Trading Technologies International, Inc. - Legal and Privacy Agreement

By browsing and/or using this website ( www.tradingtechnologies.com ) ("Site") you agree to abide by the terms of this Legal and Privacy Agreement. If you do not agree to these terms, you must cease using the Site immediately.

YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ALL OR ANY PART OF THE SITE, EXCEPT AS EXPRESSLY PROVIDED IN THIS LEGAL AND PRIVACY AGREEMENT. THE CONTENTS OF THE SITE MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT TRADING TECHNOLOGIES INTERNATIONAL, INC.'S (TT'S) PRIOR WRITTEN CONSENT. IF YOU DOWNLOAD ANY INFORMATION OR SOFTWARE FROM THIS SITE, YOU AGREE THAT YOU WILL NOT COPY IT OR REMOVE OR OBSCURE ANY COPYRIGHT OR OTHER NOTICES OR LEGENDS CONTAINED IN ANY SUCH INFORMATION. MODIFICATION OF THE SITE CONTENT WOULD BE A VIOLATION OF TT'S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. YOU MAY NOT USE THIS SITE FOR ANY ILLEGAL PURPOSE OR IN ANY MANNER INCONSISTENT WITH APPLICABLE LAW OR THIS LEGAL AND PRIVACY AGREEMENT. YOU MAY NOT OFFER ANY PART OF THE SITE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF TT. YOU MAY NOT USE ANY OF TT'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN A MANNER THAT SUGGESTS THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH TT'S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE THE SITE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SITE. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS SET FORTH ON THE SITE.

COPYRIGHT

Copyright © 1997-2009 TT All rights reserved. All text, images, graphics, animation, videos, music, sounds and other materials on the Site are subject to the copyrights and other intellectual property rights of TT, its affiliated companies and its licensors. TT owns the copyrights in the selection, coordination and arrangement of the materials on this Site.

TRADEMARK

All trademarks displayed on this Site are subject to the U.S. trademark rights of TT, or are used under agreement in the U.S. by TT. These trademarks include, but are not limited to, service brand names, slogans and logos and emblems including but not limited to: Trading Technologies®, the Trading Technologies Logo, TT™, X_TRADER®, X_STUDY™, X_RISK®, MD Trader®, Autospreader®, Autotrader™, TT Trainer™, TTNET™, AC/DC™, ACE™, ATLAS™, AutoCredit™, AutoLaunch™, Back Office Bridge™ DART™, EFRT™, Equalizer™, FARM™, Guard Dog™, Landscape™, Morph™, Navigator™, OCO Trader™, PS Sender™, Quick MOW™, Risk Inserter™, SOD Chopper™, Stop Watch™, TecKey™, TOES™ and Trade Analyzer™. All other referenced companies, individuals and trademarks retain their rights. The unauthorized use of any trademark displayed on this Site is strictly prohibited.

THIRD PARTY WEBSITES

This Site may provide links to certain websites sponsored and maintained by TT as well as those sponsored or maintained by third parties. Such third party websites are publicly available and TT is providing access to such websites through this Site solely as a convenience to you. The content of such third party websites, services, goods or advertisements that may be linked to this Site is not maintained or controlled by TT, and TT makes no representations or warranties concerning the content of such websites and the fact that access to such websites is provided does not constitute any endorsement, authorization or sponsorship of such websites or their sponsors by TT nor is there any affiliation between TT and such sponsors and such sponsors do not endorse, authorize or sponsor this Site. Moreover, TT is in no way responsible for the availability, content or accuracy of other websites, services or goods that may be linked to, or advertised on, the Site and does not make any warranty, express or implied, with respect to the use of the links provided on, or to, the Site or guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, goods or advertisements that may be linked to the Site. You understand and agree that you will use or rely on such websites solely at your own risk and that TT does not grant to you any rights in respect of such websites.

NO WARRANTIES

This Site and the information and material which it contains are subject to change at any time by TT without notice and TT reserves the right to suspend, terminate or restrict your access to or use of this Site. This Site is provided "AS IS" without any warranty of any kind, express or implied, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of the information contained on this Site or in respect of any materials or products referred to on this Site, or non-infringement. Difficulties in use of this Site could involve, among others, failures, delays, malfunction, software erosion, inadvertent disclosure of information provided to TT via this Site, or hardware damage, which difficulties could be the result of hardware, software or communication link inadequacies or other causes. Such difficulties could lead to possible economic and/or data loss. TT does not warrant that the Site is compatible with your equipment or that the Site is free of errors, viruses or worms. In no event shall TT be liable for any damage you may suffer as a result of such destructive features. All warranties, whether express or implied, are hereby excluded to the extent permitted by law.

NO LIABILITY

TT and its directors, officers, employees and agents shall, to the extent permitted by law, have no liability, contingent or otherwise, whether caused by the negligence of TT, its employees, subcontractors, agents, suppliers, or otherwise, to you or to third parties for the accuracy, timeliness, completeness, reliability, performance or continued availability of this Site or for delays or omissions therein, including, but not limited to, inaccuracies or errors in or omissions from quotes and financial data. TT shall have no responsibility to maintain the information or services made available on this Site or to supply any corrections or updates in connection with such information or services. IN NO EVENT WILL TT, ITS SUPPLIERS, OR ITS THIRD PARTY AGENTS BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL OR REPUTATION OR WASTED MANAGEMENT TIME) WHICH MAY BE INCURRED OR EXPERIENCED ON ACCOUNT OF YOUR USING OR RELYING ON THIS SITE OR ANY INFORMATION OR LINKS ON IT, EVEN IF TT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Any limitations or restrictions on liability in this Legal and Privacy Agreement shall only apply to the extent permitted by applicable law. In no event shall TT's total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you to TT, if any, for accessing this Site.

