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Term of Use
PLEASE read
these terms and conditions carefully. By accessing this
World Wide Website ("Web Site") and any pages hereof, you
are indicating that you have read, acknowledge and agree to
be bound by these Terms of Use. If you do not agree to these
Terms of Use, do not access this Web Site. Marketiva
Corporation ("Marketiva") reserves the right to change these
Terms of Use which you are responsible for regularly
reviewing and your continued use of this Web Site
constitutes agreement to all such changes.
TRADEMARK NOTICES
Marketiva® is a registered
service mark of Marketiva Corporation. Novativa® and Streamster™ are registered
trademarks and / or service marks of Novativa Corporation. Other featured words
or symbols, used to identify the source of goods and services, are the
trademarks and / or service marks of their respective owners.
WEB CONTENT AND MATERIALS
The information and materials contained in this Web Site - and the terms and
conditions of the access to and use of such information and materials - are
subject to change without notice. Not all products and services are available in
all geographic areas. Your eligibility for particular products and services is
subject to final Marketiva determination and acceptance.
Marketiva OR ITS SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION,
PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME. ANY DATED INFORMATION IS
PUBLISHED AS OF ITS DATE ONLY, AND Marketiva DOES NOT UNDERTAKE ANY OBLIGATION
OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. Marketiva RESERVES
THE RIGHT TO TERMINATE ANY OR ALL WEB OFFERINGS WITHOUT PRIOR NOTICE TO THE
USER. FURTHERMORE, BY OFFERING INFORMATION, PRODUCTS OR SERVICES VIA THIS WEB
SITE, NO SOLICITATION IS MADE BY Marketiva TO ANY PERSON TO USE SUCH
INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF SUCH
INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.
LINKS TO OTHER SITES
Links to non-Marketiva web sites are provided solely as pointers to information
on topics that may be useful to users of the Marketiva Web Site, and Marketiva
has no control over the content on such non-Marketiva web sites. If you choose
to link to a web site not controlled by Marketiva, Marketiva makes no
warranties, either express or implied, concerning the content of such web site,
including the accuracy, completeness, reliability or suitability thereof for any
particular purpose, nor does Marketiva warrant that such web site or content is
free from any claims of copyright, trademark or other infringement of the rights
of third parties or that such web site or content is devoid of viruses or other
contamination. Marketiva does not guarantee the authenticity of documents on the
Internet. Links to non-Marketiva web sites do not imply any endorsement of or
responsibility for the opinions, ideas, products, information or services
offered at such web sites, or any representation regarding the content at such
web sites.
When using a link to a web site external to Marketiva, you expressly acknowledge
that you are visiting a site which is not operated or controlled by Marketiva.
Neither Marketiva, any of its affiliates, nor their respective directors,
members, officers or employees endorses the information provided on such
external web sites, nor makes any recommendation, representation or warranty nor
accepts any liability to you or any other party for any direct or indirect
damages including, without limitation, trading losses resulting from futures
trades entered through such site or resulting from the inability to use such
site, arising out of your use, or your inability to use, such external site,
regardless of the form of action, even if Marketiva has been advised of or
otherwise might have anticipated the possibility of such damages. You visit and
use these external web sites at your own risk.
LIMITATION OF LIABILITY
BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER
FACTORS, Marketiva IS NOT RESPONSIBLE FOR ANY ERRORS IN OR OMISSIONS FROM THE
INFORMATION CONTAINED IN OR ACCESSED THROUGH THIS WEB SITE. ALL SUCH INFORMATION
IS PROVIDED "AS IS" TO THE USER WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY
KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHERMORE,
Marketiva WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF
INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEB SITE,
OR FOR THE INCOMPATIBILITY BETWEEN THIS WEB SITE AND FILES AND THE USER'S
BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL Marketiva BE LIABLE FOR ANY
OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND Marketiva'S CONTROL.
NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
EXCEPT AS MAY BE OTHERWISE
EXPRESSLY PROVIDED BY WRITTEN AGREEMENT BETWEEN Marketiva AND THE USER,
Marketiva WILL HAVE NO TORT, CONTRACT OR ANY OTHER LIABILITY TO THE USER AND/OR
ANY THIRD PARTY ARISING IN CONNECTION WITH THE USE OF THIS WEB SITE, OR RELIANCE
ON ANY INFORMATION OR SERVICES PROVIDED AT THIS WEB SITE. Marketiva WILL UNDER
NO CIRCUMSTANCES BE LIABLE TO THE USER AND/OR ANY THIRD PARTY, REGARDLESS OF THE
FORM OF ACTION, FOR ANY LOST PROFITS OR LOST OPPORTUNITY, OR ANY INDIRECT,
SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF
Marketiva HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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