Data Not Guaranteed Sample Clauses

Data Not Guaranteed. Subscriber understands that no Authorizing SRO, no other entity whose information is made available over the Authorizing SROs' facilities (an "Other Data Disseminator") and no information processor that assists any Authorizing SRO or Other Data Disseminator in making Market Data available (collectively, the "Disseminating Parties") guarantees the timeliness, sequence, accuracy or completeness of Market Data or of other market information or messages disseminated by any Disseminating Party. Neither Subscriber nor any other person shall hold any Disseminating Party liable in any way for (a) any inaccuracy, error or delay in, or omission of, (i) any such data, information or message or (ii) the transmission or delivery of any such data, information or message, or (b) any loss or damage arising from or occasioned by (i) any such inaccuracy, error, delay or omission, (ii) non- performance or (iii) interruption in any such data, information or message, due either to any negligent act or omission by any Disseminating Party, to any "force majeure" (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction) or to any other cause beyond the reasonable control of any Disseminating Party.
Data Not Guaranteed. The Customer expressly agrees that any data or online reports is provided to the Customer without warranties of any kind, express or implied, including but not limited to, the implied warranties of merchantability, fitness of a particular purpose or non-infringement. The Customer acknowledges that the information contained in any reports provided by you is obtained from sources believed to be reliable but is not guaranteed as to its accuracy of completeness. Such information could include technical or other inaccuracies, errors or omissions. In no event shall you or any of your affiliates be liable to the Customer or any third party for the accuracy, timeliness, or completeness of any information made available to the Customer or for any decision made or taken by the Customer in reliance upon such information. In no event shall you or your affiliated entities be liable for any special incidental, indirect or consequential damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not advised of the possibility of damages, and on any theory of liability, arising out of or in connection with the use of any reports provided by you or with the delay or inability to use such reports.
Data Not Guaranteed. The Customer understands that neither the Broker nor any Authorizing SRO, other entity whose information is made available over the Authorizing SROsfacilities (an “Other Data Disseminator”), or information processor that assists any Authorizing SRO or Other Data Disseminator in making Market Data available (collectively, the “Disseminating Parties”) guarantees the timeliness, sequence, accuracy, completeness, reliability, or content of Market Data or of other market information or messages disseminated to or by any Disseminating Party. The Customer understands that neither the Broker nor any Disseminating Party guarantees the timeliness, sequence, accuracy, completeness, reliability or content of market information, or messages disseminated to or by any party. The Customer understands that neither the Broker nor any Disseminating Party warrants that the service provided by any such entity will be uninterrupted or error-free. NEITHER THE BROKER, ANY OF ITS AFFILIATES, THEIR RESPECTIVE OFFICERS OR EMPLOYEES, NOR ANY DISSEMINATING PARTY SHALL BE LIABLE IN ANY WAY FOR (A) ANY INACCURACY, ERROR OR DELAY IN, OR OMISSION OF, (I) ANY MARKET DATA, INFORMATION OR MESSAGE, OR (II) THE TRANSMISSION OR DELIVERY OF ANY SUCH DATA, INFORMATION OR MESSAGE; OR (B) ANY LOSS (AS DEFINED IN THIS CUSTOMER AGREEMENT) OR DAMAGE ARISING FROM OR OCCASIONED BY (I) ANY SUCH INACCURACY, ERROR, DELAY OR OMISSION, (II) NON-PERFORMANCE OR (III) INTERRUPTION IN ANY SUCH MARKET DATA, INFORMATION, OR MESSAGE, WHETHER DUE TO ANY ACT OR OMISSION BY THE BROKER, ANY OF ITS AFFILIATES, THEIR RESPECTIVE OFFICERS OR EMPLOYEES, OR ANY DISSEMINATING PARTY, OR TO ANY “FORCE MAJEURE” (E.G., FLOOD, EXTRAORDINARY WEATHER CONDITIONS, EARTHQUAKE OR OTHER ACT OF GOD, FIRE, WAR, INSURRECTION, RIOT, LABOR DISPUTE, ACCIDENT, ACTION OF GOVERNMENT, OR COMMUNICATIONS OR POWER FAILURE, EQUIPMENT OR SOFTWARE MALFUNCTION) OR ANY OTHER CAUSE BEYOND THE REASONABLE CONTROL OF THE BROKER, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS AND EMPLOYEES, OR ANY DISSEMINATING PARTY.
Data Not Guaranteed. 28.1 Use of data at your risk You expressly agree that your use of the data and information available through the Services and of any software provided for use in accessing the Services is at your sole risk. Neither we nor any of our directors, officers and employees, the Agents and the owners and licensors of such software, including any party disseminating data or information (collectively, “the Disseminating Parties”), warrant that the Services will be uninterrupted or error free; nor does any of them make any warranty as to the results that may be obtained from the use of the Services, or as to the timeliness, sequence, accuracy, completeness, reliability or content of any data and information or Transaction provided through us, or with respect to any software provided for use in accessing the Services.
