These Website Terms and Conditions were last updated: July 2018.
Welcome to Instinet.com. This website and its content (the "Site") are provided to you by Instinet Incorporated and/or its affiliates (collectively "Instinet"), subject to the terms and conditions set out in these Website Terms and Conditions. The benefits of these Website Terms and Conditions shall inure to the successors and assigns of Instinet.
By accessing or using any portion of the Site or by otherwise indicating your acceptance of these Website Terms and Conditions, you accept and agree to be bound by these Website Terms and Conditions. If you do not accept or agree to these Website Terms and Conditions, do not use or access the Site.
In these Website Terms and Conditions, "Instinet Parties" shall mean Instinet and their employees, directors, members, partners, principals, agents and representatives, and any third-party providers or sources of information or data. Instinet may provide content of third parties ("Third Party Content") on the Site. Instinet does not monitor, approve or have any control over any Third Party Content. Instinet does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content. Instinet is not responsible for updating or reviewing Third Party Content.
1. Intellectual Property
Instinet is the owner of this Site and, together with third parties whose information, content, and other materials are used by Instinet under license, is the owner of all intellectual property rights in all information, content, and other materials used on the Site (the "Materials").
The Site and Materials may not be copied, distributed or transmitted in any manner without the prior written consent of Instinet. You may download, print and store copies of the Materials for your own personal, non-commercial use, provided that the Materials are not modified or altered in any manner, and you do not delete or change any copyright or trademark notice.
Except as expressly permitted, no license is granted with respect to any intellectual property rights, and all right, title and/or interest in and to the Site, the Materials, and/or any products, services, technology and/or software described on this Site, which shall at all times remain the property of Instinet, its licensors, or any applicable third party. You acknowledge that certain Materials, products, services, technology and/or software described in or used in connection with the Site may be the subject of intellectual property rights of third parties.
The trademarks, logos, service marks, icons, and/or other marks (collectively, the "Trademarks"), displayed on the Site are registered and/or unregistered Trademarks of Instinet, its licensors, and/or third parties. Nothing contained on the Site should be construed as granting any license or right to use any Trademark without the prior written consent of Instinet or the third-party owner. Instinet shall pursue all remedies available under civil and criminal law to enforce its intellectual property rights.
2. Third Party Rights
Instinet neither warrants nor represents that your use of the Site or Materials will not infringe rights of third parties not owned by or affiliated with Instinet.
3. Idea Submissions
Other than Materials provided through a password-protected portion of the Site, any information, ideas, suggestions, communications or the like sent to any Instinet Party through this Site will be treated as non-confidential and non-proprietary. You acknowledge and agree that the Instinet Parties are entitled to use, reproduce, disclose, publish, post, broadcast and/or otherwise distribute or use any information submitted through the Site for any purpose and in any medium whatsoever, now known or hereafter developed, without restriction, compensation or attribution to the person sending or posting the submission. You represent and warrant the accuracy and originality of any submission communicated by you to us and agree to indemnify and hold the Instinet Parties harmless from any claims or damages arising out of its accuracy, appropriateness and legality.
4. Password Protected Pages
Access to and use of password-protected pages of the Site is restricted to authorized users only. You acknowledge and agree that you will be responsible for any use of your password and for maintaining the confidentiality of your password.
5. Liability Restrictions
THE SITE AND ALL MATERIALS ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR ACCURACY. Some jurisdictions do not allow the disclaimer of implied warranties, so, in such a case, parts of the foregoing disclaimer may not apply to you.
Without limiting the foregoing, the Site contains Materials prepared by Instinet from internal and external sources, which we believe to be reliable information and, while Instinet uses reasonable efforts to include accurate and up to date information through the Site, Instinet makes no warranties or representations as to the accuracy, completeness, timeliness, and usefulness of the Site and/or Materials. It is your responsibility to evaluate the accuracy, completeness, timeliness, and usefulness of the Site and/or any Materials. Instinet shall not be liable for any damages or injury arising out of access to or use of the Site and/or Materials.
