- USE OF FM WEBSITE
- DISTRIBUTION AND RESPONSIBILITY OF VISITORS
- LIMITATIONS ON INVESTMENT GUIDANCE AND PROFESSIONAL ADVICE
- USER INFORMATION
- YOUR USE OF THE SITE(S)
- USER GENERATED CONTENT
- INTELLECTUAL PROPERTY
- CONTENT AVAILABILITY
- THIRD PARTY CONTENT AND RESEARCH
- ACCURACY OF INFORMATION
- PROHIBITED USES
- USE OF LINKS
- EXCLUSION OF WARRANTIES
- DISCLAIMER AND LIMITATION OF LIABILITY
- AGREEMENT TO ARBITRATE; CHOICE OF LAW AND JURISDICTION; NO JURY TRIAL
- COPYRIGHT AND TRADEMARK INFRINGEMENT
USE OF FM WEBSITE
Unless you obtain FM’s prior written consent, You may not copy, reproduce, republish, upload, post, repost, transmit or distribute any part of the Site(s) in any manner whatsoever, except for Your personal, non-commercial viewing purposes. You may view the content of the Site(s) on Your computer or other Internet compatible device, and make single copies or prints of the content of the Site(s) for Your personal, internal use only. The Site(s) and the services offered on or through the Site(s), including any content and materials thereon, are only for Your personal, non-commercial use. Any commercial distribution, publishing or exploitation of the Site(s), or any content, code, data, or materials therein, is strictly prohibited unless You have received the prior written permission of FM or the applicable rights holder. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell, or otherwise exploit any content, code, data, or materials on the Site(s). If You make other use of the Site(s), or the content, code, data or materials thereon, except as otherwise provided above, You may violate copyright and other laws of the United States of America, other countries, as well as applicable local and state laws and may be subject to liability for such unauthorized use. FM will enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
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.
YOUR USE OF THE SITE(S)
You are responsible for Your use of the Site(s), and for any use of the Site(s) and its/their content made using Your account. You warrant and agree that You shall not: (a) use the Site(s) for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation; impersonate any person or entity or misrepresent Your affiliation with any other person or entity; (b) upload, post, publish, transmit, reproduce, distribute, or in any way exploit any information or other material obtained through the Site(s) for commercial purposes (other than as expressly permitted by the provider of such information or other material); or (c) attempt to gain unauthorized access to other computer systems through the Site(s).
When You use any of the Site(s), You may not: (i) violate any law or regulation; (ii) violate or infringe any party’s intellectual property, privacy, publicity, or other legal rights; (iii) make statements or post materials that constitute or contain false or misleading indications of origin, endorsements, or statements of fact; (iv) use or attempt to use any "deep link," "scraper," "crawler," "robot," "bot," "spider," "data mining," "computer code" or any other automatic means of obtaining lists of products, prices, Users or any other information from or through the Site(s) or the services offered on or through the Site(s), including without limitation any information residing on any server or database connected to the Site(s) or the services offered on or through the Site(s) (although FM may allow operators of public search engines to use spiders to index materials from the Site(s) for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and FM reserves the right to revoke these exceptions either generally or in specific cases); (v) use automated methods to send more requests to FM’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; (vi) obtain or attempt to obtain unauthorized access to computer systems, materials, or information through any means; (vii) use the Site(s) or the services made available on or through the Site(s) in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site(s) or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (viii) violate the security of the Site(s) or attempt to gain unauthorized access to the Site(s), data, materials, information, computer systems, or networks connected to any server associated with the Site(s); (ix) interfere with, attempt to interfere with or otherwise disrupt the proper working of the Site(s), any activities conducted on or through the Site(s) or any servers or networks connected to the Site(s), including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Site(s); (x) send unsolicited or unauthorized advertising or commercial communications, such as spam; or (xi) stalk, harass, or harm another individual. You further agree that You may not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site(s) or the Site(s)'s services, or any content thereof, or make unauthorized use thereof. You agree that You will comply with and respect all robots.txt files. You agree that You will not use the Site(s) in any manner that could damage, disable, overburden, or impair the Site(s) or interfere with any other party's use and enjoyment of the Site(s). You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site(s).
