Waiver; Limitation of Liability; Indemnification. Online trading has inherent risk due to system response and access times that may vary due to market conditions, system performance, and other factors. You agree that your use of Firstrade Securities Inc.'s Electronic Services (website or mobile app or any other services) at your sole risk. The services are provided “as is” and “as available”. Neither Firstrade, employee nor any third party providers make any representations nor warranties express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose in respect of any services provided in connection with this account, or any information programs or products obtained from, through, or in connection with these services. In no event will Firstrade or any third party be liable for direct, indirect, incidental, or consequential damages resulting from any defect in or use of these services. You understand that to effect securities transactions will be limited in all respects to the terms and conditions of this agreement and any other agreement between you and Firstrade Securities Inc. Firstrade Securities Inc. will have no liability to you with respect to any transaction or attempted transaction by you which is not in accordance with the terms and conditions specified herein or in such other agreement and you will indemnify Firstrade Securities Inc. from any claim of a third party related to any such transaction or related transaction. YOU UNDERSTAND AND AGREE THAT FIRSTRADE, ITS RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, AND PROVIDERS WILL NOT BE LIABLE TO YOU OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, TRADING LOSSES, AND DAMAGES) THAT YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SERVICE PROVIDED BY FIRSTRADE UNDER THIS AGREEMENT, INCLUDING YOUR USE OF THE APP, THE WEBSITE, THE MARKET DATA, THE INFORMATION, OR THE CONTENT. FIRSTRADE, AND ITS RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF OUR SYSTEM, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONS. You also agree that Firstrade, its respective officers, directors and employees (collectively, “Indemnified Parties”) will have no responsibility or liability to you in connection with the performance or non-performance by any exchange, clearing organization, market data provider, or other third party (including other broker-dealers and clearing firms, and banks) or any of their respective agents or affiliates, of its or their obligations relative to any securities. You agree that Indemnified Parties will have no liability, to you or to third parties, or responsibility whatsoever for:
Appears in 7 contracts
Samples: Electronic Services Agreement, Electronic Services Agreement, Electronic Services Agreement
Waiver; Limitation of Liability; Indemnification. Online trading has inherent risk due to system response and access times The Customer agrees that may vary due to market conditions, system performance, and other factors. You agree that your the Customer’s use of Firstrade Securities Inc.'s Electronic Services (website the App or mobile app the Website or any other services) service provided by FTX or its Affiliates is at your the Customer’s sole risk. The services are FTX’s service (including the App, the Website, the provision of Market Data, Information, Content, or any other information provided by FTX, any of its Affiliates, or any third-party content provider or market data provider) is provided on an “as is,” and “as available”. Neither Firstrade” basis without warranties of any kind, employee nor any third party providers make any representations nor warranties either express or implied, including, statutory (including without limitation, any timeliness, truthfulness, sequence, completeness, accuracy, freedom from interruption), implied warranties arising from trade usage, course of dealing, course of performance, or the implied warranties of merchantability or fitness for a particular purpose in respect or application, other than those warranties which are implied by and incapable of any services provided in connection with exclusion, restriction or modification under the laws applicable to this accountCustomer Agreement. THE CUSTOMER UNDERSTANDS AND AGREES THAT FTX, or any information programs or products obtained from, through, or in connection with these services. In no event will Firstrade or any third party be liable for direct, indirect, incidental, or consequential damages resulting from any defect in or use of these services. You understand that to effect securities transactions will be limited in all respects to the terms and conditions of this agreement and any other agreement between you and Firstrade Securities Inc. Firstrade Securities Inc. will have no liability to you with respect to any transaction or attempted transaction by you which is not in accordance with the terms and conditions specified herein or in such other agreement and you will indemnify Firstrade Securities Inc. from any claim of a third party related to any such transaction or related transaction. YOU UNDERSTAND AND AGREE THAT FIRSTRADEITS AFFILIATES, ITS RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, AND THE PROVIDERS WILL NOT BE LIABLE TO YOU THE CUSTOMER OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, TRADING LOSSES, AND DAMAGES) THAT YOU THE CUSTOMER MAY INCUR IN CONNECTION WITH YOUR THE CUSTOMER’S USE OF THE SERVICE PROVIDED BY FIRSTRADE FTX UNDER THIS CUSTOMER AGREEMENT, INCLUDING YOUR THE CUSTOMER’S USE OF THE APP, THE WEBSITE, THE MARKET DATA, THE INFORMATION, OR THE CONTENT. FIRSTRADEFTX, FTX AFFILIATES, AND ITS FTX’S OR FTX AFFILIATES’ RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF OUR FTX’S SYSTEM, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONS. You also agree that FirstradeExcept as otherwise provided by law, FTX or any of its affiliates or respective partners, officers, directors and directors, employees or agents (collectively, “Indemnified Parties”) shall not be liable for any expenses, losses, costs, damages, liabilities, demands, debts, obligations, penalties, charges, claims, causes of action, penalties, fines and taxes of any kind or nature (including legal expenses and attorneys’ fees) (whether known or unknown, absolute or contingent, liquidated or unliquidated, direct or indirect, due or to become due, accrued or not accrued, asserted or unasserted, related or not related to a third party claim, or otherwise) (collectively, “Losses”) by or with respect to any matters pertaining to the Customer Account, except to the extent that such Losses are actual Lossesand are determined by a court of competent jurisdiction or an arbitration panel in a final non- appealable judgment or order to have resulted solely from FTX’s or any of its affiliates’ gross negligence or intentional misconduct. In addition, the Customer agrees that the Indemnified Parties shall have no liability for, and the Customer agrees to indemnify, defend and hold harmless the Indemnified Parties from all Losses that result from: (i) any noncompliance by the Customer with any of the terms and conditions of this Customer Agreement; (ii) any third-party actions related to the Customer’s receipt and use of any Information, Market Data, Content, market analysis, other third-party content, or other such information obtained on the App or Website, whether authorized or unauthorized under this Customer Agreement; (iii) any third-party actions related to the Customer’s use of the App or the Website; (iv) the Customer or the Customer’ agent’s misrepresentation or alleged misrepresentation, or act or omission; (v) Indemnified Parties following the Customer or the Customer’s agent’s directions or instructions, or failing to follow the Customer or the Customer’s agent’s unlawful or unreasonable directions or instructions; (vi) any activities or services of the Indemnified Parties in connection with the Customer Account (including any technology services, reporting, trading, research or capital introduction services); or (vii) the failure by any person not controlled by the Indemnified Parties and their affiliates to perform any obligations to the Customer. Further, if the Customer authorizes or allows third parties to gain access to FTX’s services, including the Customer’s Accounts, the Customer will indemnify, defend and hold harmless FTX, its Affiliates, and FTX and its Affiliates’ respective officers and employees against any Losses arising out of claims or suits by such third parties based upon or relating to such access and use. FTX does not warrant against loss of use or any direct, indirect or consequential damages or Losses to the Customer caused by the Customer’s assent, expressed or implied, to a third party accessing the Customer Account or information, including access provided through any other third party systems or sites. The Customer also agrees that Indemnified Parties will have no responsibility or liability to you the Customer in connection with the performance or non-performance by any exchange, clearing organization, market data provider, or other third party (including other broker-dealers and clearing firms, and banks) or any of their respective agents or affiliates, of its or their obligations relative to any securities. You agree The Customer agrees that Indemnified Parties will have no liability, to you the Customer or to third parties, or responsibility whatsoever for:: (i) any Losses resulting from a cause over which Indemnified Parties do not have direct control, including the failure of mechanical equipment, unauthorized access, theft, operator errors, government restrictions, force majeure (as defined in this Customer Agreement), market data availability or quality, exchange rulings or suspension of trading; and (ii) any special, indirect, incidental, consequential, punitive or exemplary damages (including lost profits, trading losses and damages) that the Customer may incur in connection with the Customer’s use of the App, the Website, and other services provided by Indemnified Parties under this Customer Agreement. Further, if the Customer authorizes or allows third parties to gain access to FTX’s services, including the Customer Accounts, the Customer will indemnify, defend and hold harmless FTX, its affiliates, and FTX and its affiliates’ respective officers and employees against any Losses arising out of claims or suits by such third parties based upon or relating to such access and use.
Appears in 6 contracts
Samples: Capital Markets LLC Customer Agreement, Capital Markets LLC Customer Agreement, Capital Markets LLC Customer Agreement
Waiver; Limitation of Liability; Indemnification. Online trading has inherent risk due to system response and access times The Customer agrees that may vary due to market conditions, system performance, and other factors. You agree that your the Customer’s use of Firstrade Securities Inc.'s Electronic Services (website or mobile app the Website or any other services) service provided by the Broker or its Affiliates is at your the Customer’s sole risk. The services are Broker’s service (including the Website, the provision of Market Data, Information, Content, or any other information provided by the Broker, any of its Affiliates, or any third-party content provider or market data provider) is provided on an “as is,” and “as available”. Neither Firstrade” basis without warranties of any kind, employee nor any third party providers make any representations nor warranties either express or implied, including, statutory (including without limitation, any timeliness, truthfulness, sequence, completeness, accuracy, freedom from interruption), implied warranties arising from trade usage, course of dealing, course of performance, or the implied warranties of merchantability or fitness for a particular purpose or application, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Customer Agreement. Although considerable effort is expended to make the Website and other operational and communications channels available around the clock, the Broker does not warrant that these channels will be available and error free every minute of the day. The Customer agrees that the Broker will not be responsible for temporary interruptions in respect of any services provided in connection with this accountservice due to maintenance, Website or other technological changes, or any information programs or products obtained fromfailures, through, or in connection with these services. In no event will Firstrade or any third party nor shall the Broker be liable for directextended interruptions due to failures beyond Broker’s control, indirect, incidental, or consequential damages resulting from any defect in or use of these services. You understand that to effect securities transactions will be including but not limited in all respects to the terms failure of interconnecting and conditions operating systems, computer viruses, forces of this agreement nature, labor disputes and any other agreement between you and Firstrade Securities Inc. Firstrade Securities Inc. will have no liability to you with respect to any transaction or attempted transaction by you which is not in accordance with the terms and conditions specified herein or in such other agreement and you will indemnify Firstrade Securities Inc. from any claim of a third party related to any such transaction or related transactionarmed conflicts. YOU UNDERSTAND THE CUSTOMER UNDERSTANDS AND AGREE AGREES THAT FIRSTRADETHE BROKER, ITS AFFILIATES, ITS RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, AND THE PROVIDERS WILL NOT BE LIABLE TO YOU THE CUSTOMER OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, TRADING LOSSES, AND DAMAGES) THAT YOU THE CUSTOMER MAY INCUR IN CONNECTION WITH YOUR THE CUSTOMER’S USE OF THE SERVICE PROVIDED BY FIRSTRADE THE BROKER UNDER THIS CUSTOMER AGREEMENT, INCLUDING YOUR THE CUSTOMER’S USE OF THE APP, THE WEBSITE, THE MARKET DATA, THE INFORMATION, OR THE CONTENT. FIRSTRADETHE BROKER, THE BROKER AFFILIATES, AND ITS THE BROKER’S RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF OUR THE BROKER’S SYSTEM, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONS. You also agree that FirstradeExcept as otherwise provided by law, the Broker or any of its affiliates or respective partners, officers, directors and directors, employees or agents (collectively, “Indemnified Parties”) shall not be liable for any expenses, losses, costs, damages, liabilities, demands, debts, obligations, penalties, charges, claims, causes of action, penalties, fines and taxes of any kind or nature (including legal expenses and attorneys’ fees) (whether known or unknown, absolute or contingent, liquidated or unliquidated, direct or indirect, due or to become due, accrued or not accrued, asserted or unasserted, related or not related to a third party claim, or otherwise) (collectively, “Losses”) by or with respect to any matters pertaining to the Customer Account, except to the extent that such Losses are actual Losses and are determined by a court of competent jurisdiction or an arbitration panel in a final non- appealable judgment or order to have resulted solely from the Broker’s or any of its affiliates’ gross negligence or intentional misconduct. In addition, the Customer agrees that the Indemnified Parties shall have no liability for, and the Customer agrees to indemnify, defend and hold harmless the Indemnified Parties from all Losses that result from: (i) any noncompliance by the Customer with any of the terms and conditions of this Customer Agreement; (ii) any third-party actions related to the Customer’s receipt and use of any Information, Market Data, Content, market analysis, other third-party content, or other such information obtained on the Website, whether authorized or unauthorized under this Customer Agreement; (iii) any third-party actions related to the Customer’s use of the Website; (iv) the Customer or the Customer’s agent misrepresentation or alleged misrepresentation, or act or omission; (v) Indemnified Parties following the Customer or the Customer’s agent’s directions or instructions, or failing to follow the Customer or the Customer’s agent’s unlawful or unreasonable directions or instructions; (vi) any activities or services of the Indemnified Parties in connection with the Customer Account (including any technology services, reporting, trading, research or capital introduction services); or (vii) the failure by any person not controlled by the Indemnified Parties and their affiliates to perform any obligations to the Customer. Further, if the Customer authorizes or allows third parties to gain access to the Broker’s services, including the Customer’s Accounts, the Customer will indemnify, defend and hold harmless the Broker, its Affiliates, and the Broker and its Affiliates’ respective officers and employees against any Losses arising out of claims or suits by such third parties based upon or relating to such access and use. The Broker does not warrant against loss of use or any direct, indirect or consequential damages or Losses to the Customer caused by the Customer’s assent, expressed or implied, to a third party accessing the Customer Account or information, including access provided through any other third party systems or sites. The Customer consents to the use of automated systems or service bureaus by the Broker and the Broker’s respective affiliates in conjunction with the Customer Account, including automated order entry and execution, record keeping, reporting and account reconciliation and risk management systems (collectively “Automated Systems”). The Customer understands that the use of Automated Systems entails risks, such as interruption or delays of service, errors or omissions in the information provided, system failure and errors in the design or functioning of such Automated Systems (collectively, a “System Failure”) that could cause substantial damage, expense, or liability to the Customer. The Customer understands and agrees that Indemnified Parties will have no liability whatsoever for any of the Customer’s Losses arising out of or relating to a System Failure. The Customer also agrees that Indemnified Parties will have no responsibility or liability to you the Customer in connection with the performance or non-performance by any exchange, clearing organization, market data provider, or other third party (including other broker-dealers and clearing firms, and banks) or any of their respective agents or affiliates, of its or their obligations relative to any securities. You agree The Customer agrees that Indemnified Parties will have no liability, to you the Customer or to third parties, or responsibility whatsoever for:: (i) any Losses resulting from a cause over which Indemnified Parties do not have direct control, including the failure of mechanical equipment, unauthorized access, theft, operator errors, government restrictions, force majeure (as defined in this Customer Agreement), market data availability or quality, exchange rulings or suspension of trading; and (ii) any special, indirect, incidental, consequential, punitive or exemplary damages (including lost profits, trading losses and damages) that the Customer may incur in connection with the Customer’s use of the Website, and other services provided by Indemnified Parties under this Customer Agreement. Further, if the Customer authorizes or allows third parties to gain access to the Broker’s services, including the Customer Accounts, the Customer will indemnify, defend and hold harmless the Broker, its affiliates, and the Broker and its affiliates’ respective officers and employees against any Losses arising out of claims or suits by such third parties based upon or relating to such access and use.
