AIREX™ Markets

Legal / Terms of Use

Airex, Inc.

PLEASE READ ALL OF THE FOLLOWING TERMS OF USE (“TERMS”) FOR THIS WEBSITE BEFORE USING IT. BY CONTINUING TO ACCESS OR USE THE MARKETS (AS DEFINED BELOW), YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF AND AGREEMENT TO THESE TERMS. Airex, Inc., a Delaware corporation (and any individual, corporation, company, partnership, limited partnership, limited liability company, trust, association or other entity that, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control therewith, as applicable, “Airex”) may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by notices or terms located on particular locations in the Markets. Unless expressly specified otherwise in a separate written agreement with Airex, the term “you” refers to the individual natural person accessing and using the Markets pursuant to these Terms. You agree that you will be the sole user of the Markets and will not share your user name or password with any other person or entity unless otherwise permitted by specific Terms.

SERVICES AND PERMITTED USE

So long as you comply with and have accepted these Terms and paid the applicable fees, if any, you may use the www.airexmarket.com site and other sites and the content and servers running on networks operated by Airex (the "Markets") for the purposes of accessing Information and Services (collectively, “Products”), which Airex makes available upon condition of your strict compliance with these Terms. Single copies of Information available on the Markets may be downloaded for non-commercial, personal use subject to these Terms and provided that you also retain all copyright and other proprietary notices contained on the Information. By accessing the Markets or by downloading or using any Products from the Markets, you agree to these Terms. If you do not agree to these Terms, do not access the Markets or download or use any Products from it. For purposes of these Terms, “Information” means data, text, content, materials, expression, graphics, images, page layouts, forms, sounds, audio, links and other forms of information, and “Services” means information services, data services and other services. If you are accessing the Markets or Products as an employee or agent of another person or entity, you hereby certify that you are authorized to bind such person or entity to these Terms and that such person or entity shall be bound by these Terms and shall abide hereby.

SUBSCRIPTION TERMS

Certain subscribers are permitted to access certain subscriber-only Products subject to these Terms and other terms and conditions described on the specific pages of the Markets pertaining to such Products. Such other terms and conditions are included in and form a part of these Terms. Some of these additional terms and conditions restrict the eligibility of certain persons or entities to access and receive such Products. You hereby certify that you are eligible, individually, and with respect to any person or entity of whom or which you are employed or acting as agent to access and receive any Products to which you subscribe. If you have any question about eligibility to access or receive Products, please send an email to contracts@airexmarket.com.

TRADEMARK INFORMATION

AIREX, AIREX Markets, Financial AIR, the Airex logo and any other Airex proprietary marks are the trademarks, service marks, trade names or other property of Airex. All other unregistered and registered trademarks are the property of their respective owners.

COPYRIGHT NOTICE

Copyright © 2015 Airex, Inc. All rights reserved.

PROPRIETARY RIGHTS

You acknowledge that Airex and/or Third Party Sellers (as defined below) have proprietary rights in and to the Products made available on the Markets, which are protected by the copyright and other laws of the United States and other foreign jurisdictions. No use of the Markets or Products is permitted other than as is expressly set forth in these Terms. You may not, for example, republish any Information obtained by or through the Markets on any Internet, Intranet or Extranet site or incorporate any such Information in any database, compilation, archive or cache. You may not, in any form or by any means whatsoever: (a) re-distribute any of such Products to others, whether or not for payment or other consideration; or (b) modify, alter, copy, frame, reproduce, time-share, sell, publish, transmit, display or otherwise use any portion of such Products without the written consent of Airex. To obtain reproduction consent, send an e-mail to marketing@airexmarket.com. You also agree to honor and comply with all reasonable written requests by Airex to protect Airex’s and Third Party Sellers’ contractual, statutory and common law rights in the Products. Without limiting the foregoing, you agree to not remove, modify or alter any trademarks, copyright notices, other indicators of source, or any other disclaimers or notices embedded in, or appearing from time to time on, the Products.

