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Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS, WHICH GOVERN YOUR USE OF THIS AND OTHER BMLL SERVICES*

By using any service controlled by BMLL Technologies (“BMLL” or “we”) on which these Terms and Conditions appear (each, a “Service” or collectively, “Services”), you agree to be bound by all of the terms in these Terms and Conditions. You may wish to print and keep a copy of these Terms and Conditions. We may change the terms in these Terms and Conditions at any time and such changes will be binding on you if you continue to use a Service after we have notified you (by email, on a Service, or by any other means by which you obtain such notice) that we have changed the terms. Therefore, you should review these Terms and Conditions each time we notify you that we have changed the terms. BMLL may discontinue or change any Service, or its availability to you, at any time. These Terms and Conditions are personal to you, and you may not delegate your obligations under them to anyone. If any provision in these Terms and Conditions is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. These Terms and Conditions, your obligations, and all actions contemplated by these Terms and Conditions shall be governed by the laws of the England Wales.

By using a Service, you represent, warrant and covenant that you (if you are an individual) are at least 18 years of age, can form legally binding contracts, and (if applicable) are the authorized representative of the entity that is agreeing to these Terms and Conditions. The Services are not designed for use by individuals under 18 years of age, and use by such individuals is not permitted.

*If you have a Premium Services Agreement or similar enterprise-level agreement for BMLL services (“ELA” or “ELAs”), these Terms and Conditions only apply to the extent they do not conflict with such ELAs. Where a conflict is present, the terms of the ELA will control.

COPYRIGHT AND LIMITATIONS ON USE

The content available through each Service is the property of BMLL or its third party content providers (“Licensors”) and is protected by copyright and other intellectual property laws. Such content may include, for example, studies, analyses, stories, tools, calculators and other items displayed on the Service. Content received through a Service may be displayed, reformatted, and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through a Service to anyone, including but not limited to others in the same company or organization, without the express prior written consent of BMLL, except through use of the Service’s sharing features, to the extent such features are made available on a Service, with this one exception: You may, on an occasional and irregular basis, disseminate an insubstantial portion of content from a Service, for a research purpose, without charge, and transmitted in non-electronic form, to a small number of individuals, provided you include all copyright and other proprietary rights notices with such portion of the content in the same form in which the notices appear on the Service, original source attribution, and the phrase “Used with permission from BMLL.” You may not post any content from any Service to newsgroups, mail lists or electronic bulletin boards without the prior written consent of BMLL. You may not use any of the data on a Service in connection with the issuance, trading, marketing or promotion of investment products (e.g., derivatives, structured products, investment funds, investment portfolios, etc., where the price, return and/or performance of the investment product is based on or related to our data), nor may you use such data as the basis of a financial instrument, without a separate written agreement with BMLL and any of our applicable Licensors. Except as may be permitted above, you agree not to copy, modify, reformat, download, store, reproduce, reprocess, transmit or redistribute any data or information found on any Service or use any such data or information in a commercial enterprise without obtaining our prior written consent.

Research Use Only

The content on each Service is provided for informational and research purposes only, as of the date provided, and is subject to change without notice. Service content is not intended to be an offer, or the solicitation of any offer, to buy or sell securities.

User-Provided Content, Suggestions, And Feedback

Users may provide BMLL with ideas, suggestions, feedback, documents or proposals (“User-Provided Content”), including but not limited to bug reports, content suggestions, Service design suggestions, and requested features. By sending us any such User-Provided Content, you represent, warrant, and agree that (i) your User-Provided Content does not contain confidential or proprietary information of third parties, (ii) that we are under no obligation of confidentiality not otherwise outlined in these Terms and Conditions, (iii) that we may already have something similar under consideration or development, (iv) and unless we indicate otherwise, you grant BMLL a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and share such content throughout the world in any media, and you irrevocably waive, and cause to be waived, any claims and assertions against BMLL and its users of any rights or claims related to or contained in such User-Provided Content. The identity of the users that provide User-Provided Content will be kept confidential, as will any information covered by the Confidentiality section within these Terms and Conditions and the BMLL Privacy Policy. You represent and warrant that you own or otherwise control all of the rights to the User-Provided Content that you provide; that the User-Provided Content is accurate; that use of the User-Provided Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BMLL for all claims resulting from User-Provided Content you supply, knowing it to be false, inaccurate, or intentionally harmful. BMLL has the right but not the obligation to store User-Provided Content.

Confidentiality

The terms of the Premium Services Subscription Agreement entered into by you and BMLL are confidential, and will not be disclosed to any parties not included in the terms of said agreement. Unless otherwise permitted elsewhere in the Copyright and Limitations on Use section of these Terms and Conditions, the Service itself and any content provided is confidential, and you agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or otherwise share information about or derived from your use and access to the Service. BMLL will treat any proprietary data you use or provide in connection with the Service as confidential, including any questions you ask in connection with help conducting research via the Service.