Data Not Guaranteed. The Disseminating Parties do not guarantee the timeliness, sequence, accuracy or completeness of Market Data made available, or of other market information or messages disseminated, by any Disseminating Party. No Disseminating Party will be liable in any way to Customer or to any other person for
Data Not Guaranteed. Subscriber understands that no Authorising SRO, no other entity whose information is made available over the Authorising SROsfacilities (an “Other Data Disseminator”) and no information processor that assists any Authorising SRO or Other Data Disseminator in making Market Data available (collectively, the “Disseminating Parties”) guarantees the timeliness, sequence, accuracy or completeness of Market Data or of other market information or messages disseminated by any Disseminating Party. Neither Subscriber nor any other person shall hold any Disseminating Party liable in any way for
Data Not Guaranteed. The Customer understands that neither the Broker nor any Authorizing SRO, other entity whose information is made available over the Authorizing SROsfacilities (an “Other Data Disseminator”), or information processor that assists any Authorizing SRO or Other Data Disseminator in making Market Data available (collectively, the “Disseminating Parties”) guarantees the timeliness, sequence, accuracy, completeness, reliability, or content of Market Data or of other market information or messages disseminated to or by any Disseminating Party. The Customer understands that neither the Broker nor any Disseminating Party guarantees the timeliness, sequence, accuracy, completeness, reliability or content of market information, or messages disseminated to or by any party. The Customer understands that neither the Broker nor any Disseminating Party warrants that the service provided by any such entity will be uninterrupted or error-free. NEITHER THE BROKER, ANY OF ITS AFFILIATES, THEIR RESPECTIVE OFFICERS OR EMPLOYEES, NOR ANY DISSEMINATING PARTY SHALL BE LIABLE IN ANY WAY FOR (A) ANY INACCURACY, ERROR OR DELAY IN, OR OMISSION OF, (I) ANY MARKET DATA, INFORMATION OR MESSAGE, OR (II) THE TRANSMISSION OR DELIVERY OF ANY SUCH DATA, INFORMATION OR MESSAGE; OR (B) ANY LOSS (AS DEFINED IN THIS CUSTOMER AGREEMENT) OR DAMAGE ARISING FROM OR OCCASIONED BY
Data Not Guaranteed. (A) NO WARRANTIES - The subscriber agrees that the CEG makes no representation or warranty, express or implied, with respect to the market data, its transmission, timeliness, accuracy or completeness, including, but not limited to, implied warranties or conditions of merchantability, quality and fitness for a particular purpose and those arising by statute or otherwise in law or from the course of dealing or usage of trade.
Data Not Guaranteed. Subscriber understands that neither Vendor, CDS, nor any of their respective affiliates guarantees the timeliness, sequence, accuracy or completeness of the Data. Neither the Subscriber nor any other person that obtains or uses the Data pursuant to this Agreement shall hold Vendor or CDS, or any of their respective affiliates, or any of their respective directors, officers, committee members, trading permit holders, employees, contractors or agents, liable in any way for any loss, expense, damage or claim arising out of or relating to the use of the Data or for any interruption in or failure or unavailability of the Data, whether or not any such loss, expense, damage or claim results or is alleged to result from negligence or other error or omission on the part of Vendor or CDS or any of their respective affiliates, or any of their respective directors, officers, committee members, trading permit holders, employees, contractors, agents or other persons acting on its behalf, or from systems failure, or from any other cause within or outside the control of Vendor or CDS. Without limiting the generality of the foregoing, neither Vendor nor CDS, nor any of their respective affiliates, nor any of their respective directors, officers, committee members, trading permit holders, employees, contractors or agents shall have any liability to any person for any loss, expense, damage or claim which results from any inaccuracy, error or delay in, or omission of or from, any data, information or message that is, or is intended to be, part of the Data.
Data Not Guaranteed. Customer understands that neither CCMX nor any other entity whose information is made available, including any Carta Affiliates, or any information processor that assists in making Market Data available (together “Market Data Third Parties”) guarantees the timeliness, sequence, accuracy, completeness, reliability, or content of Market Data or of other market information or messages disseminated to or by any such Market Data Third Parties. Customer understands that neither CCMX nor any Market Data Third Parties warrant that the service provided by any such entity will be uninterrupted or error-free. Neither CCMX, any Carta Affiliates, their respective officers or employees, nor any Market Data Third Party shall be liable in any way for A) any inaccuracy, error or delay in, or omission of (i) any Market Data, information or message; or (ii) the transmission or delivery of any such data, information or message; or B) any loss (as defined in this Brokerage Agreement) or damage arising from or occasioned by (i) any such inaccuracy, error, delay or omission; (ii) non-performance; or (iii) interruption in any such Market Data, information, or message, whether due to any act or omission by CCMX, any Carta Affiliates, their respective officers or employees, or any disseminating Market Data Third Party, or by reason of any other cause beyond the reasonable control of CCMX, any Carta Affiliates, their respective officers and employees, or any Market Data Third Party.