USER NAME AND PASSWORD

You agree to take all reasonable steps to protect the Markets from unauthorized access or use. Upon registering, you will choose a user name and password that will permit you to access the Markets. You agree that you will be the sole user of the Markets and will not share your user name or password with any other person or entity unless otherwise permitted by specific Terms. Your user name and password are subject to cancellation or suspension by Airex, including upon your misuse of the user name or password in any way. You agree that you will use your best efforts to prevent any third party from obtaining your user name and password, and you will inform Airex immediately of any actual or potential unauthorized access to a user name and password or to the Markets.

USE RESTRICTIONS

You may not, and you agree not to, use any Product or any data, text, content, materials, expression and other forms of information or service that is the output of any calculation or analysis performed by you using any such Product (“Resultant Data”): for any Illegal purpose; in any manner that is inconsistent with these Terms; for any purpose independent of the services under which Airex makes such Products available (including, without limitation, for the purposes of creating, or including the Information in, an internal database); other than for your own internal purposes; or in any way that competes or could compete with Airex or any Third Party Seller. You agree to comply with all applicable laws, rules and regulations in accessing and using the Products available on the Markets and any Resultant Data.

You may not, and you agree not to: distribute, publish, copy, broadcast, reproduce or otherwise make available to any third party (including, without limitation, any other Airex customers, competitors of Airex, Third Party Sellers and/or their affiliates) Products made available on the Markets or any Resultant Data, except that you may provide such Products or Resultant Data to regulators to the extent required for regulatory or compliance with law purposes; store any Products or Resultant Data in databases for access by any third party; or distribute any database services containing all or part of such Products or Resultant Data to any third party. Furthermore, you agree to notify Airex upon becoming aware of any unauthorized access to or use of such Products and Resultant Data.

ACCESS/LINKS/FRAMES

You may not frame or utilize framing techniques that involve any Products or the Markets without our express written consent. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Markets; not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Markets; not to take any action that imposes an unreasonable or disproportionately large load on the Markets infrastructure; and not to use any data mining, robot, spider, crawler, cancelbots, Trojan horse, or any data gathering or extraction method or manual process to facilitate the misuse of the Markets. Airex reserves the right to adjust any Markets mechanism to disable your electronic requests or to cease making Products available to you in order to protect the integrity of the Markets where their operation might be affected by making such Products available to you hereunder.

NO DUTY TO UPDATE

The Information provided on the Markets speaks only as of the earlier of the respective dates on which the Information was first created or the dates specified in such Information. This Information may already be or may become out-of-date. For example, the availability of some Information may be delayed in accordance with applicable exchange rules, restrictions and regulations. Airex makes no commitment, and disclaims any duty, to update any such Information.

USER SUBMISSIONS

Any Information or other communication, including, without limitation, questions, comments, suggestions or the like that you transmit or post to the public forum and other parts of the Markets other than your own account (collectively, the "User Submissions") will be considered non-confidential and non-proprietary. Airex will have no obligations in connection with any such User Submissions. Without limiting the foregoing, Airex may restrict or delete any User Submission at any time and for any reason. By submitting any User Submission, you agree to be bound by these Terms.

Airex does not claim ownership of any Information submitted by you. However, by posting User Submissions, you grant Airex a worldwide, royalty-free, perpetual, non-exclusive and fully transferable and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display User Submissions you post, in whole or in part, throughout the world.

You are prohibited from posting or transmitting to the Markets any User Submissions that are unlawful, threatening, libelous, defamatory, obscene or pornographic or that would otherwise violate any law. In addition, you are prohibited from posting or transmitting any Information that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability. Airex hereby notifies you that it will cooperate fully with any law enforcement authorities or court order requesting or directing Airex to disclose the identity of or help identify or locate anyone posting any such Information.

Due to the real-time nature of the public forums and other areas of the Markets that are available to third parties, it is impossible for Airex to review all messages or confirm the validity of all information posted. Please note that Airex may or may not actively monitor the contents of posted messages and are not responsible for the content of any messages posted. In no instance does Airex endorse content or claims contained in the posted messages.

Airex does not make investment recommendations. Information posted by subscribers should not be used as a substitute for independent research, and should not be relied on to trade or make investment decisions.

USE OF PERSONALLY IDENTIFIABLE INFORMATION

You agree that Airex may use your name and logo on the Markets and in its marketing materials to identify you as a customer of Airex. If you do not wish Airex to use your name on the Markets or in its marketing materials, please send an e-mail to marketing@airexmarket.com. Other use of personally identifiable Information submitted to Airex on the Markets is governed according to Airex's Online Privacy Policy.

