FIX Orchestra – Terms of Service – FIX Trading Community

FIX Orchestra Terms of Service

The FIX Protocol Ltd. web-based software applications (“the Services”) and the materials and information on the Website are provided to you on an “AS IS” and “AS AVAILABLE” basis. FIX Protocol Ltd. makes no representations or warranties of any kind, either expressed, implied, or statutory including, but not limited to, warranties of merchantability, fitness for a particular purpose, accuracy, timeliness, completeness, or non-infringement to users and/or any third party, unless such representations and warranties are not legally excludable. You acknowledge that:

(b) FIX Protocol Ltd. does not guarantee that your access to the Website, any submission through the Website, or the materials or information on the Website will be uninterrupted, timely, error-free or secure,

(c) FIX Protocol Ltd. does not guarantee that the Website or the server(s) that makes it available are free of viruses or other harmful components,

(d) all access and use of the Website and materials or information on the Website is at your sole risk, and

(e) the provision of certain portions of the Website may be subject to the terms and conditions of other agreements to which FIX Protocol Ltd. is a party.

ACCORDINGLY, FIX PROTOCOL LTD., ITS OFFICERS, DIRECTORS, MEMBERS, USERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, AGENTS, THIRD PARTY SUPPLIERS AND OWNERS OF MATERIALS, AND ASSIGNS SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, LOSSES AND EXPENSES OF ANY KIND AND HOWEVER ARISING, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR EXPENSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, OPPORTUNITIES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS, WHETHER OR NOT FIX PROTOCOL LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF (I) YOUR ACCESS, USE OR INABILITY TO USE THE WEBSITE, (II) ANY ERRORS OR OMISSIONS IN THE MATERIALS, INFORMATION, OR OTHER RESOURCES AND DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THE WEBSITE; (III) ANY DELAYS, ERRORS OR INTERRUPTIONS IN THE TRANSMISSION OF ANY INFORMATION, INCLUDING ANY INABILITY TO SUBMIT INFORMATION THROUGH THE WEBSITE; OR (IV) LOSS, EXPENSE OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER A CLAIM ARISES IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in the foregoing terms may not apply to you. In such a case the limitations and exclusions set out in the foregoing terms shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.