You agree that You shall not upload, post, transmit, distribute, or otherwise publish through the Site(s) or any service offered on or through the Site(s), any materials that (i) restrict or inhibit any other User from using and enjoying the Site(s) or the Site(s)'(s) services; (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, hateful, racist, aggressive, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent or otherwise objectionable or inappropriate; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law; (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, patent, moral rights, confidentiality, contract, rights of privacy or publicity, or any other proprietary right; (v) contain a virus, spyware, or other harmful component or malicious or unsolicited software; (vi) contain advertising, chain letters, or pyramid schemes of any kind; or (vii) constitute or contain false or misleading indications of origin, endorsement, or statements of fact. You alone are responsible for the content and consequences of any of Your activities. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Site(s) or FM. FM is not responsible for any materials posted to this Site(s) by any third parties. However, FM reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in FM's sole discretion are objectionable or in violation of these Terms, FM's policies, or applicable law.
You agree not to link from any other website to any of the Site(s) in any manner such that the Site(s), or any page of the Site(s), is not viewable in its entirety in a User interface, "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke Your right to link to the Site(s) from Your website at any time upon written notice to You.
USER GENERATED CONTENT
As between You and FM, You own and are entirely responsible for any data, text, software, music, sound, photographs, graphics, images, videos, messages, or other content or materials (collectively, "User Content") that You may submit, transmit, upload, post, email, or otherwise make available on or through any of the Site(s). All User Content is and will be considered non-confidential and non-proprietary. You acknowledge and agree that You waive any moral (or similar) rights that You may have in any territory in respect of User Content, including but not limited to the right to be attributed as the author of the User Content and the right not to have the User Content edited or changed in a way You are not happy with.
By providing FM and/or the Site(s) with User Content, You hereby grant to FM and its affiliates, representatives, and assigns, a worldwide, non-exclusive, fully paid, royalty-free, transferable, sub-licensable, unrestricted, perpetual, irrevocable, license and permission to use, copy, reproduce, modify, adapt, translate, create derivative works of, transmit, display, print, publish, distribute and perform any and all of Your User Content (in whole or in part) in connection with the Site(s) and/or to incorporate Your User Content in other works in any form, media or technology now known or later developed, without further consent or notice to you, including for promotional and commercial purposes, and to authorize others to do all or any of the foregoing. You acknowledge and agree that You have no expectation of compensation or confidentiality of any nature with respect to any User Content. We may exercise these rights without notice to You and without paying any compensation to You. FM reserves the right to display advertisements in connection with Your User Content and to use Your User Content to advertise and promote Your User Content, the Site(s), and FM and its products. FM reserves the right to modify User Content in its sole and absolute discretion. FM is not required to host, display, or distribute any User Content, and may remove, delete or destroy any User Content at any time and for any reason or no reason in FM’s sole discretion.
You represent and warrant that: (a) Your User Content is original to You, no other party has any rights thereto, and You own all rights in Your User Content (including, without limitation, all rights to the audio, video, or digital recording, and the performance contained in Your User Content) or, alternatively, You have acquired all necessary rights in Your User Content to enable You to grant to FM the rights in Your User Content described herein; (b) Your User Content is not confidential or secret, and no confidential or fiduciary relationship is intended or created between You and Us; (c) You have paid and will pay in full all license fees, clearance fees, and any other financial obligations, of any kind, arising from any use or commercial exploitation of Your User Content; (d) You are the individual pictured or heard in Your User Content, or, alternatively, You have obtained permission from each person (including consent from parents or guardians for any individual under the applicable age of majority) who appears or is heard in Your User Content to enable You to grant the rights to FM described herein; (e) You will make such permissions available to FM upon request; (f) Your User Content does not violate, misappropriate or infringe any copyright, trade secret, trademark, privacy right, publicity right or other intellectual property right of any other third party and that any “moral rights” in Your User Content have been waived; and (g) Your User Content complies with these Terms. You agree to keep all records necessary to establish that Your User Content does not violate any of the foregoing representations, warranties and promises and to make such records available to FM upon FM’s request.
You further agree that FM and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than User Content (“Feedback”), whether oral or written, that You may send to FM or its affiliates. You acknowledge and agree that (i) You have no expectation of compensation or confidentiality of any nature, and that FM has no duties to You, with respect to such Feedback, and (ii) FM has the right (but not the obligation) to use such Feedback for any purpose without notice to You and without paying any compensation to You. All Feedback is and will be considered non-confidential and non-proprietary.
