RITHMIC, LLC MARKET DATA SUBSCRIPTION AGREEMENT
RITHMIC, LLC (“RITHMIC”) IS WILLING TO GRANT YOU (THE “SUBSCRIBER”) THE LICENSE DESCRIBED HEREIN SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE TERMS CAREFULLY BEFORE CLICKING ON THE “I AGREE” BUTTON, AS CLICKING ON THIS BUTTON WILL INDICATE YOUR ACCEPTANCE, AGREEMENT AND ASSENT TO THEM. IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS, THEN CLICK ON THE “CLOSE” BUTTON, promptly exit this software AND CONSULT IMMEDIATELY WITH THE ACCOUNT OR CUSTOMER SUPPORT REPRESENTATIVE AT YOUR DESIGNATED FUTURES Commission Merchant OR BROKER.
A. LICENSE. Upon your acceptance of and agreement to the terms and conditions of this Market Data Subscription Agreement (the “Agreement”) by clicking on the “I Agree” button below, Rithmic grants to you (the “Subscriber”) a limited, personal, nonexclusive, nontransferable license for access or entitlement to receive Market Data (as defined herein) upon the terms and conditions set forth below and to use such Market Data only for your own internal purposes and not for any public display, subject to the terms and conditions, throughout the world except within those countries where the United States has embargoed goods or where a license pursuant to U.S. Export Administration Regulations is required. “Subscriber” means any Person (as defined herein) that is the single end-user or business organization end-user accepting this Agreement. Depending upon the Subscriber’s account(s), futures commission merchant and/or broker, “Exchanges” mean and include from time to time the Chicago Mercantile Exchange Inc. and its affiliates, including the CME, CME Europe, CBOE Futures Exchange, CBOT, COMEX (div. of NYMEX), DME (Dubai Mercantile Exchange), EDGX, ICE ENDEX, ICE Futures US, ICE Futures Europe, ICE Futures Canada, NYMEX, ONE Chicago, Bm&fBovespa, Bursa Malaysia, Eurex, Korea Exchange, Mercado Espa�ol de Futuros Financieros, Mexican Derivatives Exchange, Minneapolis Grain Exchange, Montreal Exchange, Osaka Exchange, Russian Trading System Futures and Options, Singapore Exchange. Rithmic reserves the right to add, delete or modify the foregoing list of financial securities exchanges/trading venues at any time and from time to time.
(a) “Device” means any unit of equipment, fixed or portable, that receives, accesses or displays Market Data in visible, audible or other comprehensible form.
(b) “Force Majeure Event” means any flood, extraordinary weather conditions, earthquake or other act of God, fire, war, terrorism, insurrection, riot, labor dispute, accident, action of government, communications or power failures, or equipment or software malfunctions.
(c) “Person” means any natural person, proprietorship, corporation, partnership, limited liability company or other organization.
(d) “Market Data” means information and data pertaining to listed and over the counter equities, foreign exchange, futures contracts and options contracts or similar derivative instruments traded on the Exchanges as well as associated index data, that includes, without limitation, opening and closing range prices, high-low prices, settlement prices, current bid and ask prices, open interest information, last sale prices, price limits, requests for quotations, estimated and actual volume data, text messages pertaining to market activity, contract specifications, fast or late messages and, as determined by each of the Exchanges, may include information respecting exchange-for-physical (EFP) or against actuals (AA) transactions. With respect to Subscriber’s obligations under this Agreement, Market Data includes information, data and materials that are derived from the foregoing and that convey information to Subscriber that is substantially equivalent to Market Data. Market Data may also include any element of market data information as stored, processed and/or distributed under license by Rithmic, its subsidiaries, affiliates, licensors, suppliers, service providers or by other authorized third parties.
2. PROPRIETARY RIGHTS IN THE MARKET DATA.
(a) Subscriber acknowledges and agrees that each of the Exchanges has exclusive and valuable property rights in and to its own Market Data, that such Market Data constitute valuable confidential information, trade secrets and/or proprietary rights of each of the Exchanges, not within the public domain, that such Market Data shall remain valuable confidential information, trade secrets and/or proprietary rights of each of the Exchanges at least until the Exchanges place their respective Market Data in the public domain or authorize placement of their respective Market Data in the public domain, and that, but for this Agreement, Subscriber would have no rights or access to such Market Data. Whether or not a particular Exchange has placed its Market Data in the public domain or has authorized the placement of its Market Data in the public domain shall be determined according to the terms of such Exchange’s agreement with Rithmic from time to time, which agreement is described in Section 3(a).
