Terms and Conditions
Materials and information posted on the MARKETWIZARD GMBH Website may be printed for your use, provided, however, that third party exchange data may not be downloaded, printed or redistributed for any purposes whatsoever. Materials and information posted on the MARKETWIZARD GMBH Website may not be duplicated, copied, re-disseminated or re-distributed to any other person or entity. Re-dissemination and re-distribution includes, without limitation, making any such materials and information available via the Internet or via any other electronic means of access.
You understand that neither MARKETWIZARD GMBH nor any other person that supplies information to MARKETWIZARD GMBH for posting on the MARKETWIZARD GMBH Website guarantees the timeliness, accuracy or completeness of any market data, prices or other information. You agree that neither MARKETWIZARD GMBH or MARKETWIZARD nor any third party providers will have any liability to you for any untimely, inaccurate or incomplete information, any failure, interruption or delay in the transmission of any information, or any loss or damage resulting therefrom. The information on the MARKETWIZARD GMBH Website, including research, is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
MARKETWIZARD GMBH or MARKETWIZARD may gather information about your browsing activities on the MARKETWIZARD GMBH Website and may capture, store, use, monitor, track and record information that you enter and the results generated by applications that you use within the MARKETWIZARD GMBH Website. More information on the collection and use of information from the MARKETWIZARD GMBH Website is provided in the Terms and Conditions section of this Agreement.
MARKETWIZARD GMBH or MARKETWIZARD may gather information about you and your personal information with compliance of the Governing Law of Switzerland. Please don’t hesitate to contact us any time, if you have any further questions about our confidentiality or exposure of your data.
Date of Publication. Materials posted on the MARKETWIZARD GMBH Website are published as of their stated date or, if no date is stated, the date of first posting. Neither MARKETWIZARD GMBH or MARKETWIZARD nor any other party has undertaken any duty to update any such information. If the date of publication displayed on the Website is different from the date of the document, the date displayed as part of the document is its official date.
Disclaimers. Information herein has been obtained from sources believed to be reliable, but MARKETWIZARD GMBH or MARKETWIZARD does not warrant its completeness or accuracy. The value of the securities or financial instruments mentioned herein (including the income derived therefrom) may be adversely affected by changes in market prices and exchange rates, the imposition of taxes and other factors. Prices, opinions and estimates reflect our judgment on the date of original publication and are subject to change at any time without notice. Information concerning past performance is not necessarily a guide to future performance.
No Offer. Unless otherwise expressly stated, the materials and information posted here are presented for informational purposes only, and are not an offer or solicitation for the purchase or sale of any securities or financial instruments or to provide any investment service or investment advice or any other transactions whatsoever. Securities offered outside the U.S. in reliance on Regulation S under the U.S. Securities Act of 1933, as amended, are not offered or available to U.S. persons (as defined in Regulation S). Any quotes that are provided on any portion of the Website are provided for indicative purposes only and may not be relied upon for trading purposes. MARKETWIZARD GMBH or MARKETWIZARD is not responsible for any acts that you take in reliance upon any quotes posted on the MARKETWIZARD GMBH Website or on any site under the Trading tab thereof, unless expressly stated otherwise.
Suitability and Appropriateness. Securities or financial instruments mentioned in the Website may not be suitable or appropriate for all investors or in all geographical areas. Client's particular needs, investment objectives and financial situation were not taken into account in the preparation of this Website and the materials contained herein. Client must make its own independent decisions regarding any securities or financial instruments mentioned herein. The fact that MARKETWIZARD GMBH or MARKETWIZARD has made available to you through the Website, investment opinions, trading strategies, and other information constitutes neither a recommendation that Client enter into a particular transaction nor a representation that any financial instrument is suitable or appropriate for Client. You should consider whether an investment strategy or the purchase or sale of any product is appropriate for the Client in the light of Client's particular investment needs, objectives and financial circumstances.
