Common use of Market Data Clause in Contracts

Market Data. You understand and agree that: (1) The proprietary rights to all Market Data (e.g. last sales prices, bids, offers, industry classification information, performance data and related information provided to you) belong to BNYMSC, its affiliates or its third party data providers (“Data Disseminators”) (i.e., the various securities markets such as the NYSE, American Stock Exchange and NASDAQ and other entities that make, or assist in making, Market Data available to you); (2) neither BNYMSC, its affiliates nor any Data Disseminator guarantees the timelines, sequence, accuracy or completeness of Market Data or other messages that the Data Disseminator may disseminate; (3) neither BNYMSC, any of its affiliates, nor any Data Disseminators shall have any liability to you or to any other person for any loss or damage arising from inaccuracies, errors, omissions, delays, interruptions or non-performance, whether due to any negligent act or omission of any Data Disseminator or BNYMSC or any of its affiliates, any cause beyond their reasonable control, or otherwise; (4) neither BNYMSC, its affiliates nor any Data Disseminator may be held liable for any discontinuance on the provision of Market Data or for any change in the manner of distribution for any reason; (5) Market Data is made available for your own individual use and you are prohibited from furnishing it to any other person or entity; (6) BNYMSC may terminate your access to any or all Market Data, or any Data Disseminator may terminate your authorization to receive Market Data, at any time; (7) Data Disseminators are third party beneficiaries under this agreement and are entitled to enforce this agreement by legal proceeding or otherwise against you or any person that gains access to or uses Market Data other than as this Agreement contemplates. You shall pay the reasonable attorney's fees that any Data Disseminator may incur in so enforcing this agreement; and (8) nothing in this Agreement should be deemed as a solicitation or recommendation to buy or sell any securities or options.

Appears in 2 contracts

Sources: Bny Mellon Wealth Online Agreement, Bny Mellon Wealth Online Agreement

Market Data. 4.1 You hereby acknowledge and agree that for any market data or other information that Syfe or any of Syfe’s third party service provider (collectively referred as “the market data providers”) provide to you in connection with your use of our Platform, you agree that: 4.1.1 all market data is protected by copyright laws. You understand and agree that: (1) The acknowledge that the market data providers have a proprietary rights to all Market Data (e.g. last sales prices, bids, offers, industry classification information, performance interest in the market data and related information provided to you) belong to BNYMSC, its affiliates that originates on or derives from it or its third party markets. Syfe provides market data for your personal non-commercial use; you will not sell, market, retransmit, publish or redistribute it in any way, unless you have entered into appropriate written agreements with the relevant market data providers; 4.1.2 the terms and conditions market data owners impose on market data users or subscribers will apply to you where required and/or applicable. These terms and conditions may be found at ▇▇▇▇▇://▇▇▇.▇▇▇▇.▇▇▇/au/legal?rp=ls (or as may be amended from time to time). We may revise or replace the terms and conditions at any time, and you are expected to check the website from time to time to take notice of any changes made, as they are binding on you. Your continued access and/or use of the Platform following any amendment of the terms and conditions will signify your assent to and acceptance of the revised terms; 4.1.3 Syfe and its market data providers (shall not be liable for the accuracy, completeness, timeliness or correct sequencing of the market data; 4.1.4 Syfe and its market data providers shall not be liable for any interruptions in the availability of market data or your access to market data; 4.1.5 the market data is provided Data Disseminators”) (i.e.as is” and on an “as available” basis. There is no warranty of any kind, express or implied, regarding the various securities markets market data; 4.1.6 the market data does not constitute financial advice and Syfe is therefore not acting as a financial adviser when it provides you with market data; 4.1.7 Syfe and its market data providers are not responsible or liable for any actions that you take or do not take based on such as the NYSEdata or information; 4.1.8 Syfe is not responsible for, American Stock Exchange and NASDAQ and other entities that makeyou agree not to hold liable Syfe or its market data providers for, lost profits, trading losses, or assist other damages resulting from inaccurate, defective, or unavailable market data; 4.1.9 in makingany case, Market Data available Syfe’s liability arising from any legal claim (whether in contract, tort or otherwise) relating to you); the market data will not exceed the amount you have paid for the use of the Services or market data; 4.1.10 you will use such data or information solely for the purposes set out in this Agreement and in compliance with the Applicable Laws; 4.1.11 you will pay such market data fees and any applicable taxes (2if applicable) neither BNYMSC, its affiliates nor any Data Disseminator guarantees associated with your use of our Platform or use of market data as Syfe may reasonably charge from time to time; 4.1.12 you will notify us if you are not or are no longer a non-professional user for market data purposes; 4.1.13 Syfe may require you to comply with certain conditions in relation to your use of the timelines, sequence, accuracy or completeness of Market Data or other messages that the Data Disseminator market data; 4.1.14 Syfe may disseminate; (3) neither BNYMSC, any of its affiliates, nor any Data Disseminators shall have any liability require you to provide us with information in relation to you or to any other person for any loss your use or damage arising from inaccuraciesintended use of market data; 4.1.15 Syfe may, errorsat its discretion, omissions, delays, interruptions or non-performance, whether due to any negligent act or omission of any Data Disseminator or BNYMSC or any of its affiliates, any cause beyond their reasonable control, or otherwise; (4) neither BNYMSC, its affiliates nor any Data Disseminator may be held liable for any discontinuance on the provision of Market Data or for any change in the manner of distribution for any reason; (5) Market Data is made available for your own individual use and you are prohibited from furnishing it to any other person or entity; (6) BNYMSC may terminate remove your access to any or all Market Data, or any Data Disseminator may terminate your authorization to receive Market Data, market data at any time; (7) Data Disseminators are third party beneficiaries under this agreement and are entitled and 4.1.16 Syfe may correct any execution reported to enforce this agreement you that was based on inaccurate market data provided to Syfe by legal proceeding an exchange or otherwise against you or any person that gains access to or uses Market Data other than as this Agreement contemplates. You shall pay the reasonable attorney's fees that any Data Disseminator may incur in so enforcing this agreement; and (8) nothing in this Agreement should be deemed as a solicitation or recommendation to buy or sell any securities or optionsmarket centre.