(b) Subscriber acknowledges and agrees that disclosure of any Market Data, or any breach or threatened breach of any other covenants or agreements contained herein, would cause irreparable injury to each of the Exchanges for which money damages would be an inadequate remedy. Accordingly, Subscriber further acknowledges and agrees that each of the Exchanges shall be entitled to specific performance and injunctive and other equitable relief from the breach or threatened breach of any provision, requirement or covenant of this Agreement (including, without limitation, any disclosure or threatened disclosure of Market Data) in addition to and not in limitation of any other legal or equitable remedies which may be available.
3. RECEIPT OF MARKET DATA BY SUBSCRIBER.
(a) Rithmic has entered into agreements with each of the Exchanges whereby Rithmic has been granted the right to receive Market Data and to retransmit the same to Subscriber. This Agreement sets forth the terms and conditions upon which Subscriber may receive and use Market Data. Subscriber acknowledges that, each of the Exchanges may, in its discretion, discontinue disseminating its own Market Data or change or eliminate its own transmission method, speed or signal characteristics. In addition, Subscriber acknowledges and agrees that the Exchanges reserve the right to disapprove any Subscriber and retain the right to direct Rithmic to terminate any Subscriber’s receipt of Market Data for any reason or no reason, in which event the Exchanges shall so notify Rithmic and Rithmic shall cease providing Market Data to Subscriber as soon as practicable.
(b)(1) Except as provided in Section 3(b)(2) below, Subscriber will use Market Data only for its own internal business activities and only at the offices and locations and on the Devices as may be approved by Rithmic from time-to-time. (The term “for its own internal business activities”, as used in the immediately preceding sentence herein, means for Subscriber’s (a) trading, for its own account or for the account of its customers, of commodity futures contracts, equities, options on equities, currencies, options on commodity futures contracts or similar derivative instruments, or any other instrument, security or thing, or (b) evaluating, for its own internal business decisions or advice to its customers, the movements or trends in markets for commodity futures contracts, , equities, options on equities, currencies, options on commodity future contracts, or like derivative instruments, or any other instrument, security or thing, subject to all of the limitations set forth below in this sub-paragraph as to the telephonic disclosure to customers of a necessary and de minimis number of segments of Market Data.) Subscriber agrees that it will not communicate or otherwise furnish, or permit to be communicated or otherwise furnished, the Market Data, in any format, to any other party or any office or location other than that designated above, nor allow any other party to take, directly or indirectly, any of the Market Data from such offices or locations, and will adopt and enforce any policy that is reasonable to prevent the Market Data from being taken therefrom. Subscriber specifically agrees, without limiting or varying its obligations under paragraph 7 herein or otherwise set forth in this Agreement, that Subscriber shall not use or permit another person to use any Market Data for the purposes of determining or arriving at any price, including any settlement prices, for commodity futures contracts, options on commodity futures contracts, or like derivatives instruments traded on any exchange other than the Exchanges. Subscriber will abide by any other limitations on such use that any of the Exchanges or Rithmic may specify. Subscriber will use its best efforts to ensure that its partners, officers, directors, employees and agents maintain sole control and physical possession of, and sole access to, Market Data received through Devices in Subscriber’s possession.
(b)(2) Notwithstanding Section 3(b)(1) above, Subscriber may, in the regular course of its business, occasionally furnish, to each of its customers, branch offices, and guaranteed introducing brokers, in a quantity restricted to that necessary to enable Subscriber to conduct its business, a de minimis number of segments of Market Data. Such redissemination must be strictly limited to telephonic communications not entailing the use of computerized voice synthesization or any other technology and must be strictly related to the trading activity of Subscriber or any such recipients. Any such recipients must be advised by Subscriber that such segments are proprietary and confidential information not to be disclosed or disseminated to other persons or entities. Subscriber agrees to make all reasonable efforts to ensure that such recipients abide by the provisions of this Agreement. Notwithstanding the foregoing, in the event that a Subscriber is a newspaper which reports on, among other things, exchanges on which commodity futures contracts or options on commodity futures are traded, such Subscriber shall be permitted to publish, in its newspaper published for the day following the receipt by such Subscriber of the Market Data, the Market Data received by Subscriber from Exchanges on the day prior to such publication.