PRIVACY

TT respects the privacy rights of our users and is strongly committed to protecting your privacy online. This privacy policy applies to this Site and does not apply to other TT products or services.

Collection and Use of Personal Information

TT (or in some cases a designated agent acting on TT's behalf) collects personal information that you voluntarily provide on this Site, which may include your name, address, e-mail address, billing information, etc. For example, we collect personal information when you register to receive certain TT services or products. We use this information to communicate with you and provide you with your requested service or product. If you provide your consent at the time your personal information is collected via this Site, we may also provide you with information, special offers, and promotions. You may instruct us at any time not to use your personal information to provide you with information, special offers, or promotions by clicking here. Please note that this process may take up to thirty (30) days to complete. This privacy policy does not cover third-party information practices, and TT does not assume any responsibility for any action of third parties. In the event that information is submitted through your access to the Site erroneously, or you later determine that information should not have been submitted, for any reason, you accept full financial responsibility for such entry. Further, by logging onto to our Site on behalf of an entity or corporation, you are agreeing that you have the right and authority to bind that entity or corporation to the obligations and responsibilities incurred by utilizing this Site.

Disclosure of Personal Information

We may disclose your personal information to unaffiliated third parties if we believe in good faith that such disclosure is necessary (a) to comply with the law or in response to a subpoena, court order, government request, or other legal process; (b) to protect the interests, rights, safety, or property of TT or others; (c) to enforce any terms of service on this Site; (d) to provide you with the services or products requested by you (including allowing a purchaser of a TT division, or TT as a whole, to continue to serve you), and to perform other activities related to such services and products, including billing and collection; (e) to provide you with information, special offers, or promotions from TT to which you consented; or (f) to operate TT's systems properly. If you provide your consent at the time your personal information is collected via this Site, we may also share your personal information with a sponsor or other third party who is interested in serving you ("Third-Party Providers"). You may instruct us at any time not to share your personal information with such Third-Party Providers by clicking here. Please note that this process may take up to thirty (30) days to complete. Further use and/or disclosure of your personal information by Third-Party Providers is not the responsibility of TT. Rather, such use and/or disclosure is governed by the Third-Party Providers' privacy policies.

Accuracy and Security of Personal Information

TT uses reasonable administrative, technical, personnel, and physical measures (a) to safeguard personal information against loss, theft, unauthorized use, disclosure, or modification; and (b) to ensure the integrity of the personal information. To help us protect your privacy, you should maintain the secrecy of the logon ID and password you may have set up in connection with your participation in this Site's service.

Use of Cookies

TT may use "cookies" or similar electronic tools to collect information to enhance your experience with this Site. A cookie is a small text file that is placed on your computer and which collects information about your use of this Site, such as the Web pages visited, the date and the time of a visit, the Web sites you visited immediately before and after visiting this Site, etc. TT or a third-party advertising company acting on TT's behalf may also place or recognize a unique cookie on your computer in order to manage and display advertisements that you see on this Site. Information about your visits to, and activity on, this site, as well as the number of times you have viewed an advertisement, is used to display on your computer screen customized advertisements that may be of particular interest to you. You need to opt out for each browser, on each machine you use to surf the Web. Thus, if you use multiple browsers (e.g., AOL, Netscape, Internet Explorer, etc.), you should repeat this procedure with each one. Similarly, if you connect to the Web from multiple machines (e.g., work and home), you need to explicitly opt out from each browser on each machine. Any information collected by the cookies used by TT or by a third party acting on TT's behalf will be collected anonymously and will not be used by TT to subsequently identify you or to prepare the collection, processing, or use of personal information about you without your prior consent. Most browsers are set to accept cookies by default. If you prefer, you can usually set your browser to disable cookies, or to alert you when cookies are being sent. The help function on most browsers contains instructions on how to set your browser to notify you before accepting cookies or to disable cookies entirely. However, it is possible that some parts of this Site, such as the polls, surveys, contests, product sales, and game areas, will not function properly if you disable cookies.

Accessing and Updating Your Personal Information

To access, review, rectify, or delete personal information collected about you via this Site, please click here. All requests must include the following information: first name, last name, and e-mail address. While TT will make every reasonable effort to accommodate your request, we also reserve the right to impose certain restrictions and requirements on such access requests, if allowed or required by applicable laws.

Transfer of Personal Information to Other Countries

Some of the uses and disclosures mentioned in this privacy policy may involve the transfer of your personal information to various countries around the world. By submitting your personal information via this Site, you consent to such transfers.

Links to Third-Party Web Sites

TT may provide links to third-party Web sites. Since we do not control third-party sites and are not responsible for any personal information you may provide while on such sites, we encourage you to read the privacy policies on those Web sites before providing any of your personal information on such sites.

If, at any time, you do not wish us to contact you using the data we have collected or have any questions concerning our Legal and Privacy Agreement, please feel free to contact us by email at legal@tradingtechnologies.com.

TT reserves the right to modify this policy effective immediately after the posting of the revised policy.

Partners

Mention of third parties and third party products on any page of this website or otherwise in any TT materials, advertising or promotions is for informational purposes only and constitutes neither an endorsement nor a recommendation. All third party products, specifications and descriptions are supplied by the third party. TT assumes no responsibility with regard to the selection, performance or use of these vendors or products. All understandings, agreements or warranties, if any, take place directly between the vendors and the prospective users.