No Reverse Engineering

The systems used by BMLL to provide a Service are confidential, including but not limited to the computer hardware and software the Service runs on. Any system for a Service provided by BMLL shall not be analyzed, decompiled, or reverse engineered, nor should you cause a third party to analyze, decompile, or reverse engineer the same for any purpose.

REGISTRATION

Service features are restricted to registered users only. In order to become a registered user, you will need to create a user name and password (“Login Credentials”). During any such registration, you are required to give truthful registration information (such as name and email address) in accordance with these Terms and Conditions. You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your account. You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials. For your convenience, all information that you provide to BMLL is subject to BMLL’s Privacy Policy. You are responsible for keeping your registration information up to date through your account settings page, to the extent such feature is made available on the Service, or by contacting customer service at info@bmlltech.com.

SUBSCRIBER FEES

BMLL charges subscriber fees for access to Service features (“Premium Services”). Your access to Premium Services will be subject to your registration as a registered user and agreement to pay such fees. Your Service subscription will continue based on your Premium Services Subscription Agreement until you cancel your subscription or we terminate it. You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the Premium Services. You must cancel your subscription before it renews in order to avoid billing of the next subscription period to your Payment Method.

Billing

By starting your Service subscription, you authorize us to charge you a subscription fee in accordance with your Premium Services Subscription Agreement to your Payment Method. We reserve the right to change our subscription fees from time to time, but we will not increase the subscription fees we charge to you during the current period of your subscription and will not increase the subscription fees we charge to you for renewal period without providing you at least (90) ninety days’ notice of such change prior to your renewal date. We will begin billing you for your subscription at the beginning of the paying portion of your subscription and each subscription period thereafter unless and until you give us written notice prior to expiration of the then-current subscription term that you do not wish to renew. Written notice is to be provided according to the terms in your Premium Services Subscription Agreement. We will automatically bill your Payment Method in accordance to the term corresponding to the commencement of your Service subscription. Subscription fee instalments are fully earned each month upon payment, for monthly subscriptions. We reserve the right to change the timing of our billing.

No Refunds

PAYMENTS ARE NON-REFUNDABLE. Following any cancellation by you during a subscription period, however, you will continue to have access to the applicable Service through the end of such subscription period. If you cancel during an annual subscription period, you will remain responsible for paying any unpaid portion of the annual subscription fee. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers (“Credits”). The amount and form of such Credits, and the decision to provide them, are at the sole and absolute discretion of BMLL. The provision of Credits in one instance does not entitle you to Credits in the future or for similar instances, nor does it obligate BMLL to provide Credits in the future, under any circumstance.

DISCLAIMER OF LIABILITY AND WARRANTIES

BMLL AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE CONTENT AVAILABLE THROUGH ANY SERVICE. NEITHER BMLL NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY USE OF A SERVICE. IN NO EVENT WILL BMLL, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR ANY SERVICE. BMLL AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR DATA, DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR ANY OTHER DAMAGES) FROM YOUR USE OF A SERVICE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE CAUSE OF ACTION. TO THE EXTENT SUCH DISCLAIMER OF DAMAGES IS NOT EFFECTIVE UNDER APPLICABLE LAW, THE ENTIRE AGGREGATE LIABILITY TO YOU OF BMLL, ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIMITED TO THE FEES, IF ANY, YOU PAID TO BMLL FOR ACCESS TO THE SERVICE THAT GAVE RISE TO SUCH LIABILITY. EACH SERVICE AND ALL SERVICE CONTENT IS PROVIDED “AS IS” AND BMLL AND ITS AFFILIATES, AGENTS AND LICENSORS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING BUT NOT LIMITED TO THE MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY SERVICE CONTENT, OR THAT A SERVICE WILL BE AVAILABLE, FREE FROM ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. THE TERMS OF THE PREMIUM SERVICES SUBSCRIPTION AGREEMENT WILL GOVERN YOUR CONTRACTUAL RELATIONSHIP WITH BMLL. ANY CONTENT BMLL AND ITS AFFILIATES, AGENTS AND LICENSORS PROVIDE IS TO BE USED BY SUBSCRIBERS IN ACCORDANCE TO ALL APPLICABLE LAWS, AND SUBSCRIBERS WILL BE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES DERIVED FROM ANY USE OF CONTENT INCLUDING, BUT NOT LIMITED TO, USE THAT RESULTS IN TORT OR CRIMINAL LIABILITY.

FURTHER DISCLAIMERS

Third Party Content and Services

BMLL is a distributor (and not a publisher) of content supplied by Licensors. Services may include facts, views, opinions and recommendations of individuals and organizations deemed of interest. BMLL and its Licensors do not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these facts, views, opinions or recommendations, give tax or investment advice, or advocate the purchase or sale of any security or investment. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including but not limited to any other Service user or any Licensor, are those of the respective author(s) or distributor(s) and not of BMLL. BMLL neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on a Service by anyone other than authorized BMLL employee spokespersons while acting in their official capacities. Under no circumstances will BMLL or any of its Licensors be liable for any loss or damage relating to your use of information obtained through a Service. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through a Service. Please seek the advice of professionals regarding the evaluation of any specific information, opinion, advice or other content obtained on a Service.