(c) In the event that Rithmic has agreed to permit Subscriber to receive, access or display Market Data through means other than a Rithmic-approved Device, such as by means of: (i) the Internet, any Intranet or any other type of network; (ii) portable Devices (e.g., pocket pagers, personal digital assistants, laptop computers, etc.); and (iii) synthesized voice responses over telephones, Subscriber will use its best efforts to ensure that no other device, attachment or apparatus is used which may allow third parties not subject to Subscriber’s reporting obligations under Section 3(b) above to access the Market Data.
Subscriber agrees to furnish promptly to Rithmic any information or reports that may be required by any of the Exchanges as applicable and that is reasonably related to Subscriber’s receipt of Market Data. Subscriber further agrees to furnish promptly to Rithmic any additional information or reports that may be required by any Exchanges as it relates to Subscriber’s receipt of Market Data.
5. RIGHT OF INSPECTION AND AUDIT.
During regular business hours, any Persons designated by any Exchange or by Rithmic may have access to Subscriber’s offices or locations in order to observe the use made of the Market Data and to examine and inspect any Devices, attachments or apparatuses, as well as any books and records required to be maintained by Subscriber under Sections 3(b) and 4 in connection with its receipt and use of Market Data. Subscriber will make prompt adjustment (including interest thereon at the rate of 1�% per month), through Rithmic, to compensate any Exchange that discovers an under-reported use of the Market Data by Subscriber. In addition, at the election of any such Exchange, Subscriber will be liable for the reasonable costs of any audit that reveals a discrepancy in such Exchange’s favor of five percent (5%) or more of the amount of fees actually due such Exchange. Subscriber shall maintain the records and books upon which it bases its reporting for the Exchanges for six (6) years following the period to which the records relate. In the event that Subscriber fails to retain such records and books as required above, Subscriber agrees to pay each Exchange’s reasonable estimate of any discrepancy discovered pursuant to any such audit.
Based on the required Subscriber certification, the Subscriber’s qualifications and the final determination of each Exchange from which Market Data originates, the Subscriber may be charged fees for Market Data as either a “Non-Professional Subscriber” or a “Professional Subscriber”. Subscriber will pay Rithmic for and on behalf of each of the Exchanges (as applicable), for the right to receive Market Data in accordance with the then-current fee schedule published by each of the Exchanges and Rithmic from time-to-time, together with any and all applicable federal, state or local taxes or other charges that may be assessed. All fees and charges are subject to modification at any time, without prior notice to Subscriber. In addition, Subscriber agrees to pay Rithmic any and all penalties assessed against Subscriber by Rithmic on behalf of any Exchange. Fees may be billed by Rithmic or by the Subscriber’s futures commission merchant or broker. The Subscriber hereby directs the Subscriber’s futures commission merchant or broker to deduct fees, taxes and charges from the Subscriber’s account(s). The failure of the Subscriber to pay any such fees, taxes or charges when due shall be considered a material default under this Agreement and the Subscriber’s license hereunder may be automatically terminated. Nothing herein shall limit Rithmic’s obligation pursuant to any separate agreement between Rithmic and any of the Exchanges (as applicable) to pay Exchange fees.
7. COVENANTS, REPRESENTATIONS AND WARRANTIES OF SUBSCRIBER.
Subscriber covenants, represents and warrants that it is not engaged in the business of distributing Market Data and that, to its knowledge after reasonable inquiry, it is receiving the Market Data from Rithmic, which is authorized by the Exchanges to distribute the Market Data. Subscriber agrees that it will not use or permit any other Person to use Market Data for any illegal purpose. Subscriber agrees that it will not use Market Data in any way to compete with the Exchanges or with Rithmic, nor use the Market Data in any way so as to assist or allow a third party to compete with the Exchanges or Rithmic. Subscriber agrees that the provision of Market Data by the Exchanges hereunder is conditioned upon Subscriber’s strict compliance with the terms of this Agreement and that Rithmic may, with or without notice and with or without cause, forthwith discontinue said service whenever in its judgment there has been any default or breach by Subscriber of the provisions hereof, or whenever directed to do so by any of the Exchanges.
