Terms of Use

Terms of Use

You agree with Daltium, (“we,” “our,” “us,” our company,” “ourselves”) as follows:

Our website (the “Site”) was created to help our clients view general information about products and services managed by our company, and to use information, content, messages, products, services, software and databases available through the Site. The Site is only available to users (hereafter referred to as “you”) who agree to the terms and conditions in these terms. By continuing to view this Site, you represent and warrant that you will use the Site in accordance with all applicable laws and regulations and with these terms and conditions. If you do not agree with these terms and conditions, please leave the Site. These terms apply to all information, messages, products, services, and other content accessible on the Site.

Account Services

We will provide clients with Site-based Account Services (the “Account Services”). In using the Account Services, you agree to at all times comply with our Acceptable Use Policy (“AUP”) as detailed below, which may be amended by us at any time. By continuing to use the Account Services, you shall be deemed to be in acceptance of the changes.

Third-Party Service Providers

We use Third-Party Service Providers, vendors, and licensors to assist in providing the Account Services (each, a “Third-Party Service Provider”). You agree and authorize us to delegate the authorizations you provide to us to our Third-Party Service Providers as we see necessary or useful to deliver the Account Services to you. You also agree that all references to ourselves within these terms also include, where applicable, our Third-Party Service Providers. Your use of some services provided by Third-Party Service Providers will require your agreement to additional terms and conditions provided by the Third-Party Service Provider. These other terms and conditions will be made available to you when, and if, you use the third party services.

Financial Information

Our Account Services make available specific financial market data, quotes, and information (collectively “Information”) that has been independently sourced by certain information services, publishers, securities markets, and other providers (collectively the “Information Providers”) or has been acquired by us. We do not guarantee or warrant the accuracy, completeness, or timeliness of the information made available. All information is provided “as is” and “as available.” You agree that neither we nor any of our service providers shall be liable in any way for the accuracy, completeness, or timeliness of the Information, or for any decision made or action taken by you that relied on said Information. You also agree that neither we nor any of our service providers will be liable in any way for any interruption of data, Information, or other aspects of the Account Services. You understand that none of the Information made available via our Account Services constitutes a recommendation or solicitation that you should buy or sell any financial security or use the services of our Service Providers.

Warranty Disclaimer

Our Account Services are provided “as is” and “as available,” with all errors, and without any warranty. We disclaim all warranties, including, but not restricted to, the implied warranties of merchantability and fitness for purpose. The use of our Account Services is at your own risk, and we do not warrant that the Account Services will match your needs, or that the Account Services are useable on any particular hardware or software, or that the use of the Account Services will be uninterrupted or free from errors, or that imperfections in the Account Services will be fixed.

You understand and agree that we do not operate, manage or control the internet and that: (a) viruses, worms, trojan horses, or other undesirable data or software; or (b) unauthorized users may try to gain access to and cause harm to your data, websites, computers, or networks. We are not responsible for such activities.

Arbitration

You should know the following about arbitration agreements:

• Arbitration is final and binding on both parties.
• Both parties waive their rights to seek resolution in court.
• Pre-arbitration discovery is generally more limited than court proceedings.
• The arbitration award does not need to include factual findings or legal reasoning, and any party’s right to appeal or to overturn rulings by the mediators is severely limited.
• The panel of mediators will usually include people who were or are affiliated with the financial securities sector.

You agree to settle by arbitration any dispute between you and ourselves or our affiliates, officers, directors, employees, or agents, including Third-Party Service Providers, which dispute arises out of these terms between you and ourselves or any Third-Party Service Providers. Any award the mediator makes will be final, and judgment on it may be entered in any court having appropriate dominion. This arbitration agreement shall be interpreted and implemented in accordance with applicable law. Any costs, fees, or other expenses incurred in enforcing the award shall be fully assessed against and paid by the party opposing enforcement of the said award.

Such forbearance to enforce an agreement to mediate shall not represent a waiver of any rights under these terms except to the extent stated here.

