StoneX Financial Inc.
1221 Brickell Ave, 25th Floor
Miami, FL 33131
End User License Agreement
This End User License Agreement (this "Agreement"), is a binding agreement between StoneX Financial Inc., its subsidiaries, affiliates and assigns ("StoneX" or “Provider”) and the user of the Market Intelligence website ("you", “user” or “Subscriber”).
Notwithstanding anything to the contrary in this Agreement or your or Subscriber's acceptance of the terms and conditions of this Agreement, no license is granted (whether expressly, by implication or otherwise) under this Agreement, and this Agreement expressly excludes any right, concerning any software or Web Site access that Subscriber did not acquire lawfully or that is not a legitimate, authorized copy of Provider's software or Content.
YOUR USE OF THE Market Intelligence WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
2. Limitations on Use; Third Party Communications.
2.1. Limitations on Use. The Content on this Web Site is for use by you or your firm only and not for commercial exploitation by retransmission or resale. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Web Site or the Content without Provider's prior written permission. You may not use this Web Site to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Web Site, except to the extent permitted above. Any unauthorized use of this Web Site or its Content is prohibited.
2.2. Third Party Communications. Provider disclaims all liability for any Third Party Communications you may receive or any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Provider assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, "Third Party Communications" means any communications directed to you from any third party directly or indirectly in connection with this Web Site.
3. Not Professional Advice. Content is provided to assist the Subscriber in general commodities marketing planning and for informational purposes. The materials are not a substitute for obtaining professional advice from a qualified person, firm, or corporation. Inexperienced Subscribers should consult with an appropriate professional commodities marketing advisor or broker for more complete information prior to executing any marketing plans, commodities trades or the purchase or sale of any futures, options or other derivative contracts. StoneX is not engaged in rendering any financial, investment, legal, taxation, or other professional service or advice by granting access to this Web Site. The accuracy, completeness, adequacy or timeliness of the Content is not warranted or guaranteed. Your use of Content on this Web Site or materials linked from this Web Site is at your own risk.
5. Digital Millennium Copyright Act - Notification of Alleged Copyright Infringement. Provider has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the "Act") and avails itself of the protections under the Act. Provider reserves the right to remove any Content that allegedly infringes another person's copyright. Provider will terminate, in appropriate circumstances, subscribers and account holders of Provider's system or network who are repeat infringers of another person's copyright. Notices to Provider regarding any alleged copyright infringement should be directed to MI@stonex.com, with a copy to firstname.lastname@example.org.
6. Export Regulation. The software supporting the Web Site and any documentation may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. The Subscriber shall not, directly or indirectly, export, re-export or release the software or documentation to, or make the software or documentation accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. The Subscriber shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the software or documentation available outside the U.S.
8. Advertisers. This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. Provider will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers and sponsors.
9. Registration. Certain sections of this Web Site require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform Provider of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Provider does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Provider immediately by emailing MI@stonex.com.
10. Payment. All Web Site license and support fees are payable in advance in the manner set forth on the Web Site and are non-refundable, except as may be expressly set forth herein. Any renewal of the license or maintenance and support services hereunder shall not be effective until the fees for such renewal have been paid in full.
In addition to the standard Web Site access fees, you may also subscribe to certain data services as provided by financial exchanges (“Third Party Data”). Third Party Data shall include, but not be limited to, prices and other data obtained from financial exchanges and other providers of proprietary databases. While the costs of this Third Party Data will be added to the Web Site fees and paid by Subscriber pursuant to the terms of this Agreement, the providers of this Third Party Data may change their fees from time to time. Provider shall pass the fee changes instituted by the Third Party Data providers on to Subscriber. If you wish to continue to receive the relevant Third Party Data you will be required to pay the fees relating to it at the new rate, or to cancel the relevant Third Party Data.
11. Term and Termination. This Agreement and the license granted hereunder shall commence at the moment of your first access to or use of the Web Site and shall continue until either you or Provider provide notice of termination(the "Term"). If you intend to terminate your service, you must provide no less than thirty (30)days written notification of cancellation. , if you subscribe to the CoffeeNetwork or the CommodityNetwork service (as such services are described on the Website or your Registration Form) you must provide no less than NINTEY (90) DAYS written notice. Termination of this Agreement shall not relieve you of your obligation to make payment for any unpaid amounts owed.