Appears in 6 contracts
Samples: altruist.com, altruist.com, altruist.com
Waiver; Limitation of Liability; Indemnification. Online trading has inherent risk due to system response and access times that may vary due to market conditions, system performance, and other factors. You I agree that your My use of Firstrade Securities Inc.'s Electronic Services (website the App or mobile app the Website or any other services) service provided by Robinhood Financial or its Affiliates is at your My sole risk. The services are Robinhood Financial service (including the App, the Website, the provision of Market Data, Information, Content, or any other information provided “by Robinhood Financial, any of its Affiliates, or any third-party content provider or market data provider) is provided on an "as is” and “," "as available”. Neither Firstrade" basis without warranties of any kind, employee nor any third party providers make any representations nor warranties either express or implied, including, statutory (including without limitation, any timeliness, truthfulness, sequence, completeness, accuracy, freedom from interruption), implied warranties arising from trade usage, course of dealing, course of performance, or the implied warranties of merchantability or fitness fitness for a particular purpose or application, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement. Although considerable effort is expended to make the Website, App and other operational and communications channels available around the clock, Robinhood does not warrant that these channels will be available and error free every minute of the day. I agree that Robinhood will not be responsible for temporary interruptions in respect of any services provided in connection with this accountservice due to maintenance, Website or App changes, or any information programs or products obtained fromfailures, through, or in connection with these services. In no event will Firstrade or any third party nor shall Robinhood be liable for directextended interruptions due to failures beyond our control, indirect, incidental, or consequential damages resulting from any defect in or use of these services. You understand that to effect securities transactions will be including but not limited in all respects to the terms failure of interconnecting and conditions operating systems, computer viruses, forces of this agreement nature, labor disputes and any other agreement between you and Firstrade Securities Inc. Firstrade Securities Inc. will have no liability to you with respect to any transaction or attempted transaction by you which is not in accordance with the terms and conditions specified herein or in such other agreement and you will indemnify Firstrade Securities Inc. from any claim of a third party related to any such transaction or related transactionarmed conflicts. YOU EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, I UNDERSTAND AND AGREE THAT FIRSTRADEROBINHOOD, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND EMPLOYEESAGENTS, AND THE PROVIDERS (COLLECTIVELY THE "ROBINHOOD PARTIES") WILL NOT BE LIABLE TO YOU ME OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, TRADING LOSSES, AND DAMAGES, LOSS OF PROFITS, REVENUE, OR GOODWILL) THAT YOU I MAY INCUR IN CONNECTION WITH YOUR MY USE OF THE SERVICE PROVIDED BY FIRSTRADE ROBINHOOD OR ANY OF ITS AFFILIATES UNDER THIS AGREEMENT, AGREEMENT (INCLUDING YOUR MY USE OF THE APP, THE WEBSITE, THE MARKET DATA, THE INFORMATION, OR THE CONTENT. FIRSTRADE), BREACH OF THIS AGREEMENT, OR ANY TERMINATION OF THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND ITS RESPECTIVE OFFICERSWHETHER OR NOT FORESEEABLE, DIRECTORS, AND EMPLOYEES EVEN IF ANY ROBINHOOD PARTY HAS BEEN ADVISED OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THE ROBINHOOD PARTIES SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF OUR SYSTEMTHEIR RESPECTIVE SYSTEMS, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONS. You Except as otherwise provided by law, Robinhood or any of its affiliates or respective partners, officers, directors, employees or agents (collectively, "Indemnified Parties") shall not be liable for any expenses, losses, costs, damages, liabilities, demands, debts, obligations, penalties, charges, claims, causes of action, penalties, fines and taxes of any kind or nature (including legal expenses and attorneys' fees) (whether known or unknown, absolute or contingent, liquidated or unliquidated, direct or indirect, due or to become due, accrued or not accrued, asserted or unasserted, related or not related to a third party claim, or otherwise) (collectively, "Losses") by or with respect to any matters pertaining to My Account, except to the extent that such Losses are actual Losses and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from Robinhood's or any of its affiliates' gross negligence or intentional misconduct. In addition, I agree that the Indemnified Parties shall have no liability for, and I agree to indemnify, defend and hold harmless the Indemnified Parties from all Losses that result from: (i) any noncompliance by Me with any of the terms and conditions of this Agreement; (ii) any third-party actions related to My receipt and use of any Information, Market Data, Content, market analysis, other third-party content, or other such information obtained on the App or Website, whether authorized or unauthorized under this Agreement; (iii) any third- party actions related to My use of the App or the Website; (iv) My or My agent's misrepresentation or alleged misrepresentation, or act or omission; (v) Indemnified Parties following My or My agent's directions or instructions, or failing to follow My or My agent's unlawful or unreasonable directions or instructions; (vi) any activities or services of the Indemnified Parties in connection with My Account (including any technology services, reporting, trading, research or capital introduction services); or (vii) the failure by any person not controlled by the Indemnified Parties and their affiliates to perform any obligations to Me. Further, if I authorize or allow third parties to gain access to Robinhood's services, including My Accounts, I will indemnify, defend and hold harmless the Indemnified Parties against any Losses arising out of claims or suits by such third parties based upon or relating to such access and use. Robinhood does not warrant against loss of use or any direct, indirect or consequential damages or Losses to Me caused by My assent, expressed or implied, to a third party accessing My Account or information, including access provided through any other third party systems or sites. I consent to the use of automated systems or service bureaus by Robinhood and its respective affiliates in conjunction with My Account, including automated order entry and execution, record keeping, reporting and account reconciliation and risk management systems (collectively "Automated Systems"). I understand that the use of Automated Systems entails risks, such as interruption or delays of service, errors or omissions in the information provided, system failure and errors in the design or functioning of such Automated Systems (collectively, a "System Failure") that could cause substantial damage, expense, or liability to Me. I understand and agree that Indemnified Parties will have no liability whatsoever for any of my Losses arising out of or relating to a System Failure. I also agree that Firstrade, its respective officers, directors and employees (collectively, “Indemnified Parties”) Indemnified Parties will have no responsibility or liability to you Me in connection with the performance or non-performance by any exchange, clearing organization, market data provider, or other third party (including other broker-dealers and clearing firmsfirms, and banks) or any of their respective agents or affiliatesaffiliates, of its or their obligations relative to any securities. You I agree that Indemnified Indemnified Parties will have no liability, to you Me or to third parties, or responsibility whatsoever for:: (i) any Losses resulting from a cause over which Indemnified Parties do not have direct control, including the failure of mechanical equipment, unauthorized access, theft, operator errors, government restrictions, force majeure (as defined in this Agreement), market data availability or quality, exchange rulings or suspension of trading; and (ii) any special, indirect, incidental, consequential, punitive or exemplary damages (including lost profits, trading losses and damages) that I may incur in connection with My use of the App, the Website, Robinhood's brokerage, and other services provided by Indemnified Parties under this Agreement.
Appears in 4 contracts
Samples: usermanual.wiki, cdn.robinhood.com, assets.ctfassets.net
Waiver; Limitation of Liability; Indemnification. Online trading has inherent risk due to system response and access times that may vary due to market conditions, system performance, and other factors. You agree that your use of Firstrade Securities Inc.'s Electronic Services (website or mobile app or any other services) at your sole risk. The services are provided “as is” and “as available”. Neither Firstrade, employee nor any third party providers make any representations nor warranties express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose in respect of any services provided in connection with this account, or any information programs or products obtained from, throughthough, or in connection with these services. In no event will Firstrade or any third party be liable for direct, indirect, incidental, or consequential damages resulting from any defect in or use of these services. You understand that to effect securities transactions will be limited in all respects to the terms and conditions of this agreement and any other agreement between you and Firstrade Securities Inc. Firstrade Securities Inc. will have no liability to you with respect to any transaction or attempted transaction by you which is not in accordance with the terms and conditions specified herein or in such other agreement and you will indemnify Firstrade Securities Inc. from any claim of a third party related to any such transaction or related transaction. YOU UNDERSTAND AND AGREE THAT FIRSTRADE, ITS RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, AND PROVIDERS WILL NOT BE LIABLE TO YOU OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, TRADING LOSSES, AND DAMAGES) THAT YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SERVICE PROVIDED BY FIRSTRADE UNDER THIS AGREEMENT, INCLUDING YOUR USE OF THE APP, THE WEBSITE, THE MARKET DATA, THE INFORMATION, OR THE CONTENT. FIRSTRADE, AND ITS RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF OUR SYSTEM, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONS. You also agree that Firstrade, its respective officers, directors and employees (collectively, “Indemnified Parties”) will have no responsibility or liability to you in connection with the performance or non-performance by any exchange, clearing organization, market data provider, or other third party (including other broker-dealers and clearing firms, and banks) or any of their respective agents or affiliates, of its or their obligations relative to any securities. You agree that Indemnified Parties will have no liability, to you or to third parties, or responsibility whatsoever for:
Appears in 4 contracts
Samples: Electronic Services Agreement, Electronic Services Agreement, Account Agreement
Waiver; Limitation of Liability; Indemnification. Online trading has inherent risk due to system response and access times that may vary due to market conditions, system performance, and other factors. You I agree that your My use of Firstrade Securities Inc.'s Electronic Services (website the App or mobile app the Website or any other services) service provided by Robinhood Financial or its Affiliates is at your My sole risk. The services are Robinhood Financial service (including the App, the Website, the provision of Market Data, Information, Content, or any other information provided by Robinhood Financial, any of its Affiliates, or any third-party content provider or market data provider) is provided on an “as is,” and “as available”. Neither Firstrade” basis without warranties of any kind, employee nor any third party providers make any representations nor warranties either express or implied, including, statutory (including without limitation, any timeliness, truthfulness, sequence, completeness, accuracy, freedom from interruption), implied warranties arising from trade usage, course of dealing, course of performance, or the implied warranties of merchantability or fitness for a particular purpose or application, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement. Although considerable effort is expended to make the Website, App and other operational and communications channels available around the clock, Robinhood does not warrant that these channels will be available and error free every minute of the day. I agree that Robinhood will not be responsible for temporary interruptions in respect of any services provided in connection with this accountservice due to maintenance, Website or App changes, or any information programs or products obtained fromfailures, through, or in connection with these services. In no event will Firstrade or any third party nor shall Robinhood be liable for directextended interruptions due to failures beyond our control, indirect, incidental, or consequential damages resulting from any defect in or use of these services. You understand that to effect securities transactions will be including but not limited in all respects to the terms failure of interconnecting and conditions operating systems, computer viruses, forces of this agreement nature, labor disputes and any other agreement between you and Firstrade Securities Inc. Firstrade Securities Inc. will have no liability to you with respect to any transaction or attempted transaction by you which is not in accordance with the terms and conditions specified herein or in such other agreement and you will indemnify Firstrade Securities Inc. from any claim of a third party related to any such transaction or related transactionarmed conflicts. YOU EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, I UNDERSTAND AND AGREE THAT FIRSTRADEROBINHOOD, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND EMPLOYEESAGENTS, AND THE PROVIDERS (COLLECTIVELY THE “ROBINHOOD PARTIES”) WILL NOT BE LIABLE TO YOU ME OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, TRADING LOSSES, AND DAMAGES, LOSS OF PROFITS, REVENUE, OR GOODWILL) THAT YOU I MAY INCUR IN CONNECTION WITH YOUR MY USE OF THE SERVICE PROVIDED BY FIRSTRADE ROBINHOOD OR ANY OF ITS AFFILIATES UNDER THIS AGREEMENT, AGREEMENT (INCLUDING YOUR MY USE OF THE APP, THE WEBSITE, THE MARKET DATA, THE INFORMATION, OR THE CONTENT. FIRSTRADE), BREACH OF THIS AGREEMENT, OR ANY TERMINATION OF THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND ITS RESPECTIVE OFFICERSWHETHER OR NOT FORESEEABLE, DIRECTORS, AND EMPLOYEES EVEN IF ANY ROBINHOOD PARTY HAS BEEN ADVISED OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THE ROBINHOOD PARTIES SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF OUR SYSTEMTHEIR RESPECTIVE SYSTEMS, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONS. You also agree that FirstradeExcept as otherwise provided by law, Robinhood or any of its affiliates or respective partners, officers, directors and directors, employees or agents (collectively, “Indemnified Parties”) will shall not be liable for any expenses, losses, costs, damages, liabilities, demands, debts, obligations, penalties, charges, claims, causes of action, penalties, fines and taxes of any kind or nature (including legal expenses and attorneys’ fees) (whether known or unknown, absolute or contingent, liquidated or unliquidated, direct or indirect, due or to become due, accrued or not accrued, asserted or unasserted, related or not related to a third party claim, or otherwise) (collectively, “Losses”) by or with respect to any matters pertaining to My Account, except to the extent that such Losses are actual Losses and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from Robinhood’s or any of its affiliates’ gross negligence or intentional misconduct. In addition, I agree that the Indemnified Parties shall have no responsibility or liability for, and I agree to you in connection indemnify, defend and hold harmless the Indemnified Parties from all Losses that result from: (i) any noncompliance by Me with any of the performance or nonterms and conditions of this Agreement; (ii) any third-performance by party actions related to My receipt and use of any exchangeInformation, clearing organizationMarket Data, Content, market data provideranalysis, other third-party content, or other third such information obtained on the App or Website, whether authorized or unauthorized under this Agreement; (iii) any third-party actions related to My use of the App or the Website; (including other broker-dealers and clearing firmsiv) My or My agent’s misrepresentation or alleged misrepresentation, and banksor act or omission; (v) or any of their respective agents or affiliates, of its or their obligations relative to any securities. You agree that Indemnified Parties will have no liability, to you following My or to third partiesMy agent’s directions or instructions, or responsibility whatsoever for:failing to follow My or My agent’s unlawful or unreasonable directions or instructions;
Appears in 3 contracts
Samples: ia802902.us.archive.org, ia802902.us.archive.org, assets.ctfassets.net
Waiver; Limitation of Liability; Indemnification. Online trading has inherent risk due to system response and access times that may vary due to market conditions, system performance, and other factors. You I agree that your My use of Firstrade Securities Inc.'s Electronic Services (website the App or mobile app the Website or any other services) service provided by Robinhood Financial or its Affiliates is at your My sole risk. The services are Robinhood Financial service (including the App, the Website, the provision of Market Data, Information, Content, or any other information provided “by Robinhood Financial, any of its Affiliates, or any third-party content provider or market data provider) is provided on an "as is” and “," "as available”. Neither Firstrade" basis without warranties of any kind, employee nor any third party providers make any representations nor warranties either express or implied, including, statutory (including without limitation, any timeliness, truthfulness, sequence, completeness, accuracy, freedom from interruption), implied warranties arising from trade usage, course of dealing, course of performance, or the implied warranties of merchantability or fitness for a particular purpose or application, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement. Although considerable effort is expended to make the Website, App and other operational and communications channels available around the clock, Robinhood does not warrant that these channels will be available and error free every minute of the day. I agree that Robinhood will not be responsible for temporary interruptions in respect of any services provided in connection with this accountservice due to maintenance, Website or App changes, or any information programs or products obtained fromfailures, through, or in connection with these services. In no event will Firstrade or any third party nor shall Robinhood be liable for directextended interruptions due to failures beyond our control, indirect, incidental, or consequential damages resulting from any defect in or use of these services. You understand that to effect securities transactions will be including but not limited in all respects to the terms failure of interconnecting and conditions operating systems, computer viruses, forces of this agreement nature, labor disputes and any other agreement between you and Firstrade Securities Inc. Firstrade Securities Inc. will have no liability to you with respect to any transaction or attempted transaction by you which is not in accordance with the terms and conditions specified herein or in such other agreement and you will indemnify Firstrade Securities Inc. from any claim of a third party related to any such transaction or related transactionarmed conflicts. YOU EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, I UNDERSTAND AND AGREE THAT FIRSTRADEROBINHOOD, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND EMPLOYEESAGENTS, AND THE PROVIDERS (COLLECTIVELY THE "ROBINHOOD PARTIES") WILL NOT BE LIABLE TO YOU ME OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, TRADING LOSSES, AND DAMAGES, LOSS OF PROFITS, REVENUE, OR GOODWILL) THAT YOU I MAY INCUR IN CONNECTION WITH YOUR MY USE OF THE SERVICE PROVIDED BY FIRSTRADE ROBINHOOD OR ANY OF ITS AFFILIATES UNDER THIS AGREEMENT, AGREEMENT (INCLUDING YOUR MY USE OF THE APP, THE WEBSITE, THE MARKET DATA, THE INFORMATION, OR THE CONTENT. FIRSTRADE), BREACH OF THIS AGREEMENT, OR ANY TERMINATION OF THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND ITS RESPECTIVE OFFICERSWHETHER OR NOT FORESEEABLE, DIRECTORS, AND EMPLOYEES EVEN IF ANY ROBINHOOD PARTY HAS BEEN ADVISED OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THE ROBINHOOD PARTIES SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF OUR SYSTEMTHEIR RESPECTIVE SYSTEMS, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONS. You Except as otherwise provided by law, Robinhood or any of its affiliates or respective partners, officers, directors, employees or agents (collectively, "Indemnified Parties") shall not be liable for any expenses, losses, costs, damages, liabilities, demands, debts, obligations, penalties, charges, claims, causes of action, penalties, fines and taxes of any kind or nature (including legal expenses and attorneys' fees) (whether known or unknown, absolute or contingent, liquidated or unliquidated, direct or indirect, due or to become due, accrued or not accrued, asserted or unasserted, related or not related to a third party claim, or otherwise) (collectively, "Losses") by or with respect to any matters pertaining to My Account, except to the extent that such Losses are actual Losses and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from Robinhood's or any of its affiliates' gross negligence or intentional misconduct. In addition, I agree that the Indemnified Parties shall have no liability for, and I agree to indemnify, defend and hold harmless the Indemnified Parties from all Losses that result from: (i) any noncompliance by Me with any of the terms and conditions of this Agreement; (ii) any third-party actions related to My receipt and use of any Information, Market Data, Content, market analysis, other third-party content, or other such information obtained on the App or Website, whether authorized or unauthorized under this Agreement; (iii) any third- party actions related to My use of the App or the Website; (iv) My or My agent's misrepresentation or alleged misrepresentation, or act or omission; (v) Indemnified Parties following My or My agent's directions or instructions, or failing to follow My or My agent's unlawful or unreasonable directions or instructions; (vi) any activities or services of the Indemnified Parties in connection with My Account (including any technology services, reporting, trading, research or capital introduction services); or (vii) the failure by any person not controlled by the Indemnified Parties and their affiliates to perform any obligations to Me. Further, if I authorize or allow third parties to gain access to Robinhood's services, including My Accounts, I will indemnify, defend and hold harmless the Indemnified Parties against any Losses arising out of claims or suits by such third parties based upon or relating to such access and use. Robinhood does not warrant against loss of use or any direct, indirect or consequential damages or Losses to Me caused by My assent, expressed or implied, to a third party accessing My Account or information, including access provided through any other third party systems or sites. I consent to the use of automated systems or service bureaus by Robinhood and its respective affiliates in conjunction with My Account, including automated order entry and execution, record keeping, reporting and account reconciliation and risk management systems (collectively "Automated Systems"). I understand that the use of Automated Systems entails risks, such as interruption or delays of service, errors or omissions in the information provided, system failure and errors in the design or functioning of such Automated Systems (collectively, a "System Failure") that could cause substantial damage, expense, or liability to Me. I understand and agree that Indemnified Parties will have no liability whatsoever for any of my Losses arising out of or relating to a System Failure. I also agree that Firstrade, its respective officers, directors and employees (collectively, “Indemnified Parties”) Parties will have no responsibility or liability to you Me in connection with the performance or non-performance by any exchange, clearing organization, market data provider, or other third party (including other broker-dealers and clearing firms, and banks) or any of their respective agents or affiliates, of its or their obligations relative to any securities. You I agree that Indemnified Parties will have no liability, to you Me or to third parties, or responsibility whatsoever for:: (i) any Losses resulting from a cause over which Indemnified Parties do not have direct control, including the failure of mechanical equipment, unauthorized access, theft, operator errors, government restrictions, force majeure (as defined in this Agreement), market data availability or quality, exchange rulings or suspension of trading; and (ii) any special, indirect, incidental, consequential, punitive or exemplary damages (including lost profits, trading losses and damages) that I may incur in connection with My use of the App, the Website, Robinhood's brokerage, and other services provided by Indemnified Parties under this Agreement.
