14 Syfe may require . Therefore, you to provide us with information in relation to you or your use or intended use of market data;
4.1.15 Syfe may, at its discretion, remove your access to market data at any time; and
4.1.16 Syfe agree that Integrated Investment Research may correct any execution reported to you that was based on inaccurate market data data, unbeknownst to Integrated Investment Research, provided to Syfe the Firm by an exchange Market Data Providers. You understand 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 to not hold Integrated Investment Research or Market Data Providers liable for interruptions in the availability of market centredata or your access to market data. You agree to hold harmless and indemnify Integrated Investment Research, its officers, directors, employees, agents and affiliates and those officers, directors, employees, agents and affiliates of the Market Data Providers from any liability with respect to interruptions in the availability of market data, your access to market data, lost profits, trading losses or any other damages resulting from inaccurate, defective or unavailable market data. To the extent a tribunal from of component jurisdiction determines that Integrated Investment Research should be held liable for any such losses, you agree that Integrated Investment Research’ liability will not exceed the 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 redistribute the market data in any way. You acknowledge that it is solely your responsibility to ensure your employment information and use of market data on record is current and accurate at all times, and you agree to pay all applicable fees charged to as result of you not properly disclosing your employment information and use of market data as tastyworks reserves the right to do so.
Appears in 1 contract
Samples: Integrated Investment Research Terms and Conditions
Market Data. 4.1 You hereby acknowledge 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 timeliness, sequence, accuracy or completeness of Market Data or other messages that the Data Disseminatormay 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 market data loss or other information that Syfe damage arising from inaccuracies, errors, omissions, delays, interruptions or non-performance, whether due toany negligent act or omission of any Data Disseminator or BNYMSC or any of Syfe’s third party service provider its affiliates, any cause beyond their reasonable control,or otherwise; (collectively referred as “4) neither BNYMSC, its affiliates nor any Data Disseminator may be held liable for any discontinuance on the market data providers”) provide to you in connection with your use provision of our Platform, you agree that:
4.1.1 all market data is protected by copyright laws. You understand and acknowledge that the market data providers have a proprietary interest Market Data or for any change in the market data that originates on or derives from it or its markets. Syfe provides market data manner of distribution for any reason; (5) Market Data is made available 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 xxxxx://xxx.xxxx.xxx/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, own individual use and you are expected prohibited from furnishing it 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 other person 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 entity; (6) BNYMSC may terminate your access to market data;
4.1.5 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;
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 data or information;
4.1.8 Syfe is not responsible for, and you agree not to hold liable Syfe or its market data providers for, lost profits, trading lossesall Market Data, or other damages resulting from inaccurateany Data Disseminator may terminate your authorization to receive Market Data, defective, or unavailable market data;
4.1.9 in any case, Syfe’s liability arising from any legal claim (whether in contract, tort or otherwise) relating to 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 (if applicable) 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 market data;
4.1.14 Syfe may require you to provide us with information in relation to you or your use or intended use of market data;
4.1.15 Syfe may, at its discretion, remove your access to market data at any time; and
4.1.16 Syfe (7) Data Disseminators are third party beneficiaries under this agreement and are entitled to enforce this agreement by legal proceeding or otherwiseagainst 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 correct 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 execution reported to you that was based on inaccurate market data provided to Syfe by an exchange securities or market centreoptions.
