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Legal Notices | |||
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Please be advised that your use of the FXall web site (the Web Site) is subject to the limitations set forth below. By using the Web Site and the information and content contained on, distributed through or linked, downloaded or accessed from the Web Site, including via the chat facility (Content), you agree to the following limitations. You should read these Legal Notices before accessing or using this Web Site, including the Content. FXall reserves the right to amend or supplement these Legal Notices at any time. Disclaimers Neither FX Alliance LLC and its affiliates, nor their respective officers, directors, employees, secondees, vendors, suppliers and agents (collectively FXall), nor any of FXall's third party information providers (the Providers) recommends, endorses, advocates or sponsors any of the securities, commodities or investments appearing on the Web Site, including in the Content. You acknowledge the risks associated with foreign exchange and other securities and commodities markets and trading transactions. FXALL IS NOT AN AUTHORIZED FINANCIAL ADVISOR OR REPRESENTATIVE AND DOES NOT GIVE TAX, EMPLOYMENT OR INVESTMENT ADVICE. Any price information, quotes, forecasts, return estimates or indications of past performance are for information purposes only and do not guarantee future performance and do not constitute an offer to buy or sell or any solicitation of an offer to buy or sell any securities, investments or other property. The Web Site, including the Content, shall not serve as the primary basis for any of your investment decisions and neither FXall nor any of the Providers shall be or be deemed to be your financial advisor or fiduciary. FXALL STRONGLY ADVISES THAT YOU OBTAIN ADVICE AND ASSISTANCE FROM A SECURITIES, COMMODITIES OR FINANCIAL SERVICES PROFESSIONAL AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INDEX, REPORT, RESEARCH, FORECAST, OPINION, ADVICE, DATA OR OTHER CONTENT. The Content is obtained from Providers and is believed by FXall to be accurate and reliable. The Web Site, including the Content, includes facts, views, opinions and recommendations of individuals and organizations deemed of interest. Because of the possibility of delays and human and/or mechanical error, as well as other factors, neither FXall nor the Providers are or shall be responsible for any delays, interruptions, errors, inaccuracies or omissions in or on the Web Site, including the Content. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE CONTENT AND THE WEB SITE ITSELF ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND. FXALL AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY LAW, FXALL AND THE PROVIDERS HEREBY EXPRESSLY DISCLAIM WITH RESPECT TO THE WEB SITE, INCLUDING THE CONTENT, ANY AND ALL EXPRESS, IMPLIED AND STATUTORY REPRESENTATIONS AND WARRANTIES OF ANY KIND TO YOU AND/OR ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THE USE OR INABILITY TO USE THE WEB SITE, INCLUDING THE CONTENT, OR THE CORRECTNESS, QUALITY, ACCURACY, RELIABILITY, PERFORMANCE, COMPLETENESS, TIMELINESS, OR CONTINUED AVAILABILITY OF THE WEB SITE, INCLUDING THE CONTENT, ITS DELIVERY AND STORAGE. WITHOUT LIMITING THE FOREGOING, NEITHER FXALL NOR ANY PROVIDER MAKES ANY REPRESENTATION OR WARRANTY THAT THE WEB SITE, INCLUDING THE CONTENT, WILL CONFORM TO ANY DESCRIPTION THEREOF, BE FREE OF ERRORS, DEFECTS, VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE ELEMENTS OR PERFORM ANY DESIRED OPERATIONS OR FUNCTIONS. FXALL AND THE PROVIDERS DO NOT REPRESENT OR ENDORSE AND HEREBY DISCLAIM ANY OBLIGATION OR RESPONSIBILITY TO VERIFY THE CORRECTNESS, QUALITY, ACCURACY, RELIABILITY, PERFORMANCE, COMPLETENESS, TIMELINESS, OR CONTINUED AVAILABILITY OF ANY OF THE CONTENT INCLUDING, WITHOUT LIMITATION, PRODUCTS AND ADVERTISEMENTS, CONTAINED ON, DISTRIBUTED THROUGH OR LINKED, DOWNLOADED, OR ACCESSED FROM THE WEB SITE. You hereby acknowledge that any reliance upon any Content shall be at your sole and exclusive risk and that no advice or information obtained by you from FXall or through or from the chat facility shall create any warranty, except as expressly provided herein. FXall reserves the right (but shall have no obligation) to make improvements and complete, correct or update any delays, errors, inaccuracies or omissions in any portion of the Web Site, including the Content. The Web Site may contain (i) hyperlinks to web sites operated by persons other than FXall and (ii) message boards and chat rooms containing information and content submitted by persons other than FXall and the Providers. Such hyperlinks, message boards and chat rooms are provided for your reference and convenience only. You agree not to hold FXall or the Providers