This website is owned and operated by FENICS Market Data, a division of BGC Partners Inc. (“FENICS MD”).
1. Intellectual Property, Copyright and Trade Marks
a. Copyrights © BGC Partners Inc. 2019. All rights reserved.
c. All present and future rights in and to trade secrets, trademarks, service marks, copyrights and other proprietary rights under the laws of any domestic or foreign governmental authority (the “Intellectual Property Rights”) in the website and/or any Material therein shall at all times be and remain the sole and exclusive property of FENICS MD. Except as specifically permitted herein, you shall not use the Intellectual Property Rights or the website, or any derivations thereof, for any purpose, without FENICS MD prior written approval. You agree to protect the proprietary rights of FENICS MD and all others having rights in the website and to comply with all reasonable written or electronic requests made by FENICS MD or its suppliers of content or otherwise (“Suppliers”) to protect their and others’ contractual, statutory and common law rights in the website. You agree to provide FENICS MD with prompt written notice of any unauthorized access or use of the website by any party or of any claim that the website infringes upon any copyright, trademark or other contractual, statutory or common law rights.
2. Information Only
b. FENICS MD and its affiliates do not intend the information provided on this website to be distributed to, or used by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject FENICS MD or its affiliates to any registration requirement within such jurisdiction or country. Neither the information, nor any opinion contained in this site constitutes a solicitation or offer by FENICS MD or its affiliates to buy or sell any securities, futures, options or other financial instruments or provide any investment advice or service.
c. Although the information provided to you on this site is obtained or compiled from sources we believe to be reliable, FENICS MD cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither FENICS MD, nor any of its affiliates, directors, officers or employees, nor any third party vendor will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this website, or resulting from the act or omission of any other party involved in making this site or the data contained therein available to you, or from any other cause relating to your access to, inability to access, or use of the site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of FENICS MD or of any vendor providing software or services.
d. Nothing set forth in this website should be construed as a recommendation to purchase or sell any product or instrument or to enter into any transaction, or as a representation that any particular product or instrument is suitable or appropriate for you. Many of the products described in this website involve significant risks and you should not enter into any transactions unless you fully understand all of these risks and have independently determined that the risks are acceptable to you and that the transactions are appropriate for you in light of your objectives, experience, financial and operational resources and other relevant circumstances. Any discussion of risks contained in this website, however, should not be considered a disclosure of the risks of particular transactions, or a complete discussion of the risks, which are mentioned.
e. You should not construe any of the material contained in this website as business, financial, investment, hedging, trading, legal, regulatory, tax or accounting advice and you should not make this website the primary basis for any trading decisions.
3. Disclaimers & Liability
a. This website and the information and material which it contains are subject to change at any time by FENICS MD without notice and FENICS MD reserves the right to suspend, terminate or restrict your access to or use of this website.
b. This website is provided “AS IS” without any warranty of any kind, express or implied, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of the information contained on this website or in respect of any materials or products referred to on this website, or non-infringement.
c. Difficulties in use of this website could involve, among others, failures, delays, malfunction, software erosion, inadvertent disclosure of information provided to FENICS MD via this website, or hardware damage, which difficulties could be the result of hardware, software or communication link inadequacies or other causes. Such difficulties could lead to possible economic and/or data loss.
d. FENICS MD does not warrant that the website is compatible with your equipment or that the website is free of errors, viruses or worms. In no event shall FENICS MD be liable for any damage you may suffer as a result of such destructive features.
e. All warranties, whether express or implied, are hereby excluded to the fullest extent permitted by applicable law.
f. FENICS MD and its directors, officers, employees and agents shall, to the extent permitted by law, have no liability, contingent or otherwise, whether caused by the negligence of FENICS MD, its employees, subcontractors, agents, Suppliers, or otherwise, to you or to third parties for the accuracy, timeliness, completeness, reliability, performance or continued availability of this website or for delays or omissions therein, including, but not limited to, inaccuracies or errors in or omissions from quotes and financial data. FENICS MD shall have no responsibility to maintain the information or services made available on this website or to supply any corrections or updates in connection with such information or services.
4. Third Party Links
a. This website may provide links to certain websites sponsored and maintained by FENICS MD as well as those sponsored or maintained by third parties (“Third Party Websites“). Such Third Party Websites are publicly available and FENICS MD is providing access to such websites through this website solely as a convenience to you. Third Party Websites are not reviewed, controlled or examined by us and we are not responsible for the information, advertising, products, resources or other materials, of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement by FENICS MD. In addition, please be aware that your use of any linked site is subject to the terms and conditions applicable to that website. Please direct any questions regarding linked sites to the webmaster of that site.
a. As you browse the pages of our website, we may automatically collect and store certain technical data about your visit.  This could include your internet protocol (IP) address, your browser type and version and any related plug-ins, time zone settings and location, your operating system and platform and other technology on the devices you use to access this website.  This type of data regarding your equipment, browsing actions and patterns may be collected through cookies, server logs and other similar technologies.
b. Cookies are small pieces of information, stored in simple text files, placed on your computer by a website. Cookies can be read by the website on your subsequent visits. The information stored in a cookie may relate to your browsing habits on the website, or a unique identification number, so that the website can identify you on your return visit. This website automatically collects and stores IP addresses. This information does not in and of itself identify you and is necessary to maintain the security and integrity of our website. If you do not wish for us to collect this information, you may disable cookies in your Internet browser settings. Please note that you may not be able to use all functionality on the website if cookies are disabled.
6. Privacy and Data Protection
a. By accessing or using the website, you consent to the collection and use of your personal information by FENICS MD for the purposes outlined in our Privacy Notice and for any other purpose which is reasonably necessary in order to administrate the website and/or in connection with FENICS MD’s day to day business operations.
b. We collect, use, disclose, transfer and store personal information when needed in accordance with the terms of our Privacy Notice available on the website.
7. Your Responsibility
b. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
8. Jurisdiction & Arbitration
b. WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
c. ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in this TOU, the rules set forth in this TOU will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or FENICS MD must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
(3) Send one copy of the Demand for Arbitration to the other party.
d. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If     travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in New York, NY under New York law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
f. NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
g. WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and FENICS MD in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND FASTMATCH WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
h. EXCLUSIVE JURISDICTION IN NEW YORK: In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York, NY. Provided however, that nothing herein shall prevent FENICS MD from bringing any action in the courts of any other jurisdiction.
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