By using the website hosted by Axiom Markets LLC (“Axiom”) and its affiliates, and the information, materials and content herein (collectively referred to as the “Site”), you (“You” or “Your” as applicable) agree to be bound by all of the terms and conditions outlined herein and to use the Site only as permitted by these Terms and Conditions and not for any unlawful or inappropriate purpose. If You access or use the Site on behalf of a business or individual, You represent to Axiom that You have the authority to bind that business or individual and Your acceptance of these Terms and Conditions will be treated as acceptance by that business or individual. In that event, You and Your in these Terms and Conditions will refer to that business or individual. If You do not agree with these Terms and Conditions, You must immediately stop using the Site.
Please refer to the Axiom Privacy Policy, located at [http://www.axiommarkets.com/privacy] and incorporated herein by reference, for any terms which are listed in these Terms and Conditions and not defined herein.
Axiom reserves the right,at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time by posting revised Terms and Conditions on the Site. Changes in these Terms and Conditions will be effective when such change is posted. Your use of the Site after any changes to these Terms and Conditions are posted on the Site will be considered acceptance of those changes. Axiom may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Axiom may also impose limits on certain features or restrict Your access to parts or the entire Site without notice or liability. Axiom may terminate any authorization, rights and license given herein without notice or liability.
The Site is for informational purposes only and your access, use, and/or reference of the Site does not create any business or contractual relationship between you and Axiom. All information and content included on the Site is provided “as is” and without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, nothing on the Site shall be construed as on offer or agreement by Axiom to enter into any contract, agreement, or transaction.
Axiom strives to provide an accurate and up-to-date Site. However, Axiom makes no warranties or representations as to the accuracy or timeliness of the Site. Axiom assumes no liability or responsibility for any errors or omissions on the Site.
You agree not to take any action, alone or with others, that would interfere with the operation or performance of the Site, to alter the Site in any way, or to impede others’ access to and freedom to enjoy and use the Site.
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, and software, is the property of Axiom or its content suppliers and is protected by United States and international copyright, trademark or other laws and regulations. You agree to access the Site manually, and not automatically, and solely for Your own use. You agree not to copy, modify, broadcast, publish, retransmit, disseminate, commercially exploit or distribute the contents of the Site without the express written permission of Axiom. Nothing contained herein confers, by implication, estoppel or otherwise, any license or right under any patent, trademark, copyright or other proprietary right of Axiom. All rights are hereby reserved by Axiom.
For your convenience, Axiom may provide links to websites belonging to other companies, including affiliates of Axiom (collectively, “Third Party Websites”). Those Third Party Websites are not under the control of Axiom and Axiom does not monitor or make any representation or assume any liability with respect to any Third Party Websites. The fact that Axiom has provided a link to a Third Party Website is not to be interpreted as an endorsement of its content. Please refer to the Third Party Websites for their terms and conditions and other policies.
Axiom is not engaged in the business of and is not registered as a Commodity Trading Advisor, Introducing Broker, Futures Commission Merchant, or Swap Dealer, and Axiom is not registered as a Designated Contract Market or Swap Execution Facility (in each instance, as those terms are defined by the Commodity Futures Trading Commission). This Site is for informational purposes only; and the Site is not intended to provide and may not be relied on as a review, assessment, or evaluation of the advisability of negotiating or entering into any contract, agreement, or transaction that is futures, option, swap, or other derivative or security product (each a “Financial Instrument”). In addition, the Site is not intended to be and does not amount to a solicitation or acceptance of any order for the purchase or sale of any Financial Instrument, and the Site may not be used to negotiate or execute a contract, agreement, or transaction in connection with any Financial Instrument, either with Axiom or with any other party.
You agree to indemnify and hold harmless Axiom, its affiliates, and its and their respective shareholders, partners, officers, trustees, directors, agents and representatives from and against all claims and expenses, including attorneys’ fees, arising out of Your access or use of the Site.
NEITHER AXIOM, NOR ITS AFFILIATES OR ITS OR THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, OFFICERS, TRUSTEES, DIRECTORS, AGENTS OR REPRESENTATIVES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AXIOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO: (I) YOUR USE OR INABILITY TO USE THE SITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (Ill) STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (IV) ANY OTHER MATTER RELATING TO THE SITE.
Acceptance. If You do not accept all of the terms and conditions set forth in these Terms and Conditions, You may not access or use the Site.
Assignment. You may not assign any of Your rights or obligations under these Terms and Conditions without Axiom’s express prior written consent. Axiom may assign its rights or assign or delegate any of its obligations under these Terms and Conditions without restriction.
Enforceability, Waiver and Severability. If any provision of these Terms and Conditions is found illegal or unenforceable, the Terms and Conditions will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these Terms and Conditions will not be affected. No delay or failure by Axiom to exercise or enforce any of its rights under these Terms and Conditions will act as a waiver of such rights. Each provision of these Terms and Conditions shall be severable from every other provision hereof for the purpose of determining the legal enforceability of any specific provision.
Entire Agreement. These Terms and Conditions, along with the Axiom Privacy Policy, constitute the entire understanding between Axiom and You with respect to the matters and transactions contemplated hereby and supersedes all previous agreements between You and Axiom concerning the subject matter hereof. You acknowledge and agree that You have not relied on any statement, representation or promise of Axiom in agreeing to these Terms and Conditions and the Axiom Privacy Policy.
Export and International Use. The Site is controlled and offered by Axiom from its facilities in the United States of America. Axiom makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Good Faith. You agree to act in good faith with respect to each provision of these Terms and Conditions and any dispute that may arise related hereto or thereto.
Governing Law, Jurisdiction and Venue. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without regard to or application of choice of law rules or principles. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in New York County of the State of New York for any claim or action arising out of or relating to these Terms and Conditions or Your use of the Site. You agree that: the Site shall be deemed to be solely based in the State of New York; the Site shall be deemed a passive website that does not give rise to personal jurisdiction over Axiom, either specific or general, in jurisdictions other than the State of New York; and ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES.
Headings. The section headings and subheadings contained in these Terms and Conditions are included for convenience only and shall not limit or otherwise affect the terms hereof.
Notices. Any notices to Axiom required to be given in writing under these Terms and Conditions shall be delivered either by hand, overnight delivery service or First Class United States mail and shall be pre-paid and addressed as follows: Axiom Markets LLC, 148 Madison Ave, 5th Floor, New York, NY 10016.
Survival. All terms of these Terms and Conditions 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.