MARKETWIZARD GMBH or MARKETWIZARD may capture, store, use, monitor, track and record information that you enter and the results generated by applications that you use within the MARKETWIZARD GMBH Website for its legitimate business purposes, including customer service and marketing activities. MARKETWIZARD GMBH or MARKETWIZARD uses cookies and other methods to accomplish this. Anyone using this Website expressly consents to such capture, storing, use, monitoring, tracking and recording. MARKETWIZARD GMBH owns all right, title and interest in the aggregated data reflecting Client's interactions with the Website (including, but not limited to, general usage data and transaction data) and may use, distribute, license and sell such data; provided that MARKETWIZARD GMBH or MARKETWIZARD does not disclose to others that Client or its clients are the source of such data or the details of individual transactions arising from use of the Website, subject to any regulatory or legal requirements and except as otherwise permitted herein.
MARKETWIZARD GMBH or MARKETWIZARD uses cookies for your security, for statistical and evaluation purposes including tracking when and which pages of the MARKETWIZARD GMBH Website you visit and what information users are interested in accessing.
On the MARKETWIZARD GMBH Website, MARKETWIZARD GMBH or MARKETWIZARD primarily uses two types of cookies. MARKETWIZARD GMBH or MARKETWIZARD uses session cookies, for example, to maintain security on the MARKETWIZARD GMBH Website and to eliminate the need for you to input the same information repeatedly on multiple pages of the Website. MARKETWIZARD GMBH or MARKETWIZARD uses persistent cookies to track browsing habits of visitors to the MARKETWIZARD GMBH Website. Persistent cookies may gather information that includes the date and time of visit, pages viewed, time spent on the Website and the website visited just before and just after entering the MARKETWIZARD GMBH Website. You can disable cookies by changing your internet software browser settings. You also may be able to change your software browser settings to accept specific cookies. If you disable the cookies, you may not be able to access all features of the MARKETWIZARD GMBH Website or another website.
Trademark Notices. "MARKETWIZARD GMBH or MARKETWIZARD" and the "MARKETWIZARD Symbol" are registered trademarks of MARKETWIZARD GMBH. Other featured words or symbols used to identify the source of goods and services are the trademarks of MARKETWIZARD GMBH or their respective owners.
Website Content and Materials. Not all products and services are available for all institutions or in all geographic areas. Your eligibility for particular products and services is subject to final MARKETWIZARD GMBH or MARKETWIZARD determination and acceptance.
MARKETWIZARD GMBH OR MARKETWIZARD OR ITS SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME. MARKETWIZARD GMBH OR MARKETWIZARD RESERVES THE RIGHT TO TERMINATE ANY OR ALL WEB TRANSMISSIONS WITHOUT PRIOR NOTICE TO THE USER.
Disclaimer of Advice. Except as otherwise expressly stated, the MARKETWIZARD GMBH Website does not purport to provide any financial, investment, tax, accounting or legal advice. Unless MARKETWIZARD GMBH or MARKETWIZARD has expressly agreed in writing to act as advisor with respect to a particular transaction pursuant to terms and conditions specifying the nature and scope of its advisory relationship, MARKETWIZARD GMBH or MARKETWIZARD is acting in the capacity of an arm's length contractual counterparty or agent to you in connection with any transaction that MARKETWIZARD GMBH or MARKETWIZARD enters into with you, not as a financial advisor or a fiduciary.
Links to Other Sites. Links to non-MARKETWIZARD GMBH or non-MARKETWIZARD websites are provided solely as pointers to information on topics that may be useful to users of the MARKETWIZARD GMBH Website, and MARKETWIZARD GMBH or MARKETWIZARD has no control over the content on such non-MARKETWIZARD GMBH or non-MARKETWIZARD websites. If you choose to link to a website not controlled by MARKETWIZARD GMBH or MARKETWIZARD, MARKETWIZARD GMBH or MARKETWIZARD has no liability and makes no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor does MARKETWIZARD GMBH or MARKETWIZARD warrant that such site or content is free from any claims of copyright, trademark, patent or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. MARKETWIZARD GMBH or MARKETWIZARD does not guarantee the authenticity of documents on the Internet. Links to non-MARKETWIZARD GMBH or MARKETWIZARD sites do not imply any endorsement or adoption of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such sites.