8. DISCLAIMER OF WARRANTIES.
THE MARKET DATA IS PROVIDED STRICTLY “AS IS”, WITHOUT WARRANTY OF ANY KIND, AND ANY USE OF THE MARKET DATA IS AT YOUR OWN RISK. SUBSCRIBER AGREES THAT NEITHER RITHMIC NOR THE EXCHANGES MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE MARKET DATA, OR THE TRANSMISSION, TIMELINESS, ACCURACY OR COMPLETENESS THEREOF, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR ANY WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM ANY COURSE OF DEALING OR USAGE OF TRADE. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE USE OF NETWORK AND EXCHANGE CONNECTIVITY BY THE MACHINES THAT PROVIDE THE MARKET DATA ARE NOT EXCLUSIVE TO ANY SUBSCRIBER AND, THEREFORE, THE THROUGHPUT AND LATENCY OF THE MARKET DATA RECEIVED BY A SUBSCRIBER MAY BE ADVERSELY AFFECTED BY THE OTHER SUBSCRIBERS CONNECTED TO THE NETWORK, OR BY EXCHANGE CONNECTIVITY OR BY OTHER FACTORS.
9. LIMITATIONS OF LIABILITY AND DAMAGES.
Subscriber agrees that: (i) the provision of Market Data is made with equipment, communications devices, and/or leased lines not owned or operated solely by Rithmic or the Exchanges; (ii) neither Rithmic nor the Exchanges, nor their respective members, directors, officers, employees or agents, guarantees the sequence, accuracy or completeness of the Market Data, nor shall any of them be liable to Subscriber or any other Person for any delays, inaccuracies, errors or omissions in Market Data, or in the transmission thereof, or for any other damages arising in connection with Subscriber’s receipt or use of Market Data, whether or not resulting from negligence on their part, a Force Majeure Event or any other cause beyond their reasonable control. IN NO EVENT SHALL RITHMIC NOR THE EXCHANGES, THEIR SUBSIDIARIES, AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS OR OTHER THIRD PARTIES, BE LIABLE FOR ANY COSTS, EXPENSES, LOSSES, DAMAGES (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES) OR INJURIES INCURRED BY THE SUBSCRIBER OR ANY THIRD PARTY AS A RESULT OF THIS AGREEMENT OR ANY USE OF MARKET DATA. In the event that the foregoing disclaimer and limitation of liability should be deemed invalid or ineffective by a court of competent jurisdiction, neither Rithmic nor the Exchanges, nor their respective members, directors, officers, employees or agents shall be liable for any of the foregoing beyond the actual amount of loss or damage, or the sum of fifty dollars ($50.00), whichever is less.
10. TERM AND TERMINATION.
The Subscriber’s license to access Market Data shall become effective only upon Subscriber’s acceptance of this Agreement and self-certification of the Subscriber’s status as either a “Non-Professional Subscriber” or a “Professional Subscriber” by means of the separate required Rithmic, LLC Market Data Subscriber Self-Certification. Subject to Subscriber’s strict compliance with the provisions of this Agreement and the Rithmic, LLC Market Data Subscriber Self-Certification, the provision of Market Data by any of the Exchanges hereunder will continue in force during the term of the agreement between the Exchanges and Rithmic and any renewal term thereof. Subscriber or Rithmic may terminate this Agreement at any time with notice. Notice of termination may be provided electronically directly between Rithmic and the Subscriber or through the Subscriber’s futures commission merchant or broker. In addition, it is understood that the provisions set forth in Sections 2(a) and 2(b) of this Agreement shall survive any termination of this Agreement.
Subscriber will indemnify, defend and hold Rithmic and the Exchanges, and their respective subsidiaries, affiliates, members, directors, officers, employees and agents licensors, suppliers, service providers or other third parties harmless from and against any and all claims arising out of or in connection with this Agreement, including, without limitation, any liability, loss or damages (including, without limitation, attorneys’ fees and other expenses) caused by any inaccuracy in or omission from, Subscriber’s failure to furnish or to keep, or Subscriber’s delay in furnishing or keeping, any report or record required to be kept by Subscriber hereunder.
Subscriber will not directly or indirectly, distribute, disseminate, transmit, retransmit, export or re-export, or knowingly permit the distribution, dissemination, transmission, retransmission, export or re-export of Market Data to any country to which the United States has embargoed goods, to anyone on the United States Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the United States Commerce Department’s Table of Denial orders, or to any country for which the United States Export Administration Act, or any similar United States law or regulation requires an export license or other United States Government approval, unless the appropriate export license or approval has first been obtained.
(a) In case of any breach by Subscriber of its obligations hereunder, each of the Exchanges will be considered to be a third-party beneficiary of this Agreement and may bring an action to enforce its terms directly against Subscriber. Any action arising out of this Agreement between the CBOE Futures Exchange, CBOT, CME, CME Europe or ONE Chicago and Subscriber shall be governed and construed in accordance with the internal laws (and not the law of conflicts) of the State of Illinois. Any action arising out of this Agreement between Rithmic, NYMEX, COMEX, ICE ENDEX, ICE Futures US, ICE Futures EUROPE, ICE Futures CANADA, or any other Exchange or trading venue and Subscriber shall be governed and construed in accordance with the internal laws (and not the law of conflicts) of the State of New York.