Appears in 2 contracts

Sources: Client Agreement, Client Agreement

Market Data. You understand and agree that: (1) The proprietary rights to all Market Data market data contained in this web site (e.g. last sales prices, bids, bids offers, industry classification information, performance data and related information provided to youYou) (“Market Data”) belong to BNYMSC, its affiliates BNY Mellon or its third party data providers (“Data Disseminators”) (i.e., the various securities markets such as the NYSE, American Stock Exchange and NASDAQ and other entities that make, or assist in making, Market Data available to you); You): (2) neither BNYMSCBNY Mellon, its affiliates nor any Data Disseminator guarantees the timelines, sequence, accuracy or completeness of Market Data or other messages that the Data Disseminator may disseminate; (3) neither BNYMSCNeither BNY Mellon, any of its affiliates, nor any Data Disseminators shall have any liability to you or to any other person for any loss or damage arising from inaccuracies, errors, omissions, delays, interruptions or non-performance, whether due to any negligent act or omission of any Data Disseminator or BNYMSC BNY Mellon or any of its affiliates, any cause beyond their reasonable control, or otherwise; (4) neither BNYMSCBNY Mellon, its affiliates nor any Data Disseminator may be held liable for any discontinuance on the provision of Market Data or nor for any change in the manner of distribution for any reason; (5) Market Data data is made available for your Your own individual use and you You are prohibited from furnishing it to any other person or entity; (6) BNYMSC BNY Mellon may terminate your Your access to any or all Market Data, or any Data Disseminator may terminate your authorization to receive Market Data, at any time; (7) Data Disseminators are third party beneficiaries under this agreement and are entitled to enforce this agreement by legal proceeding or otherwise against you You or any person that gains access to or uses Market Data other than as this Agreement agreement contemplates. You shall pay the reasonable attorney's ’s fees that any Data Disseminator may incur in so enforcing this agreement; and (8) nothing in this Agreement should be deemed as a solicitation or recommendation to buy or sell any securities or options.