Notice of Potential Disruption of Service. Access to the MARKETWIZARD GMBH Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:
a) hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
b) software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
b1) overload of system capacities;
b2) damage caused by severe weather, earthquakes, wars, insurrection, acts of terrorism, riots, civil commotion, acts of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
b3) interruption (whether partial or total) of power supplies or other utility of service;
b4) strike or other stoppage (whether partial or total) of labor;
b5) governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
b6) any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of MARKETWIZARD GMBH or MARKETWIZARD.
LIMITATION OF LIABILITY. BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, MARKETWIZARD GMBH OR MARKETWIZARD AND THIRD PARTY DATA PROVIDERS ARE NOT RESPONSIBLE FOR ANY ERRORS IN OR OMISSIONS FROM THE INFORMATION CONTAINED IN OR ACCESSED THROUGH THE MARKETWIZARD GMBH WEBSITE (INCLUDING ALL INFORMATION, TOOLS AND MATERIALS CONTAINED ON THE WEBSITE). ALL SUCH INFORMATION IS PROVIDED "AS IS" AND "AS AVAILABLE" TO THE USER WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHERMORE, MARKETWIZARD GMBH OR MARKETWIZARD WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS OR HARMFUL CODE OR OTHER DEFECT IN THIS WEBSITE, ANY INCOMPATIBILITY BETWEEN THE MARKETWIZARD GMBH WEBSITE AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND MARKETWIZARD GMBH OR MARKETWIZARD'S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
EXCEPT AS MAY BE OTHERWISE EXPRESSLY PROVIDED BY WRITTEN AGREEMENT BETWEEN MARKETWIZARD GMBH OR MARKETWIZARD AND THE USER, MARKETWIZARD GMBH OR MARKETWIZARD WILL HAVE NO TORT, CONTRACT OR ANY OTHER LIABILITY TO THE USER OR ANY THIRD PARTY ARISING IN CONNECTION WITH THE USE OF THE MARKETWIZARD GMBH WEBSITE, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED AT THIS WEBSITE. MARKETWIZARD GMBH OR MARKETWIZARD WILL UNDER NO CIRCUMSTANCES BE LIABLE TO THE USER OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, FOR ANY LOST PROFITS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF MARKETWIZARD GMBH OR MARKETWIZARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law. The user's access to and use of the MARKETWIZARD GMBH Website, the Terms and Conditions and any legal relationships with MARKETWIZARD GMBH are governed by the laws of Switzerland. The court of jurisdiction is Schwyz.
Nothing in this Governing Law provision precludes any party from bringing Legal Proceedings in any other jurisdiction nor will the bringing of Legal Proceedings in any one or more jurisdictions preclude the bring of Legal Proceedings in any other jurisdiction.
Certain sections or pages on the Website may contain separate terms and conditions or disclaimers, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions or disclaimers will govern for those sections or pages.
In the event any of the terms or provisions of this Terms and Conditions or of the Access Agreement shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision.
You shall indemnify MARKETWIZARD GMBH or MARKETWIZARD and hold it harmless against any and all liabilities, losses, damages, claims, costs and expenses, including, without limitation, reasonable fees and disbursements of counsel, incurred by or asserted against MARKETWIZARD GMBH or MARKETWIZARD arising out of any claim that you have breached any of the representations, warranties, or undertakings set forth herein or any of such representations or warranties being incorrect or misleading or that you have confirmed a Covered Transaction that was not authorized by or suitable for the relevant Principal.
The copyright of the MARKETWIZARD GMBH Website holds MARKETWIZARD GMBH in CH-8808 Pfäffikon SZ. All rights are reserved.
Copyright (c) 2005. MARKETWIZARD GMBH. All rights reserved.
Billing Address
MarketWizard GmbH
Schindellegistrasse 34b
CH-8808 Pfäffikon SZ
Switzerland