THIRD PARTY SELLERS AND LINKS TO OTHER SOURCES

Unless Products are expressly indicated as being provided solely by Airex, Products made available through the Markets are provided by third-party providers and their affiliates (“Third Party Sellers”). Such Products and any third party site or service linked to the Markets (“Linked Site”) through which Products may be provided (“Third Party Sources”) are not under the control of Airex. Airex and Market Partners are not responsible for Third Party Sources, including, without limitation, the truthfulness or accuracy of any statement or other Information, or the performance, of any Third Party Source Service or any link contained in a Linked Site. You agree to hold Airex and Market Partners harmless from and against any and all Claims and Losses (as defined below) arising out or in connection with any Linked Site. Airex reserves the right to terminate any link or linking program or the provision of any Third Party Source at any time. Airex and Market Partners have not reviewed all the Products contained in the Third Party Sources and do not endorse any Third Party Source or the Products or the companies, products or sites included therein or linked thereto. If you decide to access any Third Party Source, you do this entirely at your own risk. If you choose to access a Third Party Source: you agree to comply with all terms and conditions, restrictions and requirements regarding use, display, distribution or otherwise imposed by the Third Party Seller that makes such Third Party Source available (as such restrictions and requirements may change from time to time) with respect to such Third Party Source; you may be required to enter into a separate agreement with such Third Party Seller to access such Third Party Source, use Products obtained through such Third Party Source in applications, and/or create and/or distribute Resultant Data using such Products; and you may be required to provide Airex or such Third Party Seller with reports on your use of such Products. You also consent to the disclosure of information concerning your use of such Third Party Source to Airex and to such Third Party Sellers. Third Party Sellers may have the right to audit your use of such Third Party Sources and the Resultant Data and to require you to demonstrate to their satisfaction that you are in full compliance with the Terms and their respective terms and conditions. You shall allow Third Party Sellers to access any of your premises, computers (including, but not limited to, hardware, software and network services) and personnel at all reasonable times for the purpose of such audits. Upon the request of a Third Party Seller, you shall make a management employee available to assist such Third Party Seller in conducting such audits. Upon the request of a Third Party Seller, you shall once a year and upon termination of your right to access the Markets and the Third Party Source available thereon provide to such Third Party Seller a certificate signed by your external or internal auditors or such other authorized person acceptable to such Third Party Seller confirming that you are in compliance with these Terms. You agree that if as a result of an audit, you are shown to be using the Third Party Source or the Resultant Data in a manner not specifically authorized by the Terms, Airex or a Third Party Seller shall have the right to terminate your use of the Third Party Source and Resultant Data and to pursue any and all remedies in respect of such breach.

Third Party Sellers and their distributors shall have no liability or responsibility to you relating to your receipt or use of the Third Party Sources, Resultant Data or services made available to you by Airex.

All Third Party Sellers and the owners, operators and licensors of any Linked Site and each of their respective employees, officers, directors, other agents, are hereby designated as third-party beneficiaries of the covenants and obligations made by you under these Terms, and these Terms, including without limitation the disclaimers made by and limitations applicable to Airex under these Terms, shall inure to the benefit of all Third Party Sellers.

MARKET PARTNERS

Airex partners with third parties (“Market Partners”) to make Products and Third Party Sources available through customized Markets linked to the Linked Sites and may be branded with the brands of such Market Partners (“Market Partner Sites”). Such Market Partner Sites are made available by The AIREX™ Market, an independent, online marketplace for financially actionable apps, information, and reports (Financial AIR™) from a global list of sellers. Your access to or use of any Market Partner Site is subject to all of the Terms that apply to your access to or use of the Markets. You agree to hold Airex and Market Partners harmless from and against any and all Claims and Losses (as defined below) arising out of or in connection with your access to or use of any Market Partner Site.

Market Partners shall have no liability or responsibility to you relating to your receipt or use of the Third Party Sources, Resultant Data or services made available to you by Airex. Market Partners and their employees, officers, directors, other agents are hereby designated as third-party beneficiaries of the covenants and obligations made by you under these Terms, and these Terms, including without limitation the disclaimers made by and limitations applicable to Airex under these Terms, shall inure to the benefit of all Market Partners.

