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Terms & Conditions
AMERIBOR® Website Users Must Read These Terms and Conditions of Use Prior To Their Use Of This Website. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
By using a World Wide Website (“Website”) of American Financial Exchange, Incorporated and its affiliates (collectively, “AFX”), you (“You” or “Your” as applicable) signifies Your ACCEPTANCE OF THESE TERMS AND CONDITIONS FOR USE OF THE WEBSITE (“Terms”). If You access or use the Website on behalf of a business or individual, You represent to AFX that You have the authority to bind that business or individual and Your acceptance of these Terms will be treated as acceptance by that business or individual. In that event, You and Your in these Terms will refer to that business or individual. If You do not agree with these Terms, You must immediately stop using the Website.
From time to time, AFX reserves all rights to modify the Terms of the Website. Accordingly, You should continue to review the Terms whenever accessing or using the Website. Your access or use of the Website after the posting of modifications to these Terms will constitute Your acceptance of the Terms, as modified. Any terms and conditions proposed by You which are in addition to or which conflict with these Terms are expressly rejected by AFX and shall be of no force or effect.
You, as a Website user, represent that you have read, understand, and agree to be bound by the Terms for the Website. You also agree (a) that You signify Your acknowledgment and assent to the Privacy Statement and Policy for the Website, incorporated herein by reference (Click here to see our Privacy Statement & Policy), (b) that your use of the Website is subject to all applicable international, federal, state, and local laws, (c) not to use the Website for illegal purposes, and (d) not to interfere with or disrupt the Website or networks connected to the Website.
The design of, as well as the materials, content, text, graphics, images, software and information contained in, the Website (“Materials”) are owned, licensed, or controlled by AFX or the party credited as the owner, licensor, or provider of such Materials. The Materials on the Website, including, but not limited to all menu pages, content, text, video, audio and graphics are protected by copyrights, trademarks, service marks, and/or other proprietary rights and laws of the United States and other countries. The Website is also protected as a collective work or compilation under United States copyright and other laws. You agree to comply with all applicable copyright and other laws. You agree to comply with any guidelines for linking to the Website that may be posted on the Website. You may view, print and download one copy of the contents for your personal noncommercial use in connection with products and services offered by AFX, provided, you maintain all copyright, trademark and other notices contained on the Materials. You may not otherwise copy, reproduce, alter, store either in hard copy or in an electronic retrieval system, license, transmit, display, broadcast, create a derivative work (for example, a financial product, service or index) from, publish, rent, sublicense, distribute, or otherwise use in whole or in part in any other manner the Materials without AFX’s prior written consent except to the extent that such use constitutes “fair use” under the “Copyright Act of 1976”, as amended from time to time. Request for such consent must be made in writing and should be mailed to American Financial Exchange: 400 N. Michigan Avenue, Suite 450, Chicago, IL 60611 with an electronic copy sent to Dave Daugherty at ddaugherty@theafex.wpenginepowered.com. Nothing contained herein confers, by implication, estoppel or otherwise, any license or right under any patent, trademark, copyright or other proprietary right of AFX. All rights are hereby reserved.
Your use of the Website is at your own risk. Although the contents provided on the Website have been obtained from sources believed to be reliable, they are provided to You on an “AS IS” basis and without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
You acknowledge that (a) the Materials are provided for general informational and educational purposes only and are not intended for trading purposes, (b) that AFX does not guarantee the accuracy, completeness or timeliness of the Materials provided on the Website or any linked website, and (c) that certain portions of the Website may be subject to the terms and conditions of other agreements to which AFX is a party.
Except as provided under applicable law, and except in instances where there has been a finding of willful or wanton misconduct, gross negligence, bad faith or fraudulent or criminal acts, in which case the party found to have engaged in such misconduct cannot invoke the protection of the applicable rules of the AFX Rulebook, neither AFX nor any of its managers, directors, officers, employees, agents, limited liability company members, service providers, licensors or consultants, nor any of their respective affiliates, shall have or incur any liability whatsoever to You, any persons associated therewith, or any third parties related to any You or associated persons or their customers, or their respective agents, successors, assigns, or representatives, for any loss, damage, cost, claims or expense (including but not limited to indirect, incidental or consequential damages) that arise out of or are caused by the use of the facilities and services provided by, through or in respect to AFX, any interruption in or failure or unavailability of any such facilities or services, any transaction executed through AFX, any action taken or omitted to be taken by AFX with respect to the business of AFX or any Participant, or any information or data provided or withheld by AFX. Such limitation of liability shall apply to all claims, whether in contract, tort, negligence, strict liability or otherwise.
