Last Updated 25/10/2022
2. Systems and Services. “Systems” are any of the existing and future electronic systems, APIs and platforms through which OSTTRA and its affiliates make the Services available to you including, without limitation, MarkitWire, TradeServ, MarkitServ Trade Manager, Harmony, triReduce, triResolve, triCalculate, triBalance, RESET, TradeSTP, DealHub, and Traiana. “Services” are any of the existing and future services offered to you by OSTTRA or its affiliates and any content including, without limitation, risk management, margin estimation, connectivity, trade confirmation & matching, messaging, hosting and other services.
3. Updates. OSTTRA may in its sole discretion make unscheduled deployments of changes, updates or enhancements to the Website at any time, add or remove functionality or features, and may discontinue any or all Website altogether but we are under no obligation to update the Website.
5. Your Responsibilities. You are responsible for your use of the Website and you must: (i) use a secure and nonobvious password to access them; (ii) treat the user name, password and any other piece of information you receive as part of our security procedures as confidential and not share them with any other person; (iii) notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security; (iii) periodically change your password; (iv) log out after each session; (v) install the most recent security patches and updates for your web browser; and (vi) not alter, corrupt, hack, or violate any computer code affecting the security and access controls of the Website.
7. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only including any links contained in advertisements, banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
9. Disclaimer of Warranties. NEITHER OSTTRA NOR ANY AFFILIATE OF OSTTRA (each a “OSTTRA GROUP ENTITY”) NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, CONSULTANTS OR LICENSORS (each a “RELATED PARTY”) MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEBSITE AND EACH HEREBY DISCLAIMS AND SHALL HAVE NO LIABILITY FOR ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION TO THE MERCHANTABILITY, QUALITY OF THE WEBSITE OR THEIR FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED SERVICE OR ERROR-FREE SERVICE, OR THE SEQUENCE, TIMELINESS, ACCURACY OR COMPLETENESS OF THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT: (I) YOU MAY EXPERIENCE INERRUPTIONS OR ERRORS IN THE WEBSITE; AND (II) THE WEBSITE MAY, FROM TIME TO TIME, BE TEMPORARILY UNAVILABLE.
11. Limitation of Liability and Remedies. TO THE MAXIMUM EXTENT ALLOWABLE BY LAW, IN NO CIRCUMSTANCES SHALL ANY OSTTRA GROUP ENTITY OR ANY OF THEIR RESPECTIVE RELATED PARTIES BE LIABLE FOR ANY (A) DELAY, INACCURACIES, ERRORS, OMISSIONS OR INTERUPTUION OF ANY KIND IN RELATION TO THE WEBSITE OR FOR ANY RESULTING LOSS OR DAMAGE; OR (B) LOSS OR DAMAGE ARISING FROM UNAUTHORIZED ACCESS TO OR MISUSE OF THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANY OSTTRA GROUP ENTITY OR ANY PARTICIPATING EXCHANGE OR ANY OF THEIR RESPECTIVE RELATED PARTIES HEREUNDER EXCEED THE LESSER OF: (A) THE FEES PAID TO OSTTRA BY LICENSEE HEREUNDER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIFTY US DOLLARS ($50), REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. THIS LIMITATION SHALL SURVIVE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDIES THAT MAY BE PROVIDED IN THIS AGREEMENT.
12. Unauthorized Access. Access to and use of the Website is restricted to authorized users only. Unauthorized individuals attempting to access the Website may be subject to prosecution.
13. Notice. Notice to you may be made via email, fax, or certified or registered mail, return receipt requested, to your most current address on record. OSTTRA may also provide notices of changes to
United Kingdom to the attention of the General Counsel.