FM reserves the right, but does not have an obligation, to monitor and/or review User Content. FM does not endorse or control the User Content transmitted or posted on the Site(s) and therefore FM is not responsible for User Content and FM does not guarantee the accuracy, integrity, or quality of User Content, which may not necessarily reflect the views of FM. You understand that by using the Site(s), You may be exposed to User Content that is offensive, indecent, or objectionable to You. Under no circumstances will FM be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by You as a result of the use of or reliance on any User Content submitted, transmitted, uploaded, posted, emailed, or otherwise made available via the Site(s). FM has no control over User Content once it leaves the Site(s), and it is possible that others may duplicate User Content on other sites on the Internet.
You acknowledge that FM has the right – though not the obligation – in Our sole discretion to refuse to post or remove any User Content and it reserves the right to change, condense, edit, modify, transmit, display, or delete any User Content and You waive any rights You have in having the material altered or changed in a manner not agreeable to You. Without limiting the generality of the foregoing or any other provision of these Terms, FM has the right to remove any User Content that violates this User Generated Content Policy or is otherwise objectionable, and We reserve the right to refuse service and/or terminate access without prior notice for any User who violates these Terms or infringes the rights of others.
You agree that if You include a link from any other website to FastMatch.com or to any of the Site(s), such link shall open in a new browser window. You agree not to link from any other website to FastMatch.com or to any of the Site(s) in any manner such that the Site(s), or any page of the Site(s), is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke Your right to link to the Site(s) from Your Web site at any time upon written notice to You.
FM reserves the right to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in FM’s sole discretion are objectionable or in violation of these Terms, FM’s policies or applicable law.
Nothing contained herein shall be construed as a restriction on or waiver of any consumer’s right to make any statement regarding FM or its employees or agents, or concerning FM’s goods or services.
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. We do not promise that the contents of any such third party sites are accurate, compliant with local, state or federal law, including any intellectual property laws. Fm disclaims all responsibility for any viruses or malicious code that may appear on any third party websites, and for the accuracy of any of the information provided on such linked sites and any goods or services provided or purchased from such site. Any reliance on the contents of a third party website is done at Your own risk and You assume all responsibilities and consequences resulting from such reliance. FM shall not be held liable or responsible for the content of any sites that link to or from any of the Site(s) or the 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.
In addition to the disclaimers and limitations of liability set forth herein, your purchase of any product or service utilizing FM’s payment processor, is governed by the limitations of liability set forth on that https://stripe.com
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.
AGREEMENT TO ARBITRATE; CHOICE OF LAW AND JURISDICTION; NO JURY TRIAL
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
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.
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 FastMatch 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.
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.
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.
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 FastMatch 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.
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.
COPYRIGHT AND TRADEMARK INFORMATION
All content and material, including, but not limited to documents, designs, logos, graphics, artwork, images, photographs, audio clips, video clips, databases, text, HTML and other material on the Site, including the selection and arrangement thereof, copyrights, trademarks, service marks and trade names (collectively, the “Content”) is the sole property of FM, unless otherwise indicated, and is legally protected under U.S. federal and state, as well as foreign, laws, regulations and treaties, including applicable copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, the content available on this Site may only be downloaded, displayed, reformatted and printed for your personal, non-commercial use, provided that (a) you do not modify the Content; (b) you retain any and all copyright and other proprietary notices contained in the Content; and (c) you do not copy, post, distribute or transmit the Content on any other Site or via any network computer, or broadcast the Content in any media. You may not reproduce, retransmit, distribute, disseminate, sell, publish, frame, broadcast or circulate the content available on this Site to anyone, including but not limited to, others in the same company or organization without FM's express prior written consent.
Certain sections of or pages on this Site may contain separate terms and conditions, which are in addition to these terms and conditions. You should read those additional terms and conditions carefully. By accessing such sections or pages, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern your use of those sections or pages.
FM retains the right, at its sole discretion, to terminate any User accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, then FastMatch reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, FM designates the following individual as its agent for receipt of notifications of claimed copyright infringement:
Attn: Operations Dept., Attn: Francis Lydon
180 Maiden Lane, 7th Floor
New York, NY 10038
By Telephone: (212) 201-7319
By Email: support@FastMatchFX.com
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
These Terms constitute the entire agreement between the parties relating to the Site(s) and supersede any and all other agreements, oral or in writing, with respect to the Site(s). These Terms are personal to You, and You may not assign Your rights or obligations to anyone.
The sections that are not permitted under law to apply to residents of specific jurisdictions shall not apply to those residents.
All rights not expressly granted herein are reserved.
Effective Date: November 8, 2017