Warranties And Limitation Of Liability Regarding The Services
The accuracy, completeness, sequence or timeliness of the information cannot be guaranteed. EcoEx and its affiliates, their financial advisors, agents and licensors shall not have any responsibility or liability for direct, indirect, consequential, special, or other damages you may incur for any reliance by you on information or for the reliability, accuracy, completeness, sequence or timeliness thereof for any delays, interruption or errors in the transmission or delivery of any part of the information or services, or for any unauthorized use by you of e-mail.
You understand that any bid/order price quotes provided/available as part of the services may be delayed on account of certain technical reasons beyond the control of EcoEx and may not reflect the prices at which the quoted commodity may be bought or sold. You should not make any decisions to buy or sell commodity based on such quotations or on any other information accessed on or through the Site. You understand that EcoEx does not guarantee that it will continue to make the Information and/or Services available to you, whether by the same methods currently used or otherwise. You agree not to hold EcoEx liable for any damages arising from a discontinuation or modification of all or part of the Services or Information.
EcoEx shall ensure that bid/order acceptance or rejection by the System is communicated to the Registered Client within a reasonable period of time. EcoEx shall send electronically including without limitation, trade confirmations, notifications of trade failures for the execution of the Registered Client’s order/trade. Such confirmation shall be made available to the Registered Client by way of web postings accessible to the client after login or through an e-mail address provided by such client. The Registered Client agrees that the information sent by EcoEx by web posting/e-mail is deemed to be a valid delivery of such information by it.
All trades/ orders routed through the Site/System shall be deemed to be unsolicited trades.
EcoEx may set such parameters or checks in the System that may result in the Site or System rejecting the orders of a Registered Client. Such rejection is not/would not be an indication of such client’s creditworthiness but is a risk management measure undertaken by EcoEx. However EcoEx shall not be liable for any direct or indirect loss or damages caused to such client by such rejection.
Except as expressly set forth in this agreement, EcoEx and its affiliates, agents and licensors hereby expressly disclaim all express and implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, and error-free and uninterrupted services. EcoEx does not warranty, guaranty, or make any representations or warranties whatsoever, express or implied, or assume any liability to you regarding (i) the use or the results of the use of the Services, including without limitation any financial results based on use of the Services or Information or any delay or loss of use of the services, or (ii) system performance and effects on or damages to software and hardware in connection with any use of the Site, Services, and Information.
In addition to and without limiting the foregoing, EcoEx shall not be liable for any harm caused by the transmission, through the Services or Information, of an Electronic Device virus, or other Electronic Device code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt, or otherwise impede in any manner the operation of the Services or any of your software, hardware, data or property.
In addition to and without limiting the foregoing, EcoEx makes no representation and assumes no liability regarding the quality, safety, accuracy, or suitability of any information or software found on any other site not under EcoEx control.
EcoEx and its affiliates, their respective financial advisors, agents and licensors shall not be liable for any losses or damages incurred by you related in any way to your use of the services and information.
Except as otherwise provided by law, EcoEx shall have no liability for losses caused by the negligence, actions or failure to act of the provider or any third party provider acting on EcoEx behalf.
To the extent permitted by law, neither EcoEx nor the third party provider acting on EcoEx behalf shall be liable to you for any indirect, special, incidental or consequential damages (regardless of whether such damages are reasonably foreseeable), or for any loss, costs, expenses including without limitation reasonable legal fees, arising from a failure, interruption, error, omission or delay in the performance of their obligations or in the transmission of information that results from a cause over which EcoEx or any other such entity does not have control, including but not limited to
failure of electronic or mechanical equipment/any failure in the links/system failure/faults in the telecommunication network or internet or network failure or software/hardware errors at your end or at the end of EcoEx or
unauthorized access, alteration or use of information or
incomplete/incorrect data or Information provided to EcoEx over the Site/system and/or any error in the execution of any request due to such incomplete/incorrect data,
strikes, failures of common carrier or utility systems, severe weather, fire, floods or other causes commonly known as “acts of god” or force majeure events.