01
If you distribute, sell, lease, furnish, or otherwise permit or provide access to Investors’ Exchange LLC (“IEX”) historical data, you must cite IEX as the source with the following text and link: “Data provided for free by IEX. By accessing or using IEX Historical Data, you agree to the IEX Historical Data Terms of Use.”
02
You will not engage in the operation of any illegal business use or permit anyone else to use IEX historical data, or any part thereof, for any illegal purpose or violation of any IEX or SEC rule or regulation.
03
As between IEX and you, IEX has the exclusive proprietary rights in and to the IEX historical data. The IEX historical data, including without limitation any and all intellectual property rights inherent therein or appurtenant thereto, shall, as between IEX and you, be and remain the sole and exclusive property of IEX.
04
IEX, its officers, directors, shareholders, employees, agents, and consultants shall not be liable to you or to any other person for any inaccurate or incomplete IEX historical data, any delays, interruptions, errors, or omissions in the furnishing thereof, or any direct, indirect, or consequential damages arising from or occasioned by said inaccuracies, delays, interruptions, errors, or omissions. You understand and agree that the terms of this provision reflect a reasonable allocation of risk and limitation of liability.
05
You acknowledge that the IEX historical data and all materials related to the IEX historical data, are being provided “as is.” You expressly acknowledge that IEX does not make any representations or warranties with respect to the IEX historical data, express or implied, including, without limitation, any implied warranties or any warranties of merchantability, quality, or fitness for a particular purpose.
06
Neither IEX nor its affiliates shall have any liability for any damages, whether direct or indirect, whether lost profits, indirect, special, or consequential damages of you or any other person seeking relief through you relating to the accuracy of or delays or omissions in any IEX historical data, even if they have been advised of the possibility of such damages. In no event will the liability of IEX or its affiliates to you or any other person seeking relief through you pursuant to any cause of action, whether in contract, tort, or otherwise, exceed the fee paid by you or any other person seeking relief through you, as applicable.
07
You agree to indemnify and hold harmless IEX, its owners, subsidiaries, affiliates, officers, directors, employees, agents, and any related persons from any and all claims or losses imposed on, incurred by, or asserted as a result of or relating to: (a) any noncompliance by you with the terms and conditions hereof; and (b) any third-party actions related to your receipt and use of IEX historical data.
08
IEX reserves all rights to the securities information contained in the IEX historical data. You understand and acknowledge that such securities information does not reflect trading activity on markets other than IEX, and is intended to provide you with a reference point only, rather than as a basis for making trading decisions. IEX does not guarantee such information nor shall be liable for any loss due either to its negligence or to any cause, absent its fraud or willful misconduct.
09
IEX does not make any guarantees, representations, or warranties as to, and shall have no liability for, the timeliness, truthfulness, sequence, quality, completeness, accuracy, validity, or freedom from interruption of any information or data on the IEX Website. Certain aggregate volume data may not reflect data from all Members. The content on the IEX Website is not to be construed as a recommendation or offer to buy or sell or the solicitation of a
10
By viewing or using this data or information in any manner, you understand and acknowledge that such information does not reflect trading activity on markets other than IEX, as applicable, and is intended to provide you with a reference point only, rather than as a basis for making trading decisions.