Appears in 2 contracts

Sources: Bny Mellon Wealth Online Agreement, Bny Mellon Wealth Online Agreement

Market Data. You understand 3.1 Client hereby represents and agree warrants to CFI Seychelles that: (1) The proprietary rights : 3.1.1 It has entered into all necessary license and other agreements or arrangements with all third-party providers relating to use, display and/or redistribution, as applicable, of the Market Data, and agrees that it shall maintain all such licenses, agreements and arrangements in full force and ettect for so long as it receives the Market Data (e.g. last sales prices, bids, offers, industry classification information, performance data pursuant to this Agreement. 3.1.2 Client shall use the Market Data for its own purposes as a CFI Seychelles client and related information provided shall use it in a Closed Environment and may not display the Market Data to you) belong to BNYMSC, its affiliates or its any third party data providers (“Data Disseminators”for example its clients) (i.e.and it shall use it as a client for its trading purposes only; 3.2 Client shall keep complete, accurate and up-to-date records relating to its use of the various securities markets Market Data, in compliance with this Agreement. Client shall report to CFI Seychelles any information it requires with regards to the use of Market Data. CFI Seychelles shall have the right to audit Client’s records to ensure compliance with all applicable third party provider terms and conditions, laws, rules and regulations and the terms of this Agreement, and Client agrees to promptly fulfil all requests from CFI Seychelles regarding such matters. 3.3 Client acknowledges and agrees that CFI Seychelles shall report Client as the NYSE, American Stock Exchange and NASDAQ and other entities that make, or assist in making, a professional user to each entity providing Market Data available to you); (2) neither BNYMSCwhich Client has access, its affiliates nor any Data Disseminator guarantees and Client shall pay CFI Seychelles all fees and expenses imposed with respect thereto. To the timelines, sequence, accuracy or completeness extent Client’s actual usage of Market Data at any time exceeds the authorization specified hereunder, CFI Seychelles reserves the right to impose, and Client hereby agrees to pay, CFI Seychelles’s prevailing charges corresponding to Client’s actual usage of Market Data. Any violation of these provisions may be deemed by CFI Seychelles to be a material breach of the terms of this Agreement. 3.4 Client acknowledges and agrees that CFI Seychelles has not granted Client the right to use (except for the performance of this Agreement), sub-license, or to permit any Person to further disseminate, distribute, publish, display or otherwise disclose all or any portion of the Market Data. 3.5 CFI Seychelles reserves the right in its absolute discretion to take any or all of the following actions (a) introduce, in addition to the existing Market Data, the prices of any new traded instruments, (b) withdraw from the Market Data the prices of any traded instrument that ceases trading, and (c) add or remove any other prices from the Market Data made available to Client as CFI Seychelles considers appropriate. 3.6 In the event Client fails to obtain any required license or enter into any agreement or other messages that arrangement, with third- party providers as contemplated above, or fails to meet any reporting requirement of CFI Seychelles or any third-party providers with regard to Client’s use or access to Market Data, CFI Seychelles shall be entitled, in its sole discretion, to take any or all of the Data Disseminator may disseminate; following actions: (3a) neither BNYMSCImmediately terminate this Agreement and Client’s access to the Market Data, any CFI Seychelles API and theTrading Service. (b) Continue to provide the portions of its affiliates, nor any Data Disseminators shall have any liability to you or the licenses services which are not subject to any other person for separate licenses, agreements or arrangements with such third-party providers. (c) Set off any loss or damage arising amount due from inaccuracies, errors, omissions, delays, interruptions or non-performance, whether due CFI Seychelles to any negligent act third-party provider as a result of Client’s use, dissemination, distribution, publication, display or omission other disclosure of Market Data against any Data Disseminator or BNYMSC amounts due and payable to Client under any other agreement to which CFI Seychelles, Client, or any of its affiliatestheir respective affiliates are party, or (d) Invoice Client any cause beyond their reasonable controlamount due and payable from CFI Seychelles to any third-party provider as a result of Client’s use, dissemination, distribution, publication, display or otherwise; (4) neither BNYMSC, its affiliates nor any Data Disseminator may be held liable for any discontinuance on the provision other disclosure of Market Data or Data. 3.7 Client shall indemnify and hold CFI Seychelles harmless of any costs, consequences and/or penalties imposed on CFI Seychelles by any third party for any change in the manner use of distribution for any reason; (5) Market Data is made available for your own individual use and you are prohibited from furnishing it to any other person or entity; (6) BNYMSC may terminate your access to any or all Market Data, or any Data Disseminator may terminate your authorization to receive Market Data, at any time; (7) Data Disseminators are third party beneficiaries under this agreement and are entitled to enforce this agreement by legal proceeding or otherwise against you or any person that gains access to or uses Market Data other than as this Agreement contemplates. You It shall pay the reasonable attorney's fees that any Data Disseminator may incur in so enforcing this agreement; these to CFI Seychelles promptly upon its request and (8) nothing in this Agreement should be deemed as a solicitation or recommendation hereby authorizes CFI Seychelles to buy or sell any securities or optionsdeduct these from its account with CFI Seychelles.