Appears in 2 contracts
Samples: usermanual.wiki, cdn.robinhood.com
Waiver; Limitation of Liability; Indemnification. Online trading has inherent risk due to system response and access times The Customer agrees that may vary due to market conditions, system performance, and other factors. You agree that your the Customer’s use of Firstrade Securities Inc.'s Electronic Services (website or mobile app the Website or any other services) service provided by the Broker or its Affiliates is at your the Customer’s sole risk. The services are Broker’s service (including the Website, the provision of Market Data, Information, Content, or any other information provided by the Broker, any of its Affiliates, or any third-party content provider or market data provider) is provided on an “as is,” and “as available”. Neither Firstrade” basis without warranties of any kind, employee nor any third party providers make any representations nor warranties either express or implied, including, statutory (including without limitation, any timeliness, truthfulness, sequence, completeness, accuracy, freedom from interruption), implied warranties arising from trade usage, course of dealing, course of performance, or the implied warranties of merchantability or fitness for a particular purpose in respect or application, other than those warranties which are implied by and incapable of any services provided in connection with exclusion, restriction or modification under the laws applicable to this accountCustomer Agreement. THE CUSTOMER UNDERSTANDS AND AGREES THAT THE BROKER, or any information programs or products obtained from, through, or in connection with these services. In no event will Firstrade or any third party be liable for direct, indirect, incidental, or consequential damages resulting from any defect in or use of these services. You understand that to effect securities transactions will be limited in all respects to the terms and conditions of this agreement and any other agreement between you and Firstrade Securities Inc. Firstrade Securities Inc. will have no liability to you with respect to any transaction or attempted transaction by you which is not in accordance with the terms and conditions specified herein or in such other agreement and you will indemnify Firstrade Securities Inc. from any claim of a third party related to any such transaction or related transaction. YOU UNDERSTAND AND AGREE THAT FIRSTRADEITS AFFILIATES, ITS RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, AND THE PROVIDERS WILL NOT BE LIABLE TO YOU THE CUSTOMER OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, TRADING LOSSES, AND DAMAGES) THAT YOU THE CUSTOMER MAY INCUR IN CONNECTION WITH YOUR THE CUSTOMER’S USE OF THE SERVICE PROVIDED BY FIRSTRADE THE BROKER UNDER THIS CUSTOMER AGREEMENT, INCLUDING YOUR THE CUSTOMER’S USE OF THE APP, THE WEBSITE, THE MARKET DATA, THE INFORMATION, OR THE CONTENT. FIRSTRADETHE BROKER, THE BROKER AFFILIATES, AND ITS THE BROKER’S RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF OUR THE BROKER’S SYSTEM, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONS. You also agree that FirstradeExcept as otherwise provided by law, the Broker or any of its affiliates or respective partners, officers, directors and directors, employees or agents (collectively, “Indemnified Parties”) shall not be liable for any expenses, losses, costs, damages, liabilities, demands, debts, obligations, penalties, charges, claims, causes of action, penalties, fines and taxes of any kind or nature (including legal expenses and attorneys’ fees) (whether known or unknown, absolute or contingent, liquidated or unliquidated, direct or indirect, due or to become due, accrued or not accrued, asserted or unasserted, related or not related to a third party claim, or otherwise) (collectively, “Losses”) by or with respect to any matters pertaining to the Customer Account, except to the extent that such Losses are actual Losses and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from the Broker’s or any of its affiliates’ gross negligence or intentional misconduct. In addition, the Customer agrees that the Indemnified Parties shall have no liability for, and the Customer agrees to indemnify, defend and hold harmless the Indemnified Parties from all Losses that result from: (i) any noncompliance by the Customer with any of the terms and conditions of this Customer Agreement; (ii) any third-party actions related to the Customer’s receipt and use of any Information, Market Data, Content, market analysis, other third-party content, or other such information obtained on the Website, whether authorized or unauthorized under this Customer Agreement; (iii) any third-party actions related to the Customer’s use of the Website; (iv) the Customer or the Customer’s agent misrepresentation or alleged misrepresentation, or act or omission; (v) Indemnified Parties following the Customer or the Customer’s agent’s directions or instructions, or failing to follow the Customer or the Customer’s agent’s unlawful or unreasonable directions or instructions; (vi) any activities or services of the Indemnified Parties in connection with the Customer Account (including any technology services, reporting, trading, research or capital introduction services); or (vii) the failure by any person not controlled by the Indemnified Parties and their affiliates to perform any obligations to the Customer. Further, if the Customer authorizes or allows third parties to gain access to the Broker’s services, including the Customer’s Accounts, the Customer will indemnify, defend and hold harmless the Broker, its Affiliates, and the Broker and its Affiliates’ respective officers and employees against any Losses arising out of claims or suits by such third parties based upon or relating to such access and use. The Broker does not warrant against loss of use or any direct, indirect or consequential damages or Losses to the Customer caused by the Customer’s assent, expressed or implied, to a third party accessing the Customer Account or information, including access provided through any other third party systems or sites. The Customer consents to the use of automated systems or service bureaus by the Broker and the Broker’s respective affiliates in conjunction with the Customer Account, including automated order entry and execution, record keeping, reporting and account reconciliation and risk management systems (collectively “Automated Systems”). The Customer understands that the use of Automated Systems entails risks, such as interruption or delays of service, errors or omissions in the information provided, system failure and errors in the design or functioning of such Automated Systems (collectively, a “System Failure”) that could cause substantial damage, expense, or liability to the Customer. The Customer understands and agrees that Indemnified Parties will have no liability whatsoever for any of the Customer’s Losses arising out of or relating to a System Failure. The Customer also agrees that Indemnified Parties will have no responsibility or liability to you the Customer in connection with the performance or non-performance by any exchange, clearing organization, market data provider, or other third party (including other broker-dealers and clearing firms, and banks) or any of their respective agents or affiliates, of its or their obligations relative to any securities. You agree The Customer agrees that Indemnified Parties will have no liability, to you the Customer or to third parties, or responsibility whatsoever for:: (i) any Losses resulting from a cause over which Indemnified Parties do not have direct control, including the failure of mechanical equipment, unauthorized access, theft, operator errors, government restrictions, force majeure (as defined in this Customer Agreement), market data availability or quality, exchange rulings or suspension of trading; and (ii) any special, indirect, incidental, consequential, punitive or exemplary damages (including lost profits, trading losses and damages) that the Customer may incur in connection with the Customer’s use of the Website, and other services provided by Indemnified Parties under this Customer Agreement. Further, if the Customer authorizes or allows third parties to gain access to the Broker’s services, including the Customer Accounts, the Customer will indemnify, defend and hold harmless the Broker, its affiliates, and the Broker and its affiliates’ respective officers and employees against any Losses arising out of claims or suits by such third parties based upon or relating to such access and use.
Appears in 2 contracts
Samples: altruist.com, altruist.com
Waiver; Limitation of Liability; Indemnification. Online trading has inherent risk due to system response and access times The Customer agrees that may vary due to market conditions, system performance, and other factors. You agree that your the Customer’s use of Firstrade Securities Inc.'s Electronic Services (website or mobile app the Website or any other services) service provided by the Broker or its Affiliates is at your the Customer’s sole risk. The services are Broker’s service (including the Website, the provision of Market Data, Information, Content, or any other information provided by the Broker, any of its Affiliates, or any third-party content provider or market data provider) is provided on an “as is,” and “as available”. Neither Firstrade” basis without warranties of any kind, employee nor any third party providers make any representations nor warranties either express or implied, including, statutory (including without limitation, any timeliness, truthfulness, sequence, completeness, accuracy, freedom from interruption), implied warranties arising from trade usage, course of dealing, course of performance, or the implied warranties of merchantability or fitness for a particular purpose or application, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Customer Agreement. Although considerable effort is expended to make the Website and other operational and communications channels available around the clock, the Broker does not warrant that these channels will be available and error free every minute of the day. The Customer agrees that the Broker will not be responsible for temporary interruptions in respect of any services provided in connection with this accountservice due to maintenance, Website or other technological changes, or any information programs or products obtained fromfailures, through, or in connection with these services. In no event will Firstrade or any third party nor shall the Broker be liable for directextended interruptions due to failures beyond Broker’s control, indirect, incidental, or consequential damages resulting from any defect in or use of these services. You understand that to effect securities transactions will be including but not limited in all respects to the terms failure of interconnecting and conditions operating systems, computer viruses, forces of this agreement nature, labor disputes and any other agreement between you and Firstrade Securities Inc. Firstrade Securities Inc. will have no liability to you with respect to any transaction or attempted transaction by you which is not in accordance with the terms and conditions specified herein or in such other agreement and you will indemnify Firstrade Securities Inc. from any claim of a third party related to any such transaction or related transactionarmed conflicts. YOU UNDERSTAND THE CUSTOMER UNDERSTANDS AND AGREE AGREES THAT FIRSTRADETHE BROKER, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, CONTRACTORS, AND THIRD PARTY PROVIDERS WILL NOT BE LIABLE TO YOU THE CUSTOMER OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, TRADING LOSSES, AND DAMAGES) THAT YOU THE CUSTOMER MAY INCUR IN CONNECTION WITH YOUR THE CUSTOMER’S USE OF THE SERVICE PROVIDED BY FIRSTRADE THE BROKER UNDER THIS CUSTOMER AGREEMENT, INCLUDING YOUR THE CUSTOMER’S USE OF THE APP, THE WEBSITE, THE MARKET DATA, THE INFORMATION, OR THE CONTENT. FIRSTRADETHE BROKER, THE BROKER AFFILIATES, AND ITS THE BROKER’S RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF OUR THE BROKER’S SYSTEM, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONS. You also agree that FirstradeExcept as otherwise provided by law, the Broker or any of its Affiliates or respective partners, officers, directors and directors, employees or agents (collectively, “Indemnified Parties”) shall not be liable for any expenses, losses, costs, damages, liabilities, demands, debts, obligations, penalties, charges, claims, causes of action, penalties, fines and taxes of any kind or nature (including legal expenses and attorneys’ fees) (whether known or unknown, absolute or contingent, liquidated or unliquidated, direct or indirect, due or to become due, accrued or not accrued, asserted or unasserted, related or not related to a third party claim, or otherwise) (collectively, “Losses”) by or with respect to any matters pertaining to the Customer Account, except to the extent that such Losses are actual Losses and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from the Broker’s or any of its Affiliates’ gross negligence or intentional misconduct. In addition, the Customer agrees that the Indemnified Parties shall have no liability for, and the Customer agrees to indemnify, defend and hold harmless the Indemnified Parties from all Losses that result from: (i) any noncompliance by the Customer with any of the terms and conditions of this Customer Agreement; (ii) any third-party actions related to the Customer’s receipt and use of any Information, Market Data, Content, market analysis, other third-party content, or other such information obtained on the Website, whether authorized or unauthorized under this Customer Agreement; (iii) any third-party actions related to the Customer’s use of the Website; (iv) the Customer or the Customer’s agent misrepresentation or alleged misrepresentation, or act or omission; (v) Indemnified Parties following the Customer or the Customer’s agent’s directions or instructions, or failing to follow the Customer or the Customer’s agent’s unlawful or unreasonable directions or instructions; (vi) any activities or services of the Indemnified Parties in connection with the Customer Account (including any technology services, reporting, trading, research or capital introduction services); or (vii) the failure by any person not controlled by the Indemnified Parties and their Affiliates to perform any obligations to the Customer. Further, if the Customer authorizes or allows third parties to gain access to the Broker’s services, including the Customer’s Accounts, the Customer will indemnify, defend and hold harmless the Broker, its Affiliates, and the Broker and its Affiliates’ respective officers and employees against any Losses arising out of claims or suits by such third parties based upon or relating to such access and use. The Broker does not warrant against loss of use or any direct, indirect or consequential damages or Losses to the Customer caused by the Customer’s assent, expressed or implied, to a third party accessing the Customer Account or information, including access provided through any other third party systems or sites. The Customer also agrees that Indemnified Parties will have no responsibility or liability to you the Customer in connection with the performance or non-performance by any exchange, clearing organization, market data provider, or other third party (including other broker-dealers and clearing firms, and banks) or any of their respective agents or affiliatesAffiliates, of its or their obligations relative to any securities. You agree The Customer agrees that Indemnified Parties will have no liability, to you the Customer or to third parties, or responsibility whatsoever for:: (i) any Losses resulting from a cause over which Indemnified Parties do not have direct control, including the failure of mechanical equipment, unauthorized access, theft, operator errors, government restrictions, force majeure (as defined in this Customer Agreement), market data availability or quality, exchange rulings or suspension of trading; and (ii) any special, indirect, incidental, consequential, punitive or exemplary damages (including lost profits, trading losses and damages) that the Customer may incur in connection with the Customer’s use of the Website, and other services provided by Indemnified Parties under this Customer Agreement. Further, if the Customer authorizes or allows third parties to gain access to the Broker’s services, including the Customer Accounts, the Customer will indemnify, defend and hold harmless the Broker, its Affiliates, and the Broker and its Affiliates’ respective officers and employees against any Losses arising out of claims or suits by such third parties based upon or relating to such access and use.