(b) Any dispute or claim arising out of, or in connection with, this Agreement by and between Rithmic and Subscriber shall be finally settled by binding arbitration in the City, County and State of New York, U.S.A. pursuant to the then-current commercial rules and procedures of the American Arbitration Association, by one (1) qualified arbitrator appointed by the American Arbitration Association from its Commercial Panel. The arbitrator shall apply the law of the State of New York to the merits of any dispute or claim, without reference to rules of conflict of laws or to any statutory rules of arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The parties agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys’ fees.
(c) Subscriber may not assign all or any part of this Agreement without the prior written consent of the Exchanges (as applicable) and Rithmic in each instance.
(d) No modification or amendment of this Agreement shall be binding unless it is in writing and is signed by an authorized representative of the party against whom enforcement of the modification is sought.
(e) In the event of any conflict between the terms and conditions of this Agreement or the Rithmic, LLC Market Data Subscriber Self-Certification and any other agreement relating to Subscriber’s receipt and use of Market Data, the terms and conditions of this Agreement and the Rithmic, LLC Market Data Subscriber Self-Certification will prevail. If, for any reason, one or more provisions of this Agreement and/or the Rithmic, LLC Market Data Subscriber Self-Certification is held invalid, the other provision or provisions of this Agreement and/or the Rithmic, LLC Market Data Subscriber Self-Certification affected shall be modified to remove such conflict and permit compliance with such law and as so modified, this Agreement and the Rithmic, LLC Market Data Subscriber Self-Certification shall continue in full force and effect.
RITHMIC, LLC MARKET DATA SELF-CERTIFICATION
RITHMIC, LLC (“RITHMIC”) IS WILLING TO GRANT YOU (THE “SUBSCRIBER”) THE RIGHT TO RECEIVE THE MARKET DATA DESCRIBED IN, AND STRICTLY SUBJECT TO THE TERMS AND CONDITIONS OF, THE SEPARATE RITHMIC, LLC MARKET DATA SUBSCRIPTION AGREEMENT PROVIDED YOU DECLARE AND REPRESENT BELOW THAT YOU WILL ACCESS AND USE THE MARKET DATA PROVIDED BY RITHMIC AS EITHER A “NON-PROFESSIONAL SUBSCRIBER” OR A “PROFESSIONAL SUBSCRIBER”. REFERENCE IS HEREBY MADE TO THE RITHMIC, LLC MARKET DATA SUBSCRIPTION AGREEMENT AND THE DEFINITIONS, TERMS AND CONDITIONS SET FORTH THEREIN ARE INCORPORATED HEREIN. BASED ON YOUR QUALIFICATIONS, YOU MAY BE CHARGED REDUCED FEES FOR THE MARKET DATA. TO QUALIFY FOR ANY REDUCTION IN SUBSCRIBER FEES, YOU MUST BE CONSIDERED A “NON-PROFESSIONAL SUBSCRIBER”.
PLEASE READ THE TERMS OF THIS SELF-CERTIFICATION CAREFULLY BEFORE CLICKING ON THE “NON-PROFESSIONAL” OR “PROFESSIONAL” BUTTON AND THE “SUBMIT” BUTTON BELOW, AS CLICKING ON THESE BUTTONS WILL INDICATE YOUR ACCEPTANCE, AGREEMENT AND ASSENT TO THEM. IF YOU DO NOT AGREE TO THESE TERMS, THEN CLICK ON THE “CANCEL” BUTTON AND promptly exit this software AND CONSULT IMMEDIATELY WITH THE ACCOUNT OR CUSTOMER SUPPORT REPRESENTATIVE AT YOUR DESIGNATED FUTURES Commission Merchant OR BROKER.
