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Trading Technologies Terms of Use

Terms of Use Agreement

By browsing and/or using this website (www.tradingtechnologies.com ) and/or any materials, software, code or services obtained on or from this website (“Site”) you agree to abide by the terms of this Terms of Use Agreement. If you do not agree to these terms, you must cease using the Site immediately.

YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ALL OR ANY PART OF THE SITE, EXCEPT AS EXPRESSLY PROVIDED IN THIS LEGAL AND PRIVACY AGREEMENT. THE CONTENTS OF THE SITE MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT TRADING TECHNOLOGIES INTERNATIONAL, INC.’S (TT’S) PRIOR WRITTEN CONSENT. IF YOU DOWNLOAD ANY INFORMATION OR SOFTWARE FROM THIS SITE, YOU AGREE THAT YOU WILL NOT COPY IT OR REMOVE OR OBSCURE ANY COPYRIGHT OR OTHER NOTICES OR LEGENDS CONTAINED IN ANY SUCH INFORMATION. MODIFICATION OF THE SITE CONTENT WOULD BE A VIOLATION OF TT’S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. YOU MAY NOT USE THIS SITE FOR ANY ILLEGAL PURPOSE OR IN ANY MANNER INCONSISTENT WITH APPLICABLE LAW OR THIS LEGAL AND PRIVACY AGREEMENT. YOU MAY NOT OFFER ANY PART OF THE SITE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF TT. YOU MAY NOT USE ANY OF TT’S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN A MANNER THAT SUGGESTS THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH TT’S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE THE SITE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SITE. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS SET FORTH ON THE SITE.

PATENTS

TT products are protected by patents in the U.S. and elsewhere. Further information in compliance with the virtual patent marking provisions of 35 U.S.C. § 287 is provided on webpage ( https://www.tradingtechnologies.com/legal-and-privacy-information/patents/ ).

COPYRIGHT

Copyright © 1997-2016 TT. All rights reserved. All text, images, graphics, animation, videos, music, sounds, software, code and other materials on the Site are subject to the copyrights and other intellectual property rights of TT, its affiliated companies and its licensors. TT owns the copyrights in the selection, coordination and arrangement of the materials on this Site.

TRADEMARK

All trademarks displayed on this Site are subject to the U.S. trademark rights of TT, or are used under agreement in the U.S. by TT. These trademarks include, but are not limited to, service brand names, slogans and logos and emblems including but not limited to: TT®, the Trading Technologies Logo, X_TRADER®, X_STUDY®, X_RISK®, MD Trader®, Autospreader®, TT CVD®, Navigator®, ADL®, Autotrader™, TT Trainer™, TTNET™, Equalizer™ and OCO Trader™. All other referenced companies, individuals and trademarks retain their rights. The unauthorized use of any trademark displayed on this Site is strictly prohibited.

THIRD PARTY WEBSITES

This Site may provide links to certain websites sponsored and maintained by TT as well as those sponsored or maintained by third parties. Such third-party websites are publicly available and TT is providing access to such websites through this Site solely as a convenience to you. The content of such third-party websites, services, goods or advertisements that may be linked to this Site is not maintained or controlled by TT, and TT makes no representations or warranties concerning the content of such websites and the fact that access to such websites is provided does not constitute any endorsement, authorization or sponsorship of such websites or their sponsors by TT nor is there any affiliation between TT and such sponsors and such sponsors do not endorse, authorize or sponsor this Site. Moreover, TT is in no way responsible for the availability, content or accuracy of other websites, services or goods that may be linked to, or advertised on, the Site and does not make any warranty, express or implied, with respect to the use of the links provided on, or to, the Site or guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, goods or advertisements that may be linked to the Site. You understand and agree that you will use or rely on such websites solely at your own risk and that TT does not grant to you any rights in respect of such websites.

NO WARRANTIES

THIS SITE AND THE INFORMATION AND MATERIAL WHICH IT CONTAINS ARE SUBJECT TO CHANGE AT ANY TIME BY TT WITHOUT NOTICE AND TT RESERVES THE RIGHT TO SUSPEND, TERMINATE OR RESTRICT YOUR ACCESS TO OR USE OF THIS SITE. THIS SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OR DATA CONTAINED ON THIS SITE OR IN RESPECT OF ANY MATERIALS OR PRODUCTS REFERRED TO ON THIS SITE, OR NON-INFRINGEMENT. DIFFICULTIES IN USE OF THIS SITE COULD INVOLVE, AMONG OTHERS, FAILURES, DELAYS, MALFUNCTION, SOFTWARE EROSION, INADVERTENT DISCLOSURE OF INFORMATION PROVIDED TO TT VIA THIS SITE, OR HARDWARE DAMAGE, WHICH DIFFICULTIES COULD BE THE RESULT OF HARDWARE, SOFTWARE OR COMMUNICATION LINK INADEQUACIES OR OTHER CAUSES. SUCH DIFFICULTIES COULD LEAD TO POSSIBLE ECONOMIC AND/OR DATA LOSS. TT DOES NOT WARRANT THAT THE SITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE SITE IS FREE OF ERRORS, VIRUSES OR WORMS. IN NO EVENT SHALL TT BE LIABLE FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY EXCLUDED TO THE EXTENT PERMITTED BY LAW.