Appears in 2 contracts
Samples: altruist.com, altruist.com
Waiver; Limitation of Liability; Indemnification. Online trading has inherent risk due to system response and access times The Customer agrees that may vary due to market conditions, system performance, and other factors. You agree that your the Customer’s use of Firstrade Securities Inc.'s Electronic Services (website or mobile app the Website or any other services) service provided by the Broker or its Affiliates is at your the Customer’s sole risk. The services are Broker’s service (including the Website, the provision of Market Data, Information, Content, or any other information provided by the Broker, any of its Affiliates, or any third-party content provider or market data provider) is provided on an “as is,” and “as available”. Neither Firstrade” basis without warranties of any kind, employee nor any third party providers make any representations nor warranties either express or implied, including, statutory (including without limitation, any timeliness, truthfulness, sequence, completeness, accuracy, freedom from interruption), implied warranties arising from trade usage, course of dealing, course of performance, or the implied warranties of merchantability or fitness for a particular purpose in respect or application, other than those warranties which are implied by and incapable of any services provided in connection with exclusion, restriction or modification under the laws applicable to this accountCustomer Agreement. THE CUSTOMER UNDERSTANDS AND AGREES THAT THE BROKER, or any information programs or products obtained from, through, or in connection with these services. In no event will Firstrade or any third party be liable for direct, indirect, incidental, or consequential damages resulting from any defect in or use of these services. You understand that to effect securities transactions will be limited in all respects to the terms and conditions of this agreement and any other agreement between you and Firstrade Securities Inc. Firstrade Securities Inc. will have no liability to you with respect to any transaction or attempted transaction by you which is not in accordance with the terms and conditions specified herein or in such other agreement and you will indemnify Firstrade Securities Inc. from any claim of a third party related to any such transaction or related transaction. YOU UNDERSTAND AND AGREE THAT FIRSTRADEITS AFFILIATES, ITS RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, AND THE PROVIDERS WILL NOT BE LIABLE TO YOU THE CUSTOMER OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, TRADING LOSSES, AND DAMAGES) THAT YOU THE CUSTOMER MAY INCUR IN CONNECTION WITH YOUR THE CUSTOMER’S USE OF THE SERVICE PROVIDED BY FIRSTRADE THE BROKER UNDER THIS CUSTOMER AGREEMENT, INCLUDING YOUR THE CUSTOMER’S USE OF THE APP, THE WEBSITE, THE MARKET DATA, THE INFORMATION, OR THE CONTENT. FIRSTRADETHE BROKER, THE BROKER AFFILIATES, AND ITS THE BROKER’S RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF OUR THE BROKER’S SYSTEM, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONS. You also agree that FirstradeExcept as otherwise provided by law, the Broker or any of its affiliates or respective partners, officers, directors and directors, employees or agents (collectively, “Indemnified Parties”) will shall not be liable for any expenses, losses, costs, damages, liabilities, demands, debts, obligations, penalties, charges, claims, causes of action, penalties, fines and taxes of any kind or nature (including legal expenses and attorneys’ fees) (whether known or unknown, absolute or contingent, liquidated or unliquidated, direct or indirect, due or to become due, accrued or not accrued, asserted or unasserted, related or not related to a third party claim, or otherwise) (collectively, “Losses”) by or with respect to any matters pertaining to the Customer Account, except to the extent that such Losses are actual Losses and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from the Broker’s or any of its affiliates’ gross negligence or intentional misconduct. In addition, the Customer agrees that the Indemnified Parties shall have no responsibility liability for, and the Customer agrees to indemnify, defend and hold harmless the Indemnified Parties from all Losses that result from: (i) any noncompliance by the Customer with any of the terms and conditions of this Customer Agreement; (ii) any third-party actions related to the Customer’s receipt and use of any Information, Market Data, Content, market analysis, other third-party content, or liability other such information obtained on the Website, whether authorized or unauthorized under this Customer Agreement; (iii) any third-party actions related to you the Customer’s use of the Website; (iv) the Customer or the Customer’s agent misrepresentation or alleged misrepresentation, or act or omission; (v) Indemnified Parties following the Customer or the Customer’s agent’s directions or instructions, or failing to follow the Customer or the Customer’s agent’s unlawful or unreasonable directions or instructions; (vi) any activities or services of the Indemnified Parties in connection with the performance or non-performance by any exchange, clearing organization, market data provider, or other third party Customer Account (including other broker-dealers and clearing firmsany technology services, and banks) reporting, trading, research or any of their respective agents or affiliates, of its or their obligations relative to any securities. You agree that Indemnified Parties will have no liability, to you or to third parties, or responsibility whatsoever for:capital introduction services); or
Appears in 1 contract
Samples: altruist.com
Waiver; Limitation of Liability; Indemnification. Online trading has inherent risk due to system response and access times that may vary due to market conditions, system performance, and other factors. You I agree that your My use of Firstrade Securities Inc.'s Electronic Services (website the App or mobile app the Website or any other services) service provided by Galaxie or its Affiliates is at your My sole risk. The services are Galaxie service (including the App, the Website, the provision of Market Data, Information, Content, or any other information provided by Galaxie, any of its Affiliates, or any third- party content provider or market data provider) is provided on an “as is,” and “as available”. Neither Firstrade” basis without warranties of any kind, employee nor any third party providers make any representations nor warranties either express or implied, including, statutory (including without limitation, any timeliness, truthfulness, sequence, completeness, accuracy, freedom from interruption), implied warranties arising from trade usage, course of dealing, course of performance, or the implied warranties of merchantability or fitness for a particular purpose in respect or application, other than those warranties which are implied by and incapable of any services provided in connection with exclusion, restriction or modification under the laws applicable to this account, or any information programs or products obtained from, through, or in connection with these servicesAgreement. In no event will Firstrade or any third party be liable for direct, indirect, incidental, or consequential damages resulting from any defect in or use of these services. You understand that to effect securities transactions will be limited in all respects to the terms and conditions of this agreement and any other agreement between you and Firstrade Securities Inc. Firstrade Securities Inc. will have no liability to you with respect to any transaction or attempted transaction by you which is not in accordance with the terms and conditions specified herein or in such other agreement and you will indemnify Firstrade Securities Inc. from any claim of a third party related to any such transaction or related transaction. YOU I UNDERSTAND AND AGREE THAT FIRSTRADEYOU, ITS YOUR AFFILIATES, YOUR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, AND THE PROVIDERS WILL NOT BE LIABLE TO YOU ME OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, TRADING LOSSES, AND DAMAGES) THAT YOU I MAY INCUR IN CONNECTION WITH YOUR MY USE OF THE SERVICE PROVIDED BY FIRSTRADE YOU UNDER THIS AGREEMENT, INCLUDING YOUR MY USE OF THE APP, THE WEBSITE, THE MARKET DATA, THE INFORMATION, OR THE CONTENT. FIRSTRADEYOU, YOUR AFFILIATES, AND ITS YOUR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF OUR YOUR SYSTEM, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONS. You also agree that FirstradeExcept as otherwise provided by law, Galaxie or any of its affiliates or respective partners, officers, directors and directors, employees or agents (collectively, “Indemnified Parties”) will have no responsibility shall not be liable for any expenses, losses, costs, damages, liabilities, demands, debts, obligations, penalties, charges, claims, causes of action, penalties, fines and taxes of any kind or liability nature (including legal expenses and attorneys’ fees) (whether known or unknown, absolute or contingent, liquidated or unliquidated, direct or indirect, due or to you become due, accrued or not accrued, asserted or unasserted, related or not related to a third party claim, or otherwise) (collectively, “Losses”) by or with respect to any matters pertaining to My Account, except to the extent that such Losses are actual Losses and are determined by a court of competent jurisdiction or an arbitration panel in connection with the performance or a final non-performance by any exchange, clearing organization, market data provider, appealable judgment or other third party (including other broker-dealers and clearing firms, and banks) order to have resulted solely from Galaxie or any of their respective agents its affiliates’ gross negligence or affiliatesintentional misconduct. In addition, of its or their obligations relative to any securities. You I agree that the Indemnified Parties will shall have no liabilityliability for, and I agree to you or to third partiesindemnify, or responsibility whatsoever fordefend and hold harmless the Indemnified Parties from all Losses that result from:
Appears in 1 contract
Waiver; Limitation of Liability; Indemnification. Online trading has inherent risk due to system response and access times that may vary due to market conditions, system performance, and other factors. You I agree that your My use of Firstrade Securities Inc.'s Electronic Services (website the App or mobile app the Website or any other services) service provided by Hapi or its Affiliates is at your My sole risk. The services are Hapi service (including the App, the Website, the provision of Market Data, Information, Content, or any other information provided “by Hapi, any of its Affiliates, or any third-party content provider or market data provider) is provided on an "as is” and “," "as available”. Neither Firstrade" basis without warranties of any kind, employee nor any third party providers make any representations nor warranties either express or implied, including, statutory (including without limitation, any timeliness, truthfulness, sequence, completeness, accuracy, freedom from interruption), implied warranties arising from trade usage, course of dealing, course of performance, or the implied warranties of merchantability or fitness for a particular purpose or application, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement. Although considerable effort is expended to make the Website, App and other operational and communications channels available around the clock, Hapi does not warrant that these channels will be available and error free every minute of the day. I agree that Xxxx will not be responsible for temporary interruptions in respect of any services provided in connection with this accountservice due to maintenance, Website or App changes, or any information programs or products obtained fromfailures, through, or in connection with these services. In no event will Firstrade or any third party nor shall Hapi be liable for directextended interruptions due to failures beyond our control, indirect, incidental, or consequential damages resulting from any defect in or use of these services. You understand that to effect securities transactions will be including but not limited in all respects to the terms failure of interconnecting and conditions operating systems, computer viruses, forces of this agreement nature, labor disputes and any other agreement between you and Firstrade Securities Inc. Firstrade Securities Inc. will have no liability to you with respect to any transaction or attempted transaction by you which is not in accordance with the terms and conditions specified herein or in such other agreement and you will indemnify Firstrade Securities Inc. from any claim of a third party related to any such transaction or related transactionarmed conflicts. YOU EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, I UNDERSTAND AND AGREE THAT FIRSTRADEHAPI, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND EMPLOYEESAGENTS, AND THE PROVIDERS (COLLECTIVELY THE "HAPI PARTIES") WILL NOT BE LIABLE TO YOU ME OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, TRADING LOSSES, AND DAMAGES, LOSS OF PROFITS, REVENUE, OR GOODWILL) THAT YOU I MAY INCUR IN CONNECTION WITH YOUR MY USE OF THE SERVICE PROVIDED BY FIRSTRADE HAPI OR ANY OF ITS AFFILIATES UNDER THIS AGREEMENT, AGREEMENT (INCLUDING YOUR MY USE OF THE APP, THE WEBSITE, THE MARKET DATA, THE INFORMATION, OR THE CONTENT. FIRSTRADE), BREACH OF THIS AGREEMENT, OR ANY TERMINATION OF THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND ITS RESPECTIVE OFFICERSWHETHER OR NOT FORESEEABLE, DIRECTORS, AND EMPLOYEES EVEN IF ANY HAPI PARTY HAS BEEN ADVISED OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THE HAPI PARTIES SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF OUR SYSTEMTHEIR RESPECTIVE SYSTEMS, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONS. You Except as otherwise provided by law, Hapi or any of its affiliates or respective partners, officers, directors, employees or agents (collectively, "Indemnified Parties") shall not be liable for any expenses, losses, costs, damages, liabilities, demands, debts, obligations, penalties, charges, claims, causes of action, penalties, fines and taxes of any kind or nature (including legal expenses and attorneys' fees) (whether known or unknown, absolute or contingent, liquidated or unliquidated, direct or indirect, due or to become due, accrued or not accrued, asserted or unasserted, related or not related to a third party claim, or otherwise) (collectively, "Losses") by or with respect to any matters pertaining to My Account, except to the extent that such Losses are actual Losses and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from Hapi's or any of its affiliates' gross negligence or intentional misconduct. In addition, I agree that the Indemnified Parties shall have no liability for, and I agree to indemnify, defend and hold harmless the Indemnified Parties from all Losses that result from: (i) any noncompliance by Me with any of the terms and conditions of this Agreement; (ii) any third-party actions related to My receipt and use of any Information, Market Data, Content, market analysis, other third-party content, or other such information obtained on the App or Website, whether authorized or unauthorized under this Agreement; (iii) any third- party actions related to My use of the App or the Website; (iv) My or My agent's misrepresentation or alleged misrepresentation, or act or omission; (v) Indemnified Parties following My or My agent's directions or instructions, or failing to follow My or My agent's unlawful or unreasonable directions or instructions; (vi) any activities or services of the Indemnified Parties in connection with My Account (including any technology services, reporting, trading, research or capital introduction services); or (vii) the failure by any person not controlled by the Indemnified Parties and their affiliates to perform any obligations to Me. Further, if I authorize or allow third parties to gain access to Hapi's services, including My Accounts, I will indemnify, defend and hold harmless the Indemnified Parties against any Losses arising out of claims or suits by such third parties based upon or relating to such access and use. Hapi does not warrant against loss of use or any direct, indirect or consequential damages or Losses to Me caused by My assent, expressed or implied, to a third party accessing My Account or information, including access provided through any other third party systems or sites. I consent to the use of automated systems or service bureaus by Hapi and its respective affiliates in conjunction with My Account, including automated order entry and execution, record keeping, reporting and account reconciliation and risk management systems (collectively "Automated Systems"). I understand that the use of Automated Systems entails risks, such as interruption or delays of service, errors or omissions in the information provided, system failure and errors in the design or functioning of such Automated Systems (collectively, a "System Failure") that could cause substantial damage, expense, or liability to Me. I understand and agree that Indemnified Parties will have no liability whatsoever for any of my Losses arising out of or relating to a System Failure. I also agree that Firstrade, its respective officers, directors and employees (collectively, “Indemnified Parties”) Parties will have no responsibility or liability to you Me in connection with the performance or non-performance by any exchange, clearing organization, market data provider, or other third party (including other broker-dealers and clearing firms, and banks) or any of their respective agents or affiliates, of its or their obligations relative to any securities. You I agree that Indemnified Parties will have no liability, to you Me or to third parties, or responsibility whatsoever for:: (i) any Losses resulting from a cause over which Indemnified Parties do not have direct control, including the failure of mechanical equipment, unauthorized access, theft, operator errors, government restrictions, force majeure (as defined in this Agreement), market data availability or quality, exchange rulings or suspension of trading; and (ii) any special, indirect, incidental, consequential, punitive or exemplary damages (including lost profits, trading losses and damages) that I may incur in connection with My use of the App, the Website, Xxxx's brokerage, and other services provided by Indemnified Parties under this Agreement.