NON-PROFESSIONAL SUBSCRIBER. By clicking on the “Non-Professional” button below, you are confirming to Rithmic that you are either (i) an individual, natural person Subscriber who, or (ii) certain small business entities (limited liability companies, partnerships, trusts or corporations) that, will receive and use the Market Data (excluding any pit traded data), in each case subject to the following restrictions:
(a) You must have an active futures trading account in the event you are receiving futures Market Data;
(b) You must not be a member (or hold or lease any type membership) of any Exchange;
(c) You do not have a primary business purpose that involves trading;
(d) You are not registered or qualified as a professional trader or investment adviser with any stock, commodities or futures exchange or contract market, or with any regulatory authority, professional association or recognized professional body; and
(e) You are not affiliated with any entity that is or may be considered a Professional User; and
(f) Your use of the Market Data will be solely for your personal, non-business use;
(g) Your use of the Market Data will be limited to managing your own property and, for the avoidance of doubt, not in connection with the management of any property of any third party(ies) in any capacity, whether as a principal, officer, partner, employee or agent of any business or on behalf of any other individual, and whether or not the Subscriber receives any remuneration therefor; and
(h) You are not acting on behalf of an institution that engages in brokerage, banking, investment, or financial activities; and
(i) You have no more than two (2) means for accessing the Market Data from Rithmic; and
(j) You shall view the Market Data only on a device that is capable of routing orders to the Exchanges from which the Market Data originated.
PROFESSIONAL SUBSCRIBER. By clicking on the “Professional” button below, you are confirming to Rithmic that you or your business entity do not meet the qualifications of a Non-Professional Subscriber set forth above or that you or your business entity falls under any of the categories of Professional described below:
(a) You or your business entity provides financial or similar services to any third party.
(b) You or your business entity are registered or qualified as a professional trader or investment adviser with any stock, commodities or futures exchange or contract market, or with any regulatory authority, professional association or recognized professional body.
(c) You or your business entity acts on behalf of an institution that engages in brokerage, banking, investment or financial activities.
(d) You or your business entity holds any form of membership at any of the CME Group Designated Contract Markets (“DCM”) or any other Exchange.
FINAL DETERMINATION BY EXCHANGE. Each Exchange from which Market Data originates reserves the right in all cases to make a final determination as to whether you are a “Non-Professional Subscriber” or a “Professional Subscriber”. In addition, each Exchange reserves the right to amend its policies or terminate reduced fees for Non-Professional Subscribers at any time.
DISCLAIMER. THE MARKET DATA IS PROVIDED STRICTLY “AS IS”, WITHOUT WARRANTY OF ANY KIND, AND ANY USE OF THE MARKET DATA IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RITHMIC, ITS SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE MARKET DATA PROVIDED. YOU ACKNOWLEDGE THAT THE NETWORK AND EXCHANGE CONNECTIVITY USED BY THE MACHINES THAT PROVIDE THE MARKET DATA ARE NOT EXCLUSIVE TO YOU AND, THEREFORE, THE THROUGHPUT AND LATENCY OF THE MARKET DATA RECEIVED BY YOU MAY BE ADVERSELY AFFECTED BY USERS OF THE NETWORK, EXCHANGE CONNECTIVITY OR OTHER FACTORS.
By clicking on the button below labeled “Non-Professional” and then clicking on the button below labeled “Submit”, I certify and declare that I qualify and meet the definition of “Non-Professional Subscriber” above and agree to pay such fees and charges as may be assessed from time to time by Rithmic and by the Exchanges from which the Market Data I receive originates for access to such Market Data by Non-Professional Subscribers and I agree to promptly pay Rithmic directly if so billed or to direct my futures commission merchant or broker as the case may be, to deduct such fees and charges from my account(s). I further agree that if I no longer meet the definition of Non-Professional Subscriber above, I will promptly notify Rithmic and my futures commission merchant or broker.
By clicking on the button below labeled “Professional” and then clicking on the button below labeled “Submit”, I certify and declare that I qualify and meet the definition of “Professional Subscriber” above and agree to pay such fees and charges as may be assessed from time to time by Rithmic and by the Exchanges from which the Market Data I receive originates for access to such Market Data by Professional Subscribers and I agree to promptly pay Rithmic directly if so billed or to direct my futures commission merchant or broker as the case may be, to deduct such fees and charges from my account(s).
BY CLICKING ON THE “I AGREE” BUTTON BELOW, YOU AGREE THAT THE FOLLOWING IS TRUE: (1) YOU REPRESENT THAT YOU HAVE ACTUAL AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUBSCRIBER; (2) THAT YOU HAVE READ THE TERMS STATED ABOVE; (3) YOU UNDERSTAND THE TERMS STATED ABOVE; (4) A PRINTOUT OF THE TERMS STATED ABOVE WILL CONSTITUTE A “WRITING” UNDER ANY APPLICABLE LAW OR REGULATION; AND (5) YOU AGREE TO ABIDE BY ALL THE TERMS OF THE AGREEMENT STATED ABOVE.