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CAI makes this website (the "Site"), including but not limited to the content, text, articles, columns, data, information, metadata, organization, photographs, video, audio, graphics, design, advertising, compilation, look and feel, translation, digital conversion and other protectable intellectual property (collectively the "Content") contained in this Site, available to you for information purposes only and on the understanding that you exercise your own skill, care and judgment with respect to your use of the Site and the Content. Before relying on the Content, You shall carefully evaluate the completeness, accuracy and relevance of the Content for your purposes.
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The Site and the Content are not intended for trading purposes and do not constitute any advice or any solicitation of the purchase or sale of any securities, commodities, currencies, derivatives or any specific financial products.
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The Site may be unavailable from time to time due to mechanical, telecommunication, software, hardware, third-party vendor or other failures. CAI cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
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The Content may include certain information taken from stock exchanges and other sources from around the world. You understand that CAI and its licensors do not guarantee the availability, timeliness, originality, sequence, accuracy, integrity, truth, reliability, suitability, completeness, consistency or currentness of the Content nor warrant that the Site and/or the Content will be uninterrupted or error free. CAI does not guarantee that the Site is compatible with your equipment or that any file or email sent by CAI to you or downloaded by you from the Site will be free of errors or viruses, worms or "Trojan horses", or any other corrupted, invasive or harmful computer code designed to interrupt, destroy, limit or otherwise affect the use of any computer software or hardware. CAI shall not be liable for any damage you may suffer as a result of such destructive features. CAI is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, computers and equipment you use to access the Site. Neither you nor any third party may hold CAI, CAI's licensors, or their respective affiliates, contractors, agents, directors, officers, employees, representatives, partners, successors and assigns liable in any way for (a) any use, inaccuracy, defect, error or delay in, or omission of, (i) the Site, (ii) the Content, (iii) the transmission or delivery of the Content, or (b) any injury, loss or damage arising from or occasioned by (i) any such inaccuracy, defect, error, delay or omission, (ii) non-performance or (iii) interruption in any such Content or the Site due either to any negligent act or omission by CAI or its licensors, to any "force majeure" (e.g. flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction) or to any other cause beyond the reasonable control of CAI and its licensors.
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You agree that your use of the Site and the Content is at your sole risk and acknowledge that all Content is provided "AS IS" and "AS AVAILABLE" without any warranty of any kind. TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, CAI DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT WILL CAI BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING TRADING LOSS, LOSS BY REASON OF SHUTDOWN IN OPERATION OR INCREASED EXPENSES OF OPERATION AND LOSS OF PROFITS, BUSINESS, BUSINESS INFORMATION, BUSINESS REVENUE, ANTICIPATED SAVINGS, WASTED EXPENDITURE, GOODWILL AND REPUTATION, ARISING OUT OF THE USE, PERFORMANCE, DUPLICATION, COMPILATION AND/OR DISTRIBUTION OF THE SITE, CONTENT AND/OR INTERNET ACCESS.
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Neither CAI nor its licensors shall be liable in any way whatsoever to you or any person, company or other entity whatsoever for any economic, financial, material, consequential, personal or other losses or damage resulting from actions or decisions based on, or as a result of, the Content provided directly or indirectly by CAI.
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CAI does not represent that the Content is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site and the Content do so on their own initiative and are responsible for compliance with all applicable laws.
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Without prejudice to paragraphs 1 to 7, CAI's aggregate liability to you for all losses or damage of any kind howsoever caused shall be limited to the aggregate total of any amount paid by you for accessing the Site, if any, for the three months preceding the first loss or damage.
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Notwithstanding any other provisions, you shall fully indemnify and keep indemnified CAI and its licensors against any and all claims, demands, liability, damages, losses, costs or expenses, including attorney fees, arising in connection with:-
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a breach of the Terms of Use of the Site by you; |
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a misrepresentation or breach of representation, warranty or covenant by you; |
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a claim that any use of the Site by you infringes any third party's intellectual property, privacy or publicity rights or is unlawful, obscene, pornographic, scandalous, blasphemous, hateful, violent, insulting, harassing, abusive, deceptive, misleading, offensive, libellous, slanderous, defamatory or racially, ethnically, sexually, religiously, politically or otherwise objectionable or otherwise causes injury or damage to any third party; |
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any authorized use of or alteration, insertion, deletion or addition to the Content by you; |
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reliance by third parties on any Content obtained through, or from, the utilisation of Content by you; or |
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the use of the Site or the use or dissemination of the Content by you. |
CAI reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall fully cooperate with CAI in asserting any available defense.
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