As of August 2021
READ BEFORE CONTINUING — YOUR ACCEPTANCE OF TERMS OF USE
Luminex Trading & Analytics LLC (“Luminex”) is pleased to provide you with the products, services, content, tools, and information on this website (collectively referred to as the “Luminex Site”). Your use of the Luminex Site is subject to the following Terms of Use (“Terms”).
These Terms are a binding agreement between you and Luminex. By using or accessing the Luminex Site, you accept and agree to be bound by these Terms. Your use of the Luminex Site is governed by the version of the Terms in effect on the date the Luminex Site is accessed by you. Luminex may modify these Terms at any time and without prior notice. You should review the most current version of these Terms by visiting the Luminex Site and clicking on the Terms of Use hyperlink. These Terms are in addition to any other agreements between you and Luminex, including any customer or account agreements, and any other agreements that govern your use of information, content, tools, products, and services available on and through the Luminex Site.
USE OF LUMINEX SITE
The Luminex Site is intended only for your personal, non-commercial use, unless you and Luminex have agreed to otherwise in writing.
INFORMATION FOR FOREIGN INVESTORS
The Luminex Site is intended to be made available only to persons in the United States and select other countries in which Luminex is permitted to conduct business pursuant to applicable local law, and the information on this web site is only for such persons. Nothing on the Luminex Site shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such offer, solicitation, purchase, or sale would be unlawful under the laws of such jurisdiction.
BROKER-DEALER’S POTENTIAL CONFLICTS
As a broker-dealer operating an Alternative Trading System, Luminex will generally act as agent for its customers in connection with the sale to you or purchase by you of a security that is the subject of content prepared by Luminex. (In limited circumstances, Luminex may act as principal for the purpose of trading out of a bona fide error or similar situation that relates to a transaction in the system.) If the company receives a mark-up or commission or acts as agent for another person in connection with any such transaction with you, Luminex may have a potential conflict of interest. You understand this potential conflict and acknowledge that you may choose to effect securities transactions at another broker/dealer.
NO INVESTMENT RECOMMENDATIONS OR PROFESSIONAL ADVICE
Generally, the Luminex Site is not intended to provide tax, legal, insurance, or investment advice. Nothing on the Luminex Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by Luminex or any third party. However, certain tools available on the Luminex Site may be deemed to provide general investment education within the meaning of the securities laws based upon his or her client’s personalized input. You are solely responsible for determining whether any investment, security or strategy or any other product or service, is appropriate or suitable for you or your client based on his or her investment objectives and personal and financial situation. You should con
COPYRIGHT POLICY, LINKING POLICY AND TRADEMARKS
The Luminex Site is protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post, or frame in the Luminex Site, including any text, graphics, video, audio, software code, user interface design, or logos. Unless you and Luminex have agreed otherwise, links from another website to the Luminex Site must resolve to the top-level homepage of a Luminex domain. To avoid confusion, if you do link from another website to a Luminex top-level homepage, your website, and the link itself, may not suggest that Luminex endorses, sponsors, or is affiliated with any non– Luminex website, entity, service, or product, and may not make use of any Luminex trademarks or service marks other than those contained within the text of the link. If you are interested in linking to a Luminex Site or content on a Luminex Site, please contact your Luminex representative. You may not use any Luminex or its affiliates’ names without prior written approval. You may not reference that your firm is an agent of, partner to, or affiliate of Luminex. You may not use the Luminex logo or post any Luminex forms or collateral to your website. Only Luminex–approved language and website links are allowed. If you would like to include references to Luminex in your marketing materials, contact your Luminex representative for more information.
All trademarks and service marks on the Luminex Site belong to Luminex Trading & Analytics LLC, except third-party trademarks and service marks, which are the property of their respective owners. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Luminex with the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works;
3. An identification of the allegedly infringing material, and a description of where that material is located on the Luminex Site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner.
Luminex’s Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: General Counsel, Luminex Trading & Analytics LLC, 21 Custom House Street, Suite 100, Boston, MA 02110
By email: [email protected]
PARTY CONTENT AND SITES
The Luminex Site may include general news and information, commentary, interactive tools, quotes, research reports, and data concerning the financial markets, securities, and other subjects. Some of this content is supplied by companies that are not affiliated with any Luminex entity or other service providers (collectively, “Third Party Content”). Most Third Party Content is available through framed areas or through hyperlinks to third-party websites. The Third Party Content is protected by copyright pursuant to United States laws and international treaties and is owned or licensed by the Third Party Content provider(s) credited.
