Terms and Conditions
These Terms and Conditions were last modified November 2014.
Fastmatch Inc, and each of its affiliates (collectively, "FM") is pleased to provide you with information, content, and services on the FM website. Your use of FM website is subject to these Terms and Conditions.
These Terms and Conditions are a binding agreement between you and FM. Your access to and use of this website constitutes your acceptance of these Terms and Conditions and any other legal notices and statements contained on this website. Your use of FM website is governed by the version of the Terms and Conditions in effect on the date any FM website is accessed by you.
FM may modify these Terms and Conditions at any time and without prior notice. You should review the most current version these Terms and Conditions by visiting the FM website and clicking on the Terms and Conditions hyperlink located at the bottom of the page. Your continued access to and use of this website constitutes your acceptance of these Terms and Conditions as modified. The only notice of changes or modification to these Terms and Conditions will be by FM publishing revised Terms and Conditions on this website; FM will not separately notify you of any changes or modifications.
These Terms and Conditions are in addition to any other agreements between you and FM, where applicable.
- USE OF FM WEBSITE
- DISTRIBUTION AND RESPONSIBILITY OF VISITORS
- LIMITATIONS ON INVESTMENT GUIDANCE AND PROFESSIONAL ADVICE
- INTELLECTUAL PROPERTY
- CONTENT AVAILIBILTY
- THIRD PARTY CONTENT AND RESEARCH
- ACCURACY OF INFORMATION
- PROHIBITED USES
- USE OF LINKS
- EXCLUSION OF WARRANTIES
- DISCLAIMER AND LIMITATION OF LIABILITY
- GOVERNING LAW
USE OF FM WEBSITE
The FM website is intended only for your personal, non-commercial use, unless you and FM have agreed otherwise in writing.
DISTRIBUTION AND RESPONSIBILITY OF VISITORS
The information on this website is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation.
It is the responsibility of visitors to this website to ascertain the terms of and comply with any local law or regulation to which they are subject. Nothing on the FM website shall be considered a solicitation to buy or an offer to sell any security, investment product, product or service to any person.
LIMITATIONS ON INVESTMENT GUIDANCE AND PROFESSIONAL ADVICE
The FM website is not intended to provide legal, tax or investment advice. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation.
The FM website is protected by applicable intellectual property laws. Except as expressly stated herein, you may not without FM's prior written permission alter, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos, from this or the FM website.
If you link from another website to the FM website, your website, as well as the link itself, may not, without FM's prior written permission, suggest that FM endorses, sponsors or is affiliated with any non- FM website, entity, service or product, and may not make use of any FM trademarks or service marks other than those contained within the text of the link.
The FM website, excluding third party content, are original works of authorship published by FM. FM has the exclusive rights to reproduce, display, prepare derivative works or distribute. The names, logos, trademarks, copyright and all other intellectual property rights in all of the material and software on this website are owned by FM or its licensors. All third-party owned materials contained on the website are reproduced with the permission of the respective owners.
FM reserves the right to change content, products and services, without notice.
THIRD PARTY CONTENT AND RESEARCH
The FM website may include general news and information, commentary, interactive tools, quotes, research reports and data concerning financial markets and other subjects.
Some of this content may be supplied by companies that are not affiliated with any FM Entity ("Third Party Content"). The source of all Third Party Content is clearly and prominently identified on the FM website, where applicable.
Third Party Content may be available through framed areas, through hyperlinks to third party web sites, or is simply published on the site. The Third Party Content is protected by applicable intellectual property laws and international treaties and is owned by or licensed from the Third Party Content provider(s) credited.
FM does not explicitly or implicitly endorse or approve such Third Party Content. The Third Party Content providers do not implicitly or explicitly endorse or approve the Third Party Content, nor should their content be construed as legal, tax or investment advice.
While FM makes every attempt to provide accurate and timely information to serve the needs of users, neither FM nor Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites. Third Party Content is provided for informational purposes only and FM and Third Party Content providers specifically disclaim any liability for Third Party Content available on the website. You will use Third Party Content only at your own risk. THE THIRD PARTY CONTENT IS PROVIDED ON AN "AS-IS" BASIS. THE THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACCURACY OF INFORMATION
While FM has made every effort to ensure the accuracy of the information on this website, the information and content on the website is subject to change without notice. FM has taken reasonable measures to ensure the accuracy of the information on the website. However, FM does not guarantee its accuracy, and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access the website, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through this Web site.
All content on the FM website is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
The rate information on the FM website is subject to the disclaimers set forth herein. In no event shall FM or its affiliates and subsidiaries have any liability in connection with the rates for any reason, including without limitation, for any decision made or action taken in reliance upon the rates, for delays or interruptions in delivery of the rates for any reason, or for loss of business revenues, lost profits, or any direct, indirect, consequential, exemplary, special or incidental damages.
Because all servers have limited capacity and are used by many people, do not use the FM website in any manner that could damage or overburden any FM server, or any network connected to any FM server. Do not use the FM website in any manner that would interfere with any other party's use of the FM website.
USE OF LINKS
The FM website may contain links to websites operated by other parties. FM does not control the content or accuracy of information on such websites and does not otherwise endorse the material placed on such sites. The links are provided for your reference only and FM excludes all liability and responsibility for the content or operation of these third party websites.
EXCLUSION OF WARRANTIES
FM DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE FM WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FM WEBSITE IS MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE" AND FM DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.
FM DOES NOT WARRANT THAT THE FM WEBSITE WILL MEET YOUR NEEDS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. FM ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE FM WEBSITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE FM WEBSITE WILL MEET YOUR EXPECTATIONS.
DISCLAIMER AND LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FM WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE FM WEBSITE AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF FM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
EXCEPT AS OTHERWISE REQUIRED BY LAW, FM WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH FM DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
IF YOU LIVE IN A STATE, COUNTRY OR JURISDICTION THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
As a condition of your use of the FM website, you agree to indemnify and hold FM and its Third Party Content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of the FM website, or from your violation of these Terms.
FM reserves the right to terminate your usage of the FM website at any time, for any reason, with or without cause and without prior notice.
If for any reason any provision of these Terms and Conditions is deemed invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
GOVERNING LAW AND JURISDICTION
Unless otherwise agreed, these Terms and Conditions and their enforcement are governed by the laws of the state of New York, without regard to principles of conflicts of law, and shall inure to the benefit of FM's successors and assigns, whether by merger, consolidation, or otherwise. This is the case regardless of whether you reside or transact business with FM in New York or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you irrevocably agree to submit to the jurisdiction of the federal and state courts located within the city and county of New York, NY and hereby waive any objection to the convenience or propriety of venue therein. Provided however, that nothing herein shall prevent FM from bringing any action in the courts of any other jurisdiction.