Last Updated: January 1, 2019
General & Acceptance
Welcome to the Thalēs Trading Solutions LLC (“Thalēs” or “our”) website. These Terms of Use (“Terms”) govern all users (“you” or “your”) ability to access and use our website and our Harvest client portal and any content or reports derived from our website or client portal (collectively, “Website”). By accessing and using this Website or electing to receive content or reports derived therefrom, you agree to be legally bound by these Terms and by our Privacy Policy. These Terms set forth your rights and obligations with respect to your use of this Website. If you do not agree to these Terms, you are not authorized to access or use the Website and you should stop using and exit the Website.
Use of Our Website
As a condition of your use of the Website, you will not use the Website, or any contents or services, for any purpose that is unlawful in any applicable jurisdiction where our Website in being used, or that is prohibited by these Terms. You may not use the Website or its contents or services in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party’s use and enjoyment of the Website, or its contents or services. You may not attempt to gain access to any portion of the Website, or any of its contents or services, other than for which you are authorized. You are expressly prohibited from using data mining, robots, or similarly automated systems or software to extract data from this Website.
Intellectual Property Rights
These Terms grant you a non-exclusive, non-transferable, revocable license to access and use the Website for informational and internal business purposes. The content on this Website, all information and intellectual property referenced on the Website, including without limitation, patents, copyrights, logos, trademarks and trade secrets are subject to intellectual property rights. To the best of our knowledge, we only use content that we own or is otherwise allowed and permitted for use by the owners of such intellectual property rights. Content on this Website may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Thalēs. You agree not to engage in the use, copying, or distribution of any of the content of this Website other than expressly permitted herein for any commercial profit or gain.
Login Information
You may be required to create a username and password to access certain portions of the Website. In such an event, you shall maintain the confidentiality and security of your username and password. You agree not to share your username and password with others unless Thalēs provides prior written approval. You shall be responsible for all use or activity on your account, including unauthorized use or activity. You shall promptly notify us upon becoming aware of any loss of or unauthorized use of your username and password.
User Submitted Information
You represent and warrant to Thalēs that you have all necessary rights and permissions to enable, and grants such rights and permissions to Thalēs, to use, store, and process User Data on the Website, and have obtained all necessary and appropriate consents, approvals, and waivers relating to providing and disclosing User Data hereunder. “User Data” means all data, information, and materials that are provided by you to Thalēs or are loaded into, maintained, tracked, input, calculated, or processed within or by the Website for you. Thalēs has no responsibility for claims based on any violation of law or third-party rights caused by User Data and you hereby agree to indemnify and hold Thalēs harmless for any such claims.
Links to Third Party Websites
The Website may contain third party content about, and links to, third parties and their websites that are not owned or controlled by Thalēs. Thalēs has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party content or websites or any of their contents. By using this Website, you expressly relieve Thalēs from any and all liability arising from your use of any third-party website. If you decide to access any third-party websites or applications linked to this Website, you do this entirely at your own risk and Thalēs assumes no liability for such use.
Website Availability & Modification
Thalēs shall not be responsible for any disruption to the Website, regardless of length. Thalēs will not be liable for losses related to your inability to access content due to disruptions of the Website. You are free to stop using our Website at any time. We reserve the right to add, remove, or modify content, functionalities, and features, or add or create new limits to the Website, or suspend or stop the Website altogether for any reason without notice.
Warranty Disclaimer & Limitation of Liability
THE WEBSITE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND THALĒS, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, PARTNERS, CONTENT PROVIDERS, AND AGENTS, DISCLAIM ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THALĒS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE WEBSITE (AND ANY ASSOCIATED INFORMATION, CONTENT, SOFTWARE, AND MATERIALS), SERVICES, AND/OR SUPPORT IN TERMS OF SUITABILITY, ACCURACY, TIMELINESS, RELIABILITY, CURRENTNESS, COMPLETENESS, FUNCTIONALITY, INTENDED PURPOSE, OR OTHERWISE. THALĒS DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS.
IN NO EVENT SHALL THALĒS, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR CONTENT PROVIDERS, OR OTHER THIRD PARTIES MENTIONED ON THE WEBSITE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITE, WHETHER IN AN ACTION BASED UPON CONTRACT, TORT, OR OTHERWISE. MOREOVER, IN NO EVENT SHALL THALĒS BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OR LOSS DUE TO: (I) YOUR RESULTS FROM YOUR USE OF THE WEBSITE OR RELIANCE ON THE CONTENT CONTAINED THEREIN; (II) ANY DAMAGES TO, OR DEGRADATION OR LOSS OF, ANY INFORMATION, MATERIALS, OR SOFTWARE; OR (III) ANY MATTERS BEYOND THALĒS’ REASONABLE CONTROL.
NOTWITHSTANDING THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, THE THALĒS’ TOTAL LIABILITY FOR ANY CLAIMS RELATED TO YOUR USE OF THE WEBSITE IS LIMITED TO THE AMOUNT PAID BY YOU TO USE THE WEBSITE IN THE IMMEDIATELY PRECEDING TWELVE (12) MONTHS.
Securities Laws
The Website and all information or content contained therein does not provide financial product advice nor does it constitute a recommendation in relation to securities or other investments. You agree not to, and not to cause any person to, hold, acquire, or dispose of any securities or other investments after you have reviewed any information or content on the Website if doing so would be a breach of any insider trading restrictions or any other law.
Indemnification
You agree to indemnify Thalēs and its affiliates, directors, employees, contractors, agents, representatives and third party service providers, and hold each of them harmless from any and all claims, actions, liabilities, damages, and costs (including attorneys’ fees) that arise from or relate to your use or misuse of, or access to, the Website or its content, or violation of these Terms or violation of any third-party right, including without limitation any trademark, copyright, or other proprietary privacy right. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Notification of Changes to Terms
We may revise these Terms at any time by updating this page on the Website and in such event your continued use of the Website or submission of User Data for processing through the Website following such changes shall constitute your acceptance of such updated Terms. Please refer to the “Last Updated” legend at the top of this page to see when these Terms were last revised.
Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of this Agreement shall be governed by the exclusive jurisdiction and venue of the state and federal courts of New York County, New York.
Electronic Communications
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures or other communications that we provide to you electronically or posted on the Website satisfies any legal requirement that such communication be in writing.
Contact Information
If you have any questions or concerns about these Terms, please contact us at support@thales.com.