responsible for the content or operation of such portions of the web sites. A HYPERLINK DOES NOT AND SHOULD NOT BE DEEMED TO SUGGEST, IMPLY OR MEAN THAT FXALL OR ANY PROVIDER IN ANY WAY ENDORSES OR SUPPORTS THE CONTENT, OPERATOR OR OWNER OF SUCH HYPERLINKED WEB SITES. FXALL AND THE PROVIDERS HAVE NOT DEVELOPED OR REVIEWED THE CONTENT APPEARING IN OR ON SUCH HYPERLINKED WEB SITES OR ON ANY MESSAGE BOARD OR CHAT ROOM AND NEITHER FXALL NOR ANY PROVIDER DOES OR SHOULD BE DEEMED TO IN ANY WAY ENDORSE OR SUPPORT ANY CONTENT THEREIN. You understand that the hyperlinked web sites, and the message boards and chat rooms may contain illegal or objectionable content or dangerous computer viruses. You assume, and FXall and the Providers hereby disclaim, all responsibility for any loss or injury sustained by you as a user of such hyperlinked web sites, message boards and chat rooms. FXall Indicative Quotes, Hourly Rates and High and Low Rates FXall's fully integrated liquidity providers deliver streaming quotes directly from their rate engines to the FXall platform. FXall uses a proprietary algorithm to blend the contributions into a single, real-time quote stream. The algorithm filters out stale quotes and outliers to ensure that the FXall Indicative Quotes are accurate and reliable. FXall may alter the process for generating the Indicative Quotes from time to time. All copyright in the FXall Indicative Quotes, the FXall Hourly Rates, the FXall High and Low Rates and other rates and data derived therefrom vests in FX Alliance, LLC or its licensors. © FX Alliance, LLC 2003. All rights reserved. FXall does not guarantee the accuracy, reliability, performance, completeness, timeliness, continued availability or otherwise of the Indicative Quotes. In particular, FXall makes no representation or warranty, express, implied or statutory, including any implied warranty of merchantability or fitness for a particular purpose, any warranty regarding the ability or inability to use the Indicative Quotes, any warranty that the Indicative Quotes accurately reflect actual, dealable prices available in the market or through the FXall trading application, or any warranty that the Indicative Quotes conform to any description thereof or are free of errors. The Indicative Quotes are provided on an "as is" basis. In no event shall FXall or any other person or entity have any liability in connection with the Indicative Quotes for any reason, including, without limitation, for any decision made or action taken in reliance upon the Indicative Quotes, for delays or interruptions in delivery of the Indicative Quotes for any reason, or for loss of business revenues, lost profits, or any indirect, consequential, exemplary, special or incidental damages, whether in contract, tort or otherwise, even if advised of the possibility of such damages. The FXall High Rate for a currency pair is the highest bid rate reflected in the FXall Indicative Quotes feed since the previous 5:00 p.m. New York rate (Monday to Friday) for that currency pair. The FXall Low Rate for a currency pair is the lowest offer rate reflected in the FXall Indicative Quotes feed since the previous 5:00 p.m. New York rate (Monday to Friday) for that currency pair. The FXall Hourly Rates reflect the rate midway between the bid rate and the offer rate reflected in the FXall Indicative Quotes as of the time noted at the top of the table. Certain Providers that have submitted content to the Web Site may impose terms and conditions on the use of their content. Your use of such content is subject to those terms and conditions which are specified herein and/or appear elsewhere on the Web Site. Moneyline Telerate Content All information being provided by Moneyline Telerate is protected by copyright or other intellectual property laws. Any reproduction, re-transmission, distribution, storage in a retrieval device, dissemination, selling, publishing, broadcasting or circulation of the information without the express written consent of Moneyline Telerate is strictly prohibited. Moneyline Telerate makes no warranty, representation or guaranty as to the sequence, accuracy, truth, timeliness or completeness of the information or that the information may be relied upon in any matter including without limitation for trading purposes. The information is provided "as is" and "with all faults" and Moneyline Telerate shall have no liability for any reliance thereon. S&P Index Values S&P Index Values are provided through Moneyline Telerate. Copyright © 2002 The McGraw-Hill Companies, Inc., Standard & Poor's ("S&P") is a division of The McGraw-Hill Companies Inc. Reproduction of any information obtained from the S&P 500 in any form is prohibited except with the written permission of S&P. Because of the possibility of human or mechanical error by S&P's sources, S&P or others, S&P does not guarantee the accuracy, adequacy, completeness or availability of any information and is not responsible for any errors or omissions or for the results obtained from the use of such information. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. In no event shall S&P be liable for any indirect, special or consequential damages in connection with subscribers' or others' use of the S&P 500. FTSE™ Index Quotes FX Alliance, LLC is licensed by FTSE International Limited ("FTSE") to publish the FTSE Indices, through Moneyline Telerate. The FTSE shall not be responsible for any error or omission in the FTSE Indices. The FTSE Indices are calculated in accordance with a standard set of ground rules established by FTSE in conjunction with the Institute and Faculty of Actuaries. All copyright in the index values and constituent list vests in FTSE International Limited or its licensors. © FTSE International Limited 2002. All rights reserved. The Financial Calendar™ FXall uses the Financial Calendar™ as its source for all holiday data. The Financial Calendar™ is a database published by Swaps Monitor Publications. It contains future holidays for over 290 financial centers in 120 countries, going out as far as the year 2100. Calendar customers receive feeds of real-time data directly to their computer systems or web sites. All information pertaining to holidays and non-business days is the intellectual property of Swaps Monitor Publications. Except with Swaps Monitor's prior written consent and except for a single print-screen, this information may not be copied, republished or redistributed, nor may it be used to populate databases or to decompile any of the underlying algorithms. Holidays can change with little or no advance notice and there cannot be complete certainty that a future holiday will occur, or that a day on which no holiday is indicated will not become a holiday at some later date. Swaps Monitor shall not be liable for any errors or omissions in the holiday data, or for any loss or damage that may result from its use or non-performance. Swaps Monitor is a registered trademark of Swaps Monitor Publications. If you'd like someone to contact you about the Financial Calendar™, email FX-Sales@FinancialCalendar.com. You're also welcome to visit the Financial Calendar™ web site at http://www.financialcalendar.com or contact Swaps Monitor by phone at (212) 625-9380. Neither FXall nor the Providers shall be liable for any loss or injury (including, without limitation, any loss or injury caused in whole or in part, by FXall or any Provider with respect to procuring, compiling, interpreting, editing, writing, reporting, delivering or transmitting any Content) in tort, contract, strict liability or otherwise to any user or third party except for liability arising out of gross negligence or willful misconduct. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL FXALL OR ANY PROVIDER BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOST PROFITS, LOST OPPORTUNITY, SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF FXALL OR SUCH PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree to indemnify and hold harmless FXall, the Providers and its and their subsidiaries, affiliates, officers, agents and employees from any injury or loss (including reasonable attorneys fees) suffered, incurred or asserted as a result of (a) any misuse by you of the Web Site, including the Content, (b) any third party actions related to your receipt, posting or use of the Content, whether authorized or unauthorized, and (c) any infringement by you of FXall's and/or any Provider's or other party's intellectual property rights or other rights. Some countries provide rights in addition to those above or do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you or there may be provisions which supersede the above. If any provision of these Legal Notices is determined to be invalid, superseded, illegal or unenforceable, in whole or in part, the validity, legality or enforceability of any of the remaining provisions or notices shall not in any way be affected or impaired thereby and shall continue in full force and effect. Copyright The works of authorship contained in the Web Site including, without limitation, all design, text and images are owned or used under license by FXall and are protected by copyright and other intellectual property laws. Such works may not be copied, reproduced, transmitted, displayed, performed, stored, distributed, used to create derivative works, altered, abridged or otherwise used in whole or in part without the prior written consent of FXall and/or its licensors, except for one temporary copy and one permanent copy to be used by you for personal, non-commercial use. The Content may not be taken out of