- USE OF EURONEXT FX WEBSITES
- REGULATORY DISCLOSURE
- DISTRIBUTION AND RESPONSIBILITY OF VISITORS
- LIMITATIONS ON INVESTMENT GUIDANCE AND PROFESSIONAL ADVICE
- USER INFORMATION
- YOUR USE OF THE WEBSITES
- USER GENERATED CONTENT
- CONTENT AVAILABILITY
- THIRD PARTY CONTENT AND RESEARCH
- ACCURACY OF INFORMATION
- PROHIBITED USES
- USE OF LINKS
- EXCLUSION OF WARRANTIES
- DISCLAIMER AND LIMITATION OF LIABILITY
- AGREEMENT TO ARBITRATE; CHOICE OF LAW AND JURISDICTION; NO JURY TRIAL
- PROPRIETARY RIGHTS
USE OF EURONEXT FX WEBSITES
Unless you obtain Euronext FX’s prior written consent, you may not copy, reproduce, republish, upload, post, repost, transmit or distribute any part of the Websites in any manner whatsoever, except for your personal, non-commercial viewing purposes. You may view the content of the Websites on your computer or other Internet compatible device, and make single copies or prints of the content of the Websites for your personal, internal use only. The Websites and the services offered on or through the Websites, including any content and materials thereon, are only for your personal, non-commercial use. Any commercial distribution, publishing or exploitation of the Websites, or any content, code, data, or materials therein, is strictly prohibited unless you have received the prior written permission of Euronext FX or the applicable rights holder. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell, or otherwise exploit any content, code, data, or materials on the Websites. If you make other use of the Websites, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States of America, other countries, as well as applicable local and state laws and may be subject to liability for such unauthorized use. Euronext FX will enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
The Websites and all Content (as defined below) have been prepared for information and/or educational purposes only without regard to any particular user’s investment objectives, financial situation or means. Neither Euronext FX, the Third Party Providers (defined below), nor any of their respective affiliates, officers, directors, employees, agents or licensors are soliciting any action based on information made available on the Websites. Reliance upon any Content contained on or accessed in the Websites is at your own risk. Euronext FX does not warrant that the Websites will be available at any time or from any particular location, will be secure, uninterrupted or error free, that defects or errors will be corrected, or that the Websites are free of viruses or other potentially harmful components.
DISTRIBUTION AND RESPONSIBILITY OF VISITORS
The information on the Websites is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation.
It is the responsibility of visitors to the Websites to ascertain the terms of and comply with any local law or regulation to which they are subject. Nothing on the Euronext FX website shall be considered a solicitation to buy or an offer to sell any security, investment product, product or service to any person.
LIMITATIONS ON INVESTMENT GUIDANCE AND PROFESSIONAL ADVICE
The Euronext FX website is not intended to provide legal, tax or investment advice. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation.
YOUR USE OF THE WEBSITES
You alone are responsible for the content and consequences of any of your activities. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Websites or Euronext FX. Euronext FX is not responsible for any materials posted to this Websites by any third parties. However, Euronext FX reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in Euronext FX’s sole discretion are objectionable or in violation of these Terms, Euronext FX's policies, or applicable law.
You agree not to link from any other website to any of the Websites in any manner such that the Websites, or any page of the Websites, is not viewable in its entirety in a User interface, "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to the Websites from your website at any time upon written notice to you.