Market Partners are independent third parties and neither Airex nor any Market Partner is an agent, representative, fiduciary or legal partner of the other.

TERMINATION OF YOUR RIGHT TO ACCESS THE MARKETS AND PRODUCTS

Your right to access the Markets and Products shall be effective from the latter of the date you agree to these Terms and the date Airex receives the applicable fees for such access (“Effective Date”) through the end of the term for which you have paid such fees (the “Term”) unless earlier terminated in accordance with these Terms. Airex may terminate and/or suspend your right to access the Markets and Products available thereon at any time immediately upon written notice to you in the event of a breach by you of these Terms and at any time if you experience a Transfer of Control (as defined herein). Furthermore, Airex shall be entitled to injunctive relief in the event of a breach or threatened breach by you of any of these Terms and may pursue other additional remedies. In the event that Airex prevails in legal action against you, Airex shall be entitled to recover from you all reasonable costs, expenses and attorneys’ fees incurred in connection therewith. For the purposes of these Terms, a “Transfer of Control” shall be deemed to have occurred if the entity (or entities) that directly or indirectly own(s) the controlling interest in or control(s) you, as of the Effective Date, no longer own(s) the controlling interest in, or otherwise control(s) you, as applicable, whether such Transfer of Control occurs by merger, acquisition, corporate restructuring or otherwise. You must notify Airex in writing within five days of the occurrence of a Transfer of Control. Additionally, you understand that contributors to the Products available on the Markets may choose at any time to inhibit or prohibit their Products from being accessed under these Terms.

Upon termination of your right to access the Markets and the Products available thereon, you shall cease use of the Markets and such Products and delete or purge any such Products, including any copies thereof, from any software, hardware or other electronic equipment or services you used in connection with such Products. You shall provide Airex with evidence satisfactory to Airex of all such deletions, purges and cessation of use. Notwithstanding the foregoing, you shall not be required to delete, purge or cease permitted use of Resultant Data (provided that any such use is in accordance with these Terms), and you may store or archive such Products only as necessary to comply with internal audit and regulatory requirements, provided you do not otherwise use such Products.

APPLICABLE LAWS

The Markets are controlled by Airex from its offices located in the State of New York within the United States of America. Airex does not make any representation or warranty that Products available on the Markets are appropriate or available for use in any particular location or for any purpose. Access to Products from territories where such Products are illegal is prohibited. While the Markets may be viewed internationally, Products available on the Markets may contain references to products and services not available in all countries, and such references do not imply that Airex intends to make such products or services available in such countries. You may neither use nor export or re-export the Products available on the Markets, nor may you use any copy or adaptation of such Products, in each case, in violation of any applicable laws or regulations, including, without limitation, United States export laws and regulations.

By accessing or using the Products available on the Markets, you represent, warrant and covenant that you are not: located in or a national or resident of or the government of any country that is subject to U.S. trade sanctions or is on any U.S. Prohibited Party List (as defined below) or acting on behalf of or owned or controlled by any person or entity on any such list; or on, acting on behalf of or owned or controlled by an entity on the Specially Designated Nationals and Blocked Persons list maintained by the U.S. Treasury Department’s Office of Foreign Assets Control or the U.S. Commerce Department’s Denied Persons List or Entities List; or using the Products or Resultant Data for any purpose that would be prohibited under U.S. law, including without limitation, nuclear, chemical or biological weapons proliferation. You also agree not to export, distribute, redistribute or otherwise transfer or make available any Products or Resultant Data to any such person, entity or government. For purposes hereof, “U.S. Prohibited Party List” means as of the current date: the Balkans, Burma (Myanmar), Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, Zimbabwe or any other country with respect to which the United States maintains trade sanctions prohibiting the shipment or provision of services, goods, technology or software. Such list may be updated from time to time.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

The Products available on the Markets are informational in nature and should not be construed as a solicitation, offer, opinion, or recommendation by Airex or of any Third Party Seller or Market Partner to buy, sell, hold or enter into any transaction involving any specific interest or interests in, any security or investment or other strategy. Neither Airex nor any Third Party Seller nor any Market Partner expresses an opinion regarding the profitability or suitability of any security or investment or the future or expected value of any security or other interest or explicitly or implicitly recommends or suggests any investment strategy of any kind. No aspect of the Markets or the Products made available thereon is based on the consideration of your individual circumstances. Products made available through the Markets should not be relied upon as a sufficient basis for any investment decision may by you or anyone else.