Appears in 2 contracts

Sources: Api Agreement, Api Agreement

Market Data. 4.1 You hereby acknowledge and agree that for any market data or other information that Syfe or any of Syfe’s third party service provider (collectively referred as “the market data providers”) provide to you in connection with your use of our Platform, you agree that: 4.1.1 all market data is protected by copyright laws. You understand and agree that: (1) The acknowledge that the market data providers have a proprietary rights to all Market Data (e.g. last sales prices, bids, offers, industry classification information, performance interest in the market data and related information provided to you) belong to BNYMSC, its affiliates that originates on or derives from it or its third party markets. Syfe provides market data for your personal non-commercial use; you will not sell, market, retransmit, publish or redistribute it in any way, unless you have entered into appropriate written agreements with the relevant market data providers; 4.1.2 the terms of conditions of market data owners will apply to you where required; 4.1.3 Syfe and its market data providers (shall not be liable for the accuracy, completeness, timeliness or correct sequencing of the market data; 4.1.4 Syfe and its market data providers shall not be liable for any interruptions in the availability of market data or your access to market data; 4.1.5 the market data is provided Data Disseminators”) (i.e.as is” and on an “as available” basis. There is no warranty of any kind, express or implied, regarding the various securities markets market data; 4.1.6 the market data does not constitute financial advice and Syfe is therefore not acting as a financial or investment adviser when it provides you with market data; 4.1.7 Syfe and its market data providers are not responsible or liable for any actions that you take or do not take based on such as the NYSEdata or information; 4.1.8 Syfe is not responsible for, American Stock Exchange and NASDAQ and other entities that makeyou agree not to hold liable Syfe or its market data providers for, lost profits, trading losses, or assist other damages resulting from inaccurate, defective, or unavailable market data; 4.1.9 in makingany case, Market Data available Syfe’s liability arising from any legal claim (whether in contract, tort or otherwise) relating to you); the market data will not exceed the amount you have paid for the use of the Services or market data; 4.1.10 you will use such data or information solely for the purposes set out in this Agreement and in compliance with the Applicable Laws; 4.1.11 you will pay such market data fees and any applicable taxes (2if applicable) neither BNYMSC, its affiliates nor any Data Disseminator guarantees associated with your use of our Platform or use of market data as Syfe may reasonably charge from time to time; 4.1.12 you will notify us if you are not or are no longer a non-professional user for market data purposes; 4.1.13 Syfe may require you to comply with certain conditions in relation to your use of the timelines, sequence, accuracy or completeness of Market Data or other messages that the Data Disseminator market data; 4.1.14 Syfe may disseminate; (3) neither BNYMSC, any of its affiliates, nor any Data Disseminators shall have any liability require you to provide us with information in relation to you or to any other person for any loss your use or damage arising from inaccuraciesintended use of market data; 4.1.15 Syfe may, errorsat its discretion, omissions, delays, interruptions or non-performance, whether due to any negligent act or omission of any Data Disseminator or BNYMSC or any of its affiliates, any cause beyond their reasonable control, or otherwise; (4) neither BNYMSC, its affiliates nor any Data Disseminator may be held liable for any discontinuance on the provision of Market Data or for any change in the manner of distribution for any reason; (5) Market Data is made available for your own individual use and you are prohibited from furnishing it to any other person or entity; (6) BNYMSC may terminate remove your access to any or all Market Data, or any Data Disseminator may terminate your authorization to receive Market Data, market data at any time; (7) Data Disseminators are third party beneficiaries under this agreement and 4.1.16 Syfe may correct any execution reported to you that was based on inaccurate market data provided to Syfe by an exchange or market centre. There is no warranty of merchantability, no warranty of fitness for a particular purpose and are entitled to enforce this agreement by legal proceeding no warranty of non-infringement, and there is no other warranty of any kind, express or otherwise against you or any person that gains access to or uses Market Data other than as this Agreement contemplates. You shall pay implied, regarding the reasonable attorney's fees that any Data Disseminator may incur in so enforcing this agreement; and (8) nothing in this Agreement should be deemed as a solicitation or recommendation to buy or sell any securities or optionsmarket data.

Appears in 1 contract

Sources: Client Agreement

Market Data. You understand We and agree that: (1) The proprietary rights to all Market Data (e.g. last sales prices, bids, offers, industry classification information, performance data and related information provided to you) belong to BNYMSC, its affiliates or its third party data providers (“Data Disseminators”) (i.e., the various securities markets such as the NYSE, American Stock Exchange and NASDAQ and other entities that make, or assist in making, Market Data available to you); (2) neither BNYMSC, its affiliates nor any Data Disseminator guarantees the timelines, sequence, accuracy or completeness provider of Market Data or other messages that are not liable: if the Data Disseminator may disseminate; (3) neither BNYMSC, any of its affiliates, nor any Data Disseminators shall have any liability to you or to any other person for any loss or damage arising from inaccuracies, errors, omissions, delays, interruptions or non-performance, whether due to any negligent act or omission of any Data Disseminator or BNYMSC or any of its affiliates, any cause beyond their reasonable control, or otherwise; (4) neither BNYMSC, its affiliates nor any Data Disseminator may be held liable for any discontinuance on the provision of Market Data is inaccurate or for incomplete in any change in respect; If the manner of distribution Market Data is delayed for any reason; (5) or for any actions you take or do not take. You will use Market Data solely as part of Online Systems and will not redistribute or disclose it, save as required under Applicable Regulations. Market Data is made available for your confidential and it is the intellectual property of us or our licensor(s). We may collect trade-related data and aggregate it with data of other users such that no user can be readily identified. We shall own individual use all rights in that aggregated data; you will pay any agreed market data fees and you are prohibited from furnishing it any applicable Taxes. We reserve the right to any other person or entity; (6) BNYMSC may terminate your access to take any or all of the following actions: introduce new instruments to the Market Data; remove any instruments from the Market Data; add or remove prices from the Market Data; otherwise vary the Market Data; charge you for provision of Market Data; and cease provision of all or any Market Data. The Market Data is provided to you “as is“. You are responsible for all decisions you take to place (or refrain from placing) trades and Orders. It is up to you to decide to what extent (if any) you should rely on the Market Data in making such decisions. To the maximum legal extent allowed by applicable law, all warranties and representations in relation to the Market Data are hereby disclaimed and excluded. Neither we nor our third party service providers will be liable for, and you agree not to hold or seek to hold us or our officers, directors, employees, agents or third party service providers liable for any inaccurate or incomplete information, or any Data Disseminator may terminate your authorization to receive actions you take or do not take based on the Market Data. In no event will we be liable to you for any direct or indirect loss, at any time; cost, injury or damages (7including loss of profits, punitive, consequential, special or similar damages even if advised of the possibility of such damage) Data Disseminators are third party beneficiaries under this agreement and are entitled to enforce this agreement by legal proceeding whether in contract, tort (including breach of statutory duty or negligence), strict liability, or otherwise against you arising out of or any person that gains access to caused in whole or uses in part by your use of or reliance on the Market Data other than as this Agreement contemplatesData. You shall pay the reasonable attorney's fees that any Data Disseminator may incur in so enforcing this agreement; and (8) nothing in this Agreement should be deemed as a solicitation or recommendation to buy or sell any securities or options.are not permitted to:

Appears in 1 contract

Sources: Standard Terms of Business

Market Data. You understand and agree that: (1) The proprietary rights to all Market Data market data contained in this web site (e.g. last sales prices, bids, offersbids of- fers, industry classification information, performance data and related information provided to youYou) (“Market Data”) belong to BNYMSC, its affiliates BNY Mellon or its third party data providers (“Data Disseminators”) (i.e., the various securities markets such as the NYSE, American Stock Exchange and NASDAQ and other entities that make, or assist in making, Market Data available to you); You): (2) neither BNYMSCBNY Mellon, its affiliates af- filiates nor any Data Disseminator guarantees the timelinestimeliness, sequence, accuracy or completeness of Market Data or other messages that the Data Disseminator may disseminate; (3) neither BNYMSCNeither BNY Mellon, any of its affiliates, nor any Data Disseminators shall have any liability to you or to any other person for any loss or damage arising from inaccuracies, errors, omissions, delays, interruptions or non-non- performance, whether due to any negligent act or omission of any Data Disseminator or BNYMSC BNY Mellon or any of its affiliates, any cause beyond their reasonable control, or otherwise; (4) neither BNYMSCBNY Mellon, its affiliates nor any Data Disseminator may be held liable for any discontinuance on the provision of Market Data or nor for any change in the manner of distribution for any reason; (5) Market Data data is made available for your Your own individual use and you You are prohibited from furnishing it to any other person or entity; (6) BNYMSC BNY Mellon may terminate your Your access to any or all Market Data, or any Data Disseminator may terminate your authorization to receive Market Data, at any time; (7) Data Disseminators are third party beneficiaries under this agreement and are entitled to enforce this agreement by legal proceeding or otherwise against you You or any person that gains access to or uses Market Data other than as this Agreement agreement contemplates. You shall pay the reasonable attorney's ’s fees that any Data Disseminator may incur in so enforcing this agreement; and (8) nothing in this Agreement should be deemed as a solicitation or recommendation to buy or sell any securities or options.and

Appears in 1 contract

Sources: Bny Mellon Wealth Online Agreement

Market Data. You understand and agree that: (1) The proprietary rights to all Market Data market data contained in this web site (e.g. last sales prices, bids, bids offers, industry classification information, performance data and related information provided to youYou) (“Market Data”) belong to BNYMSC, its affiliates BNY Mellon or its third party data providers (“Data Disseminators”) (i.e., the various securities markets such as the NYSE, American Stock Exchange and NASDAQ and other entities that make, or assist in making, Market Data available to you); You): (2) neither BNYMSCBNY Mellon, its affiliates nor any Data Disseminator guarantees the timelinestimeliness, sequence, accuracy or completeness of Market Data or other messages that messagesthat the Data Disseminator may disseminate; (3) neither BNYMSCNeither BNY Mellon, any of its affiliates, nor any Data Disseminators shall have any liability to you or to any other person for any loss or damage arising from inaccuracies, errors, omissions, delays, interruptions or non-non- performance, whether due to any negligent act or omission of any Data Disseminator or BNYMSC BNY Mellon or any of its affiliates, any cause beyond their reasonable control, or otherwise; (4) neither BNYMSCBNY Mellon, its affiliates nor any Data Disseminator may be held liable for any discontinuance on the provision of Market Data or nor for any change in the manner of distribution for any reason; (5) Market Data is made data ismade available for your Your own individual use and you You are prohibited from furnishing it to any other person or entity; (6) BNYMSC BNY Mellon may terminate your Your access to any or all Market Data, or any Data Disseminator may terminate your authorization to receive Market Data, at any time; (7) Data Disseminators are third party beneficiaries under this agreement and are entitled to enforce this agreement by legal proceeding or otherwise against you You or any person that gains access to or uses Market Data other than as this Agreement agreement contemplates. You shall pay the reasonable attorney's ’s fees that any Data Disseminator may incur in so enforcing this agreement; and (8) nothing in this Agreement should be deemed as a solicitation or recommendation to buy or sell any securities or options.and