Appears in 1 contract
Samples: Customer Agreement
Waiver; Limitation of Liability; Indemnification. Online trading has inherent risk due to system response and access times The Customer agrees that may vary due to market conditions, system performance, and other factors. You agree that your the Customer’s use of Firstrade Securities Inc.'s Electronic Services (website the App or mobile app the Website or any other services) service provided by the Broker or its Affiliates is at your the Customer’s sole risk. The services are Broker’s service (including the App, the Website, the provision of Market Data, Information, Content, or any other information provided by the Broker, any of its Affiliates, or any third-party content provider or market data provider) is provided on an “as is,” and “as available”. Neither Firstrade” basis without warranties of any kind, employee nor any third party providers make any representations nor warranties either express or implied, including, statutory (including without limitation, any timeliness, truthfulness, sequence, completeness, accuracy, freedom from interruption), implied warranties arising from trade usage, course of dealing, course of performance, or the implied warranties of merchantability or fitness for a particular purpose in respect or application, other than those warranties which are implied by and incapable of any services provided in connection with exclusion, restriction or modification under the laws applicable to this accountCustomer Agreement. THE CUSTOMER UNDERSTANDS AND AGREES THAT THE BROKER, or any information programs or products obtained from, through, or in connection with these services. In no event will Firstrade or any third party be liable for direct, indirect, incidental, or consequential damages resulting from any defect in or use of these services. You understand that to effect securities transactions will be limited in all respects to the terms and conditions of this agreement and any other agreement between you and Firstrade Securities Inc. Firstrade Securities Inc. will have no liability to you with respect to any transaction or attempted transaction by you which is not in accordance with the terms and conditions specified herein or in such other agreement and you will indemnify Firstrade Securities Inc. from any claim of a third party related to any such transaction or related transaction. YOU UNDERSTAND AND AGREE THAT FIRSTRADEITS AFFILIATES, ITS RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, AND THE PROVIDERS WILL NOT BE LIABLE TO YOU THE CUSTOMER OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, TRADING LOSSES, AND DAMAGES) THAT YOU THE CUSTOMER MAY INCUR IN CONNECTION WITH YOUR THE CUSTOMER’S USE OF THE SERVICE PROVIDED BY FIRSTRADE THE BROKER UNDER THIS CUSTOMER AGREEMENT, INCLUDING YOUR THE CUSTOMER’S USE OF THE APP, THE WEBSITE, THE MARKET DATA, THE INFORMATION, OR THE CONTENT. FIRSTRADETHE BROKER, THE BROKER AFFILIATES, AND ITS THE BROKER’S RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF OUR THE BROKER’S SYSTEM, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONS. You also agree that FirstradeExcept as otherwise provided by law, the Broker or any of its affiliates or respective partners, officers, directors and directors, employees or agents (collectively, “Indemnified Parties”) will shall not be liable for any expenses, losses, costs, damages, liabilities, demands, debts, obligations, penalties, charges, claims, causes of action, penalties, fines and taxes of any kind or nature (including legal expenses and attorneys’ fees) (whether known or unknown, absolute or contingent, liquidated or unliquidated, direct or indirect, due or to become due, accrued or not accrued, asserted or unasserted, related or not related to a third party claim, or otherwise) (collectively, “Losses”) by or with respect to any matters pertaining to the Customer Account, except to the extent that such Losses are actual Losses and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from the Broker’s or any of its affiliates’ gross negligence or intentional misconduct. In addition, the Customer agrees that the Indemnified Parties shall have no responsibility or liability for, and the Customer agrees to you in connection indemnify, defend and hold harmless the Indemnified Parties from all Losses that result from: (i) any noncompliance by the Customer with any of the performance or nonterms and conditions of this Customer Agreement; (ii) any third-performance by party actions related to the Customer’s receipt and use of any exchangeInformation, clearing organizationMarket Data, Content, market data provideranalysis, other third-party content, or other third such information obtained on the App or Website, whether authorized or unauthorized under this Customer Agreement; (iii) any third-party actions related to the Customer’s use of the App or the Website; (including other broker-dealers and clearing firms, and banksiv) or any of their respective agents or affiliates, of its the Customer or their obligations relative to any securities. You agree that agents misrepresentation or alleged misrepresentation, or act or omission; (v) Indemnified Parties will have no liability, to you following the Customer or to third partiesthe Customer’s agent’s directions or instructions, or responsibility whatsoever for:failing to follow the Customer or the Customer’s agent’s unlawful or unreasonable directions or instructions;
Appears in 1 contract
Samples: Account Agreement
Waiver; Limitation of Liability; Indemnification. Online trading has inherent risk due to system response and access times that may vary due to market conditions, system performance, and other factors. You agree that your use of Firstrade Securities Inc.'s Electronic Services (website or mobile app the Platform or any other services) service provided by Robinhood or its Affiliates is at your sole risk. The Robinhood services (including the Platform, the provision of Market Data, Content, or any other information provided by Robinhood, any of its Affiliates, or any third-party content provider or market data provider) are provided on an “as is,” and “as available”. Neither Firstrade” basis without warranties of any kind, employee nor any third party providers make any representations nor warranties either express or implied, including, statutory (including without limitation, any timeliness, truthfulness, sequence, completeness, accuracy, freedom from interruption), implied warranties arising from trade usage, course of dealing, course of performance, or the implied warranties of merchantability or fitness for a particular purpose or application, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement. Although considerable effort is expended to make the Platform and other operational and communications channels available around the clock, Robinhood does not warrant that these channels will be available and error free every minute of the day. You agree that Robinhood will not be responsible for temporary interruptions in respect of any services provided in connection with this accountservice due to maintenance, Platform changes, or any information programs or products obtained fromfailures, through, or in connection with these services. In no event will Firstrade or any third party nor shall Robinhood be liable for directextended interruptions due to failures beyond our control, indirect, incidental, or consequential damages resulting from any defect in or use of these services. You understand that to effect securities transactions will be including but not limited in all respects to the terms failure of interconnecting and conditions operating systems, computer viruses, forces of this agreement nature (including earthquakes and any other agreement between you storms), labor disputes and Firstrade Securities Inc. Firstrade Securities Inc. will have no liability to you with respect to any transaction or attempted transaction by you which is not in accordance with the terms and conditions specified herein or in such other agreement and you will indemnify Firstrade Securities Inc. from any claim of a third party related to any such transaction or related transactionarmed conflicts. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, YOU UNDERSTAND AND AGREE THAT FIRSTRADEROBINHOOD, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND EMPLOYEESAGENTS, AND THE PROVIDERS (COLLECTIVELY THE “ ROBINHOOD PARTIES”) WILL NOT BE LIABLE TO YOU OR TO THIRD PARTIES UNDER FOR ANY CIRCUMSTANCESLOSSES YOU INCUR (MEANING CLAIMS, DAMAGES, ACTIONS, DEMANDS, INVESTMENT LOSSES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, TRADING OTHER LOSSES, AND DAMAGES) THAT YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SERVICE PROVIDED BY FIRSTRADE UNDER THIS AGREEMENTAS WELL AS ANY COSTS, INCLUDING YOUR USE OF THE APPCHARGES, THE WEBSITE, THE MARKET DATA, THE INFORMATIONATTORNEYS’ FEES, OR THE CONTENT. FIRSTRADE, AND ITS RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE OTHER FEES OR EXPENSES) BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICE SERVICES OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF OUR SYSTEMTHEIR RESPECTIVE SYSTEMS, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONS. You also agree that FirstradeExcept as otherwise provided by law, Robinhood and any of its affiliates or respective partners, officers, directors and directors, employees or agents (collectively, “Indemnified Parties”) will shall have no responsibility or liability to you in connection with the performance or non-performance by any exchange, clearing organization, market data provider, or other third party (including other broker-dealers and clearing firmsfor, and banks) or any of their respective agents or affiliatesyou agree to indemnify, of its or their obligations relative to any securities. You agree that defend and hold harmless the Indemnified Parties will have no liability, to you or to third parties, or responsibility whatsoever forfrom all Losses that result from:
Appears in 1 contract
Samples: Robinhood User Account Agreement
Waiver; Limitation of Liability; Indemnification. Online trading has inherent risk due to system response and access times that may vary due to market conditions, system performance, and other factors. You agree that your use of Firstrade Securities Inc.'s Electronic Services (website or mobile app the Platform or any other servicesservice provided by the Broker, or its Market Data, content, or any other information provided by the Broker, any of its Affiliates, or any third- party content provider or market data provider) at your sole risk. The services are provided on an “as is,” and “as available”. Neither Firstrade” basis without warranties of any kind, employee nor any third party providers make any representations nor warranties either express or implied, including, statutory (including without limitation, any timeliness, truthfulness, sequence, completeness, accuracy, freedom from interruption), implied warranties arising from trade usage, course of dealing, course of performance, or the implied warranties of merchantability or fitness for a particular purpose or application, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement. Although considerable effort is expended to make the Platform and other operational and communications channels available around the clock, the Broker does not warrant that these channels will be available and error free every minute of the day. You agree that the Broker will not be responsible for temporary interruptions in respect of any services provided in connection with this accountservice due to maintenance, Platform changes, or any information programs or products obtained fromfailures, through, or in connection with these services. In no event will Firstrade or any third party nor shall the Broker be liable for directextended interruptions due to failures beyond our control, indirect, incidental, or consequential damages resulting from any defect in or use of these services. You understand that to effect securities transactions will be including but not limited in all respects to the terms failure of interconnecting and conditions operating systems, computer viruses, forces of this agreement nature (including earthquakes and any other agreement between you storms), labor disputes and Firstrade Securities Inc. Firstrade Securities Inc. will have no liability to you with respect to any transaction or attempted transaction by you which is not in accordance with the terms and conditions specified herein or in such other agreement and you will indemnify Firstrade Securities Inc. from any claim of a third party related to any such transaction or related transactionarmed conflicts. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, YOU UNDERSTAND AND AGREE THAT FIRSTRADETHE BROKER, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND EMPLOYEESAGENTS, AND THE PROVIDERS WILL NOT BE LIABLE TO YOU OR TO THIRD PARTIES UNDER FOR ANY CIRCUMSTANCESLOSSES YOU INCUR (MEANING CLAIMS, DAMAGES, ACTIONS, DEMANDS, INVESTMENT LOSSES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, TRADING OTHER LOSSES, AND DAMAGES) THAT YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SERVICE PROVIDED BY FIRSTRADE UNDER THIS AGREEMENTAS WELL AS ANY COSTS, INCLUDING YOUR USE OF THE APPCHARGES, THE WEBSITE, THE MARKET DATA, THE INFORMATIONATTORNEYS’ FEES, OR THE CONTENT. FIRSTRADE, AND ITS RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE OTHER FEES OR EXPENSES) BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICE SERVICES OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF OUR SYSTEMTHEIR RESPECTIVE SYSTEMS, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONS. You also agree that FirstradeExcept as otherwise provided by law, the Broker and any of its Affiliates or respective partners, officers, directors and directors, employees or agents (collectively, “Indemnified Parties”) will have no responsibility shall not be liable for, and you agree to indemnify, defend and hold harmless the Indemnified Parties for any expenses, Losses, costs, damages, liabilities, demands, debts, obligations, penalties, charges, claims, causes of action, penalties, fines and taxes of any kind or liability nature (including legal expenses and attorneys’ fees)(whether known or unknown, absolute or contingent, liquidated or unliquidated, direct or indirect, due or to you in connection with the performance become due, accrued or nonnot accrued, asserted or unasserted, related or not related to a third-performance by any exchange, clearing organization, market data providerparty claim, or other third party otherwise)(collectively, “Losses”) that result from: (including other broker-dealers and clearing firms, and banksi) or any noncompliance by you with any of their respective agents or affiliates, the terms and conditions of its or their obligations relative to any securities. You agree that Indemnified Parties will have no liability, to you or to third parties, or responsibility whatsoever for:this Agreement;
Appears in 1 contract
Samples: Customer Agreement
Waiver; Limitation of Liability; Indemnification. Online trading has inherent risk due to system response and access times that may vary due to market conditions, system performance, and other factors. You I agree that your My use of Firstrade Securities Inc.'s Electronic Services (website the App or mobile app the Website or any other services) service provided by Robinhood Financial or its A filiates is at your My sole risk. The services are Robinhood Financial service (including the App, the Website, the provision of Market Data, Information, Content, or any other information provided “by Robinhood Financial, any of its A filiates, or any third-party content provider or market data provider) is provided on an "as is” and “," "as available”. Neither Firstrade" basis without warranties of any kind, employee nor any third party providers make any representations nor warranties either express or implied, including, statutory (including without limitation, any timeliness, truthfulness, sequence, completeness, accuracy, freedom from interruption), implied warranties arising from trade usage, course of dealing, course of performance, or the implied warranties of merchantability or fitness for a particular purpose or application, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement. Although considerable e fort is expended to make the Website, App and other operational and communications channels available around the clock, Robinhood does not warrant that these channels will be available and error free every minute of the day. I agree that Robinhood will not be responsible for temporary interruptions in respect of any services provided in connection with this accountservice due to maintenance, Website or App changes, or any information programs or products obtained fromfailures, through, or in connection with these services. In no event will Firstrade or any third party nor shall Robinhood be liable for directextended interruptions due to failures beyond our control, indirect, incidental, or consequential damages resulting from any defect in or use of these services. You understand that to effect securities transactions will be including but not limited in all respects to the terms failure of interconnecting and conditions operating systems, computer viruses, forces of this agreement nature, labor disputes and any other agreement between you and Firstrade Securities Inc. Firstrade Securities Inc. will have no liability to you with respect to any transaction or attempted transaction by you which is not in accordance with the terms and conditions specified herein or in such other agreement and you will indemnify Firstrade Securities Inc. from any claim of a third party related to any such transaction or related transactionarmed conflicts. YOU EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, I UNDERSTAND AND AGREE THAT FIRSTRADEROBINHOOD, ITS AFFILIAT ES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND EMPLOYEESAGENTS, AND THE PROVIDERS (COLLECTIVELY THE "ROBINHOOD PARTIES") WILL NOT BE LIABLE TO YOU ME OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVERWHAT XXXXXX, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, TRADING LOSSES, AND DAMAGES, LOSS OF PROFITS, REVENUE, OR GOODWILL) THAT YOU I MAY INCUR IN CONNECTION WITH YOUR MY USE OF THE SERVICE PROVIDED BY FIRSTRADE ROBINHOOD OR ANY OF ITS AFFILIAT ES UNDER THIS AGREEMENT, AGREEMENT (INCLUDING YOUR MY USE OF THE APP, THE WEBSITE, THE MARKET DATA, THE INFORMATIONINFORMAT ION, OR THE CONTENT. FIRSTRADE), BREACH OF THIS AGREEMENT, OR ANY TERMINAT ION OF THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND ITS RESPECTIVE OFFICERSWHETHER OR NOT FORESEEABLE, DIRECTORS, AND EMPLOYEES EVEN IF ANY ROBINHOOD PARTY HAS BEEN ADVISED OR WAS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THE ROBINHOOD PARTIES SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF OUR SYSTEMTHEIR RESPECTIVE SYSTEMS, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY REGULAT ORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATIONREGULAT ORY ORGANIZAT ION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONS. You Except as otherwise provided by law, Robinhood or any of its a filiates or respective partners, o ficers, directors, employees or agents (collectively, "Indemnified Parties") shall not be liable for any expenses, losses, costs, damages, liabilities, demands, debts, obligations, penalties, charges, claims, causes of action, penalties, fines and taxes of any kind or nature (including legal expenses and attorneys' fees) (whether known or unknown, absolute or contingent, liquidated or unliquidated, direct or indirect, due or to become due, accrued or not accrued, asserted or unasserted, related or not related to a third party claim, or otherwise) (collectively, "Losses") by or with respect to any matters pertaining to My Account, except to the extent that such Losses are actual Losses and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from Robinhood's or any of its a filiates' gross negligence or intentional misconduct. In addition, I agree that the Indemnified Parties shall have no liability for, and I agree to indemnify, defend and hold harmless the Indemnified Parties from all Losses that result from: (i) any noncompliance by Me with any of the terms and conditions of this Agreement; (ii) any third-party actions related to My receipt and use of any Information, Market Data, Content, market analysis, other third-party content, or other such information obtained on the App or Website, whether authorized or unauthorized under this Agreement; (iii) any third-party actions related to My use of the App or the Website; (iv) My or My agent's misrepresentation or alleged misrepresentation, or act or omission; (v) Indemnified Parties following My or My agent's directions or instructions, or failing to follow My or My agent's unlawful or unreasonable directions or instructions; (vi) any activities or services of the Indemnified Parties in connection with My Account (including any technology services, reporting, trading, research or capital introduction services); or (vii) the failure by any person not controlled by the Indemnified Parties and their a filiates to perform any obligations to Me. Further, if I authorize or allow third parties to gain access to Robinhood's services, including My Accounts, I will indemnify, defend and hold harmless the Indemnified Parties against any Losses arising out of claims or suits by such third parties based upon or relating to such access and use. Robinhood does not warrant against loss of use or any direct, indirect or consequential damages or Losses to Me caused by My assent, expressed or implied, to a third party accessing My Account or information, including access provided through any other third party systems or sites. I consent to the use of automated systems or service bureaus by Robinhood and its respective a filiates in conjunction with My Account, including automated order entry and execution, record keeping, reporting and account reconciliation and risk management systems (collectively "Automated Systems"). I understand that the use of Automated Systems entails risks, such as interruption or delays of service, errors or omissions in the information provided, system failure and errors in the design or functioning of such Automated Systems (collectively, a "System Failure") that could cause substantial damage, expense, or liability to Me. I understand and agree that Indemnified Parties will have no liability whatsoever for any of my Losses arising out of or relating to a System Failure. I also agree that Firstrade, its respective officers, directors and employees (collectively, “Indemnified Parties”) Parties will have no responsibility or liability to you Me in connection with the performance or non-non- performance by any exchange, clearing organization, market data provider, or other third party (including other broker-dealers and clearing firms, and banks) or any of their respective agents or affiliatesa filiates, of its or their obligations relative to any securities. You I agree that Indemnified Parties will have no liability, to you Me or to third parties, or responsibility whatsoever for:: (i) any Losses resulting from a cause over which Indemnified Parties do not have direct control, including the failure of mechanical equipment, unauthorized access, theft, operator errors, government restrictions, force majeure (as defined in this Agreement), market data availability or quality, exchange rulings or suspension of trading; and (ii) any special, indirect, incidental, consequential, punitive or exemplary damages (including lost profits, trading losses and damages) that I may incur in connection with My use of the App, the Website, Robinhood's brokerage, and other services provided by Indemnified Parties under this Agreement.