Neither AFX nor any of its service providers shall have any responsibility or liability whatsoever for the performance or non-performance by You of your obligations under or pursuant to any loan, trade, order execution or other transaction executed on or through AFX, or for any default by any party on its obligations under a transaction executed on or through AFX, or for the management of such default or any actions taken as a result of such default.
AFX makes no warranty, express or implied, as to the results to be obtained by any person or entity from the use of any data or information communicated by or on behalf of AFX. AFX makes no express or implied warranties of merchantability or fitness for a particular purpose or use with respect to any data or information communicated by or on behalf of AFX , or as related to accuracy, timeliness, completeness, or non-infringement to users and/or any third party.
SUBJECT TO THE LIMITATIONS SET FORTH ABOVE, NEITHER AFX NOR ANY OF ITS MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, LICENSORS OR CONSULTANTS, NOR ANY OF THEIR RESPECTIVE AFFILIATES, SHALL HAVE OR INCUR ANY LIABILITY WHATSOEVER TO YOU, ANY PERSONS ASSOCIATED THEREWITH OR ANY THIRD PARTIES RELATED TO YOU OR ASSOCIATED PERSONS OR THEIR CUSTOMERS, OR THEIR RESPECTIVE AGENTS, SUCCESSORS, ASSIGNS, OR REPRESENTATIVES, FOR ANY LOSS, DAMAGE, COST OR EXPENSE (INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) INCURRED BY YOUS AS A RESULT OF ANY FAILURE, MALFUNCTION, FAULT, DELAY, OMISSION, INACCURACY, INTERRUPTION OR TERMINATION OF SERVICE IN CONNECTION WITH THE FURNISHING, PERFORMANCE, OPERATION, MAINTENANCE OR USE OF OR INABILITY TO USE ALL OR ANY PART OF ANY AFX SYSTEMS. SUCH LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE CAUSE OF SUCH SYSTEMS FAILURE EVEN IF DUE TO AFX ERROR, OMISSION OR NEGLIGENCE. FURTHER, SUCH LIMITATION OF LIABILITY SHALL APPLY TO ALL CLAIMS, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.
Additionally, AFX, its managers, directors, officers, employees, agents, Services Providers, licensors and consultants shall have and incur no liability whatsoever for any errors or inaccuracies in information provided by any AFX systems or for any losses resulting from unauthorized access or any other misuse of any system or facility of AFX by any person.
This Website and all content have been prepared for informational and/or educational purposes only without regard to any particular user’s investment objectives, financial situation or means. None of AFX, CBOE, or any of their respective affiliates, officers, directors, employees, agents or licensors are soliciting any action based on information made available on this Website. Reliance upon any content contained on or accessed in this Website is at your own risk.
The content on this Website is not to be construed as a recommendation or offer to buy or sell or the solicitation of an offer to buy or sell any loan, financial product or instrument, or to participate in any particular trading strategy. AFX does not make any recommendations regarding the merit of any loan, company, or other financial product or investment identified on this Website, nor does it make any recommendation regarding the purchase or sale of any such company, financial product or investment that may be described or referred to on this Website, nor endorse or sponsor any company identified on this Website. None of AFX, CBOE or shall be liable for any investment decisions based upon or results obtained from the content provided on this Website. Nothing contained on this Website is intended to be, nor shall it be construed to be, legal, tax, accounting or investment advice.
This Website is not directed at or intended for publication or distribution to any person in any jurisdiction where doing so would result in contravention of any applicable laws or regulations. It is the responsibility of the individual user to consider his or her legal and regulatory position in the relevant jurisdiction, the risks associated with trading such loans or investments and to ensure that the use of the content of this Website and the subsequent making of any investment does not contravene any such restrictions or applicable laws and regulations of any jurisdiction. Potential users of products or investments described on this Website (including those wishing to trade them or to offer and sell them to others) should familiarize themselves with the full contract specification of the loan or investment concerned and any associated information, such as any applicable legal or regulatory provisions. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific loan, investment, index, report, opinion, advice or other content.