Appears in 1 contract

Sources: Bny Mellon Wealth Online Agreement

Market Data. You understand and agree that: (1) The proprietary rights to all Market Data (e.g. last sales prices, bids, offers, industry classification information, performance data and related information provided to you) belong to BNYMSC, its affiliates or its third party data providers (“Data Disseminators”) (i.e., the various securities markets such as the NYSE, American Stock Exchange and NASDAQ and other entities that make, or assist in making, Market Data available to you); (2) neither BNYMSC, its affiliates nor any Data Disseminator guarantees the timelinestimeliness, sequence, accuracy or completeness of Market Data or other messages that the Data Disseminator may Disseminatormay disseminate; (3) neither BNYMSC, any of its affiliates, nor any Data Disseminators shall have any liability to you or to any other person for any loss or damage arising from inaccuracies, errors, omissions, delays, interruptions or non-performance, whether due to any toany negligent act or omission of any Data Disseminator or BNYMSC or any of its affiliates, any cause beyond their reasonable control, ,or otherwise; (4) neither BNYMSC, its affiliates nor any Data Disseminator may be held liable for any discontinuance on the provision of Market Data or for any change in the manner of distribution for any reason; (5) Market Data is made available for your own individual use and you are prohibited from furnishing it to any other person or entity; (6) BNYMSC may terminate your access to any or all Market Data, or any Data Disseminator may terminate your authorization to receive Market Data, at any time; (7) Data Disseminators are third party beneficiaries under this agreement and are entitled to enforce this agreement by legal proceeding or otherwise against otherwiseagainst you or any person that gains access to or uses Market Data other than as this Agreement contemplates. You shall pay the reasonable attorney's ’s fees that any Data Disseminator may incur in so enforcing this agreement; and (8) nothing in this Agreement should be deemed as a solicitation or recommendation to buy or sell any securities or options.

Appears in 1 contract

Sources: Bny Mellon Wealth Online Agreement

Market Data. tastytrade obtains market data from exchanges, markets, associations, electronic communications networks, and from other third-party providers that transmit market data (collectively, “Market Data Providers”). You acknowledge that the market data is provided “as is” and on an “as available” basis. There is no warranty of any kind, express or implied, regarding the market data. The market data is believed to be reliable, but neither tastytrade nor Market Data Providers can guarantee the accuracy, completeness, timeliness or correct sequencing of the market data. Therefore, you agree that tastytrade may correct any execution reported to you that was based on inaccurate market data, unbeknownst to tastytrade, provided to the Firm by Market Data Providers. You understand and that you are responsible for any corrected price or size of the execution of your order that reflects the actual execution of your order pursuant to the Exchange’s rules where your order was routed for execution. Furthermore, you agree that: (1) The proprietary rights to all not hold tastytrade or Market Data (e.g. last sales prices, bids, offers, industry classification information, performance Providers liable for interruptions in the availability of market data or your access to market data. You agree to hold harmless and related information provided to you) belong to BNYMSCindemnify tastytrade, its officers, directors, employees, agents and affiliates or its third party data providers (“Data Disseminators”) (i.e.and those officers, directors, employees, agents and affiliates of the various securities markets such as the NYSE, American Stock Exchange and NASDAQ and other entities that make, or assist in making, Market Data available to you); (2) neither BNYMSC, its affiliates nor any Data Disseminator guarantees the timelines, sequence, accuracy or completeness of Market Data or other messages that the Data Disseminator may disseminate; (3) neither BNYMSC, any of its affiliates, nor any Data Disseminators shall have Providers from any liability with respect to you interruptions in the availability of market data, your access to market data, lost profits, trading losses or to any other person for any loss damages resulting from inaccurate, defective or damage arising unavailable market data. To the extent a tribunal from inaccuracies, errors, omissions, delays, interruptions or non-performance, whether due to any negligent act or omission of any Data Disseminator or BNYMSC or any of its affiliates, any cause beyond their reasonable control, or otherwise; (4) neither BNYMSC, its affiliates nor any Data Disseminator may a component jurisdiction determines that tastytrade should be held liable for any discontinuance on such losses, you agree that tastytrade’s liability will not exceed the provision amount you paid for the receipt of the market data. You acknowledge that the Market Data Providers have a proprietary interest in their market data. You may not sell, market, repurpose or for redistribute the market data in any change in the manner way. You acknowledge that it is solely your responsibility to ensure your employment information and use of distribution for any reason; (5) Market Data market data on record is made available for your own individual use current and accurate at all times, and you are prohibited from furnishing it agree to any other person or entity; (6) BNYMSC may terminate pay all applicable fees charged to as result of you not properly disclosing your access employment information and use of market data as tastytrade reserves the right to any or all Market Data, or any Data Disseminator may terminate your authorization to receive Market Data, at any time; (7) Data Disseminators are third party beneficiaries under this agreement and are entitled to enforce this agreement by legal proceeding or otherwise against you or any person that gains access to or uses Market Data other than as this Agreement contemplates. You shall pay the reasonable attorney's fees that any Data Disseminator may incur in so enforcing this agreement; and (8) nothing in this Agreement should be deemed as a solicitation or recommendation to buy or sell any securities or optionsdo so.