No aspect of the Markets or of any Product made available thereon should be viewed or relied upon as investment advice or as legal, tax or accounting advice.

PRODUCTS ACCESSIBLE ON THE MARKETS ARE PROVIDED "AS IS," WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. APPLICABLE LAW MAY NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, AND, ACCORDINGLY, THE FOREGOING MAY NOT APPLY TO YOU.

The Products include information taken from stock exchanges and other sources from around the world which are not controlled by Airex. This Information has been obtained from sources Airex believes to be reliable; however, neither Airex nor any Third Party Seller nor any Market Partner warrants (either impliedly or expressly) or guarantees the accuracy, completeness or timeliness of the Products or the results to be obtained from the use thereof. Neither Airex nor any Third Party Seller nor any Market Partner shall be responsible for any error or omission in the Products or for any failures or delays in providing the Products or for any loss or use thereof, however caused.

The Markets and the Products provided on or through the Markets are subject to change without notice. Airex or any Third Party Seller may make changes to any or all of such Products at any time without notice.

Neither Airex nor any Third Party Seller nor any Market Partner assumes any responsibility, or shall be liable, for any damages to, or viruses that may infect, your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Markets or your downloading of any Products from the Markets, or for the reliability or continued availability of the communication lines and equipment used by you in accessing the Markets and the Products available thereon.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL AIREX, THIRD PARTY SELLERS, MARKET PARTNERS OR ANY OF THEIR RESPECTIVE, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS OR ASSIGNS BE LIABLE FOR: (a) ANY LOSS OR INJURY ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON PRODUCTS MADE AVAILABLE THROUGH THE MARKETS; (b) ANY LOSS OR INJURY ARISING FROM USE OF OR INABILITY TO USE THE MARKETS OR ANY LINKED SITES OR PRODUCTS THEREON; (c) EVENTS OF FORCE MAJEURE OR ANY OTHER CAUSE BEYOND ITS REASONABLE CONTROL; or (d) DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES, DAMAGES RESULTING FROM INCONVENIENCE OR LOSS OF USE OF THE MARKETS OR PRODUCTS, EVEN IF IT HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND, ACCORDINGLY, THE FOREGOING MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AIREX'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE MARKETS DURING THE THREE CALENDAR MONTHS IMMEDIATELY PRECEDING THE ALLEGED INJURY OR DAMAGE, AND THIS SHALL BE YOUR EXCLUSIVE REMEDY.

You shall indemnify and hold harmless Airex, Third Party Sellers and Market Partners and each of their respective agents, directors, officers, employees, representatives, successors and assigns, and at your expense defend them against any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, judgments, settlements and expenses of whatever nature, whether incurred by or issued against an indemnified party or a third party, including, without limitation, (a) indirect, special, punitive, consequential or incidental loss of damage (including, but not limited to trading losses, loss of anticipated profits, loss by reason of shutdown in operation or increased expenses of operation or other indirect loss or damage), even had Airex or Third Party Sellers or Market Partners, as applicable, been advised of their possibility and (b) administrative costs, investigatory costs, litigation costs and auditors’ and attorneys’ fees and disbursements (collectively “Claims and Losses”) imposed on, incurred by or asserted as a result of or relating to your use of the Markets and any Products made available thereon and all Resultant Data or your noncompliance with these Terms. Neither Airex nor any Third Party Sellers or any Market Partner shall be liable for any default resulting from force majeure, which shall be deemed to include any circumstances beyond the reasonable control of the party or parties affected. No action, regardless of form, arising out of or pertaining to the Markets and any Products made available thereon may be brought by you more than one (1) year after the cause of action has accrued. Airex and Third Party Sellers and Market Partners shall not be liable, and you shall indemnify and hold them harmless, for any Claims or Losses against you by a third party, including but not limited to those arising from, involving or relating to a claim of infringement or other violation of an intellectual property right by you, your actions or omissions, equipment or other property.

