Common use of Risks; No Liability Clause in Contracts

Risks; No Liability. The Customer acknowledges that there may be latency between the time an order (or other Personal Information) is submitted from the API Products and the time such order or Personal Information is received by the Broker. Latency may also affect order modification and order cancellation requests. The time an order or a request is actually received by the Broker (including for execution) will be the official time, including for the purposes of routing the order to the market for execution. In addition, all orders submitted to the Broker are subject to order vetting by the Broker. Orders created and submitted through any API Products are not vetted until they are received by the Broker. It is possible that the Broker may reject an order placed through any API Products. The Broker cannot guarantee that any order will be accepted when such order is routed to the market for execution, and the Broker cannot guarantee that notifications and Personal Information provided to the Customer by the Broker will be successfully delivered to or displayed by any API Products. Without limiting the generality of any other terms in this Customer Agreement, the Customer agrees that: (1) The Broker or its Affiliates shall not be liable for any Losses realized for technical issues involving any API Products or API Licensee technology or product offerings (including system outages or downtime). (2) The Broker or its Affiliates shall not be responsible for any investment research provided by any API Licensee or any Licensee Products. (3) The Broker or its Affiliates makes no representations, warranties or other guarantees as to the accuracy, timeliness or efficacy of any market data, information, or other functionality made available by any API Licensee or any API Products.

Risks; No Liability. The Customer acknowledges that there may be latency between the time an order (or other Personal Information) is submitted from the API Products and the time such order or Personal Information is received by the Broker. Latency may also affect order modification and order cancellation requests. The time an order or a request is actually received by the Broker (including for execution) will be the official time, including for the purposes of routing the order to the market for execution. In addition, all orders submitted to the Broker are subject to order vetting by the Broker. Orders created and submitted through any API Products are not vetted until they are received by the Broker. It is possible that the Broker may reject an order placed through any API Products. The Broker cannot guarantee that any order will be accepted when such order is routed to the market for execution, and the Broker cannot guarantee that notifications and Personal Information provided to the Customer by the Broker will be successfully delivered to or displayed by any API Products. Without limiting the generality of any other terms in this Customer Agreement, the Customer agrees that: (1) The Broker or its Affiliates shall not be liable for any Losses realized for technical issues involving any API Products or API Licensee or Vendor technology or product offerings (including system outages or downtime). (2) The Broker or its Affiliates shall not be responsible for any investment research provided by any API Licensee or Vendor, or any Licensee API Products. (3) The Broker or its Affiliates makes no representations, warranties or other guarantees as to the accuracy, timeliness or efficacy of any market data, information, or other functionality made available by any API Licensee or Vendor or any API Products.