USER GENERATED CONTENT
Some web pages or domains included in the Websites may allow for you to submit to, or publish or display on, the Websites or transmit to other Websites users content (“Contributed Content”). When you provide Contributed Content to the Websites, you agree to do so on the following terms (“Contributed Content Guidelines): (i) you are solely responsible for any Contributed Content and other material that you submit to, or publish, or display on the Websites; (ii) you may not submit any Contributed Content or material that infringes, misappropriates or violates the intellectual property, privacy, or other rights of any party or that is subject to any restrictions, or imposes any obligations, on the use or further distribution thereof; (iii) you may not provide any Contributed Content that falsely expresses or implies that such Contributed Content is sponsored or endorsed by Euronext FX; (iv) you may not provide any Contributed Content that is unlawful or that promotes or encourages illegal activity; (v) you agree that you will only provide Contributed Content that you believe to be true, and you will not purposely provide any false or misleading information; (vi) you shall not upload any content that contains a virus, spyware, or other harmful component or malicious or unsolicited software; (vii) you shall not upload any content in which constitutes or contains false or misleading indications of origin, endorsement, or statements of fact; (viii) you further agree that you will not post Contributed Content that: (a) is patently offensive to users of the Websites; (b) harasses or advocates harassment of another person or includes personal information about another person; (c) involves the transmission of unsolicited mass mailing (i.e. “spamming”) or other forms of solicitation; (d) promotes illegal activities or conduct that is abusive; (e) violates any applicable law or regulation; (f) offers to sell or buy any security and/or any other financial instruments; (g) is threatening, obscene, defamatory or libelous; (h) is pornographic or sexually explicit in nature; and/or (i) seeks or recommends providers of material that exploits people under the age of 18, or seeks or recommends providers that solicit personal information from anyone younger than 18 years old.
By posting Contributed Content on the Websites, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Euronext FX a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sublicense, to use, copy, publicly perform, digitally perform, publicly display and distribute such Contributed Content, and to sell, modify, create derivative works from and/or to incorporate such Contributed Content into other works in any form, medium or technology, whether now known or hereafter developed, in each case, without compensation to you. You agree to waive any moral rights that you may have to your Contributed Content. You represent and warrant that none of your Contributed Content is subject to a confidentiality obligation.
Nothing contained herein shall be construed as a restriction on or waiver of any consumer’s legally protected right to make any statement regarding Euronext FX or its employees or agents, or concerning Euronext FX’s goods or services.
Euronext FX reserves the right to change content, products and services, without notice.
THIRD PARTY CONTENT AND RESEARCH
The Euronext FX website may include general news and information, commentary, interactive tools, quotes, research reports and data concerning financial markets and other subjects.
Some of this content may be supplied by companies that are not affiliated with any Euronext FX entity ("Third Party Content"). The source of all Third Party Content is clearly and prominently identified on the Euronext FX website, where applicable.
Third Party Content may be available through framed areas, through hyperlinks to third party web sites, or is simply published on the site. The Third Party Content is protected by applicable intellectual property laws and international treaties and is owned by or licensed from the Third Party Content provider(s) credited.
Euronext FX does not explicitly or implicitly endorse or approve such Third Party Content. The Third Party Content providers do not implicitly or explicitly endorse or approve the Third Party Content, nor should their content be construed as legal, tax or investment advice.
While Euronext FX makes every attempt to provide accurate and timely information to serve the needs of users, neither Euronext FX nor Third Party Content providers guarantee its accuracy, timeliness, completeness or usefulness, and are not responsible or liable for any such content, including any advertising, products, or other materials on or available from third party sites. Third Party Content is provided for informational purposes only and Euronext FX and Third Party Content providers specifically disclaim any liability for Third Party Content available on the website. You will use Third Party Content only at your own risk. THE THIRD PARTY CONTENT IS PROVIDED ON AN "AS-IS" BASIS. THE THIRD PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ACCURACY OF INFORMATION
While Euronext FX has made every effort to ensure the accuracy of the information on this website, the information and content on the website is subject to change without notice. Euronext FX has taken reasonable measures to ensure the accuracy of the information on the website. However, Euronext FX does not guarantee its accuracy, and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access the Websites, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through the Websites.
All content on the Websites is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
The rate information on the Websites is subject to the disclaimers set forth herein. In no event shall Euronext FX or its affiliates and subsidiaries have any liability in connection with the rates for any reason, including without limitation, for any decision made or action taken in reliance upon the rates, for delays or interruptions in delivery of the rates for any reason, or for loss of business revenues, lost profits, or any direct, indirect, consequential, exemplary, special or incidental damages.
Because all servers have limited capacity and are used by many people, do not use the Website in any manner that could damage or overburden any Euronext FX server, or any network connected to any Euronext FX server. Do not use the Euronext FX website in any manner that would interfere with any other party's use of the Euronext FX website.