Appears in 1 contract
Samples: assets.ctfassets.net
Waiver; Limitation of Liability; Indemnification. Online trading has inherent risk due to system response and access times that may vary due to market conditions, system performance, and other factors. You agree that your Your use of Firstrade Securities Inc.'s Electronic Services (website or mobile app the Platform or any other services) service provided by the Broker, or its Affiliates, is at your Your sole risk. The Broker’s services (including the Platform, the provision of Market Data, content, or any other information provided by the Broker, any of its Affiliates, or any third-party content provider or market data provider) are provided on an “as is,” and “as available”. Neither Firstrade” basis without warranties of any kind, employee nor any third party providers make any representations nor warranties either express or implied, including, statutory (including without limitation, any timeliness, truthfulness, sequence, completeness, accuracy, freedom from interruption), implied warranties arising from usage, course of dealing, course of performance, or the implied warranties of merchantability or fitness for a particular purpose or application, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Customer Agreement. Although considerable effort is expended to make the Platform and other operational and communications channels available around the clock, the Broker does not warrant that these channels will be available and error free every minute of the day. You agree that the Broker will not be responsible for temporary interruptions in respect of any services provided in connection with this accountservice due to maintenance, Platform changes, or any information programs or products obtained fromfailures, through, or in connection with these services. In no event will Firstrade or any third party nor shall the Broker be liable for directextended interruptions due to failures beyond our control, indirect, incidental, or consequential damages resulting from any defect in or use of these services. You understand that to effect securities transactions will be including but not limited in all respects to the terms failure of interconnecting and conditions operating systems, computer viruses, forces of this agreement nature (including earthquakes and any other agreement between you storms), labor disputes and Firstrade Securities Inc. Firstrade Securities Inc. will have no liability to you with respect to any transaction or attempted transaction by you which is not in accordance with the terms and conditions specified herein or in such other agreement and you will indemnify Firstrade Securities Inc. from any claim of a third party related to any such transaction or related transactionarmed conflicts. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS CUSTOMER AGREEMENT, YOU UNDERSTAND AND AGREE THAT FIRSTRADETHE BROKER, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND EMPLOYEESAGENTS, AND THE PROVIDERS WILL NOT BE LIABLE TO YOU OR TO THIRD PARTIES UNDER FOR ANY CIRCUMSTANCESLOSSES YOU INCUR (MEANING CLAIMS, DAMAGES, ACTIONS, DEMANDS, INVESTMENT LOSSES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, TRADING OTHER LOSSES, AND DAMAGES) THAT YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SERVICE PROVIDED BY FIRSTRADE UNDER THIS AGREEMENTAS WELL AS ANY COSTS, INCLUDING YOUR USE OF THE APPCHARGES, THE WEBSITE, THE MARKET DATA, THE INFORMATIONATTORNEYS’ FEES, OR THE CONTENT. FIRSTRADE, AND ITS RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE OTHER FEES OR EXPENSES) BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICE SERVICES OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF OUR SYSTEMTHEIR RESPECTIVE SYSTEMS, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONS. You also agree that FirstradeExcept as otherwise provided by law, the Broker and any of its Affiliates or respective partners, officers, directors directors, employees or agents (collectively, “ Indemnified Parties”) shall not be liable for, and employees You agree to indemnify, defend and hold harmless the Indemnified Parties for any expenses, Losses, costs, damages, liabilities, demands, debts, obligations, penalties, charges, claims, causes of action, penalties, fines and taxes of any kind or nature (including legal expenses and attorneys’ fees)(whether known or unknown, absolute or contingent, liquidated or unliquidated, direct or indirect, due or to become due, accrued or not accrued, asserted or unasserted, related or not related to a third-party claim, or otherwise) (collectively, “Indemnified PartiesLosses”) will have no responsibility or liability that result from: (i) any noncompliance by You with any of the terms and conditions of this Customer Agreement; (ii) any third-party actions related to you in connection with the performance or non-performance by Your receipt and use of any exchangemarket data, clearing organizationcontent, market data provideranalysis, other third-party content, or other third such information obtained on the Platform, whether authorized or unauthorized under this Customer Agreement; (iii) any third-party actions related to Your use of the Platform; (including other broker-dealers and clearing firms, and banksiv) Your or any of their respective agents Your agent’s misrepresentation or affiliates, of its or their obligations relative to any securities. You agree that Indemnified Parties will have no liability, to you or to third partiesalleged misrepresentation, or responsibility whatsoever for:act or omission;
Appears in 1 contract
Samples: Customer Agreement
Waiver; Limitation of Liability; Indemnification. Online trading has inherent risk due to system response and access times that may vary due to market conditions, system performance, and other factors. You I agree that your My use of Firstrade Securities Inc.'s Electronic Services (website the App or mobile app the Website or any other services) service provided by Bamboo or its Affiliates is at your My sole risk. The services are Bamboo service (including the App, the Website, the provision of Market Data, Information, Content, or any other information provided by Bamboo, any of its Affiliates, or any third- party content provider or market data provider) is provided on an “as is,” and “as available”. Neither Firstrade” basis without warranties of any kind, employee nor any third party providers make any representations nor warranties either express or implied, including, statutory (including without limitation, any timeliness, truthfulness, sequence, completeness, accuracy, freedom from interruption), implied warranties arising from trade usage, course of dealing, course of performance, or the implied warranties of merchantability or fitness for a particular purpose in respect or application, other than those warranties which are implied by and incapable of any services provided in connection with exclusion, restriction or modification under the laws applicable to this account, or any information programs or products obtained from, through, or in connection with these servicesAgreement. In no event will Firstrade or any third party be liable for direct, indirect, incidental, or consequential damages resulting from any defect in or use of these services. You understand that to effect securities transactions will be limited in all respects to the terms and conditions of this agreement and any other agreement between you and Firstrade Securities Inc. Firstrade Securities Inc. will have no liability to you with respect to any transaction or attempted transaction by you which is not in accordance with the terms and conditions specified herein or in such other agreement and you will indemnify Firstrade Securities Inc. from any claim of a third party related to any such transaction or related transaction. YOU I UNDERSTAND AND AGREE THAT FIRSTRADEYOU, ITS YOUR AFFILIATES, YOUR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, AND THE PROVIDERS WILL NOT BE LIABLE TO YOU ME OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, TRADING LOSSES, AND DAMAGES) THAT YOU I MAY INCUR IN CONNECTION WITH YOUR MY USE OF THE SERVICE PROVIDED BY FIRSTRADE YOU UNDER THIS AGREEMENT, INCLUDING YOUR MY USE OF THE APP, THE WEBSITE, THE MARKET DATA, THE INFORMATION, OR THE CONTENT. FIRSTRADEYOU, YOUR AFFILIATES, AND ITS YOUR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF OUR YOUR SYSTEM, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONS. You also agree that FirstradeExcept as otherwise provided by law, Bamboo or any of its affiliates or respective partners, officers, directors and directors, employees or agents (collectively, “Indemnified Parties”) will have no responsibility shall not be liable for any expenses, losses, costs, damages, liabilities, demands, debts, obligations, penalties, charges, claims, causes of action, penalties, fines and taxes of any kind or liability nature (including legal expenses and attorneys’ fees) (whether known or unknown, absolute or contingent, liquidated or unliquidated, direct or indirect, due or to you become due, accrued or not accrued, asserted or unasserted, related or not related to a third party claim, or otherwise) (collectively, “Losses”) by or with respect to any matters pertaining to My Account, except to the extent that such Losses are actual Losses and are determined by a court of competent jurisdiction or an arbitration panel in connection with the performance or a final non-performance by any exchange, clearing organization, market data provider, appealable judgment or other third party (including other broker-dealers and clearing firms, and banks) order to have resulted solely from Bamboo or any of their respective agents its affiliates’ gross negligence or affiliatesintentional misconduct. In addition, of its or their obligations relative to any securities. You I agree that the Indemnified Parties will shall have no liabilityliability for, and I agree to you or to third partiesindemnify, or responsibility whatsoever fordefend and hold harmless the Indemnified Parties from all Losses that result from:
Appears in 1 contract
Samples: Bamboo Systems Technology Limited Customer Agreement
Waiver; Limitation of Liability; Indemnification. Online trading has inherent risk due to system response and access times that may vary due to market conditions, system performance, and other factors. You agree that your use of Firstrade Securities Inc.'s Electronic Services (website or mobile app or any other services) at your sole risk. The services are provided “as is” and “as available”. Neither Firstrade, employee nor any third party is”noraannydthird“paartsy providers make any representations nor warranties express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose in respect of any services provided in connection with this account, or any information programs or products obtained from, throughavail though, or in connection with these services. In no event will Firstrade or any third party be liable for direct, indirect, incidental, or consequential damages resulting from any defect in or use of these services. You understand that to effect securities transactions will be limited in all respects to the terms and conditions of this agreement and any other agreement between you and Firstrade Securities Inc. Firstrade Securities Inc. will have no liability to you with respect to any transaction or attempted transaction by you which is not in accordance with the terms and conditions specified herein or in such other agreement and you will indemnify Firstrade Securities Inc. from any claim of a third party related to any such transaction or related transaction. YOU UNDERSTAND AND AGREE THAT FIRSTRADE, ITS RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, AND PROVIDERS WILL NOT BE LIABLE TO YOU OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, TRADING LOSSES, AND DAMAGES) THAT YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SERVICE PROVIDED BY FIRSTRADE UNDER THIS AGREEMENT, INCLUDING YOUR USE OF THE APP, THE WEBSITE, THE MARKET DATA, THE INFORMATION, OR THE CONTENT. FIRSTRADE, AND ITS RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF OUR SYSTEM, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONS. You also agree that Firstrade, its respective officers, directors and employees (collectively, “Indemnified Parties”) will Parties”w)ill have no responsibility or liability to you in connection with the performance or non-performance by any exchange, clearing organization, market data provider, or other third party (including other broker-dealers and clearing firms, and banks) or any of their respective agents or affiliates, of its or their obligations relative to any securities. You agree that Indemnified Parties will have no liability, to you or to third parties, or responsibility whatsoever for:
Appears in 1 contract
Samples: Electronic Services Agreement
Waiver; Limitation of Liability; Indemnification. Online trading has inherent risk due to system response and access times The Customer agrees that may vary due to market conditions, system performance, and other factors. You agree that your the Customer’s use of Firstrade Securities Inc.'s Electronic Services (website or mobile app the Website or any other services) service provided by the Broker or its Affiliates is at your the Customer’s sole risk. The services are Broker’s service (including the Website, the provision of Market Data, Information, Content, or any other information provided by the Broker, any of its Affiliates, or any third-party content provider or market data provider) is provided on an “as is,” and “as available”. Neither Firstrade” basis without warranties of any kind, employee nor any third party providers make any representations nor warranties either express or implied, including, statutory (including without limitation, any timeliness, truthfulness, sequence, completeness, accuracy, freedom from interruption), implied warranties arising from trade usage, course of dealing, course of performance, or the implied warranties of merchantability or fitness for a particular purpose in respect or application, other than those warranties which are implied by and incapable of any services provided in connection with exclusion, restriction or modification under the laws applicable to this accountCustomer Agreement. THE CUSTOMER UNDERSTANDS AND AGREES THAT THE BROKER, or any information programs or products obtained from, through, or in connection with these services. In no event will Firstrade or any third party be liable for direct, indirect, incidental, or consequential damages resulting from any defect in or use of these services. You understand that to effect securities transactions will be limited in all respects to the terms and conditions of this agreement and any other agreement between you and Firstrade Securities Inc. Firstrade Securities Inc. will have no liability to you with respect to any transaction or attempted transaction by you which is not in accordance with the terms and conditions specified herein or in such other agreement and you will indemnify Firstrade Securities Inc. from any claim of a third party related to any such transaction or related transaction. YOU UNDERSTAND AND AGREE THAT FIRSTRADEITS AFFILIATES, ITS RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, AND THE PROVIDERS WILL NOT BE LIABLE TO YOU THE CUSTOMER OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, TRADING LOSSES, AND DAMAGES) THAT YOU THE CUSTOMER MAY INCUR IN CONNECTION WITH YOUR THE CUSTOMER’S USE OF THE SERVICE PROVIDED BY FIRSTRADE THE BROKER UNDER THIS CUSTOMER AGREEMENT, INCLUDING YOUR THE CUSTOMER’S USE OF THE APP, THE WEBSITE, THE MARKET DATA, THE INFORMATION, OR THE CONTENT. FIRSTRADETHE BROKER, THE BROKER AFFILIATES, AND ITS THE BROKER’S RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF OUR THE BROKER’S SYSTEM, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONS. You also agree that FirstradeExcept as otherwise provided by law, the Broker or any of its affiliates or respective partners, officers, directors and directors, employees or agents (collectively, “Indemnified Parties”) shall not be liable for any expenses, losses, costs, damages, liabilities, demands, debts, obligations, penalties, charges, claims, causes of action, penalties, fines and taxes of any kind or nature (including legal expenses and attorneys’ fees) (whether known or unknown, absolute or contingent, liquidated or unliquidated, direct or indirect, due or to become due, accrued or not accrued, asserted or unasserted, related or not related to a third party claim, or otherwise) (collectively, “Losses”) by or with respect to any matters pertaining to the Customer Account, except to the extent that such Losses are actual Losses and are determined by a court of competent jurisdiction or an arbitration panel in a final non- appealable judgment or order to have resulted solely from the Broker’s or any of its affiliates’ gross negligence or intentional misconduct. In addition, the Customer agrees that the Indemnified Parties shall have no liability for, and the Customer agrees to indemnify, defend and hold harmless the Indemnified Parties from all Losses that result from: (i) any noncompliance by the Customer with any of the terms and conditions of this Customer Agreement; (ii) any third-party actions related to the Customer’s receipt and use of any Information, Market Data, Content, market analysis, other third-party content, or other such information obtained on the Website, whether authorized or unauthorized under this Customer Agreement; (iii) any third-party actions related to the Customer’s use of the Website; (iv) the Customer or the Customer’s agent misrepresentation or alleged misrepresentation, or act or omission; (v) Indemnified Parties following the Customer or the Customer’s agent’s directions or instructions, or failing to follow the Customer or the Customer’s agent’s unlawful or unreasonable directions or instructions; (vi) any activities or services of the Indemnified Parties in connection with the Customer Account (including any technology services, reporting, trading, research or capital introduction services); or (vii) the failure by any person not controlled by the Indemnified Parties and their affiliates to perform any obligations to the Customer. Further, if the Customer authorizes or allows third parties to gain access to the Broker’s services, including the Customer’s Accounts, the Customer will indemnify, defend and hold harmless the Broker, its Affiliates, and the Broker and its Affiliates’ respective officers and employees against any Losses arising out of claims or suits by such third parties based upon or relating to such access and use. The Broker does not warrant against loss of use or any direct, indirect or consequential damages or Losses to the Customer caused by the Customer’s assent, expressed or implied, to a third party accessing the Customer Account or information, including access provided through any other third party systems or sites. The Customer consents to the use of automated systems or service bureaus by the Broker and the Broker’s respective affiliates in conjunction with the Customer Account, including automated order entry and execution, record keeping, reporting and account reconciliation and risk management systems (collectively “Automated Systems”). The Customer understands that the use of Automated Systems entails risks, such as interruption or delays of service, errors or omissions in the information provided, system failure and errors in the design or functioning of such Automated Systems (collectively, a “System Failure”) that could cause substantial damage, expense, or liability to the Customer. The Customer understands and agrees that Indemnified Parties will have no liability whatsoever for any of the Customer’s Losses arising out of or relating to a System Failure. The Customer also agrees that Indemnified Parties will have no responsibility or liability to you the Customer in connection with the performance or non-performance by any exchange, clearing organization, market data provider, or other third party (including other broker-dealers and clearing firms, and banks) or any of their respective agents or affiliates, of its or their obligations relative to any securities. You agree The Customer agrees that Indemnified Parties will have no liability, to you the Customer or to third parties, or responsibility whatsoever for:: (i) any Losses resulting from a cause over which Indemnified Parties do not have direct control, including the failure of mechanical equipment, unauthorized access, theft, operator errors, government restrictions, force majeure (as defined in this Customer Agreement), market data availability or quality, exchange rulings or suspension of trading; and (ii) any special, indirect, incidental, consequential, punitive or exemplary damages (including lost profits, trading losses and damages) that the Customer may incur in connection with the Customer’s use of the Website, and other services provided by Indemnified Parties under this Customer Agreement. Further, if the Customer authorizes or allows third parties to gain access to the Broker’s services, including the Customer Accounts, the Customer will indemnify, defend and hold harmless the Broker, its affiliates, and the Broker and its affiliates’ respective officers and employees against any Losses arising out of claims or suits by such third parties based upon or relating to such access and use.
