Agreement
Customer acknowledges and agrees that the use of the Website, including any and all information, statements, materials, articles, research, data, software, links to third-party websites, products and services made available on or accessible through the Website (collectively, “Content”), is conditioned on Customer’s adherence to these Terms of Use, and that such acceptance creates a valid and binding contract between Customer and IEX Group, Inc. and its subsidiaries and affiliates (together, “IEX”). These Terms of Use are to be observed in addition to the terms of any agreement Customer may have with IEX and are not intended to modify or supersede the terms of such agreement(s), which agreement(s), in the event of any conflicting terms, will govern. By using the Website and the Content, Customer further agrees: (a) to comply with U.S. law regarding the transmission of any information through the Website; (b) not to use the Website for illegal purposes; and (c) not to interfere with, trespass on or disrupt the networks or computers and equipment connected to the Website. If, at any time, Customer does not wish to accept these Terms of Use, Customer must discontinue use of the Website and any Content obtained from the Website.
No representation, solicitation, recommendation or offer
Securities or financial instruments mentioned in the Website may not be suitable or appropriate for all investors. Customer’s particular needs, investment objectives and financial situation were not taken into account in the preparation of the Website. The fact that IEX has made or may make Content available on or accessible through the Website does not constitute a representation by IEX that any such Content is suitable or appropriate for Customer. The Content is for Customer’s personal use, and IEX 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 IEX considers reliable, IEX 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 Customer’s sole risk.
Intellectual property
The Website, including the Content, is owned by IEX 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 IEX. 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 “fair use” under the Copyright Act of 1976 (17 U.S.C. §107), as amended, and except for one temporary copy in a single computer’s memory, without the prior written consent of IEX 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 IEX’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.” IEX, ITS LICENSORS, AND THEIR OFFICERS, DIRECTORS, AND EMPLOYEES (COLLECTIVELY, THE “IEX PARTIES”), 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 IEX PARTIES HAVE NO RESPONSIBILITY TO MAINTAIN THE WEBSITE OR ANY PORTION THEREOF OR TO SUPPLY ANY CORRECTIONS, UPDATES, OR RELEASES THERETO. THE IEX 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 CUSTOMER’S EQUIPMENT. AVAILABILITY OF THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. NO ORAL OR WRITTEN ADVICE OR INFORMATION GIVEN BY IEX, ITS EMPLOYEES OR LICENSEES WILL CREATE A WARRANTY OR GUARANTY, NOR MAY CUSTOMER RELY ON ANY SUCH INFORMATION OR ADVICE.
Limitation of liability
UNDER NO CIRCUMSTANCES SHALL THE IEX PARTIES HAVE ANY LIABILITY TO CUSTOMER OR TO ANY OTHER PERSON FOR THE QUALITY, ACCURACY, TIMELINESS, CONTINUED AVAILABILITY OR COMPLETENESS OF THE WEBSITE OR ANY PORTION THEREOF. IN NO EVENT WILL THE IEX PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES THAT CUSTOMER OR ANY OTHER PERSON MAY INCUR IN CONNECTION WITH CUSTOMER’S ABILITY OR INABILITY TO USE THE WEBSITE, OR ANY PORTION THEREOF, OR INTERRUPTION OF SERVICE, INCLUDING BUT NOT LIMITED TO, DELAYS OR INTERRUPTION OF INTERNET OR NETWORK SERVICES NOT OPERATED OR CONTROLLED BY THE IEX PARTIES, OR OMISSIONS OR INACCURACIES IN SUCH INFORMATION OR MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND LOSS OF REVENUE, EVEN IF ANY OF THE IEX PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOTHING IN THESE TERMS OF USE EXCLUDES OR RESTRICTS IEX'S LIABILITY IN RESPECT OF A BREACH BY IEX OF ANY DUTY OR LIABILITY IT MAY HAVE TO CUSTOMER UNDER APPLICABLE REGULATIONS OR LAWS; FRAUD, WILFUL NEGLECT OR FOR DEATH OR PERSONAL INJURY CAUSED BY IEX’S NEGLIGENCE; OR ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED. IT IS CUSTOMER’S RESPONSIBILITY TO ENSURE THAT CUSTOMER MAINTAINS ADEQUATE INSURANCE TO COVER ANY DAMAGES, LOSSES, COSTS OR EXPENSES CUSTOMER MIGHT SUFFER IN THE EVENT OF ANY FAILURE OR UNAVAILABILITY OF THE WEBSITE.
Indemnification
Customer agrees to indemnify, defend and hold harmless IEX from and against any and all losses, liabilities, judgments, fines, settlements, damages, costs and expenses (including attorneys’ fees) resulting from or arising out of any suits, actions, claims, demands, investigations, hearings or similar proceedings (collectively, “Proceedings”) to the extent such Proceedings are based on or result from (i) Customer’s inability to use the Website or any portion thereof, or any data, information, service, report, analysis or publication Customer derives therefrom; (ii) Customer’s breach or violation of any term or condition contained herein; or (iii) Customer’s violation of state or federal securities laws or regulations or any other person’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 IEX. IEX 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. IEX is not responsible or liable for, and makes no representations or warranties, concerning the content of any such third-party websites. The fact that IEX 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 IEX with respect to that website, its owners, or its providers. Customer accesses that website and any services or information provided therein at Customer’s own risk.
Computer viruses
Customer shall not introduce into the Website any code, malicious or hidden procedures, routines or mechanisms that would inhibit other Customers’ 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 IEX.
Suspicious activity
If IEX determines that Customer is engaging in, or has engaged in, any suspicious activity, IEX reserves the right to terminate Customer’s access to all or part of the Website immediately and, if deemed appropriate by IEX in its sole discretion, to notify any relevant government or regulatory authority.
Complaints
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 IEX 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).
Modifications to terms of use
IEX reserves the right, without notice and at its sole discretion, to modify any portion of these Terms of Use. Customer should continue to review these Terms of Use whenever accessing or using the Website. Customer’s use of the Website after the posting of changes to these Terms of Use will constitute Customer’s acceptance of these Terms of Use, as modified, and Customer will be bound by any such changes as of the date they are first posted to the Website. IEX expressly rejects any terms and conditions proposed by Customer that are in addition to or that conflict with these Terms of Use and such proposed terms and conditions shall be of no force or effect.
Enforceability and governing law
If any provision of these Terms of Use 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. Any dispute, controversy or claim arising out of or related to the Website or these Terms of Use shall be governed by and interpreted under the laws of New York County in the State of New York (excluding any rules of law that would lead to the application of the laws of any other jurisdiction).
Confidentiality
IEX 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 IEX over the Internet is, and will be treated as, non-confidential and non-proprietary. Customer’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, IEX may disclose Customer’s name and other personal and financial information about Customer or Customer’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 IEX.For additional information regarding the confidentiality of personal information, please refer to IEX’s Privacy Policy.
Testimonials
Testimonials may not be representative of the experience of other investors, partners or clients of IEX, nor do they guarantee IEX's future performance or success.
Contact
Customer may direct any questions or comments regarding these Terms of Use to legal@iextrading.com.
These Terms of Use were last updated on September 6, 2016 and are effective immediately.