NO LIABILITY

TT and its directors, officers, employees and agents shall, to the extent permitted by law, have no liability, contingent or otherwise, whether caused by the negligence of TT, its employees, subcontractors, agents, suppliers, or otherwise, to you or to third parties for the accuracy, timeliness, completeness, reliability, performance or continued availability of this Site or for delays or omissions therein, including, but not limited to, inaccuracies or errors in or omissions from quotes and financial data. TT shall have no responsibility to maintain the information or services made available on this Site or to supply any corrections or updates in connection with such information or services. IN NO EVENT WILL TT, ITS SUPPLIERS, OR ITS THIRD PARTY AGENTS BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL OR REPUTATION OR WASTED MANAGEMENT TIME) WHICH MAY BE INCURRED OR EXPERIENCED ON ACCOUNT OF YOUR USING OR RELYING ON THIS SITE OR ANY INFORMATION OR LINKS ON IT, EVEN IF TT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Any limitations or restrictions on liability in this Legal and Privacy Agreement shall only apply to the extent permitted by applicable law. In no event shall TT’s total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you to TT, if any, for accessing this Site.

PRICING

All pricing listed on the Site is subject to agreement of applicable terms and conditions as determined by TT in its sole discretion.

LINKS TO THIRD PARTY WEBSITES

TT may provide links to third-party websites. Since we do not control third-party sites and are not responsible for any personal information you may provide while on such sites, we encourage you to read the terms of service, rules and privacy policies on those websites before using, posting or providing any of your personal information on such sites.

TT reserves the right to modify this policy effective immediately after the posting of the revised policy.

PARTNERS

Mention of third parties and third-party products on any page of this website or otherwise in any TT materials, advertising or promotions is for informational purposes only and constitutes neither an endorsement nor a recommendation. All third-party products, specifications and descriptions are supplied by the third party. TT assumes no responsibility with regard to the selection, performance or use of these vendors or products. All understandings, agreements or warranties, if any, take place directly between the vendors and the prospective users.

SAMPLE CODE

Sample code is provided on the website subject to a limited, revocable, non-transferable license solely for testing purposes and not for commercial use.

ANY SAMPLE CODE PROVIDED ON THE WEBSITE IS PROVIDED “AS IS” WITH NO WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS CODE HAS NOT BEEN TESTED IN ACCORDANCE WITH TT’S NORMAL TESTING PROCEDURES AND TT OFFERS NO GUARANTEES OF ITS EFFECTIVENESS WHATSOEVER. TT SHALL HAVE NO LIABILITY TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOSS OF REVENUE OR USE), WHETHER IN CONTRACT OR TORT, RESULTING FROM CUSTOMER’S USE OF THE SAMPLE CODE, EVEN IF TT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TT’S LIABILITY SHALL IN NO EVENT EXCEED THE FEES PAID BY CUSTOMER FOR THE SAMPLE CODE.

DMCA COPYRIGHT POLICY

Reporting Instances of Copyright Infringement.  If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing TT’s Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the copyright owner;(ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit TT to locate the material; (iv) information reasonably sufficient to permit TT to contact you, such as an address, telephone number, and, if available, an electronic mail;(v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

TT’s designated Copyright Agent to receive notifications of claimed infringement is: Trading Technologies International, Inc. Attn: Copyright Agent, 222 South Riverside Plaza Chicago, Illinois 60606, email: [Email Address]. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

Submitting a Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material, you may send a counter-notice containing the following information to TT’s designated Copyright Agent: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (iii) the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material to be removed or disabled”; and (iv) your name, address, telephone number, and e-mail address.

If a counter-notice is received by TT’s designated Copyright Agent, TT may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user who provided the content, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at TT’s sole discretion.

GOVERNING LAW AND ARBITRATION

You agree that this Legal and Privacy Agreement shall be governed by the law of the state of Illinois, without respect to its conflict of laws principles, and will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. Any claim or dispute between you and TT that arises in whole or in part from or is related to the Site shall be decided exclusively through binding, individual arbitration pursuant to the rules of the American Arbitration Association in Chicago, Illinois, unless you opt out of arbitration by sending an opt out notice to TT at 222 South Riverside Plaza, Chicago, Illinois 60606 within the first 30 days of being subject to this Legal and Privacy Agreement.  You waive your right to participate in class action lawsuits or class-wide arbitration.  In the event that binding arbitration is not enforceable, you consent to the non-exclusive jurisdiction of the state and federal courts in and for Cook County, Illinois.