USE OF LINKS
Euronext FX prohibits caching, unauthorized hypertext links by others to use the Websites and the framing of any Content available on the Websites. Euronext FX reserves the right to disable any unauthorized links or frames and disclaims any responsibility for the content available on any other site reached by links to or from the Websites.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THERE MAY BE DELAYS, OMISSIONS, ERRORS, OR INACCURACIES IN THE CONTENT, AND THE CONTENT IS PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. EURONEXT FX, THE THIRD PARTY PROVIDERS, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS CANNOT AND DO NOT MAKE ANY REPRESENTATIONS AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIM WITH RESEPCT TO THE WEBSITES AND THE CONTENT ALL EXPRESS, IMPLIAD, AND STATUTORY WARRANTIES OF ANY KIND TO YOU OR ANY THIRD PARTY INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES REGARDING ACCRUACY, TIMELINESS, COMPLETENES, CURRENTNESS, RELIABILITY, STABILITIY, READINESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY REPRESENTATIONS OR WARRANTIES ARISING FROM USAGE OR CUSTOM OR TRADE OR BY OPERATION OF LAW. EURONEXT FX, THE THIRD PARTY PROVIDERS, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS ASSUME NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. ANY MATERIAL, INFORMATION OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROGUH THE USE OF THE WEBSITES IS ACCESSED AT YOUR OWN RISK AND DIECRETION AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE OR LOSS TO YOU, INCLUDING AND NOT LIMITED TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR LOSS OR DAMAGE TO ANY PROPERTY OR LOSS OF DATA OR LOSS OF REVENUE THAT RESULTS FROM DOWNLOAD OR USE OF SUCH MATERIAL.
EURONEXT FX DOES NOT CONTROL THE CONTENT PROVIDED BY THIRD PARTY PROVIDERS AND DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT. YOU UNDERSTAND THAT BY USING THE WEBSITES YOU MAY BE EXPOSED TO CONTENT PROVIDED BY THIRD PARTY PROVIDERS THAT IS OFFENSIVE, INDECENT, AND/OR OBJECTIONABLE. UNDER NO CIRCUMSTANCES WILL EURONEXT FX BE LIABLE IN ANY WAY FOR ANY CONTENT PROVIDED BY THRID PARTY PROVIDERS, INCLUDING ANY ERRORS OR OMISSIONS IN ANY SUCH CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY SUCH CONTENT.
IN NO EVENT SHALL EURONEXT FX OR ANY THIRD PARTY PROVIDER OR ANY OF THEIR RESPECTIVE AFFILIATEES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR TO ANYONE ELSE FOR (i) ANY DIRECT, SPECIAL, INCIDENTAL, INDRECT, PUNITIVE, CONSEQUENTIAL DAMAGES OR ANY OTHER LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY CONTENGENCIES BEYOND THEIR CONTROL OR ANY NEGLGIENCE, INCLUDING ANY GROSS NEGLIGENCE, IN PROCURING, PROVIDING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, TRANSMITTING OR DELIVERING THE WEBSITES OR ANY CONTENT THEREON, OR (ii) ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITES OR ANY CONTENT INCLUDING, BUT NOT LIMITED TO, ANY DECISIONMADE OR ACTION TAKEN BY YOU IN RELIANCE UPON SUCH CONTENT, ANY DELAYS , ERRORS, OMISSIONS, OR INTERRUPTIONS IN THE DELIVERY OR TRANSMISSION OF CONTENT, DATA AND SERVICES AVAILABLE ON THE WEBSITES OR ANY WEBSITE OF A THIRD PARTY PROVIDER, OR (iii) ANY OTHER ASPECT OF THE WEBSITES OR ANY WEBSITE OF A THIRD PARTY PROVIDER, OR (iv) FOR ANY TYPES OF DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
For the avoidance of doubt, nothing in the preceding three paragraphs shall limit or otherwise modify any of your liabilities or obligations, any restrictions on contributed content or any other provision set forth above in the section titled, “User Generated Content.”
