This Terms, Conditions and Website Disclaimer (“Agreement”), applies to any and all websites operated by Intercontinental Exchange, Inc. and/or its subsidiaries that this Agreement appears on (“ICE”).
Terms of Use Your browser is unsupported Please visit this URL to review a list of supported browsers. ICENYSELOGINWEBICE Solutions Resources Insights About Us Privacy and Security Center/Terms of Use Terms of Use This website, www.ice.com, www.nyse.com, www.intercontinentalexchange.com, www.esignal.com, or www.ngx.com (the “Website”), is owned and operated by Intercontinental Exchange, Inc., a Delaware corporation. This Terms, Conditions and Website Disclaimer (“Agreement”), applies to any and all websites operated by Intercontinental Exchange, Inc. and/or its subsidiaries that this Agreement appears on (“ICE”). This Agreement is a legal contract between you and ICE and applies to your use of the Website, including any information and materials therein and any software that ICE makes available that allows you to access the Website from a mobile device (“App”). Unless otherwise noted, all references to “Website” shall include any App and any information or materials available via the Website or an App. By accessing all or any part of this Website, you fully accept and agree to comply with all of the terms and conditions set out in this Agreement. You may not use this Website except as expressly provided in this Agreement. If you do not agree to this Agreement, you are not authorized to access and use this Website and should exit immediately. PLEASE READ THIS AGREEMENT CAREFULLY. You may access specific sections of this Agreement by using the following links: Additional Terms No Warranty Limitation of Liability Third Party Links Indemnity Regulatory Disclosures Cautionary Note Regarding Forward-Looking Statements Proprietary Rights Trademark & Copyright Registration Transactions Permissible Use No Unlawful or Prohibited Use; Monitoring of this Website Feedback Choice of Law Dispute Resolution Right to Revise this Agreement Revision/Termination of Services and the Website Violations of this Agreement Miscellaneous Terms Contact Us Registered Trademark and Marques Déposée Patents Disclaimers Additional Terms This Agreement does not govern your use of WebICE, your use of which is governed by any (i) WebICE terms and policies as may be applicable and (ii) agreements you have entered to access and use WebICE. Our Privacy Policy describes the personal information we collect when you and others use this Website, how we use that personal information, and some of the steps we take to protect your privacy. The Privacy Policy is incorporated in this Agreement. Please review the Privacy Policy before using this Site. Similarly, certain features of this Website may require you to establish an account and agree to special terms governing your use of the special features, such as portals available through our Website (as described in the “Registration” section of this Agreement). In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” If any special term conflicts with a term in this Agreement, the special term will override the conflicting term in this Agreement. No Warranty Your use of the Website is at your own risk. The information and materials have not been verified or authenticated in whole or in part by ICE, and they may include inaccuracies or typographical or other errors. ICE does not warrant the accuracy or timeliness of the information and materials contained on the Website. ICE has no liability for any loss of data, or errors or omissions, whether provided by ICE, our licensors or suppliers or other users. THE WEBSITE, AND THE INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE - INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS - ARE PROVIDED "AS IS" AND "AS AVAILABLE." ICE, ITS SUBSIDIARIES, AND THIRD PARTY PROVIDERS (AS DEFINED BELOW) DO NOT WARRANT THE ACCURACY, ADEQUACY, TIMELINESS, OR COMPLETENESS OF THE WEBSITE OR THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS, OMISSIONS OR OTHER DEFECTS, OR DELAYS OR INTERRUPTIONS IN THE WEBSITE OR THIS INFORMATION AND MATERIALS. ICE DOES NOT VERIFY ANY DATA AND DISCLAIMS ANY OBLIGATION TO DO SO. THE INFORMATION ON THIS WEBSITE IS ALSO SUBJECT TO CHANGE. NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, ARISING BY STATUTE, CUSTOM OR COURSE OF DEALING, COURSE OF PERFORMANCE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, SECURITY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS ON THE WEBSITE. THIRD PARTIES MAY UNLAWFULLY INTERCEPT OR ACCESS TRANSMISSIONS OR PRIVATE COMMUNICATIONS AND ICE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE WEBSITE OR COMMUNICATIONS SENT FROM ICE ARE PROTECTED