Please read this document carefully. The term “you” as used herein refers to all individuals and/or entities accessing the Site for any reason. By continuing to use the Site, you are indicating your acceptance to be bound by the terms and conditions of this Agreement between you and Traiana. If you do not accept the terms and conditions stated here, Traiana is not willing to allow you to use the Site and you should immediately stop using the Site. You must be at least 18 years of age to use the Site. If you are not at least 18 years old, you should immediately stop using the Site. This Agreement should be read in conjunction with your Traiana Harmony Services Agreement.
It is your responsibility to review this Agreement periodically. Traiana reserves the right to modify this Agreement from time to time without notice and in its sole discretion at any time by updating this web page, and your continued use of the Site after any modifications by Traiana shall constitute your acceptance of such modifications.
Scope of Use: Other than your transaction data, the information, data and other content (the “Information”) provided on the Site is provided by Traiana and its third party information providers ("Information Providers") in conjunction with the provision of the Harmony Services and may not be redistributed by you. No representation of any sort is made to any person, unless otherwise specifically stated in writing in this Site. Information provided on the Site may be delayed as determined by Traiana in its sole discretion. Traiana reserves the right to modify the Site from time to time without notice and in its sole discretion at any time. You agree to use the Site and the Information provided thereon only for your own personal use, and not to reproduce, retransmit, disseminate, sell, distribute, republish, broadcast, post, circulate or commercially exploit the Information available on the Site in any manner without the express written consent of Traiana, nor to use the Information available on the Site for any unlawful purpose.
Copyright and Intellectual Property Right Ownership: The Site, and all Information therein, contains material owned by either Traiana or its Information Providers which is protected under copyright, trademark and other intellectual property laws. Traiana and its Information Providers, as applicable, own the copyright to all Information and works of authorship on the Site. All trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of Traiana or its Information Providers, as applicable. In particular, Traiana and the Traiana logo are trademarks of Traiana and you may not use such name or logo without Traiana's prior written consent. You agree that, other than the right to access the Site and view the Information contained on the Site under the terms and conditions set forth herein, you acquire no ownership, title, right or interest of any kind in or to the Site or any portion of any Information on the Site, and that all title, right and interest therein and thereto remains with Traiana (and its Information Providers, as may be applicable). You may not copy any of the Information provided on the Site and must not copy these documents to any website.
Disclaimer of Warranties: No Information on the Site is intended (i) as investment, tax, accounting or legal advice, (ii) as an offer, recommendation or solicitation of an offer to sell or buy any security or any other financial instrument or to participate in any trading strategy, or (iii) as an endorsement, recommendation or sponsorship of any security or other financial instrument. Everything on the Site is provided "as is" without any representations or warranties of any kind (whether express or implied). To the fullest extent permissible under applicable law, Traiana and its respective members, officers, directors, employees, Information Providers, suppliers, and agents (collectively, the "Traiana Parties") hereby disclaim all representations and warranties, express, implied or statutory, including, without limitation, all implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and all representations and warranties (1) relating to the adequacy, timeliness, accuracy or completeness of any Information on the Site, (2) that your use of the Site will be uninterrupted, error-free, or secure, (3) that defects will be corrected, or (4) that the Site or the servers on which the Site is hosted are free of viruses or other harmful components. You assume total responsibility and risk for your use of, or reliance on, the Site and any Information provided on the Site. Information contained on the Site is subject to change at any time without notice.
The fact that Traiana has made the data and services provided on this Site available to you constitutes neither a recommendation to enter into a particular transaction nor a representation that any product described on this Site is suitable or appropriate for you. Many of the products described on this Site involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and has independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, legal, tax and accounting advisors concerning any contemplated transactions
Disclaimer of Damages and Limitation of Liability To the fullest extent permitted by applicable law, no Traiana Party shall be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other losses or damages (including, but not limited to, damages for loss of profits, loss of business, use, data or other intangible damages, even if such party has been advised of the possibility of such damages), under any contract, tort (including, without limitation, negligence and strict liability) or other legal theory, howsoever caused, arising out of or relating in any way to the Site and/or any Information contained on the Site, or any errors or omissions therein, or your use of, or inability to use, or reliance on, the Site. Your sole remedy for dissatisfaction with the Site and/or Information contained on the Site is to stop using the Site. In the event that the foregoing disclaimer of liability is held to be invalid or unenforceable, you agree that the maximum cumulative aggregate liability of the Traiana Parties to you for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence and strict liability), or otherwise) at any time shall be the aggregate cumulative amount paid by you to Traiana at such time, if any, to access the Site.