In addition to the disclaimers and limitations of liability set forth herein, your purchase of any product or service utilizing Euronext FX’s payment processor, is governed by the limitations of liability set forth on that https://stripe.com
As a condition of your use of the Websites, you agree to indemnify and hold Euronext FX and its Third Party Content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your use of the Websites, or from your violation of these Terms.
Euronext FX reserves the right to terminate your usage of the Websites at any time, for any reason, with or without cause and without prior notice.
AGREEMENT TO ARBITRATE; CHOICE OF LAW AND JURISDICTION; NO JURY TRIAL
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in this TOU, the rules set forth in this TOU will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at www.jamsadr.com or 1-800-352-5267. To initiate arbitration, you or Euronext FX Inc. must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office or to JAMS, NY Times Building, 620 8th Ave, 34th Floor, New York, NY 10018. 212-751-2700, 212-751-4099.
(3) Send one copy of the Demand for Arbitration to the other party.
Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to New York is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this agreement shall be held in the United States in New York, NY under New York law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Euronext FX in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND EURONEXT FX WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
EXCLUSIVE JURISDICTION IN NEW YORK: In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in New York, NY.
All right, title and interest in and to the Content are owned, licensed or controlled by Euronext FX, its applicable affiliate or relevant third party (“Third Party Provider”) credited as the owner or lawful provider of the Content. You acknowledge and agree that Euronext FX, its applicable affiliate, and/or the Third Party Provider, as relevant, shall own all right, title, or interest in the Content.
You further acknowledge and agree that, unless Euronext FX, its applicable affiliate, and/or the applicable Third Party Provider give you prior written permission, you will not sell, license, rent, modify, print, copy, reproduce, download, upload, transmit, distribute, disseminate, publicly display, publicly perform, publish, edit, adapt, compile or create derivative works from any Content or materials (including, without limitation, through framing or systematic retrieval to create collections, compilations, databases or directories) or otherwise transfer any of the Content to any third person (including without limitation, others in your company or organization). You agree not to decompile, reverse-engineer or disassemble any software or other products or processes available through the Websites and not to insert any code or product to manipulate the Content in any way that affects the user’s experience. Except if we give you prior written permission, use of any Web browsers (other than generally available third party browsers) engines, software, spiders, robots, avatars, agents, tools or other devices or mechanisms to navigate, search or determine the Websites is strictly prohibited. Requests for such permission regarding Euronext FX Content must be in writing and should be sent to – Euronext FX Inc., Legal Department, 180 Maiden Lane, New York, NY 10038 or via e-mail to: [email protected]. You may print or download a single, unaltered permanent copy or one temporary copy in a single computer’s memory of any Content for your personal, non-commercial use only, provided you keep intact all trademark, copyright and other proprietary notices. Educational institutions may download and reproduce Content on the Websites for distribution in the classroom solely for educational purposes. Distribution outside the classroom or for other than solely education purposes requires express written permission accordance with the above provisions. Use for any other purpose is expressly prohibited by law, and may result in severe civil penalties. Certain Third Party Providers impose additional terms and conditions of use set forth elsewhere herein. Your use of Content from those Third Party Providers is also subject to those terms and conditions of use and you forever hold Euronext FX harmless from any and all claims, obligations, and/or liability arising in connection with the use of any Content, materials, and information provided by any Third Party Provider.
Euronext FX retains the right, at its sole discretion, to terminate any User accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, then Euronext FX reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Euronext FX designates the following individual as its agent for receipt of notifications of claimed copyright infringement:
Euronext FX Inc.
Attn: Legal Dept.
180 Maiden Lane, 15th Floor
New York, NY 10038
By Telephone: (212) 201-7319
By Email: [email protected]
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
These Terms constitute the entire agreement between the parties relating to the Websites and supersede any and all other agreements, oral or in writing, with respect to the Websites. These Terms are personal to You, and you may not assign your rights or obligations to anyone.
The sections that are not permitted under law to apply to residents of specific jurisdictions shall not apply to those residents.
All rights not expressly granted herein are reserved.