context or presented in an unfair, misleading or discriminating manner. You agree not to remove any copyright notice or other notice signifying FXall's, any Provider's or any third party's intellectual property or other proprietary rights. Nothing contained on the Web Site shall be deemed or construed to confer any license or right, expressly, by implication, estoppel or otherwise, under any of FXall's, any Provider's or any third party's intellectual property rights. Trademarks FXall is a service mark of FX Alliance, LLC and its affiliates. Dow Jones®, Dow Jones Foreign Exchange ReportSM, Dow Jones Capital Markets ReportSM, DJ DAY®, Dow Jones NewsPlusSM, Dow Jones Asian Equities ReportSM, Dow Jones International Petroleum ReportSM, Dow Jones News Service®, Dow Jones NewswiresSM, Dow Jones Business NewsSM, Dow Jones Emerging Markets ReportSM, Dow Jones European Corporate ReportSM, It All Comes Down To The WireSM, News to Profit By®, On the Wires®, Preferred by the Pros®, Dow Jones Professional Investor ReportSM, Dow Jones World Equities ReportSM, and The Wall Street Journal®, are trademarks and service marks of Dow Jones & Company, Inc. Royal Bank, Royal Bank Financial Group, RBC Dominion Securities and Lion & Globe design are trade-marks of Royal Bank of Canada used under license. All other trademarks, service marks and logos ("Trademarks") appearing herein are the registered and unregistered proprietary Trademarks of others and are used by FX Alliance, LLC and its affiliates under license. None of the Trademarks appearing herein may be used absent written consent of their respective owners. The terms of the Legal Notices are governed by the laws of the state of New York, without regard to the conflict-of-laws rules thereof. The terms of the Legal Notices may be amended, modified or supplemented at any time by FXall. Your continued access to and use of the Web Site, including the Content shall be deemed to constitute your acceptance of any such amendments, modifications or supplements. Privacy Policy Type of information collected As part of your registration process with FXall, we collect the following personal information about you: your name, your company name, your company's country, your company e-mail address and phone number. The entity collecting your data is FX Alliance, LLC, 900 Third Avenue, New York, New York 10022, or its affiliates FX Alliance Limited (regulated by the Financial Services Authority), CityPoint, 1 Ropemaker Street, London EC2Y 9HT, or FX Alliance International, LLC (ARBN 097 253 640) (a Delaware (USA) company, members' liability limited), 900 Third Avenue, New York, New York 10022. FXall may also set and access FXall cookies on your computer. Cookies are used as identification to permit access into this Web Site in place of login and password and to track your movement from one area of the Web Site to another only. Use of information FXall may use your personal information (a) to identify you as a representative of a registered corporate or institutional user; (b) to monitor the frequency of your use of the Web Site for our marketing purposes, and for internal administration and analysis; and (c) to send you additional and up to date information on FXall products and services such as the availability of FXall in new jurisdictions. When FXall sends an e-mail update, it will include an instruction on how users may remove themselves from the e-mail list, or you may opt out of the opportunity to receive e-mails at any time by notifying FXall at support@fxall.com. Disclosure to third parties FXall may disclose your personal information to the Providers, including participating banks whose Content you have accessed showing that you have accessed such Content and where applicable, the number of times you have visited it. BY DISCLOSING YOUR PERSONAL INFORMATION TO FXALL USING THIS SITE, YOU ARE CONSENTING TO THE DISCLOSURE OF YOUR PERSONAL INFORMATION TO FXALL AND TO PROVIDERS FOR OUR OWN OR THEIR OWN MARKETING PURPOSES. Certain parts of this site are provided by or in conjunction with third parties. FXall is not responsible for the use of personal information which you give directly to such third parties, or which they may collect about you while you visit pages hosted by them. Please refer to their respective privacy policies for information about their use of personal information. Data Export For the purposes outlined above, we may send your information internationally. However, FXall will ensure that your information is treated in accordance with this Privacy Policy. BY DISCLOSING YOUR PERSONAL INFORMATION TO FXALL USING THIS SITE, YOU CONSENT TO THE COLLECTION, STORAGE AND PROCESSING OF YOUR PERSONAL INFORMATION BY FXALL IN THE MANNER SET OUT IN THIS PRIVACY POLICY. User Rights You may access, correct, cancel or object to the