No Instinet Party nor any other party involved in creating, producing, or delivering the Site and/or Materials shall be liable for: 1) any loss or injury caused, in whole or in part, by its actions, omissions or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Site and/or Materials; 2) any errors, omissions or inaccuracies in the Site and/or Materials regardless of how caused, or delays or interruptions in delivery of the Site and/or Materials; 3) any decision made or action taken or not taken in reliance upon the Site and/or Materials; 4) any damages or injury resulting from your access to this Site and/or Materials, including, but not limited to, damage to or failure by your computer equipment or other property, communication line failures, computer viruses or inability to access this Internet site; or 5) any other direct, incidental, consequential, indirect, or punitive damages or losses, whether in contract, tort, negligence, or otherwise, arising out of access to or use of the Site and/or Materials.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to the civil liability or otherwise violate any law. Instinet will fully cooperate with any law enforcement authorities or court order requesting or directing Instinet to disclose the identity of anyone posting any such information or materials.
Instinet reserves the right to terminate your access to the Site and/or Materials in Instinet's sole discretion.
6. Restrictions on Use
The Site and Materials are provided for informational purposes only and may only be used for such purpose and do not constitute a solicitation, offer, opinion or recommendation to buy or sell any securities or other financial instruments. The provision of the Site and Materials should not be construed as an attempt to provide investment advice or services regarding the suitability or profitability of any security or investment.
The Site and Materials may not be used for any illegal purpose or in any manner inconsistent with the Website Terms and Conditions. The Site and Materials may not be used in any manner that would subject Instinet to any registration requirements in any jurisdiction or country. You may not display any data in any way that creates a misimpression or likelihood of confusion that such data is from any source other than Instinet.
7. Linking Disclaimer
Instinet has not reviewed all of the websites linked to/from the Site and is not responsible for the content of any off-site pages or any other websites linked to the Site. Instinet provides links to other websites solely as a convenience to its users ("Independent Sites"). Your linking to any Independent Sites is at your own risk and is subject to Instinet's Linking Policy found at https://www.instinet.com/legal-and-regulatory.php.
By accessing Independent Sites through links provided by Instinet, you agree to follow the terms and conditions of those Independent Sites. The material available on the Independent Sites has been produced or provided by independent providers who are not affiliated with Instinet, and Instinet has no responsibility or liability for such material. Any opinions or recommendations expressed in the Independent Sites are solely those of the independent providers and are not the opinions, recommendations or views of Instinet. Instinet does not provide any legal, tax, accounting or investment advice concerning the suitability or profitability of any security or investment. Any links to Independent Sites are not intended as referrals or endorsements but are merely provided for convenience and information purposes.
THE INSTINET PARTIES DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND REPRESENTATIONS INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ACCURACY WITH RESPECT TO THE INDEPENDENT SITES AND THE MATERIAL AND INFORMATION THEREIN CONTAINED OR EXPRESSED.
Without limiting the foregoing, the Instinet Parties do not warrant or represent, and hereby disclaim liability for, the timeliness, accuracy, usefulness, or completeness of any information and other content contained in any of the Independent Sites. Instinet reserves the right in its sole discretion to add or discontinue links to any of the Independent Sites at any time and for any reason.
8. Privacy Statement
9. Export Controls
Software downloaded from or accessed through this Site is further subject to the United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Order. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
10. Applicable Law
Your use and access of this Site and all Materials shall be governed by New York law, without giving effect to its conflict of law principles. You hereby agree that any legal action arising out of or relating to this Site shall be brought solely and exclusively in the federal or state courts in the State of New York. You hereby agree that jurisdiction and venue are proper in such courts. This Site is not intended for distribution to or use by any person in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
11. Amendment to Website Terms and Conditions
Instinet may at any time, revise these Website Terms and Conditions by updating this page. You are bound by any such revisions and should therefore periodically visit this page to review the then current Website Terms and Conditions to which you are bound.