Appears in 1 contract
Samples: altruist.com
Waiver; Limitation of Liability; Indemnification. Online trading has inherent risk due to system response and access times that may vary due to market conditions, system performance, and other factors. You I agree that your My use of Firstrade Securities Inc.'s Electronic Services (website the App or mobile app the Website or any other services) service provided by RefundWizTM or its Affiliates is at your My sole risk. The services are RefundWizTM service (including the App, the Website, the provision of Information, Content, or any other information provided by RefundWizTM, any of its Affiliates, or any third-party content provider or market data provider) is provided on an “as is” and , “as available”. Neither Firstradeavailable “basis without warranties of any kind, employee nor any third party providers make any representations nor warranties either express or implied, including, statutory (including without limitation, any timeliness, truthfulness, sequence, completeness, accuracy, freedom from interruption), implied warranties arising from trade usage, course of dealing, course of performance, or the implied warranties of merchantability or fitness for a particular purpose or application, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement. Although considerable effort is expended to make the Website, App, and other operational and communications channels available around the clock, RefundWizTM does not warrant that these channels will be available and error-free every minute of the day. I agree that RefundWizTM will not be responsible for temporary interruptions in respect of any services provided in connection with this accountservice due to maintenance, Website or App changes, or any information programs or products obtained fromfailures, through, or in connection with these services. In no event will Firstrade or any third party nor shall RefundWizTM be liable for directextended interruptions due to failures beyond our control, indirect, incidental, or consequential damages resulting from any defect in or use of these services. You understand that to effect securities transactions will be including but not limited in all respects to the terms failure of interconnecting and conditions operating systems, computer viruses, forces of this agreement nature, labor disputes and any other agreement between you and Firstrade Securities Inc. Firstrade Securities Inc. will have no liability to you with respect to any transaction or attempted transaction by you which is not in accordance with the terms and conditions specified herein or in such other agreement and you will indemnify Firstrade Securities Inc. from any claim of a third party related to any such transaction or related transactionarmed conflicts. YOU UNDERSTAND AND AGREE THAT FIRSTRADE, ITS RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, AND PROVIDERS WILL NOT BE LIABLE TO YOU OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, TRADING LOSSES, AND DAMAGES) THAT YOU MAY INCUR EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICE PROVIDED BY FIRSTRADE UNDER THIS AGREEMENT, INCLUDING YOUR USE EVEN IF ANY RefundWizTM PARTY HAS BEEN ADVISED OR WAS AWARE OF THE APP, POSSIBILITY OF SUCH LOSS OR DAMAGES. THE WEBSITE, THE MARKET DATA, THE INFORMATION, OR THE CONTENT. FIRSTRADE, AND ITS RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES RefundWizTM PARTIES SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF OUR SYSTEMTHEIR RESPECTIVE SYSTEMS, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, PERFORMANCE OR THOSE CAUSED BY SOFTWARE REGULATOR REGULATORS OR HARDWARE MALFUNCTIONS. You also agree that FirstradeExcept as otherwise provided by law, RefundWizTM or any of its affiliates or respective partners, officers, directors and directors, employees or agents (collectively, “Indemnified Parties”) shall not be liable for any expenses, losses, costs, damages, liabilities, demands, debts, obligations, penalties, charges, claims, causes of action, penalties, fines and taxes of any kind or nature (including legal expenses and attorneys’ fees) (whether known or unknown, absolute or contingent, liquidated or unliquidated, direct or indirect, due or to become due, accrued or not accrued, asserted or unasserted, related or not related to a third-party claim, or otherwise) (collectively, “Losses”) by or with respect to any matters pertaining to My Account, except to the extent that such Losses are actual Losses and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from RefundWiz’s or any of its affiliates’ gross negligence or intentional misconduct. In addition, I agree that the Indemnified Parties shall have no liability for, and I agree to indemnify, defend and hold harmless the Indemnified Parties from all Losses that result from: (i) any noncompliance by Me with any of the terms and conditions of this Agreement; (ii) any third-party actions related to My receipt and use of any Information, Market Data, Content, market analysis, other third-party content, or other such information obtained on the App or Website, whether authorized or unauthorized under this Agreement ; (iii) any third-party actions related to My use of the App or the Website; (iv) My or My agent’s misrepresentation or alleged misrepresentation, or act or omission; (v) Indemnified Parties following My or My agent’s directions or instructions, or failing to follow My or My agent’s unlawful or unreasonable directions or instructions; (vi) any activities or services of the Indemnified Parties in connection with My Account (including any technology services, reporting, trading, research or capital introduction services); or (vii) the failure by any person not controlled by the Indemnified Parties and their affiliates to perform any obligations to Me. Further, if I authorize or allow third parties to gain access to RefundWiz’s services, including My Accounts, I will indemnify, defend and hold harmless the Indemnified Parties against any Losses arising out of claims or suits by such third parties based upon or relating to such access and use. RefundWizTM does not warrant against loss of use or any direct, indirect, or consequential damages or Losses to Me caused by My assent expressed or implied, to a third party accessing My Account or information, including access provided through any other third party systems or sites. I consent to the use of automated systems or service bureaus by RefundWizTM and its respective affiliates in conjunction with My Account, including automated order entry and execution, record keeping, reporting, and account reconciliation and risk management systems (collectively “Automated Systems”). I understand that the use of Automated Systems entails risks, such as interruption or delays of service, errors or omissions in the information provided, system failure, and errors in the design or functioning of such Automated Systems (collectively, a “System Failure”) that could cause substantial damage, expense, or liability to Me. I understand and agree that Indemnified Parties will have no liability whatsoever for any of my Losses arising out of or relating to a System Failure. I also agree that Indemnified Parties will have no responsibility or liability to you Me in connection with the performance or non-performance nonperformance by any exchange, clearing organization, market data provider, or other third party parties (including other broker-broker- dealers and clearing firms, and banksbanks ) or any of their respective agents or affiliates, of its or their obligations relative to any securities. You I agree that Indemnified Parties will have no liability, to you Me or to third parties, or responsibility whatsoever for:for (i) any Losses resulting from a cause over which Indemnified Parties do not have direct control, including the failure of mechanical equipment, unauthorized access, theft, operator errors, government restrictions, force majeure (as defined in this Agreement), market data availability or quality, exchange rulings or suspension of trading; and (ii) any special, indirect, incidental, consequential, punitive or exemplary damages (including lost profits, trading losses, and damages) that I may incur in connection with My use of the App, the Website, RefundWiz’s brokerage, and other services provided by Indemnified Parties under this Agreement.
Appears in 1 contract
Samples: Terms and Conditions
Waiver; Limitation of Liability; Indemnification. Online trading has inherent risk due to system response and access times that may vary due to market conditions, system performance, and other factors. You I agree that your My use of Firstrade Securities Inc.'s Electronic Services (website the App or mobile app the Website or any other services) service provided by Robinhood Financial or its Affiliates is at your My sole risk. The services are Robinhood Financial service (including the App, the Website, the provision of Market Data, Information, Content, or any other information provided “by Robinhood Financial, any of its Affiliates, or any third-party content provider or market data provider) is provided on an "as is” and “," "as available”. Neither Firstrade" basis without warranties of any kind, employee nor any third party providers make any representations nor warranties either express or implied, including, statutory (including without limitation, any timeliness, truthfulness, sequence, completeness, accuracy, freedom from interruption), implied warranties arising from trade usage, course of dealing, course of performance, or the implied warranties of merchantability or fitness for a particular purpose in respect or application, other than those warranties which are implied by and incapable of any services provided in connection with exclusion, restriction or modification under the laws applicable to this account, or any information programs or products obtained from, through, or in connection with these servicesAgreement. In no event will Firstrade or any third party be liable for direct, indirect, incidental, or consequential damages resulting from any defect in or use of these services. You understand that to effect securities transactions will be limited in all respects to the terms and conditions of this agreement and any other agreement between you and Firstrade Securities Inc. Firstrade Securities Inc. will have no liability to you with respect to any transaction or attempted transaction by you which is not in accordance with the terms and conditions specified herein or in such other agreement and you will indemnify Firstrade Securities Inc. from any claim of a third party related to any such transaction or related transaction. YOU I UNDERSTAND AND AGREE THAT FIRSTRADEYOU, ITS YOUR AFFILIATES, YOUR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, AND THE PROVIDERS WILL NOT BE LIABLE TO YOU ME OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, TRADING LOSSES, AND DAMAGES) THAT YOU I MAY INCUR IN CONNECTION WITH YOUR MY USE OF THE SERVICE PROVIDED BY FIRSTRADE YOU UNDER THIS AGREEMENT, INCLUDING YOUR MY USE OF THE APP, THE WEBSITE, THE MARKET DATA, THE INFORMATION, OR THE CONTENT. FIRSTRADEYOU, YOUR AFFILIATES, AND ITS YOUR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF OUR YOUR SYSTEM, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONS. You also agree that FirstradeExcept as otherwise provided by law, its You, Apex or any of Your or Apex’s affiliates or respective partners, officers, directors and directors, employees or agents (collectively, “Indemnified Parties”) shall not be liable for any expenses, losses, costs, damages, liabilities, demands, debts, obligations, penalties, charges, claims, causes of action, penalties, fines and taxes of any kind or nature (including legal expenses and attorneys’ fees) (whether known or unknown, absolute or contingent, liquidated or unliquidated, direct or indirect, due or to become due, accrued or not accrued, asserted or unasserted, related or not related to a third party claim, or otherwise) (collectively, “Losses”) by or with respect to any matters pertaining to My Account, except to the extent that such Losses are actual Losses and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from Your, Apex’s or any of Your or Apex’s affiliates’ gross negligence or intentional misconduct; further provided, that You or Your Affiliates shall not be liable for any Losses that have resulted from Apex’s or any of Apex’s affiliates’ gross negligence or intentional misconduct. In addition, I agree that the Indemnified Parties shall have no liability for, and I agree to indemnify, defend and hold harmless the Indemnified Parties from all Losses that result from: (i) any noncompliance by Me with any of the terms and conditions of this Agreement; (ii) any third-party actions related to My receipt and use of any Information, Market Data, Content, market analysis, other third-party content, or other such information obtained on the App or Website, whether authorized or unauthorized under this Agreement; (iii) any third-party actions related to My use of the App or the Website; (iv) My or My agent’s misrepresentation or alleged misrepresentation, or act or omission; (v) Indemnified Parties following My or My agent’s directions or instructions, or failing to follow My or My agent’s unlawful or unreasonable directions or instructions; (vi) any activities or services of the Indemnified Parties in connection with My Account (including any technology services, reporting, trading, research or capital introduction services); or (vii) the failure by any person not controlled by the Indemnified Parties and their affiliates to perform any obligations to Me. Further, if I authorize or allow third parties to gain access to Your services, including My Accounts, I will indemnify, defend and hold harmless You, Your Affiliates, and Your and Your Affiliates’ respective officers and employees against any Losses arising out of claims or suits by such third parties based upon or relating to such access and use. Robinhood Financial does not warrant against loss of use or any direct, indirect or consequential damages or Losses to Me caused by My assent, expressed or implied, to a third party accessing My Account or information, including access provided through any other third party systems or sites. I consent to the use of automated systems or service bureaus by You and Apex and Your respective affiliates in conjunction with My Account, including automated order entry and execution, record keeping, reporting and account reconciliation and risk management systems (collectively “Automated Systems”). I understand that the use of Automated Systems entails risks, such as interruption or delays of service, errors or omissions in the information provided, system failure and errors in the design or functioning of such Automated Systems (collectively, a “System Failure”) that could cause substantial damage, expense, or liability to Me. I understand and agree that Indemnified Parties will have no liability whatsoever for any of My Losses arising out of or relating to a System Failure. I also agree that Indemnified Parties will have no responsibility or liability to you Me in connection with the performance or non-performance by any exchange, clearing organization, market data provider, or other third party (including other broker-dealers and clearing firms, and banks) or any of their respective agents or affiliates, of its or their obligations relative to any securities. You I agree that Indemnified Parties will have no liability, to you Me or to third parties, or responsibility whatsoever for:: (i) any Losses resulting from a cause over which Indemnified Parties do not have direct control, including the failure of mechanical equipment, unauthorized access, theft, operator errors, government restrictions, force majeure (as defined in this Agreement), market data availability or quality, exchange rulings or suspension of trading; and (ii) any special, indirect, incidental, consequential, punitive or exemplary damages (including lost profits, trading losses and damages) that I may incur in connection with My use of the App, the Website, Your or Apex’s brokerage, and other services provided by Indemnified Parties under this Agreement. Further, if I authorize or allow third parties to gain access to Your services, including My Accounts, I will indemnify, defend and hold harmless You, Your affiliates, and Your and Your affiliates’ respective officers and employees against any Losses arising out of claims or suits by such third parties based upon or relating to such access and use.
Appears in 1 contract
Waiver; Limitation of Liability; Indemnification. Online trading has inherent risk due to system response and access times The Customer agrees that may vary due to market conditions, system performance, and other factors. You agree that your the Customer’s use of Firstrade Securities Inc.'s Electronic Services (website or mobile app the Website or any other services) service provided by Altruist or its Affiliates is at your the Customer’s sole risk. The services are Altruist’s service (including the Website, the provision of Market Data, Information, Content, or any other information provided by Altruist, any of its Affiliates, or any third-party content provider or market data provider) is provided on an “as is,” and “as available”. Neither Firstrade” basis without warranties of any kind, employee nor any third party providers make any representations nor warranties either express or implied, including, statutory (including without limitation, any timeliness, truthfulness, sequence, completeness, accuracy, freedom from interruption), implied warranties arising from trade usage, course of dealing, course of performance, or the implied warranties of merchantability or fitness for a particular purpose or application, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Customer Agreement. Although considerable effort is expended to make the Website and other operational and communications channels available around the clock, Altruist does not warrant that these channels will be available and error free every minute of the day. The Customer agrees that Altruist will not be responsible for temporary interruptions in respect of any services provided in connection with this accountservice due to maintenance, Website or other technological changes, or any information programs or products obtained fromfailures, through, or in connection with these services. In no event will Firstrade or any third party nor shall Altruist be liable for directextended interruptions due to failures beyond Broker’s control, indirect, incidental, or consequential damages resulting from any defect in or use of these services. You understand that to effect securities transactions will be including but not limited in all respects to the terms failure of interconnecting and conditions operating systems, computer viruses, forces of this agreement nature, labor disputes and any other agreement between you and Firstrade Securities Inc. Firstrade Securities Inc. will have no liability to you with respect to any transaction or attempted transaction by you which is not in accordance with the terms and conditions specified herein or in such other agreement and you will indemnify Firstrade Securities Inc. from any claim of a third party related to any such transaction or related transactionarmed conflicts. YOU UNDERSTAND THE CUSTOMER UNDERSTANDS AND AGREE AGREES THAT FIRSTRADEALTRUIST, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, CONTRACTORS, AND THIRD-PARTY PROVIDERS WILL NOT BE LIABLE TO YOU THE CUSTOMER OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, TRADING LOSSES, AND DAMAGES) THAT YOU THE CUSTOMER MAY INCUR IN CONNECTION WITH YOUR THE CUSTOMER’S USE OF THE SERVICE PROVIDED BY FIRSTRADE ALTRUIST UNDER THIS CUSTOMER AGREEMENT, INCLUDING YOUR THE CUSTOMER’S USE OF THE APP, THE WEBSITE, THE MARKET DATA, THE INFORMATION, OR THE CONTENT. FIRSTRADEALTRUIST, ALTRUIST AFFILIATES, AND ITS ALTRUIST’S RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF OUR ALTRUIST’S SYSTEM, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONS. You also agree that FirstradeExcept as otherwise provided by law, Altruist or any of its Affiliates or respective partners, officers, directors and directors, employees or agents (collectively, “Indemnified Parties”) shall not be liable for any expenses, losses, costs, damages, liabilities, demands, debts, obligations, penalties, charges, claims, causes of action, penalties, fines and taxes of any kind or nature (including legal expenses and attorneys’ fees) (whether known or unknown, absolute or contingent, liquidated or unliquidated, direct or indirect, due or to become due, accrued or not accrued, asserted or unasserted, related or not related to a third-party claim, or otherwise) (collectively, “Losses”) by or with respect to any matters pertaining to the Customer Account, except to the extent that such Losses are actual Losses and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from Altruist’s or any of its Affiliates’ gross negligence or intentional misconduct. In addition, the Customer agrees that the Indemnified Parties shall have no liability for, and the Customer agrees to indemnify, defend and hold harmless the Indemnified Parties from all Losses that result from: (i) any noncompliance by the Customer with any of the terms and conditions of this Customer Agreement; (ii) any third-party actions related to the Customer’s receipt and use of any Information, Market Data, Content, market analysis, other third-party content, or other such information obtained on the Website, whether authorized or unauthorized under this Customer Agreement; (iii) any third-party actions related to the Customer’s use of the Website; (iv) the Customer or the Customer’s agent misrepresentation or alleged misrepresentation, or act or omission; (v) Indemnified Parties following the Customer or the Customer’s agent’s directions or instructions, or failing to follow the Customer or the Customer’s agent’s unlawful or unreasonable directions or instructions; (vi) any activities or services of the Indemnified Parties in connection with the Customer Account (including any technology services, reporting, trading, research or capital introduction services); or (vii) the failure by any person not controlled by the Indemnified Parties and their Affiliates to perform any obligations to the Customer. Further, if the Customer authorizes or allows third parties to gain access to Altruist’s services, including the Customer’s Accounts, the Customer will indemnify, defend and hold harmless Altruist, its Affiliates, and Altruist and its Affiliates’ respective officers and employees against any Losses arising out of claims or suits by such third parties based upon or relating to such access and use. Altruist does not warrant against loss of use or any direct, indirect or consequential damages or Losses to the Customer caused by the Customer’s assent, expressed or implied, to a third party accessing the Customer Account or information, including access provided through any other third-party systems or sites. The Customer also agrees that Indemnified Parties will have no responsibility or liability to you the Customer in connection with the performance or non-performance by any exchange, clearing organization, market data provider, or other third party (including other broker-dealers and clearing firms, and banks) or any of their respective agents or affiliatesAffiliates, of its or their obligations relative to any securities. You agree The Customer agrees that Indemnified Parties will have no liability, to you the Customer or to third parties, or responsibility whatsoever for:: (i) any Losses resulting from a cause over which Indemnified Parties do not have direct control, including the failure of mechanical equipment, unauthorized access, theft, operator errors, government restrictions, force majeure (as defined in this Customer Agreement), market data availability or quality, exchange rulings or suspension of trading; and (ii) any special, indirect, incidental, consequential, punitive or exemplary damages (including lost profits, trading losses and damages) that the Customer may incur in connection with the Customer’s use of the Website, and other services provided by Indemnified Parties under this Customer Agreement. Further, if the Customer authorizes or allows third parties to gain access to Altruist’s services, including the Customer Accounts, the Customer will indemnify, defend and hold harmless Altruist, its Affiliates, and Altruist and its Affiliates’ respective officers and employees against any Losses arising out of claims or suits by such third parties based upon or relating to such access and use.