OTHER TERMS AND CONDITIONS

You shall not assign your right to access or use the Markets or Products under these Terms without Airex’s express written consent. Airex shall have the right to assign these Terms or its rights in connection herewith to any affiliate or in connection with any merger, acquisition, corporate restructuring or otherwise. Any assignment in violation of this paragraph is null and void. These Terms, together with the requirements for accessing and using the Products set forth on the Markets or required by Third Party Sellers, which additional terms and conditions are incorporated herein by reference, constitute the complete and exclusive statement of the agreements between the parties with respect to the subject matter hereof and supersede any oral or written communications or representations or agreements relating thereto. No provision of these Terms which shall be deemed unenforceable shall in any way invalidate any other provisions of these Terms, all of which remain in full force and effect. The headings in this Agreement are intended for convenience of reference and shall not affect its interpretation. These Terms and the legal relations between the parties hereto shall be governed by and construed in accordance with the laws of the State of New York regardless of the laws that might otherwise govern under applicable choice-of-law principles. The parties, and their successors and assigns, agree to submit to the jurisdiction of each of the federal and state courts located in New York, New York, in connection with any matters arising out of or relating to these Terms, and waive any objection to such venue, including forum non conveniens, sovereign immunity, Act of State or analogous doctrines.

SPECIAL TERMS FOR BLOOMBERG SUBSCRIBERS

The following terms and conditions apply to Information provided by Bloomberg or as otherwise designated on the Site (“RIA Information”). By accessing the Site and using any such RIA Information, you affirm, agree, represent and warrant as follows.

Only Registered Investment Advisors that provide investment advice to Retail Investors (“Sophisticated Market Participants”) may access and use the RIA Information. You represent, warrant and certify that you are registered as an investment advisor with the U.S. Securities and Exchange Commission, any state securities regulator or any equivalent non-U.S. regulatory body (“Registered Investment Advisor”) and that you provide investment advice to Retail Investors. “Retail Investors” are non-professional, individual investors that trade securities for their personal accounts and not for, or on behalf of, a company, organization or other institution. Your access to and use of such Information is conditioned upon your representation and warranty that you are a Sophisticated Market Participant. Each time you access or use such RIA Information, you are deemed to represent and warrant that you are a Sophisticated Market Participant.

If you are located in Australia, you further certify that you are a wholesale client within the meaning of s761G or s761GA of the Australian Corporations Act each time Airex makes BVAL Data (as defined below) available to you. “BVAL Data” are evaluated prices for securities or other interests calculated by Bloomberg or its affiliates and related data or information.

Notwithstanding anything to the contrary in these Terms, if you use or access any BSYM identifiers as part of the RIA Information, to the extent of any conflict with these Terms, the terms and conditions available at bsym.bloomberg.com (or any successor website thereto) shall govern your use of such BSYM identifiers.

Upon election by Airex, the Terms and legal relations involving Bloomberg specifically shall be governed by and construed in accordance with the laws of the State of New York regardless of the laws that might otherwise govern under choice-of-law principles. You and your successors and assigns, agree to submit to the jurisdiction of each of the federal and state courts located in New York County, New York in connection with any matters arising out of or relating to these Terms, and waive any objection to such venue, including forum non conveniens, sovereign immunity, Act of State or analogous doctrines.

SPECIAL TERMS FOR THOMSON-REUTERS SUBSCRIBERS

The following terms and conditions apply to Information provided by or through Thomson-Reuters, including without limitation the following (“TR Services”):

  • Global Consensus IBES Estimates (PLI: RKDIBGWM)

  • Global Company Fundamentals Report (incl. Ratios & Summary Financials) (PLI: RKDPSGWM)

  • Lipper International Package (PLI: RKDLAIWM)

By accessing the Site and using any such TR Services, you affirm, agree, represent and warrant as follows.

Copyright © 1999 - 2015 Thomson Reuters. All rights reserved. Thomson Reuters (Markets) LLC (“Thomson Reuters”) and its affiliates are referred to below as “Thomson Reuters”.