You represent, warrant and covenant that: (a) You have the power, competence and authority to enter into this agreement; (b) You are at least eighteen (18) years old; (c) You shall not use any rights granted hereunder for any unlawful purpose; and (d) You shall use the Website only as set forth in the Terms.
You agree, at your expense, to indemnify, defend and hold harmless AFX, its officers, directors, permit holders, employees, affiliates, subsidiaries, agents, third party suppliers and owners of Materials, and assigns from and against any and all claims, suits, actions, and expenses, including damages, attorneys’ fees and costs, based on or arising out of the use of the Website or any links on the Website, including, but not limited to: (a) a violation of the Terms by You or any other person using Your computer (or account); (b) Your use of the Website; (c) a claim that any use of the Website by you or any other person using your computer (or account) infringes any intellectual property rights of any third party, or any right of publicity or privacy, is libelous or defamatory, or otherwise results in injury or damage to any third party; (d) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Website by you or any other person using your computer (or account); (e) any misrepresentation or breach of representation or warranty made by you contained herein; or (f) any breach of any covenant or agreement to be performed by you hereunder. AFX’s cooperation in such defense is made without waiver of any attorney-client, work-product, or other legal privileges. You agree to be responsible and liable for any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
For your convenience, AFX may provide links to websites belonging to other companies, including affiliates of AFX. Those websites are not under the control of AFX and AFX does not monitor, make any representation with respect to or assume any liability with respect to any third-party websites, including, without limitation, for any products or services that are advertised or available for purchase through such third-party websites. The fact that AFX has provided a link to such websites is not to be interpreted as an endorsement of their contents. You shall remain solely responsible for protecting Yourself from viruses and other destructive elements that may be present on those websites. Please refer to these third party websites for their terms and conditions and other policies.
Either you or AFX may terminate the Terms with or without cause at any time and effective immediately. You may only terminate the Terms by discontinuing the use of the Website and destroying all materials obtained from the Website. Notwithstanding the provisions of this Section, these Terms will terminate immediately without notice from AFX if AFX determines that You have failed to comply with any provision of these Terms. AFX reserves the right to seek all remedies available at law and in equity for your violation of these Terms. Upon termination by You or upon notice of termination by AFX, you must destroy promptly all Materials obtained from the Website.
You may not assign any of Your rights or obligations under these Terms without AFX’s express prior written consent. AFX may assign its rights or assign or delegate any of its obligations under these Terms without restriction.
The Terms shall be governed and construed in accordance with the laws of the United States and the State of Illinois, without giving effect to conflicts of law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in Cook County in the State of Illinois with respect to any legal proceedings that may arise in connection with the Website or from a dispute as to the interpretation or breach of the Terms.
If any provision of these Terms is found illegal or unenforceable, the Terms will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these Terms will not be affected. No delay or failure by AFX to exercise or enforce any of its rights under these Terms will act as a waiver of such rights. Each provision of these Terms shall be severable from every other provision hereof for the purpose of determining the legal enforceability of any specific provision.
The Terms and any other AFX terms and conditions for use of the Website, including but not limited to the Privacy Statement and Policy, and its successor Websites, constitute the entire agreement between You and AFX and govern Your use of the Website.
The Website is controlled and offered by AFX from its facilities in the United States of America. AFX makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to act in good faith with respect to each provision of these Terms and any dispute that may arise related thereto.
The section headings and subheadings contained in these Terms are included for convenience only and shall not limit or otherwise affect the terms hereof.
Any notices to AFX required to be given in writing under these Terms shall be delivered either by hand, overnight delivery service or First Class United States mail and shall be pre-paid and addressed as follows: American Financial Exchange, 400 North Michigan Avenue, Suite 450, Chicago, Illinois 60611 with an electronic copy sent to Rafael Marques at rmarques@theafex.wpenginepowered.com.
These Terms by their nature extend beyond the termination of the Terms and shall remain in effect for as long as necessary to permit their full discharge and apply to each party’s respective successors and permitted assigns.