Appears in 1 contract

Sources: Futures Customer Agreement

Market Data. You understand and agree that: (1) The proprietary rights to all Market Data (e.g. last sales prices, bids, offers, industry classification classifica- tion information, performance data and related information provided to you) belong to BNYMSC, its affiliates or its third party data providers (“Data Disseminators”) (i.e., the various securities markets such as the NYSE, American Stock Exchange and NASDAQ and other entities that make, or assist in making, Market Data available to you); (2) neither BNYMSC, its affiliates nor any Data Disseminator Dissemi- nator guarantees the timelinestimeliness, sequence, accuracy or completeness of Market Data or other messages that the Data Disseminator Dissemina- tor may disseminate; (3) neither BNYMSC, any of its affiliates, nor any Data Disseminators shall have any liability to you or to any other person for any loss or damage arising from inaccuracies, errors, omissions, delays, interruptions or non-performance, whether due to any negligent act or omission of any Data Disseminator or BNYMSC or any of its affiliates, any cause beyond their reasonable control, or otherwise; (4) neither BNYMSC, its affiliates nor any Data Disseminator may be held liable for any discontinuance on the provision of Market Data or for any change in the manner of distribution for any reason; (5) Market Data is made available for your own individual use and you are prohibited from furnishing it to any other person or entity; (6) BNYMSC may terminate your access to any or all Market Data, or any Data Disseminator may terminate your authorization to receive Market Data, at any time; (7) Data Disseminators are third party beneficiaries under this agreement and are entitled to enforce this agreement by legal proceeding or otherwise against you or any person that gains access to or uses Market Data other than as this Agreement contemplates. You shall pay the reasonable attorney's ’s fees that any Data Disseminator may incur in so enforcing this agreement; and (8) nothing in this Agreement should be deemed as a solicitation or recommendation to buy or sell any securities or options. You agree to the following terms with respect to your use of online communications, such as e-mails, via Online Services: you will not transmit orders using online communications except through those online features designated by BNYMSC for placing orders; you will not use any online communication feature of the Online Services for purposes that may be unlawful, libelous, defamatory, obscene or threatening; you will not post, reproduce or distribute any information, software or other materials protected by copy- right or other intellectual property rights without first obtaining the permission of the owner of such rights; you agree to provide BNYMSC with your e- mail address, promptly notify BNYMSC with any changes to your e-mail address and accept online com- munications from BNYMSC at the indicated e-mail address; and you agree to be bound by any consent or agreement you transmit through the Online Services, including but not limited to, any consent or agreement you give to receive communications from BNYM- SC solely through online means. You acknowledge that when you continue to use this site, with your keystroke or other computer device, your consent or agreement will be legally binding and enforceable. BNYMSC is a registered broker-dealer and a member of the Financial Industry Regulatory Authority (FINRA), and the Securities In- vestor Protection Corporation (SIPC). BNYMSC is a subsidiary of The Bank of New York Mellon Corporation. Accounts are introduced by BNYMSC to Pershing LLC, which is an affiliate of BNYMSC. rev. July 2022 WHAT DOES BNY MELLON DO WITH YOUR PERSONAL INFORMATION? FACTS Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do. The types of personal information we collect and share depend on the product or service you have with us. This information can include: ▪ Social Security number ▪ Account balances ▪ Assets ▪ Credit history ▪ Income ▪ Transaction history All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons BNY Mellon chooses to share; and whether you can limit this sharing. Reasons we can share your personal information Does BNY Mellon share? Can you limit this sharing? For our everyday business purposes— such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus Yes No For our marketing purposes— to offer our products and services to you Yes No For joint marketing with other financial companies No We don’t share For our affiliates’ everyday business purposes— information about your transactions and experiences Yes No For our affiliates’ everyday business purposes— information about your creditworthiness No We don’t share For our affiliates to market to you Yes Yes For nonaffiliates to market to you No We don’t share When you call, you will need to provide: • The last 4 digits of your Social Security number • Your zip code • The first 5 letters of your last name (Provide all letters if your name is less than 5 letters.)

Appears in 1 contract

Sources: Bny Mellon Wealth Online Agreement

Market Data. dough obtains market data from exchanges, markets, associations, electronic communications networks, and from other third-party providers that transmit market data (collectively, “Market Data Providers”). You acknowledge that the market data is provided “as is” and on an “as available” basis. There is no warranty of any kind, express or implied, regarding the market data. The market data is believed to be reliable, but neither dough nor Market Data Providers can guarantee the accuracy, completeness, timeliness or correct sequencing of the market data. Therefore, you agree that dough may correct any execution reported to you that was based on inaccurate market data, unbeknownst to dough, provided to the Firm by Market Data Providers. You understand and that you are responsible for any corrected price or size of the execution of your order that reflects the actual execution of your order pursuant to the Exchange’s rules where your order was routed for execution. Furthermore, you agree that: (1) The proprietary rights to all not hold dough or Market Data (e.g. last sales prices, bids, offers, industry classification information, performance Providers liable for interruptions in the availability of market data or your access to market data. You agree to hold harmless and related information provided to you) belong to BNYMSCindemnify dough, its officers, directors, employees, agents and affiliates or its third party data providers (“Data Disseminators”) (i.e.and those officers, directors, employees, agents and affiliates of the various securities markets such as the NYSE, American Stock Exchange and NASDAQ and other entities that make, or assist in making, Market Data available to you); (2) neither BNYMSC, its affiliates nor any Data Disseminator guarantees the timelines, sequence, accuracy or completeness of Market Data or other messages that the Data Disseminator may disseminate; (3) neither BNYMSC, any of its affiliates, nor any Data Disseminators shall have Providers from any liability with respect to you interruptions in the availability of market data, your access to market data, lost profits, trading losses or to any other person for any loss damages resulting from inaccurate, defective or damage arising unavailable market data. To the extent a tribunal from inaccuracies, errors, omissions, delays, interruptions or non-performance, whether due to any negligent act or omission of any Data Disseminator or BNYMSC or any of its affiliates, any cause beyond their reasonable control, or otherwise; (4) neither BNYMSC, its affiliates nor any Data Disseminator may component jurisdiction determines that dough should be held liable for any discontinuance on such losses, you agree that dough’ liability will not exceed the provision amount you paid for the receipt of the market data. You acknowledge that the Market Data Providers have a proprietary interest in their market data. You may not sell, market, repurpose or for redistribute the market data in any change in the manner way. You acknowledge that it is solely your responsibility to ensure your employment information and use of distribution for any reason; (5) Market Data market data on record is made available for your own individual use current and accurate at all times, and you are prohibited from furnishing it agree to any other person or entity; (6) BNYMSC may terminate pay all applicable fees charged to as result of you not properly disclosing your access employment information and use of market data as dough reserves the right to any or all Market Data, or any Data Disseminator may terminate your authorization to receive Market Data, at any time; (7) Data Disseminators are third party beneficiaries under this agreement and are entitled to enforce this agreement by legal proceeding or otherwise against you or any person that gains access to or uses Market Data other than as this Agreement contemplates. You shall pay the reasonable attorney's fees that any Data Disseminator may incur in so enforcing this agreement; and (8) nothing in this Agreement should be deemed as a solicitation or recommendation to buy or sell any securities or optionsdo so.

