NO REPRESENTATION, SOLICITATION, RECOMMENDATION OR OFFER
Securities or financial instruments mentioned in the Website may not be suitable or appropriate for all investors. Customerâ€™s particular needs, investment objectives and financial situation were not taken into account in the preparation of the Website. The fact that Direct Match has made or may make Content available on or accessible through the Website does not constitute a representation by Direct Match that any such Content is suitable or appropriate for Customer. The Content is for Customerâ€™s personal use, and Direct Match is not soliciting any action based upon its provision. The Content is not to be construed as a recommendation or an offer to buy or sell, or the solicitation of an offer to buy or sell, or to enter into any transaction in respect of any security, financial product or other instrument. Although the information contained in the Content is obtained or compiled from or based upon information that Direct Match considers reliable, Direct Match does not represent that such information is accurate, current or complete. Customer acknowledges that: (a) the Website is provided for informational purposes only; (b) the Website may include information taken from third-party sources; and (c) any reliance on any portion of the Content shall be at Customerâ€™s sole risk.
The Website, including the Content, is owned by Direct Match or its licensors, and is protected under the copyright, trademark, data misappropriation, unfair competition, or other intellectual property laws of the U.S. Third-party trademarks and service marks are the property of their respective owners. All other service marks and trademarks displayed on the Website are registered and unregistered service marks and trademarks of Direct Match. The Website is further protected as a collective work and/or compilation under U.S. copyright and other laws. Using, copying, downloading, reformatting or storing any portion of the Website for other than personal, noncommercial use, unless such use constitutes â€œfair useâ€ under the Copyright Act of 1976 (17 U.S.C. Â§107), as amended, and except for one temporary copy in a single computerâ€™s memory, without the prior written consent of Direct Match or the relevant licensor is expressly prohibited. Customer shall not modify, sell, display, distribute, publish, transmit, broadcast or otherwise disseminate the Website or the Content to others without Direct Matchâ€™s prior written consent. Customer agrees to abide by all applicable copyright, trademark and other intellectual property laws and with all additional copyright and trademark notices, information, and restrictions contained in any of the Content.
DISCLAIMER OF WARRANTIES
THE WEBSITE, INCLUDING THE CONTENT, IS PROVIDED "AS IS." DIRECT MATCH, ITS LICENSORS, AND THEIR OFFICERS, DIRECTORS, AND EMPLOYEES (COLLECTIVELY, THE DIRECT MATCH PARTIESâ€), MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AS TO THE WEBSITE OR ANY PORTION THEREOF OR RELATING TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED WEBSITE, UNLESS SUCH REPRESENTATIONS, WARRANTIES AND GUARANTEES ARE NOT LEGALLY EXCLUDABLE. THE DIRECT MATCH PARTIES HAVE NO RESPONSIBILITY TO MAINTAIN THE WEBSITE OR ANY PORTION THEREOF OR TO SUPPLY ANY CORRECTIONS, UPDATES, OR RELEASES THERETO. THE DIRECT MATCH PARTIES DO NOT WARRANT THAT THE WEBSITE OR ANY PORTION THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER ON WHICH IT IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SOFTWARE THEREIN IS COMPATIBLE WITH CUSTOMERâ€™S EQUIPMENT. AVAILABILITY OF THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY DIRECT MATCH, ITS EMPLOYEES OR LICENSEES WILL CREATE A WARRANTY OR GUARANTY, NOR MAY CUSTOMER RELY ON ANY SUCH INFORMATION OR ADVICE.
LIMITATION OF LIABILITY
Customer agrees to indemnify, defend and hold harmless Direct Match from and against any and all losses, liabilities, judgments, fines, settlements, damages, costs and expenses (including attorneysâ€™ fees) resulting from or arising out of any suits, actions, claims, demands, investigations, hearings or similar proceedings (collectively, â€œProceedingsâ€) to the extent such Proceedings are based on or result from (i) Customerâ€™s inability to use the Website or any portion thereof, or any data, information, service, report, analysis or publication Customer derives therefrom; (ii) Customerâ€™s breach or violation of any term or condition contained herein; or (iii) Customerâ€™s violation of state or federal securities laws or regulations or any other personâ€™s rights, including but not limited to, infringement of any intellectual property, proprietary or privacy right of any third-party.
HYPERLINKS TO OR FROM THIRD-PARTY WEBSITES
The Website may contain links to certain Internet websites sponsored and maintained by third-parties. These Internet websites are not under the control of Direct Match. Direct Match does not investigate, monitor or review such third-party websites for accuracy, completeness or conformance with applicable regulations or laws. In addition, third-party websites may contain links to the Website. Direct Match is not responsible or liable for, and makes no representations or warranties, concerning the content of any such third-party websites. The fact that Direct Match has provided a link to a third-party website, or that a third-party website has provided a link to the Website, does not constitute an endorsement, authorization, sponsorship, or affiliation by Direct Match with respect to that website, its owners, or its providers. Customer accesses that website and any services or information provided therein at Customerâ€™s own risk.
Customer shall not introduce into the Website any code, malicious or hidden procedures, routines or mechanisms that would inhibit other Customersâ€™ access to the Website, or to enable or impair its operation, nor shall Customer access the Website to gain any unauthorized access to any computer system operated by Direct Match.
If Direct Match determines that Customer is engaging in, or has engaged in, any suspicious activity, Direct Match reserves the right to terminate Customerâ€™s access to all or part of the Website immediately and, if deemed appropriate by Direct Match in its sole discretion, to notify any relevant government or regulatory authority.
The Website is not a forum to register a formal regulatory complaint. If Customer has a specific complaint about the trading of a security, another Customer, or an Direct Match registered representative, Customer should register its complaint with the appropriate regulatory entity. For more information, see www.sec.gov (SEC), www.finra.org (Financial Industry Regulatory Authority) or www.nasaa.org (North American Securities Administrators Association).
ENFORCEABILITY AND GOVERNING LAW
Direct Match will endeavor to maintain the confidentiality of personal information Customer provides in connection with the use of the Website and the Content. Nonetheless, Customer acknowledges and agrees that any such information sent via the Internet may not be protected and there can be no assurance that such information will remain confidential. With the exception of personal information, any communication or material Customer posts or transmits to Direct Match over the Internet is, and will be treated as, non-confidential and non-proprietary. Customerâ€™s posting or transmitting of any unlawful, threatening, libelous, defamatory, obscene, pornographic, abusive, discriminatory or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law, is strictly prohibited. In addition, Customer acknowledges and agrees that, subject to applicable law, Direct Match may disclose Customerâ€™s name and other personal and financial information about Customer or Customerâ€™s account(s) to its employees, representatives, officers, directors, agents and affiliates, or to any governmental or regulatory authority or self-regulatory organization, or to any third-party service provider, (i) to comply with applicable laws, rules, orders, subpoenas or requests for information by governmental or regulatory authorities or self-regulatory organizations, or (ii) for any other purpose described in any agreement Customer may have with Direct Match.