use of your data by FXall, in accordance with applicable regulations. If the informations held by FXall is inaccurate, FXall will make the necessary amendments and confirm to you that these changes have been made. Please write to FXall at support@fxall.com. Chat Restrictions Please be advised that your use of the chat facility is subject to all the limitations set forth in the Legal Notices. Your Obligations If you provide any information that is untrue, inaccurate, not current or incomplete, or FXall has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FXall has the right to suspend or terminate your account and refuse any and all current or future use of the chat facility (or any portion thereof). Participant Conduct You understand that all Content is the sole responsibility of the person from whom such Content originated. FXall does not control the Content posted via the chat facility and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the chat facility, you may be exposed to Content that is offensive, indecent or objectionable. You agree to not use the chat facility to upload, post, e-mail, transmit or otherwise make available distribute or facilitate distribution of any Content that: 1. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; 3. you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 4. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 5. is false or misleading; 6. is unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation; 7. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or 8. relates to a publicly held company, constitutes an offer to buy or sell a security, is investment advice or is otherwise outside of the scope of the dedicated topics of discussion set forth under the heading Dedicated Topics below. You further agree not to use the chat facility to: 9. impersonate any person or entity, including, but not limited to, an FXall employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; 10. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the chat facility; 11. interfere with or disrupt the chat facility or servers or networks connected to the chat facility, or disobey any requirements, procedures, policies or regulations of networks connected to the chat facility; 12. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; 13. offer to buy or sell securities; 14. post false or misleading statements; 15. "stalk" or otherwise harass another person; or 16. harvest, collect or store personal data about other users or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. You acknowledge that FXall does not pre-screen Content, but that FXall and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the chat facility. Without limiting the foregoing, FXall and its designees shall have the right to remove any Content that violates the Chat Restrictions, is beyond the scope of the Dedicated Topics, or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. IN THIS REGARD, YOU ACKNOWLEDGE THAT YOU MAY NOT RELY ON ANY CONTENT POSTED ON THE CHAT FACILITY FOR PURPOSES OF INVESTMENT AND THAT IN NO WAY DOES ANY CONTENT POSTED ON THE CHAT FACILITY CONSTITUTE INVESTMENT ADVICE OR THE OPINIONS OF FXALL. You acknowledge and agree that FXall may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Chat Restrictions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of FXall, its users and the public. You understand that the technical processing and transmission of the chat facility, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Special Admonitions for International Use Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Dedicated Topics The chat facility is available for the sole purpose of assisting in the conduct of foreign exchange spot, forward and/or swap transactions through the FXall system. No Resale of Service You agree not to reproduce, duplicate, copy, sell or resell any portion of the chat facility, use of the chat facility, or access to the chat facility. General Practices Regarding Use and Storage You acknowledge that FXall may establish general practices and limits concerning use of the chat facility, including without limitation the period during which messages, message board postings or other uploaded Content will be retained by the chat facility, the maximum number of messages that may be sent from or received by an account on the chat facility, the maximum size of any message that may be sent from or received by an account on the chat facility, and the maximum number of times (and the maximum duration for which) you may access the chat facility in a given period of time. You agree that FXall has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the chat facility. You further acknowledge that FXall reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
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