Appears in 1 contract

Sources: Futures Customer Agreement

Market Data. Integrated Investment Research obtains market data from exchanges, markets, associations, electronic communications networks, and from other Third-Party Providers that transmit market data (collectively, “Market Data Providers”). You acknowledge that the market data is provided “as is” and on an “as available” basis. There is no warranty of any kind, express or implied, regarding the market data. The market data is believed to be reliable, but neither Integrated Investment Research nor Market Data Providers can guarantee the accuracy, completeness, timeliness or correct sequencing of the market data. Therefore, you agree that Integrated Investment Research may correct any execution reported to you that was based on inaccurate market data, unbeknownst to Integrated Investment Research, provided to the Firm by Market Data Providers. You understand and that you are responsible for any corrected price or size of the execution of your order that reflects the actual execution of your order pursuant to the Exchange’s rules where your order was routed for execution. Furthermore, you agree that: (1) The proprietary rights to all not hold Integrated Investment Research or Market Data (e.g. last sales prices, bids, offers, industry classification information, performance Providers liable for interruptions in the availability of market data or your access to market data. You agree to hold harmless and related information provided to you) belong to BNYMSCindemnify Integrated Investment Research, its officers, directors, employees, agents and affiliates or its third party data providers (“Data Disseminators”) (i.e.and those officers, directors, employees, agents and affiliates of the various securities markets such as the NYSE, American Stock Exchange and NASDAQ and other entities that make, or assist in making, Market Data available to you); (2) neither BNYMSC, its affiliates nor any Data Disseminator guarantees the timelines, sequence, accuracy or completeness of Market Data or other messages that the Data Disseminator may disseminate; (3) neither BNYMSC, any of its affiliates, nor any Data Disseminators shall have Providers from any liability with respect to you interruptions in the availability of market data, your access to market data, lost profits, trading losses or to any other person for any loss damages resulting from inaccurate, defective or damage arising unavailable market data. To the extent a tribunal from inaccuracies, errors, omissions, delays, interruptions or non-performance, whether due to any negligent act or omission of any Data Disseminator or BNYMSC or any of its affiliates, any cause beyond their reasonable control, or otherwise; (4) neither BNYMSC, its affiliates nor any Data Disseminator may component jurisdiction determines that Integrated Investment Research should be held liable for any discontinuance on such losses, you agree that Integrated Investment Research’ liability will not exceed the provision amount you paid for the receipt of the market data. You acknowledge that the Market Data Providers have a proprietary interest in their market data. You may not sell, market, repurpose or for redistribute the market data in any change in the manner way. You acknowledge that it is solely your responsibility to ensure your employment information and use of distribution for any reason; (5) Market Data market data on record is made available for your own individual use current and accurate at all times, and you are prohibited from furnishing it agree to any other person or entity; (6) BNYMSC may terminate pay all applicable fees charged to as result of you not properly disclosing your access employment information and use of market data as tastyworks reserves the right to any or all Market Data, or any Data Disseminator may terminate your authorization to receive Market Data, at any time; (7) Data Disseminators are third party beneficiaries under this agreement and are entitled to enforce this agreement by legal proceeding or otherwise against you or any person that gains access to or uses Market Data other than as this Agreement contemplates. You shall pay the reasonable attorney's fees that any Data Disseminator may incur in so enforcing this agreement; and (8) nothing in this Agreement should be deemed as a solicitation or recommendation to buy or sell any securities or optionsdo so.

Appears in 1 contract

Sources: Integrated Investment Research Terms and Conditions