Appears in 1 contract
Samples: altruist.com
Waiver; Limitation of Liability; Indemnification. Online trading has inherent risk due to system response and access times that may vary due to market conditions, system performance, and other factors. You I agree that your My use of Firstrade Securities Inc.'s Electronic Services (website the App or mobile app the Website or any other services) service provided by Avenue Securities or its Affiliates is at your My sole risk. The services are Avenue Securities service (including the App, the Website, the provision of Market Data, Information, Content, or any other information provided by Avenue Securities, any of its Affiliates, or any third-party content provider or market data provider) is provided on an “as is,” and “as available”. Neither Firstrade” basis without warranties of any kind, employee nor any third party providers make any representations nor warranties either express or implied, including, statutory (including without limitation, any timeliness, truthfulness, sequence, completeness, accuracy, freedom from interruption), implied warranties arising from trade usage, course of dealing, course of performance, or the implied warranties of merchantability or fitness for a particular purpose in respect or application, other than those warranties which are implied by and incapable of any services provided in connection with exclusion, restriction or modification under the laws applicable to this account, or any information programs or products obtained from, through, or in connection with these servicesAgreement. In no event will Firstrade or any third party be liable for direct, indirect, incidental, or consequential damages resulting from any defect in or use of these services. You understand that to effect securities transactions will be limited in all respects to the terms and conditions of this agreement and any other agreement between you and Firstrade Securities Inc. Firstrade Securities Inc. will have no liability to you with respect to any transaction or attempted transaction by you which is not in accordance with the terms and conditions specified herein or in such other agreement and you will indemnify Firstrade Securities Inc. from any claim of a third party related to any such transaction or related transaction. YOU I UNDERSTAND AND AGREE THAT FIRSTRADEYOU, ITS YOUR AFFILIATES, YOUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, AND THE PROVIDERS WILL NOT BE LIABLE TO YOU ME OR TO THIRD PARTIES UNDER ANY CIRCUMSTANCES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, TRADING LOSSES, AND DAMAGES) THAT YOU I MAY INCUR IN CONNECTION WITH YOUR MY USE OF THE SERVICE PROVIDED BY FIRSTRADE YOU UNDER THIS AGREEMENT, INCLUDING YOUR MY USE OF THE APP, THE WEBSITE, THE MARKET DATA, THE INFORMATION, OR THE CONTENT. FIRSTRADEYOU, YOUR AFFILIATES, AND ITS YOUR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES SHALL NOT BE LIABLE BY REASON OF DELAYS OR INTERRUPTIONS OF THE SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF OUR YOUR SYSTEM, REGARDLESS OF CAUSE, INCLUDING THOSE CAUSED BY 20. Renúncia; Limitação de Responsabilidade; Indenização. Reconheço e concordo que todos os riscos decorrentes do Meu uso do App ou site ou de qualquer outro serviço fornecido pela Avenue Securities ou suas Afiliadas é exclusivamente meu. O serviço da Avenue Securities (incluindo o App, o site, o fornecimento de Dados xx Xxxxxxx, as Informações, o Conteúdo ou qualquer outra informação fornecida pela Avenue Securities, qualquer uma de suas Afiliadas ou qualquer provedor de conteúdo de terceiros ou provedor de dados xx xxxxxxx) é fornecido “como se encontra”, “conforme disponível” sem garantias de qualquer tipo, expressas ou implícitas, estatuárias (incluindo, sem limites, pontualidade, veracidade, sequência, integridade, precisão, isenção de interrupção), garantias implícitas decorrentes do uso comercial, curso de negociação, curso de desempenho ou garantias implícitas xx xxxxxxx ou adequação a uma finalidade ou aplicação específica, exceto as garantias implícitas e incapazes de exclusão, restrição ou modificação sob as xxxx aplicáveis a este Contrato. ENTENDO E CONCORDO QUE VOCÊ, SUAS AFILIADAS, OS RESPECTIVOS REPRESENTANTES SEUS E DELES, DIRETORES E COLABORADORES, E OS PRESTADORES NÃO SERÃO RESPONSÁVEIS POR MIM OU POR TERCEIROS SOB NENHUMA CIRCUNSTÂNCIA, OU TENHAM QUALQUER RESPONSABILIDADE POR QUAISQUER INCIDENTES ESPECIAIS, INDIRETOS OU INCIDENTAIS, XXXXX PUNITIVOS OU CONSEQUENCIAIS (INCLUINDO LUCROS CESSANTES, PERDA DE NEGOCIAÇÃO E XXXXX) QUE POSSO INCORRER EM RELAÇÃO AO MEU USO DO SERVIÇO FORNECIDO POR VOCÊ SOB ESTE CONTRATO, INCLUINDO MEU USO DO APLICATIVO, DO SITE, DOS DADOS XX XXXXXXX, DA INFORMAÇÃO OU DO CONTEÚDO. VOCÊ, SUAS AFILIADAS E SEUS RESPECTIVOS REPRESENTANTES, DIRETORES E FUNCIONÁRIOS NÃO SERÃO RESPONSABILIZADOS POR MOTIVOS DE ATRASOS OU INTERRUPÇÕES DO SERVIÇO OU GOVERNMENTAL OR REGULATORY ACTION, THE ACTION OF ANY EXCHANGE OR OTHER SELF REGULATORY ORGANIZATION, OR THOSE CAUSED BY SOFTWARE OR HARDWARE MALFUNCTIONS. You also agree that FirstradeExcept as otherwise provided by law, its You, Custodian or any of Your or Custodians’ affiliates or respective partners, officers, directors and directors, employees or agents (collectively, “Indemnified Parties”) shall not be liable for any expenses, losses, costs, damages, liabilities, demands, debts, obligations, penalties, charges, claims, causes of action, penalties, fines and taxes of any kind or nature (including legal expenses and attorneys’ fees) (whether known or unknown, absolute or contingent, liquidated or unliquidated, direct or indirect, due or to become due, accrued or not accrued, asserted or unasserted, related or not related to a third party claim, or otherwise) (collectively, “Losses”) by or with respect to any matters pertaining to My Account, except to the extent that such Losses are actual Losses and are determined by a court of competent jurisdiction or an arbitration panel in a final non-appealable judgment or order to have resulted solely from Your, Custodians’ or any of Your or Custodians’ affiliates’ gross negligence or intentional misconduct; further provided, that You or Your Affiliates shall not be liable for any Losses that have resulted from Custodians’ or any of the Custodians’ affiliates’ gross negligence or intentional misconduct. In addition, I agree that the Indemnified Parties shall have no liability for, and I agree to indemnify, defend and hold harmless the Indemnified Parties from all Losses that result from: (i) any noncompliance by Me with any of the terms and conditions of this Agreement; (ii) any third-party actions related to My receipt and use of any Information, Market Data, Content, market analysis, other third-party content, or other such information obtained on the App or Website, whether authorized or unauthorized under this Agreement; (iii) any third-party actions related to My use of the App or the Website; (iv) My or My agent’s misrepresentation or alleged misrepresentation, or act or omission; (v) Indemnified Parties following My or My agent’s directions or instructions, or failing to follow My or My agent’s unlawful or unreasonable directions or TRANSMISSÕES, OU FALHAS DE DESEMPENHO DE SEU SISTEMA, INDEPENDENTEMENTE DE CAUSA, INCLUINDO AS CAUSADAS POR AÇÃO GOVERNAMENTAL OU REGULAMENTAR, AÇÃO DE QUALQUER INTERCÂMBIO OU OUTRA ORGANIZAÇÃO DE AUTORREGULAMENTAÇÃO, OU AQUELES CAUSADOS POR FALHAS DE SOFTWARE OU DE HARDWARE. Salvo disposição legal em contrário, Você, a Custodiante ou qualquer xxx xxx Suas Afiliadas ou da Custodiante ou seus respectivos parceiros, executivos, diretores, funcionários ou agentes (coletivamente, “Partes Indenizáveis”) não serão responsáveis por quaisquer despesas, perdas, custos, xxxxx, responsabilidades, demandas, débitos, obrigações, penalidades, cobranças, reclamações, causas de ação, penalidades,multas e impostos de qualquer espécie ou natureza (incluindo despesas legais e honorários advocatícios) (conhecidos ou desconhecidos, absolutos ou contingentes, liquidados ou não liquidados), direta ou indiretamente, xxxxxxx ou a vencer, acumuladas ou não acumuladas, declaradas ou não, relacionadas ou não relacionadas a uma reclamação de terceiro, ou de outra forma) (coletivamente, “Perdas”) por ou com relação a quaisquer assuntos pertinentes à Minha Conta, exceto na medida em que tais Perdas sejam Perdas reais e sejam determinadas por um tribunal de jurisdição competente ou por um painel de arbitragem em uma sentença final não passível de recurso ou ordem que tenha resultado exclusivamente de qualquer negligência por Sua parte, da Custodiante ou das afiliadas da Custodiante; além disso, desde que você ou suas afiliadas não sejam responsáveis por quaisquer prejuízos que resultem de negligência grave ou de conduta dolosa da Custodiante ou de qualquer afiliada da Custodiante. Além disso, concordo que as Partes Indenizáveis não serão responsáveis por, e concordo em indenizar, defender e isentar as Partes Indenizáveis de, todas as Perdas que resultem de: (i) qualquer descumprimento por Mim de qualquer um dos termos e condições deste Contrato; (ii) quaisquer ações de terceiros relacionadas ao recebimento e ao uso de qualquer informação, dados xx xxxxxxx, conteúdo, xxxxxxx xx xxxxxxx, outro conteúdo de terceiros ou outras informações instructions; (vi) any activities or services of the Indemnified Parties in connection with My Account (including any technology services, reporting, trading, research or capital introduction services); or (vii) the failure by any person not controlled by the Indemnified Parties and their affiliates to perform any obligations to Me. Further, if I authorize or allow third parties to gain access to Your services, including My Accounts, I will indemnify, defend and hold harmless You, Your Affiliates, and Your and Your Affiliates’ respective officers and employees against any Losses arising out of claims or suits by such third parties based upon or relating to such access and use. Avenue Securities does not warrant against loss of use or any direct, indirect or consequential damages or Losses to Me caused by My assent, expressed or implied, to a third party accessing My Account or information, including access provided through any other third party systems or sites. I consent to the use of automated systems or service bureaus by You and the Custodian and Your respective affiliates in conjunction with My Account, including automated order entry and execution, record keeping, reporting and account reconciliation and risk management systems (collectively “Automated Systems”). I understand that the use of Automated Systems entails risks, such as interruption or delays of service, errors or omissions in the information provided, system failure and errors in the design or functioning of such Automated Systems (collectively, a “System Failure”) that could cause substantial damage, expense, or liability to Me. I understand and agree that Indemnified Parties will have no liability whatsoever for any of My Losses arising out of or relating to a System Failure. I also agree that Indemnified Parties will have no responsibility or liability to you Me in connection with the performance or non-non- performance by any exchange, clearing organization, market data provider, or other third party (including other broker-broker- dealers and clearing firms, and banks) or any of their respective agents or affiliates, of its or their obligations relative to any securities. You I agree that Indemnified Parties will have no liability, to you Me or to third parties, or responsibility whatsoever for:: (i) any Losses resulting from a cause over which Indemnified Parties do not have direct obtidas no App ou no site, autorizadas ou não autorizadas sob este Contrato; (iii) quaisquer ações de terceiros relacionadas ao Meu uso do Aplicativo ou do Site; (iv) declaração falsa Minha ou do Meu agente ou suposta deturpação, ato ou omissão; (v) Partes Indenizáveis seguindo as Minhas instruções ou instruções do Meu agente, ou não seguindo as Minhas instruções ou instruções ilegais ou não razoáveis do Meu agente; (vi) quaisquer atividades ou serviços das Partes Indenizáveis relacionadas à Minha Conta (incluindo serviços de tecnologia, relatórios, negociações, pesquisas ou serviços de introdução de capital); ou (vii) a falha por qualquer pessoa não controlada pelas Partes Indenizáveis e suas afiliadas em cumprir quaisquer obrigações para comigo. Além disso, se eu autorizar ou permitir que terceiros tenham acesso aos Seus serviços, incluindo as Xxxxxx Xxxxxx, indenizarei, defenderei e isentarei você, suas afiliadas, seus funcionários e funcionários de suas afiliadas de quaisquer prejuízos decorrentes de reivindicações ou ações de terceiros baseadas ou relacionadas a tal acesso e uso. A Avenue Securities não presta nenhuma garantia contra a perda do uso ou quaisquer xxxxx diretos, indiretos ou consequenciais ou Perdas para Mim causadas por Meu consentimento, expresso ou implícito, a um terceiro acessando a Minha Conta ou informações, incluindo o acesso fornecido por quaisquer outros sistemas de terceiros ou sites. Concordo com o uso de sistemas automatizados ou agências de serviços por Você e pela Custodiante e Suas respectivas afiliadas em conjunto com a Minha Conta, incluindo entrada e execução automatizada de ordens, manutenção de registros, reconciliação de relatórios e contas e sistemas de gerenciamento xx xxxxx (coletivamente "Sistemas Automatizados"). Entendo que o uso de Sistemas Automatizados acarreta riscos, tais como interrupções ou atrasos de serviço, erros ou omissões nas informações fornecidas, falhas do sistema e erros no projeto ou funcionamento desses Sistemas Automatizados (coletivamente, uma “Falha do Sistema”) que podem causar xxxxx substanciais, despesas ou responsabilidades a Mim. Entendo e concordo que as Partes Indenizáveis não terão qualquer responsabilidade por qualquer xxx xxx Xxxxxx Perdas decorrentes de/ou relacionadas a xxx Xxxxx do Sistema.
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