Appears in 1 contract
Samples: Bny Mellon Wealth Online Agreement
Market Data. 4.1 You hereby acknowledge We and agree that any provider of Market Data are not liable: if the Market Data is inaccurate or incomplete in any respect; If the Market Data is delayed for any market data reason; or other information that Syfe for any actions you take 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 lawsdo not take. You understand will use Market Data solely as part of Online Systems and acknowledge that the market data providers have a proprietary interest in the market data that originates on or derives from it or its markets. Syfe provides market data for your personal non-commercial use; you will not sellredistribute or disclose it, market, retransmit, publish save as required under Applicable Regulations. Market Data is confidential and it is the intellectual property of us 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 xxxxx://xxx.xxxx.xxx/au/legal?rp=ls (or as may be amended from time to timeour licensor(s). We may revise collect trade-related data and aggregate it with data of other users such that no user can be readily identified. We shall own all rights in that aggregated data; you will pay any agreed market data fees and any applicable Taxes. We reserve the right to take any or replace all of the terms following actions: introduce new instruments to the Market Data; remove any instruments from the Market Data; add or remove prices from the Market Data; otherwise vary the Market Data; charge you for provision of Market Data; and conditions at cease provision of all or any timeMarket Data. The Market Data is provided to you “as is“. You are responsible for all decisions you take to place (or refrain from placing) trades and Orders. It is up to you to decide to what extent (if any) you should rely on the Market Data in making such decisions. To the maximum legal extent allowed by applicable law, all warranties and representations in relation to the Market Data are hereby disclaimed and excluded. Neither we nor our third party service providers will be liable for, and you are expected agree not to check the website from time hold or seek to time to take notice of any changes madehold us or our officers, 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 directors, employees, agents or third party service 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 inaccurate or your access to market data;
4.1.5 the market data is provided “as is” and on an “as available” basis. There is no warranty of any kindincomplete information, express or implied, regarding the 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 data the Market Data. In no event will we be liable to you for any direct or information;
4.1.8 Syfe is not responsible forindirect loss, and you agree not to hold liable Syfe cost, injury or its market data providers for, lost damages (including loss of profits, trading lossespunitive, consequential, special or other similar damages resulting from inaccurate, defective, or unavailable market data;
4.1.9 in any case, Syfe’s liability arising from any legal claim (even if advised of the possibility of such damage) whether in contract, tort (including breach of statutory duty or otherwise) relating to the market data will not exceed the amount you have paid for the use negligence), strict liability, or otherwise arising out of the Services or market data;
4.1.10 you will use such data caused in whole 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 (if applicable) associated with part by 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 reliance on the Market Data. 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 market data;
4.1.14 Syfe may require you to provide us with information in relation to you or your use or intended use of market data;
4.1.15 Syfe may, at its discretion, remove your access to market data at any time; 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.permitted to:
Appears in 1 contract
Samples: Standard Terms of Business
Market Data. 4.1 You hereby acknowledge understand and agree that: (1) The proprietary rights to all market data contained in this web site (e.g. last sales prices, bids of- fers, industry classification information, performance data and related information provided to You) (“Market Data”) belong to 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): (2) neither BNY Mellon, its af- filiates nor any Data Disseminator guarantees the timeliness, sequence, accuracy or completeness of Market Data or other messages that the Data Disseminator may disseminate; (3) Neither BNY Mellon, any of its affiliates, nor any Data Disseminators shall have any liability to you or to any other person for any market data loss or other information that Syfe damage arising from inaccuracies, errors, omissions, delays, interruptions or non- performance, whether due to any negligent act or omission of any Data Disseminator or BNY Mellon or any of Syfe’s third party service provider its affiliates, any cause beyond their reasonable control, or otherwise; (collectively referred as “the market data providers”4) provide to you in connection with your use of our Platformneither BNY Mellon, you agree that:
4.1.1 all market data is protected by copyright laws. You understand and acknowledge that the market data providers have a proprietary interest in the market data that originates on or derives from it or its markets. Syfe provides market data for your personal non-commercial use; you will not sell, market, retransmit, publish or redistribute it in affiliates nor 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 Data Disseminator may be found at xxxxx://xxx.xxxx.xxx/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 held liable for any interruptions discontinuance on the provision of Market Data nor for any change in the availability manner of market 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 your entity; (6) BNY Mellon may terminate Your access to market data;
4.1.5 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;
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 data or information;
4.1.8 Syfe is not responsible for, and you agree not to hold liable Syfe or its market data providers for, lost profits, trading lossesall Market Data, or other damages resulting from inaccurateany Data Disseminator may terminate your authorization to receive Market Data, defective, or unavailable market data;
4.1.9 in any case, Syfe’s liability arising from any legal claim (whether in contract, tort or otherwise) relating to 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 (if applicable) 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 market data;
4.1.14 Syfe may require you to provide us with information in relation to you or your use or intended use of market data;
4.1.15 Syfe may, at its discretion, remove your access to 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
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.