Provider may discontinue the offering of any Third Party Data upon the cancellation of the supply to Provider of said Third Party Data by the Third Party Data provider. The cancellation of certain Third Party Data will result in a reduction in the Web Site access fees directly attributable to the fees related to the Third Party Data being cancelled. Provider may terminate this Agreement, effective immediately, if Subscriber files, or has filed against it, a petition for voluntary or involuntary bankruptcy or pursuant to any other insolvency law, makes or seeks to make a general assignment for the benefit of its creditors or applies for, or consents to, the appointment of a trustee, receiver or custodian for a substantial part of its property. Upon termination of this Agreement, the license granted hereunder shall also terminate, and Subscriber shall cease using and discontinue access to the Web Site and Documentation. No termination shall affect Subscriber's obligation to pay all Fees that may have become due before such expiration or termination or entitle Subscriber to any refund.
12. ErrorsandCorrections. Provider does not represent or warrant that this Web Site or the Content or Postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Provider does not warrant or represent that the Content or Postings available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. Provider may make improvements and/or changes to its features, functionality or Content or Postings at any time.
13. Third Party Content. Third party content may appear on this Web Site or may be accessible via links from this Web Site. Provider shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on this Web Site. You understand that the information and opinions in the third-party content is neither endorsed by nor does it reflect the belief or opinion of Provider. Further, information and opinions provided by employees and agents of Provider in Interactive Areas are not necessarily endorsed by Provider and do not necessarily represent the beliefs and opinions of Provider.
14. Commodity Risk Notice. The risk of loss in trading commodities and or buying and selling of options contracts can be substantial and past performance is not necessarily indicative of future results. Therefore, all Subscribers should carefully consider whether such trading is suitable for Subscriber in light of Subscriber’s financial condition. Any examples provided by Provider are strictly hypothetical and no representation is being made that any person will or is likely to achieve profits or losses similar to those examples. Neither the information, nor any opinion expressed by Provider shall be construed as an offer to buy or sell any futures or options on futures contracts.
15. DISCLAIMER. THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, AND POSTINGS ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF, (E) YOUR USE OF THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS.
16. LIMITATION OF LIABILITY. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE, THE CONTENT, THE POSTINGS, THE INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA, OR ANY THIRD PARTY COMMUNICATIONS. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY THIRD PARTY COMMUNICATIONS. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PROVIDER'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
18. Third Party Rights. The provisions of paragraphs 15 (Disclaimer), 16 (Limitation of Liability), and 17 (Indemnification) are for the benefit of Provider and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to this Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
22. Additional Terms.
22.2. Additional Terms for Third Party Services. Provider shall include within the Content certain Third Party Data, including prices and other data obtained from financial exchanges and other information providers, to be provided by various third parties. Your use of the Third Party Data is governed by this Agreement, along with any User Agreement and any applicable Addendum required by a Third Party, (collectively the "Third Party Data Terms") which are provided during the registration process for this Third Party Data, all of which are incorporated by reference herein. Your completion of any Third Party Data registration process constitutes your acceptance of the Third Party Data Terms. If you do not agree with any Third Party Data Terms, you are not permitted to access the Third Party Data. You are hereby bound by and shall comply with all Third Party Data Terms. Any breach by you or any of your authorized users of any Third Party Data Terms is also a breach of this Agreement.
22.4. NoDefault. Provider shall not be in default hereunder by reason of any failure or delay in the performance of its obligations hereunder where such failure or delay is due to strikes, labor disputes, civil disturbances, riot, rebellion, invasion, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts of God, flood, fire, sabotage, fluctuations or non-availability of electrical power, heat, light, air conditioning or Licensee equipment, loss and destruction of property or any other circumstances or causes beyond Provider's reasonable control.
22.5. Notifications. All notices, requests, consents, claims, demands, waivers and other communications hereunder shall be in writing and shall be deemed to have been given: (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by facsimile or e-mail of a PDF document (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (d) on the day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid. Such communications must be sent to the respective parties at the addresses designated by a party from time to time in accordance with this Section 22.5.
22.6. EntireAgreement. This Agreement, all schedules and exhibits attached hereto constitutes the sole and entire agreement between Provider and Subscriber with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
22.7. Assignability. Subscriber shall not assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance, under this Agreement, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without Provider's prior written consent, which consent Provider shall not unreasonably withhold. For purposes of the preceding sentence, and without limiting its generality, any merger, consolidation or reorganization involving Subscriber (regardless of whether Subscriber is a surviving or disappearing entity) will be deemed to be a transfer of rights, obligations or performance under this Agreement for which Provider's prior written consent is required. No delegation or other transfer will relieve Subscriber of any of its obligations or performance under this Agreement. Any purported assignment, delegation or transfer in violation of this Section 22.7 is void. Provider may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this Agreement without Subscriber's consent. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.
22.8. SoleBenefit. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer on any other person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
22.9. Modifications of Agreement. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
22.11. Headings. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.