Access Interruptions. You understand that USBI does not guarantee that access to the Site and Account management via the Site will be available at all times. USBI reserves the right to suspend access to the Site upon reasonable prior notice, where practicable, for scheduled or unscheduled system repairs or upgrades. Further, access to the Site and your Account may be limited or unavailable due to, among other things: market volatility, peak demand, systems upgrades, maintenance, any kind of interruption of USBI’s services, hardware or software malfunction or failure, internet service failure or unavailability, the actions of any judicial, governmental, or regulatory or self-regulatory organization, exchange, and force majeure. You agree that we will not be liable to you for any Losses you incurred (including, but not limited to, lost profits, trading losses, and similar damages) resulting from such access limitations or unavailability, except to the extent they arise from USBI’s negligence or willful misconduct. USBI shall act reasonably in accordance with standard practices in the industry to minimize downtime and to provide reasonable advance notice when reasonably possible.
Appears in 4 contracts
Sources: Investment Advisory Agreement, Investment Advisory Agreement, Investment Advisory Agreement