FROM VIRUSES, SECURITY THREATS, OR OTHER VULNERABILITIES OR THAT YOUR INFORMATION WILL ALWAYS BE SECURE. ANY MATERIAL, INFORMATION OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN RISK AND DISCRETION AND YOU ALONE WILL BE RESPONSIBLE FOR ANY DAMAGE OR LOSS TO YOU, INCLUDING AND NOT LIMITED TO DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR LOSS OR DAMAGE TO ANY PROPERTY OR LOSS OF DATA OR LOSS OF REVENUE THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL. WE DO NOT ENDORSE ANY OPINION, ADVICE, COMMENT OR STATEMENT MADE ON THIS WEBSITE BY THIRD PARTIES, AND SUCH STATEMENTS DO NOT IN ANY WAY REFLECT OUR OPINION, ADVICE OR STATEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MATERIALS IS AT YOUR SOLE RISK. Nothing in this Agreement will affect any statutory rights to which you may be entitled as a consumer to the extent your ability to alter or waive such rights by contract is limited by applicable law. Specifically, you acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to this Agreement and which if known, might materially affect your consent to this Agreement. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASING PARTY. IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT WILL OUR OR THE RELEASED PARTIES’ (AS DEFINED BELOW) TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID US OR THE RELEASED PARTIES DURING THE SIX (6) MONTHS PRIOR TO THE INCIDENT. NOTHING IN THIS CLAUSE WILL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE. Limitation of Liability IN NO EVENT WILL ICE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR ITS THIRD PARTY PROVIDERS (THE “RELEASED PARTIES”) BE LIABLE TO YOU, OR ANY THIRD PARTY CLAIMING THROUGH YOU, FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, ITS CONTENT, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, UNAUTHORIZED INTERCEPTION OF INFORMATION, OR OTHER SECURITY THREATS RELATING TO THE WEBSITE, EVEN IF ICE OR THE RELEASED PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. PAST PERFORMANCE IS NO GUARANTEE OF FUTURE RESULTS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF INCOME OR LOSS OF PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ICE OR ANOTHER RELEASED PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). YOU AGREE THAT WE WOULD NOT ENTER INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON OUR LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS OF USE WILL LIMIT OR EXCLUDE LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. Third Party Links Hyperlinks to other internet resources are used by you at your own risk. ICE is not in a position to and does not seek to monitor or verify the content, accuracy, opinions expressed and other links provided by these resources in any way and is not liable for any aspect of such resources or any consequence arising from your use of those resources. By providing access to the linked websites, neither ICE nor its Third Party Providers are recommending, endorsing or sponsoring any aspect of those websites, including the transmission of software, downloading or uploading of content, or any goods, services or securities available thereon. We are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on, or available from, such websites. Your use of such Web sites is subject to the terms and policies of the owner of such websites and not this Agreement. Other websites may link to the Website with or without our authorization, and we may block any links to or from the website in our sole discretion. You forever hold ICE and its Third Party Providers harmless from any and all claims, obligations and/or liability arising in connection with the use of any such links. YOUR USE OF THIRD-PARTY WEB SITES OR SERVICES IS AT YOUR OWN RISK. Indemnity You agree to indemnify, defend and hold harmless ICE and its officers, agents, contractors, users, customers, providers, licensees, successors in interest and employees (“Indemnified Parties”) from and against any and all claims, losses, liabilities, demands, costs, damages and or penalties (including attorneys’ fees, court costs, damage awards and settlement amounts) arising from or out of: (1) your access to or use of the Site, including your Account and our portals; and (2) any failure by you or any agent acting on your behalf to fully observe this Agreement or by reason of any use by you or such agent of any information or images provided on this Website. ICE will provide you with notice of any such claim or allegation, and ICE will have the right to participate in the defence of any such claim. Regulatory Disclosure 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. Neither ICE, the Third Party Providers, nor 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, a…