Liability Limitations

Ourselves, our third-party service providers, and any other parties involved in sending information will not be liable in any way for any consequential, incidental, special, or indirect damages even if you notify them or us of the potential for such damages beforehand. As a condition to accessing or using the information or Account Services, you expressly agree to waive all claims you may have against us, third-party service providers, or any other parties involved in sending any information we make available to you or in offering our Account Services. These terms give you specific legal rights. You may also have other rights which differ from country to country.

No Liability for Events Outside of Our Direct Control. We, the Information Providers, and Third-Party Service Providers, and any other parties involved in sending Information will not accept liability for any loss that results from an event or action over which we or that party does not have direct control.

Proprietary Information

The Information provided through our Account Services is our property or the property of our Third-Party Providers or their licensors and is protected by copyright. You agree not to copy, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially use the Information or other content in any way without our prior express written consent, nor use for any illegal purpose. You agree not to change or remove any proprietary notices, such as copyright and trademarks, from any Information or other materials sourced from our Services.

Security

You are responsible for the confidentiality, safekeeping, and use of your access, passwords, and login credentials. You agree not to hold ourselves or our Third-Party Service Providers liable for any damages resulting from your disclosure of access passwords or log in credentials to any third-party, or persons who are acting as your agent, proxy, or other advisers. You are responsible for all activities which require your passwords and login credentials and any instructions. You agree to take all measures necessary to avoid unauthorized access and notify us immediately if you are aware of or are suspicious of any loss, misuse, or theft of your passwords, or login credentials, or any unauthorized use of any of your passwords or log in credentials.

Data Transmission

You understand that data, including e-mail, electronic communications, and personal financial information, is susceptible to being accessed by unauthorized third parties when transmitted between you and ourselves, using the Internet, telephone, or other electronic means. You agree to use software that supports a data security protocol compatible with the one used by us. Unless we advise you to the contrary, you agree to use software that supports SSL (Secure Socket Layer). You understand that we are not obligated to notify you of any upgrades, fixes or enhancements to any software or for any compromise of data transmitted across networks or telecommunications facilities, including online.

Security Against Legal Liability

You agree to indemnify, defend and hold us, our Third-Party Service Providers, and affiliates harmless from and against all claims, losses, liabilities, and expenses arising from your breaking of these terms, laws or regulations, or any third-party’s rights, including infringement of any copyright, violation of any proprietary or privacy rights.

Terminating Account Services

We maintain the right to terminate your access to the Account Services at our sole discretion, without notice or restriction, and for any reason whatsoever.

Other

Neither you nor ourselves shall be held responsible or liable for any failure or delay in performance which is due to any event beyond reasonable control, including without limitation, fires, explosions, unattainability of utilities or materials, internet failures, Telecomms failures, unavailability of components, labor actions, wars, riots, acts of God, export control regulations, laws, judgments or government instructions.

Severability

If some of the above terms are found to be illegal or otherwise unenforceable, the remainder will still apply.

AUP

For purposes of this Acceptable Use Policy (AUP), “Users” refers to any visitor to the Site. As detailed below, illegal, abusive, and otherwise unacceptable usage, and use of the Services to interfere with other Users’ use of the Site is forbidden.

From time-to-time, we may update or amend this Policy. Any such updates or revisions will be uploaded to this web-page. Continued use of this Site shall denote acceptance of the updates. Users of the Site must not:

• post or transmit unlawful material, e-mails or information,
• post or transmit harassing, threatening or abusive materials, information, or e-mails,
• post or send defamatory, libelous, slanderous or illegal e-mails, materials, or information,
• post or transmit obscene, pornographic, profane or otherwise objectionable information,
• post or send materials, e-mail or information that would constitute an infringement of the patents, copyrights, trademarks, trade secrets or other intellectual property rights of others,
• post or transmit materials constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise break national or international laws,
• attempt to hack, root or use logins on another system, or network,
• use the Site in such a way as to interfere with another User’s use of the Site,
• using the Site to commit fraud or engage in other misleading, illegal, or deceptive activities.

Violation of this Policy may result in criminal liability. Also, we may cooperate with law enforcement organizations, and provide the requested information to third parties who have provided notice to us that they have been harmed by a User’s failure to abide by this Policy.