Luminex has not been involved in the preparation, adoption, or editing of Third Party Content and does not explicitly or implicitly endorse or approve such content. The Third Party Content providers do not implicitly or explicitly endorse or approve the Third Party Content, nor do they give investment advice, or advocate the purchase or sale of any security or investment.
The Luminex Site may allow you to input data about yourself or your clients (“User Input Data”). Luminex is not responsible or liable for any User Input Data or any information or results derived from its use. Although Third Party Content may be framed-in on the Luminex Site or available through a link to a third-party site, Luminex does not prepare, edit, or endorse Third Party Content. Luminex, therefore, does not guarantee its accuracy, timeliness, completeness, or usefulness, and is not responsible or liable for any content, advertising, products, or other materials on or available from third-party sites. Third-party content is provided for informational purposes only. You will use Third Party Content only at your own risk.
THE THIRD-PARTY CONTENT IS PROVIDED ON AN “AS-IS” BASIS. THE THIRD-PARTY CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE THIRD PARTY CONTENT PROVIDERS AND THEIR PARENTS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, OR EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TIMELINESS OF CONTENT
All content on the Luminex Site is presented only as of the date published or indicated and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
PROHIBITED USES
Because all servers have limited capacity and are used by many people, do not use the Luminex Site in any manner that could damage or overburden any Luminex server, or any network connected to any Luminex server. Do not use the Luminex Site in any manner that would interfere with any other party’s use of the Luminex Site.
MEANS OF ACCESS
The Luminex Site is generally intended to be viewed by a conventional web browser with a current standard screen resolution. Although you may use other means to access the Luminex Site, be aware that the Luminex Site may not appear accurately through other access methods, and you use them only at your own risk. There may be times when access to some of Luminex’s online services may not be available. During these times, you may contact Luminex through other channels (e.g., phone or email).
You should not access the Luminex Site through devices or services that are designed to provide high-speed, automated, repeated access unless such devices are approved or made available by Luminex.
Certain parts of the Luminex Site are protected by passwords or require a login. You may not obtain or attempt to obtain unauthorized access to such parts of the Luminex Site, or to any other protected materials or information, through any means not intentionally made available by Luminex for your specific use.
PASSWORD SECURITY AND NOTIFICATION
If you have user login credentials for access to non-public areas of the Luminex Site, you are solely responsible for all activities that occur in connection with your login credentials. Accordingly, you should take steps to protect the confidentiality of your login credentials. Notify Luminex immediately if you become aware of any disclosure, loss, theft, or unauthorized use of your login credentials.
DISCLAIMER OF WARRANTIES
• LUMINEX DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE LUMINEX SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
• THE LUMINEX SITE IS MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND LUMINEX DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.
• LUMINEX DOES NOT WARRANT THAT THE LUMINEX SITE WILL MEET YOUR NEEDS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. LUMINEX ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE LUMINEX SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE LUMINEX SITE WILL MEET YOUR EXPECTATIONS. THIS PROVISION MAY NOT APPLY TO PARTICIPANTS IN CERTAIN EMPLOYER-SPONSORED WORKPLACE SAVINGS PLANS.
LIMITATION OF LIABILITY
• LUMINEX WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE LUMINEX SITE AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). THIS IS TRUE EVEN IF LUMINEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
• LUMINEX WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH LUMINEX DOES NOT HAVE DIRECT CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE, AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACTS OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.
• IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
As a condition of your use of the Luminex Site, you agree to indemnify and hold Luminex, its affiliates, shareholders, employees, advisors, and its Third Party Content providers harmless from and against any and all claims, losses, liability, costs, and expenses (including but not limited to attorneys’ fees) arising from your use of the Luminex Site, or from your violation of these Terms. This provision may not apply to participants in certain employer-sponsored workplace savings plans.
CHANGES TO LUMINEX SITE
Unless otherwise agreed, Luminex may suspend, discontinue, or modify the Luminex Site at any time without prior notice to you, and you accept those modifications if you continue to use the Luminex Site.
TERMINATION
Luminex may terminate your access to the Luminex Site for any reason, without prior notice.
GOVERNING LAW
Unless otherwise agreed, these Terms and their enforcement are governed by the laws of the Commonwealth of Massachusetts, without regard to conflicts of law, and shall inure to the benefit of Luminex’s successors and assigns, whether by merger, consolidation, or otherwise. This provision may not apply to participants in certain employer-sponsored workplace savings plans.
SEVERABILITY
If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.