Our use of third party sources for certain Service content, and the inherent hazards of electronic distribution, may result in delays, omissions or inaccuracies in such content as presented on a Service. Some of the data on Services may be delayed as specified by Licensors. BMLL does not verify any data and disclaims any obligation to do so. BMLL, its Licensors and each of their affiliates and business partners (A) expressly disclaim the accuracy, adequacy, usefulness, or completeness of any data and (B) shall not be liable for any errors, omissions or other defects in, delays or interruptions in such data, or for any actions taken in reliance thereon. As used here, “business partners” does not refer to an agency, partnership, or joint venture relationship between BMLL and any such parties. Please consult your broker or financial representative to verify pricing before executing any trade.

Data

Certain market data Copyright, Standard & Poor’s Financial Services LLC. Reproduction of S&P Index Data in any form is prohibited except with the prior written permission of S&P. S&P does not guarantee the accuracy, adequacy, completeness or availability of any information and is not responsible for any errors or omissions, regardless of the cause or for the results obtained from the use of such information. S&P DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. In no event shall S&P be liable for any direct, indirect, special or consequential damages, costs, expenses, legal fees, or losses (including lost income or lost profit and opportunity costs) in connection with subscriber’s or others’ use of S&P Index Data.

Certain CUSIP data: Copyright © 2017, American Bankers Association CUSIP Database provided by the S&P Capital IQ LLC. All rights reserved. Subscriber agrees and acknowledges that the CUSIP Database and the information contained therein is and shall remain valuable intellectual property owned by, or licensed to, CUSIP Global Services (“CGS”) and the American Bankers Association (“ABA”), and that no proprietary rights are being transferred to subscriber in such materials or in any of the information contained therein. Any use by subscriber outside of the clearing and settlement of transactions requires a license from CGS, along with an associated fee based on usage. Subscriber agrees that misappropriation or misuse of such materials will cause serious damage to CGS and ABA, and that in such event money damages may not constitute sufficient compensation to CGS and ABA; consequently, subscriber agrees that in the event of any misappropriation or misuse, CGS and ABA shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which CGS and ABA may be entitled.

Subscriber agrees that subscriber shall not publish or distribute in any medium the CUSIP Database or any information contained therein or summaries or subsets thereof to any person or entity except in connection with the normal clearing and settlement of security transactions. Subscriber further agrees that the use of CUSIP numbers and descriptions is not intended to create or maintain, and does not serve the purpose of the creation or maintenance of, a master file or database of CUSIP descriptions or numbers for itself or any third party recipient of such service and is not intended to create and does not serve in any way as a substitute for the CUSIP MASTER TAPE, PRINT, DB, INTERNET, ELECTRONIC, CD-ROM Services and/or any other future services developed by the CGS.

NEITHER CGS, ABA NOR ANY OF THEIR AFFILIATES MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED IN THE CUSIP DATABASE. ALL SUCH MATERIALS ARE PROVIDED TO SUBSCRIBER ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE NOR WITH RESPECT TO THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF SUCH MATERIALS. NEITHER CGS, ABA NOR THEIR AFFILIATES SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS NOR SHALL THEY BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF CGS, ABA OR ANY OF THEIR AFFILIATES PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE FEE PAID BY SUBSCRIBER FOR ACCESS TO SUCH MATERIALS IN THE MONTH IN WHICH SUCH CAUSE OF ACTION IS ALLEGED TO HAVE ARISEN. FURTHERMORE, CGS AND ABA SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DELAYS OR FAILURES DUE TO CIRCUMSTANCES BEYOND THEIR CONTROL.

Subscriber agrees that the foregoing terms and conditions shall survive any termination of its right of access to the materials identified above.

Currency Conversion

BMLL cannot guarantee the accuracy of the exchange rates displayed. You should confirm current rates before making any transaction that could be affected by changes in the exchange rates. Rates are provided for information and research purposes only and are subject to change without notice. Rates for actual transactions may vary.

Brokers and Financial Advisers

BMLL is not a broker-dealer or a financial adviser and does not endorse or recommend the services of any brokerage or financial adviser. Any brokerage or financial adviser you select is solely responsible for its services to you the user. BMLL shall not be liable for any damage or cost of any type arising out of or in any way connected with your use of the services of any third party.

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless BMLL, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including but not limited to attorneys’ fees, arising out of the use of any Service by you, or by anyone else using your Login Credentials.

TERMINATION

Either BMLL or you may terminate your access to Services at any time. Without limiting the foregoing, BMLL has the right to terminate your access to Services immediately in the event of any conduct by you that BMLL, in its sole discretion, considers to be unacceptable, or if you breach any of these Terms and Conditions or the Premium Services Subscription Agreement.