Indemnity: You agree to indemnify, defend and hold harmless the Traiana Parties from and against any claim, action or demand, including, without limitation, reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement.
Jurisdictional Issues: Traiana makes no representation that (i) materials on the Site are appropriate or available for use in any location or (ii) that any products, instruments or services discussed on the Site are appropriate or available for use or sale in any jurisdiction. If you choose to access the Site from any location then you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable local laws. Traiana reserves the right to limit the availability of the Site to any person, geographic area, or jurisdiction it desires, at any time and in its sole discretion.
Links to Other Websites: The Site may contain links to third-party internet websites or resources. These links are provided solely as a convenience to you and not an endorsement by Traiana of the contents of such third-party websites. Traiana neither controls nor endorses any such other websites, nor has it reviewed or approved any content that appears on such other websites. You acknowledge and agree that Traiana shall not be held responsible for the legality, timeliness, accuracy, completeness or appropriate nature of any information, data or other content, advertising, products, or services located on or through any other third-party websites, nor for any loss or damages caused or alleged to have been caused by your use of, inability to use, or reliance on, any such content, information or data. If you decide to access a linked website, you do so at your own risk.
Termination: This Agreement, as amended by Traiana from time to time in accordance with its terms, shall remain effective indefinitely until terminated by Traiana. Traiana shall have the right to terminate this Agreement, and/or your access to and use of the Site, at any time in its sole discretion and without the requirement of written notification.
Miscellaneous: This Agreement shall be governed by and
construed in accordance with the laws of
Revised: October 2010
Collection of Information: When you register to use the Site or choose to submit information to the Site, Traiana may collect information from you such as your name, postal address, email address, telephone number, your firm’s name or comments. Generally, the information Traiana collects on the Site is used only for Traiana’s own internal purposes, for example, to improve the content of the Site, to improve Traiana’s marketing and promotional efforts, to statistically analyse Site usage patterns on an aggregate basis, to improve Traiana content and Site offerings, and may be used by Traiana to contact you to provide you with information Traiana believes may be useful to you. Traiana believes that these uses allow it to improve the Site and better tailor it to meet users' needs.
Disclosure of Information: At no time will Traiana sell or broker any of the information that Traiana receives from you through your use of the Site to any third parties. As a general rule, Traiana will not disclose any personal information to any third parties, except in the following circumstances: (i) when Traiana believes in good faith that it is required under applicable law, (ii) to protect other users of the Site, or (iii) to respond to an emergency and as set forth below. The recipients of such information may include companies or individuals that are established in countries which may not have comprehensive data protection laws.
Information may be given to third-party contractors or other persons or entities that Traiana engages in the course of outsourcing certain functions. Information will be shared with such third-party contractors, persons or entities only to the extent reasonably necessary for them to perform services on Traiana’s behalf and not for any other purpose, and pursuant to reasonable confidentiality obligations. Traiana may disclose information if legally required to do so, if requested to do so by a governmental entity or regulatory authority or if Traiana believes in good faith that such action is necessary to comply with legal requirements or process, prevent a crime or protect national security. If you engage, or Traiana reasonably suspects that you are engaging, in any illegal activity, Traiana may disclose your personal information without a subpoena, warrant or other court order to the extent Traiana determines in its sole discretion is necessary to cooperate with appropriate authorities. Traiana reserves the right to transfer any information that Traiana has collected about you through your use of the Site to a third party that acquires a portion of Traiana’s business or in the event that Traiana sells or otherwise transfers some or all of its assets related to the Site.
Traiana maintains rigorous physical, electronic and procedural safeguards to protect personal information against unauthorised access or disclosure, accidental loss, use, alteration or destruction. Traiana is aware of, and complies with, relevant laws and regulations regarding personal data.
Other Websites: The Site may contain links to third-party websites over which Traiana has no control. Traiana is not responsible for the privacy policies or practices of such other websites and Traiana encourages you to review the privacy policies, if any, on such websites.
Cookies: Traiana may place a small text file called a "cookie" in the browser files of your computer. The cookie itself does not contain personal information, although it will enable the Site to relate your use of the Site to information that you have specifically and knowingly provided to the Site (such as username) and to track your use of the Site. Tracking information is used to create information on user demographics and Site traffic patterns on an aggregate basis and is not connected to the identities or other personal information of individual users.
Revised: October 2010