Thomson Reuters or its third party providers own and retain all rights, title and interest, including but not limited to copyright, trademarks, patents, database rights, trade secrets, know-how, and all other intellectual property rights or forms of protection of similar nature or having equivalent effect, anywhere in the world, in the TR Services and you are not granted any proprietary interest therein or thereto. The TR Services constitute confidential and trade secrets of Thomson Reuters or its third party providers. Display, performance, reproduction, distribution of, or creation of derivative works or improvements from TR Services in any form or manner is expressly prohibited, except to the extent expressly permitted hereunder, or otherwise, with the prior written permission of Thomson Reuters.

You may use the TR Services for internal purposes only. You may copy, paste and distribute internally only an insubstantial amount of the data contained in the TR Services provided that: (a) the distribution is incidental to or supports your business purpose, (b) the data is not distributed by you in connection with information vending or commercial publishing (in any manner or format whatsoever), not reproduced through the press or mass media or on the Internet, and (c) where practicable, Thomson Reuters or its third party providers is clearly identified as the source of the data. Data will be considered an “insubstantial amount” if such amount (i) has no independent commercial value and (ii) could not be used by the recipient as a substitute for any product or service (including any download service) provided by Thomson Reuters or a substantial part of it.

To the extent that the TR Services contain any third party data referred to in the General Restrictions/Notices page set forth on http://www.thomsonreuters.com/site/3ptyterms/, the terms set forth on such General Restrictions/Notices page shall apply to you.

You acknowledge that access to certain elements of the TR Services may cease or may be made subject to certain conditions by Thomson Reuters or upon the instructions of the third party provider of those elements. Upon termination or expiration of this user license, all rights granted hereunder shall immediately terminate and you shall cease to use the TR Services and delete or destroy all copies thereof in your possession or control.

NEITHER THOMSON REUTERS NOR ITS THIRD PARTY PROVIDERS WARRANT THAT THE PROVISION OF THE TR SERVICES WILL BE UNINTERRUPTED, ERROR FREE, TIMELY, COMPLETE OR ACCURATE, NOR DO THEY MAKE ANY WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SAME. USE OF THE TR SERVICES AND RELIANCE THEREON IS AT YOUR SOLE RISK. NEITHER THOMSON REUTERS NOR ITS THIRD PARTY PROVIDERS WILL IN ANY WAY BE LIABLE TO YOU OR ANY OTHER ENTITY OR PERSON FOR YOUR, OR THEIR INABILITY TO, USE THE TR SERVICES OR FOR ANY INACCURACIES, ERRORS, OMISSIONS, DELAYS, COMPUTER VIRUS OR OTHER INFIRMITY OR CORRUPTION, DAMAGES, CLAIMS, LIABILITIES OR LOSSES, REGARDLESS OF CAUSE, IN OR ARISING FROM THE USE OF THE TR SERVICES. THE TR SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. NO WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INFRINGEMENT OR OTHERWISE IS PROVIDED HEREUNDER.

IN NO EVENT WILL THOMSON REUTERS OR ITS THIRD PARTY PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH TR SERVICES EVEN IF THOMSON REUTERS OR ITS THIRD PARTY PROVIDERS OR THEIR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. FURTHER, THOMSON REUTERS OR ITS PARTY PROVIDERS SHALL NOT BE LIABLE IN ANY MANNER FOR AIREX’S PRODUCTS OR SERVICES.

SPECIAL TERMS FOR S&P SERVICES

The following terms and conditions apply to Information (S&P Services) provided by or through Standard & Poor’s Financial Services LLC, Standard & Poor’s Investment Advisory Services LLC, Capital IQ, Inc. or their affiliated entities (S&P), including without limitation the following: You may access the S&P Services only via a password/user ID issued by Airex. You may provide access to the S&P Services to your employees only for their internal use for business purposes. Neither Airex, S&P, their affiliates nor any third-party licensor shall have any liability for the accuracy or completeness of the information or software furnished through the Site, or for delays, interruptions or omissions therein nor for any lost profits, indirect, special or consequential damages. Neither Airex, S&P, nor their affiliates or third-party licensors have exclusive proprietary rights in any information and software received.

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S&P CIQ MarketScope Advisor. With respect to the foregoing S&P Service:

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S&P CIQ Transcripts. With respect to the foregoing S&P Service:

You are not authorized or permitted to furnish such information or software to any person or firm for reuse or retransmission without prior written approval of the source of such information or software.

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