Appears in 1 contract
Samples: 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 acknowledge that the market data providers have a proprietary interest in the market data that originates on or derives from it or its 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 of conditions of 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 xxxxx://xxx.xxxx.xxx/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 termsrequired;
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 “as is” and on an “as available” basis. There is no warranty of any kind, express or implied, regarding the 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 data or information;
4.1.8 Syfe is not responsible for, and you agree not to hold liable Syfe or its market data providers for, lost profits, trading losses, or other damages resulting from inaccurate, defective, or unavailable market data;
4.1.9 in any case, Syfe’s liability arising from any legal claim (whether in contract, tort or otherwise) relating to 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 (if applicable) 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 market data;
4.1.14 Syfe may require you to provide us with information in relation to you or your use or intended use of market data;
4.1.15 Syfe may, at its discretion, remove your access to market data at any time; 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 no warranty of non-infringement, and there is no other warranty of any kind, express or implied, regarding the market data.
Appears in 1 contract
Samples: Client Agreement
Market Data. 4.1 You hereby acknowledge understand and agree that: (1) The proprietary rights to all Market Data (e.g. last sales prices, bids, offers, industry classifica- tion 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 Dissemi- nator guarantees the timeliness, sequence, accuracy or completeness of Market Data or other messages that the Data Dissemina- tor 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 market data loss or other information that Syfe 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 Syfe’s 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 service provider 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 (collectively referred 8) nothing in this Agreement should be deemed as “a solicitation or recommendation to buy or sell any securities or options. You agree to the market data providers”) provide following terms with respect to you in connection with your use of our Platformonline communications, such as e-mails, via Online Services: you agree that:
4.1.1 all market data is protected will not transmit orders using online communications except through those online features designated by copyright laws. You understand and acknowledge that the market data providers have a proprietary interest in the market data that originates on or derives from it or its markets. Syfe provides market data BNYMSC for your personal non-commercial useplacing orders; you will not sell, market, retransmit, publish or redistribute it in use any way, unless you have entered into appropriate written agreements with online communication feature of 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 Online Services for purposes that may be found at xxxxx://xxx.xxxx.xxx/au/legal?rp=ls (unlawful, libelous, defamatory, obscene or as may be amended from time threatening; you will not post, reproduce or distribute any information, software or other materials protected by copy- right or other intellectual property rights without first obtaining the permission of the owner of such rights; you agree to time). We may revise or replace the terms and conditions at any timeprovide BNYMSC with your e- mail address, and you are expected to check the website from time to time to take notice of promptly notify BNYMSC with any changes made, as they are binding on you. Your continued access and/or use of to your e-mail address and accept online com- munications from BNYMSC at 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 “as is” and on an “as available” basis. There is no warranty of any kind, express or implied, regarding the 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 data or information;
4.1.8 Syfe is not responsible for, indicated e-mail address; and you agree to be bound by any consent or agreement you transmit through the Online Services, including but not limited to, any consent or agreement you give to hold liable Syfe receive communications from BNYM- SC solely through online means. You acknowledge that when you continue to use this site, with your keystroke or its market data providers forother computer device, lost profitsyour consent or agreement will be legally binding and enforceable. BNYMSC is a registered broker-dealer and a member of the Financial Industry Regulatory Authority (FINRA), trading lossesand the Securities In- vestor Protection Corporation (SIPC). BNYMSC is a subsidiary of The Bank of New York Mellon Corporation. Accounts are introduced by BNYMSC to Pershing LLC, which is an affiliate of BNYMSC. rev. July 2022 WHAT DOES