The following rules and regulations apply to all visitors to or users of this web site maintained by NewMarkets International, LLC. (“Web Site”).  By accessing this Web Site, user acknowledges acceptance of these terms and conditions.  NewMarkets International, LLC. (“NewMarkets”) reserves the right to change these rules and regulations from time to time at its sole discretion.  In the case of any violation of these rules and regulations, NewMarkets reserves the right to seek all remedies available by law and in equity for such violations.  These rules and regulations apply to all visits to the Web Site, both now and in the future.

Due to the possibility of delays and human and/or mechanical error, as well as other factors, neither NewMarkets nor any of NewMarkets information providers (the “Providers”) are or shall be responsible for any delays, interruptions, errors, inaccuracies or omissions in or on the Web Site, including the information and content contained on, distributed through, linked or accessed from the Web Site (“Content”).  EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE CONTENT AND THE WEB SITE ITSELF ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND.  NEWMARKETS AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES.  TO THE FULLEST EXTENT PERMITTED BY LAW, NEWMARKETS AND THE PROVIDERS HEREBY EXPRESSLY DISCLAIM WITH RESPECT TO THE WEB SITE, INCLUDING THE CONTENT, ANY AND ALL EXPRESS, IMPLIED AND STATUTORY REPRESENTATIONS AND WARRANTIES OF ANY KIND TO YOU AND/OR ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THE USE OR INABILITY TO USE THE WEB SITE, INCLUDING THE CONTENT, OR THE CORRECTNESS, QUALITY, ACCURACY, RELIABILITY, PERFORMANCE, COMPLETENESS, TIMELINESS, OR CONTINUED AVAILABILITY OF THE WEB SITE, INCLUDING THE CONTENT.  WITHOUT LIMITING THE FOREGOING, NEITHER NEWMARKETS NOR ANY PROVIDER MAKES ANY REPRESENTATION OR WARRANTY THAT THE WEB SITE, INCLUDING THE CONTENT, WILL CONFORM TO ANY DESCRIPTION THEREOF, BE FREE OF ERRORS, DEFECTS, VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE ELEMENTS OR PERFORM ANY DESIRED OPERATIONS OR FUNCTIONS.  NEWMARKETS AND THE PROVIDERS DO NOT REPRESENT OR ENDORSE AND HEREBY DISCLAIM ANY OBLIGATION OR RESPONSIBILITY TO VERIFY THE CORRECTNESS, QUALITY, ACCURACY, RELIABILITY, PERFORMANCE, COMPLETENESS, TIMELINESS, OR CONTINUED AVAILABILITY OF ANY OF THE CONTENT INCLUDING, WITHOUT LIMITATION, PRODUCTS AND ADVERTISEMENTS, CONTAINED ON, DISTRIBUTED THROUGH OR LINKED, DOWNLOADED, OR ACCESSED FROM THE WEB SITE.  You hereby acknowledge that any reliance upon any Content shall be at your sole and exclusive risk.  NewMarkets reserves the right (but shall have no obligation) to make improvements and complete, correct or update any delays, errors, inaccuracies or omissions in any portion of the Web Site, including the Content.

The Web Site may contain hyperlinks to web sites operated by persons other than NewMarkets.  Such hyperlinks, are provided for your reference and convenience only.  You agree not to hold NewMarkets or the Providers responsible for the content or operation of such portions of the web sites.  A HYPERLINK DOES NOT AND SHOULD NOT BE DEEMED TO SUGGEST, IMPLY OR MEAN THAT NEWMARKETS OR ANY PROVIDER IN ANY WAY ENDORSES OR SUPPORTS THE CONTENT, OPERATOR OR OWNER OF SUCH HYPERLINKED WEB SITES.  NEWMARKETS AND THE PROVIDERS HAVE NOT DEVELOPED OR REVIEWED THE CONTENT APPEARING IN OR ON SUCH HYPERLINKED WEB SITES AND NEITHER NEWMARKETS NOR ANY PROVIDER DOES OR SHOULD BE DEEMED TO IN ANY WAY ENDORSE OR SUPPORT ANY CONTENT THEREIN.  You understand that the hyperlinked web sites may contain illegal or objectionable content or dangerous computer viruses.  You assume, and NewMarkets and the Providers hereby disclaim, all responsibility for any loss or injury sustained by you as a user of such hyperlinked web sites.

Neither NewMarkets nor the Providers shall be liable for any loss or injury (including, without limitation, any loss or injury caused in whole or in part, by NewMarkets or any Provider with respect to procuring, compiling, interpreting, editing, writing, reporting, delivering or transmitting any Content) in tort, contract, strict liability or otherwise to any user or third party except for liability arising out of gross negligence or willful misconduct.  NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL NEWMARKETS OR ANY PROVIDER BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOST PROFITS, LOST OPPORTUNITY, SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF NEWMARKETS OR SUCH PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify and hold harmless NewMarkets and the Providers from any injury or loss (including reasonable attorneys fees) suffered, incurred or asserted as a result of (a) any misuse by you of the Web Site, including the Content, (b) any third party actions related to your receipt and use of the Content, whether authorized or unauthorized, and (c) any infringement by you of NewMarkets’ and/or any Provider’s intellectual property rights.

If any provision of these Legal Notices is determined to be invalid, superseded, illegal or unenforceable, in whole or in part, the validity, legality or enforceability of any of the remaining provisions or notices shall not in any way be affected or impaired thereby and shall continue in full force and effect.

The works of authorship contained in the Web Site including, without limitation, all design, text and images are owned or used under license by NewMarkets and are protected by copyright and other intellectual property laws.  Such works may not be copied, reproduced, transmitted, displayed, performed, stored, distributed, used to create derivative works, altered, abridged or otherwise used in whole or in part without the prior written consent of NewMarkets and/or its licensors, except for one temporary copy and one permanent copy to be used by you for personal, non-commercial use.  The Content may not be taken out of context or presented in an unfair, misleading or discriminating manner.  You agree not to remove any copyright notice or other notice signifying NewMarkets’, any Provider’s or any third party’s intellectual property or other proprietary rights.  Nothing contained on the Web Site shall be deemed or construed to confer any license or right, expressly, by implication, estoppel or otherwise, under any of NewMarkets’, any Provider’s or any third party’s intellectual property rights.

The trademarks, logos and service marks (“Marks”) displayed on this Web Site are the property of NewMarkets or other third parties.  Users are not permitted to use these Marks without the prior written consent of NewMarkets or such third party which may own the Mark.  “FXPartner” and “FXWeb” are registered trademarks of NewMarkets, with trademarks pending on both “NewMarkets” and “NewMarkets International”.

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