Terms and Conditions

THIS "TERMS OF USE AGREEMENT" DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES. PLEASE READ IT CAREFULLY BEFORE USING THIS.

ICAP Plc’s Terms of Use Agreement

Last revised: September 17, 2004

This site (the "Site") is made available for your use by ICAP Plc and its affiliates ("ICAP") under the terms and subject to the conditions set forth in this agreement (the "Agreement"), unless, as an authorized user of ICAP’s electronic trading networks, you already have entered into a separate agreement with ICAP. BY CONTINUING TO USE THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT BETWEEN YOU AND ICAP. IF YOU DO NOT AGREE, ICAP 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. It is your responsibility to review this Agreement periodically. ICAP reserves the right to modify this Agreement from time to time without notice and in its sole discretion, and your continued use of the Site after any modifications shall constitute your acceptance of such modifications.

Scope of Use. The information provided on the Site is provided by ICAP and its third party information providers ("Information Providers") for general informational purposes only. Data provided on the Site may be delayed as determined by ICAP in its sole discretion. 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 ICAP, nor to use the information available on the Site for any unlawful purpose. You agree to access the information available on the Site manually by request and not programmatically by macro or other automated means, and to view the information only as displayed on your terminal screen and not attempt to upload, intercept, extract or otherwise collect and/or record the information through any technological means.

Copyright and Intellectual Property Right Ownership. The Site and all content and information thereon contain material owned by ICAP Plc, its affiliates and its Information Providers and protected under copyright laws and other intellectual property laws. ICAP, its affiliates and its Information Providers own the copyright to all information, data and works of authorship on the Site. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos ICAP and of their respective owners. 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 content and information on the Site, and that all title, right and interest therein and thereto remain with ICAP (and its affiliates and its Information Providers, as may be applicable).

Disclaimer of Warranties. NO INFORMATION ON THE SITE IS INTENDED (i) AS INVESTMENT, TAX, ACCOUNTING OR LEGAL ADVICE, (ii) AS AN OFFER OR SOLICITATION OF AN OFFER TO SELL OR BUY, OR (iii) AS AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY SECURITY. 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, ICAP, ITS AFFILIATES, AND ITS AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, INFORMATION PROVidERS, SUPPLIERS, AND AGENTS (COLLECTIVELY, THE "ICAP PARTIES") HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL 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.

Disclaimer and Limitation of Liability. NO ICAP PARTY SHALL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCidENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (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), UNDER ANY CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR OTHER LEGAL THEORY, ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT OR INFORMATION CONTAINED ON THE SITE OR YOUR USE OF, OR INABILITY TO USE, THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT 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 ICAP TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) AT ANY TIME SHALL BE THE AGGREGATE CUMULATIVE AMOUNT PAid BY YOU TO ICAP AT SUCH TIME, IF ANY, TO ACCESS THE SITE.

Jurisdictional Issues. The Site is solely to be used by individuals residing in the United States and the European Union. We make no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access the Sites from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. ICAP 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 other Internet websites or resources. ICAP neither controls nor endorses any such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, timeliness, accuracy, completeness or appropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of, inability to use, or reliance on, any such content.

Privacy. Our policy with respect to the collection and use of your personal information is set forth in our Privacy Policy.

Termination. This Agreement, as amended by ICAP from time to time in accordance with its terms, shall remain effective indefinitely until terminated by ICAP. ICAP 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.

Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, United States of America. You and ICAP agree to the personal jurisdiction of the federal and state courts located in New York County, New York, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement shall not be assignable or transferable by you except with ICAP’s prior written consent. No waiver by either party of any breach, default or condition hereunder shall be deemed to be a waiver of any other preceding or subsequent breach, default or condition. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This Agreement, together with all ICAP policies referred to herein, constitutes the entire agreement between you and ICAP relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral agreements.