BNY MELLON DO WITH YOUR PERSONAL INFORMATION? FACTS Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. The types of personal information we collect and share depend on the product or service you have with us. This information can include: ▪ Social Security number ▪ Account balances ▪ Assets ▪ Credit history ▪ Income ▪ Transaction history All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons BNY Mellon chooses to share; and whether you can limit this sharing. Reasons we can share your personal information Does BNY Mellon share? Can you limit this sharing? For our everyday business purposes— such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus Yes No For our marketing purposes— to offer our products and services to you Yes No For joint marketing with other damages resulting from inaccuratefinancial companies No We don’t share For our affiliates’ everyday business purposes— information about your transactions and experiences Yes No For our affiliates’ everyday business purposes— information about your creditworthiness No We don’t share For our affiliates to market to you Yes Yes For nonaffiliates to market to you No We don’t share When you call, defective, or unavailable market data;
4.1.9 in any case, Syfe’s liability arising from any legal claim (whether in contract, tort or otherwise) relating to 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 need to provide: • The last 4 digits of your Social Security number • Your zip code • The first 5 letters of your last name (Provide all letters if applicable) 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 market data;
4.1.14 Syfe may require you to provide us with information in relation to you or your use or intended use of market data;
4.1.15 Syfe may, at its discretion, remove your access to market data at any time; 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 centrename is less than 5 letters.)
Appears in 1 contract
Samples: Bny Mellon Wealth Online Agreement
Market Data. 4.1 You hereby acknowledge understand and agree that: (1) The proprietary rights to all market data contained in this web site (e.g. last sales prices, bids offers, industry classification information, performance data and related information provided to You) (“Market Data”) belong to 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): (2) neither BNY Mellon, its affiliates nor any Data Disseminator guarantees the timeliness, sequence, accuracy or completeness of Market Data or other messagesthat the Data Disseminator may disseminate; (3) Neither BNY Mellon, any of its affiliates, nor any Data Disseminators shall have any liability to you or to any other person for any market data loss or other information that Syfe damage arising from inaccuracies, errors, omissions, delays, interruptions or non- performance, whether due to any negligent act or omission of any Data Disseminator or BNY Mellon or any of Syfe’s third party service provider its affiliates, any cause beyond their reasonable control, or otherwise; (collectively referred as “the market data providers”4) provide to you in connection with your use of our Platformneither BNY Mellon, you agree that:
4.1.1 all market data is protected by copyright laws. You understand and acknowledge that the market data providers have a proprietary interest in the market data that originates on or derives from it or its markets. Syfe provides market data for your personal non-commercial use; you will not sell, market, retransmit, publish or redistribute it in affiliates nor 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 Data Disseminator may be found at xxxxx://xxx.xxxx.xxx/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 held liable for any interruptions discontinuance on the provision of Market Data nor for any change in the availability manner of market distribution for any reason; (5) Market data ismade available for Your own individual use and You are prohibited from furnishing it to any other person or your entity; (6) BNY Mellon may terminate Your access to market data;
4.1.5 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;
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 data or information;
4.1.8 Syfe is not responsible for, and you agree not to hold liable Syfe or its market data providers for, lost profits, trading lossesall Market Data, or other damages resulting from inaccurateany Data Disseminator may terminate your authorization to receive Market Data, defective, or unavailable market data;
4.1.9 in any case, Syfe’s liability arising from any legal claim (whether in contract, tort or otherwise) relating to 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 (if applicable) 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 market data;
4.1.14 Syfe may require you to provide us with information in relation to you or your use or intended use of market data;
4.1.15 Syfe may, at its discretion, remove your access to 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
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.
Appears in 1 contract
Samples: Bny Mellon Wealth Online Agreement