3.
Disclaimer of Warranties.
GLOBUS TRADING LLC HAS PROVIDED LINKS AND POINTERS TO INTERNET
SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES")
AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THIS
SERVICE. NEITHER GLOBUS TRADING LLC, ITS PARENT OR SUBSIDIARY COMPANIES
NOR ITS AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT
ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES.
THE MATERIALS IN THIS SERVICE AND THE THIRD PARTY SITES ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, GLOBUS TRADING LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GLOBUS TRADING
LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS
AND PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THIS SERVICE, INCLUDING THE COMMUNITY AREAS,
OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. GLOBUS TRADING LLC DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF THE MATERIALS IN THIS SERVICE OR IN THIRD PARTY SITES IN
TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR
OTHERWISE. YOU ASSUME ALL RISK OF ERRORS AND/OR OMISSIONS IN THE
SERVICE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION.
YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES
AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY
OF THE SERVICE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY
MEANS WHICH YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA
OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED
HEREUNDER. YOU (AND NOT GLOBUS TRADING LLC) ASSUME THE ENTIRE COST
OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
4.
Limitation of Liability
IN NO EVENT SHALL GLOBUS TRADING LLC, ITS PARENT OR SUBSIDIARY COMPANIES
NOR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE OR WITH
THE DELAY OR INABILITY TO USE THIS SERVICE, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SERVICE, OR
OTHERWISE ARISING OUT OF THE USE OF THIS SERVICE, WHETHER BASED
ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF GLOBUS
TRADING LLC OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND
AGREE THAT NEITHER GLOBUS TRADING LLC ITS PARENT OR SUBSIDIARY COMPANIES
NOR ITS AFFILIATES OR SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SERVICE. SOME STATES
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,
SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCULSION MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO
HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
5.
Indemnification
You agree to defend, indemnify and hold harmless Globus Trading
LLC its parent, affiliates and their respective directors, officers,
employees and agents from and against any and all claims, actions,
suits or proceedings, as well as any and all losses, liabilities,
damages, costs and expenses (including reasonable attorneys fees)
arising out of or accruing from (a) any material posted or otherwise
provided by you that infringes any copyright, trademark, trade secret,
trade dress, patent or other intellectual property right of any
person or defames any person or violates their rights of publicity
or privacy, (b) any misrepresentation made by you in connection
with your use of the Service; (c) any non-compliance by you with
the terms and conditions of this Agreement; and (d) claims brought
by persons or entities other than the parties to this Usage Agreement
arising from or related to your access and use of the Service, including
the information obtained through the Service.
|