Metal Bulletin Limited
FURTHER USAGE RESTRICTIONS
Customer agrees that it shall not knowingly or negligently license, or allow access to the Information to, any third party for use in any product that displaces a service directly supplied by the Supplier which includes the Information, or for any other commercial purposes other than use as part of the TR Services.
WITHOUT PREJUDUCE TO THE REMAINING PROVISIONS OF THIS CLAUSE, CUSTOMER AGREES THAT THEIR USE OF ANY CONTENT IS AT THEIR SOLE RISK AND ACKNOWLEDGE THAT ALL INFORMATION IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE CONTENT IS MADE AVAILABLE AS GENERAL INFORMATION AND ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION FORMING PART OF THE INFORMATION IS NOT INTENDED FOR TRADING OR TO ADDRESS YOUR PARTICULAR REQUIREMENTS. THE INFORMATION DOES NOT CONSTITUTE ANY FORM OF ADVICE, RECOMMENDATION OR ARRANGEMENT BY THE SUPPLIER (INCLUDING, WITHOUT LIMITATION, INVESTMENT ADVICE OR AN OFFER OR SOLICITATION TO BUY OR SELL ANY SECURITY, FINANCIAL PRODUCT OR OTHER INVESTMENT) AND IS NOT INTENDED TO BE RELIED UPON BY USERS IN MAKING (OR REFRAINING FROM MAKING) ANY SPECIFIC INVESTMENT OR OTHER DECISIONS. APPROPRIATE INDEPENDENT ADVICE SHOULD BE OBTAINED BEFORE MAKING ANY SUCH DECISION. THE INFORMATION MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION. SAVE AS PROVIDED IN THESE TERMS, NEITHER THE SUPPLIER NOR THEIR LICENSORS AND/OR REPRESENTATIVES MAKE ANY REPRESENTATIONS OR WARRANTIES AND, TO THE FULLEST EXTENT ALLOWED BY LAW, EXCLUDE ALL IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF SATISFACTORY QUALITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE) REGARDING (A) THE SUITABILITY OF THE INFORMATION; (B) THE ACCURACY, AVAILABILITY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE INFORMATION; OR (C) THE RESULTS OBTAINED FROM ACCESSING AND USING THE INFORMATION. FURTHER, THE SUPPLIER DOES NOT REPRESENT OR WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (B) DEFECTS WILL BE CORRECTED; NOR (C) THE SITES, THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Neither the Supplier, TR and the TR Group, or any of their representatives will be liable to the Customer for any incidental, punitive, indirect, special or consequential damage, loss or expenses, including but not limited to any loss of business, contracts, revenue, or profits, any business interruption, security breach, loss of data, loss of goodwill or reputation or other pecuniary loss suffered by a Customer, even if such Customer or any of their representatives have been advised of their possible existence.
Neither the Supplier, nor any of their representatives will be liable to TR nor to the Customer(s) for any direct damage loss or expenses arising from loss of customers, loss of profits, loss of anticipated profits or loss of savings security breach or loss of data.
Neither the Supplier nor their representatives shall be liable to TR and its Customer(s) for any direct or indirect damage, loss or expenses suffered by TR or its Customer(s) as a result of:
i. any viruses, worms, "Trojan horses" or similar programs, denial of service attack, spamming or hacking or consequential damages or any claim against the Supplier by any other party; or
ii. any fault, inaccuracy, omission, delay or any other failure in the delivery of the Information caused by TR’s or the Customer’s computer equipment or arising from the use of the Services on such equipment; or
iii. any inaccuracies or errors in or omissions from any information including, but not limited to, quotes and financial data; or
iv. any delays, interruptions or short-term or immaterial errors in the transmission or delivery of the information; or
v. any additions, deletions or changes made to the information at any time.
To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under this Agreement including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this Clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.
Prices and other information contained in the Service have been obtained by the Supplier from various sources believed to be reliable. This information has not been independently verified by the Supplier. Those prices and price indices that are evaluated or calculated by the Supplier represent an approximate evaluation of current levels based upon dealings (if any) that may have been disclosed prior to publication to the Supplier. Such prices are collated through regular contact with producers, traders, dealers, brokers and purchasers although not all market segments may be contacted prior to the evaluation, calculation, or publication of any specific price or index. Actual transaction prices will reflect quantities, grades and qualities, credit terms, and many other parameters. The prices are in no sense comparable to the quoted prices of commodities in which a formal futures market exists.
Evaluations or calculations of prices and price indices by the Supplier are based upon certain market assumptions and evaluation methodologies, and may not conform to prices or information available from third parties. There may be errors or defects in such assumptions or methodologies that cause resultant evaluations to be inappropriate for use. Customer’s use or reliance on any prices or other information published by the Supplier is at Customer’s sole risk. Neither the Supplier nor their providers of information make any representations or warranties, express or implied as to the accuracy, completeness or reliability of any advice, opinion, statement or other information forming any part of the published information or its fitness or suitability for a particular purpose or use. Neither the Supplier, nor any of their officers, employees or representatives shall be liable to any person for any losses or damages incurred, suffered or arising as a result of use or reliance on the prices or other information contained in this publication, howsoever arising, including but not limited to any direct, indirect, consequential, punitive, incidental, special or similar damage, losses or expenses.
The Supplier is not an investment adviser, a financial adviser or a securities broker. The information published has been prepared solely for informational and educational purposes and is not intended for trading purposes or to address Customer’s particular requirements. The information provided is not an offer to buy or sell or a solicitation of an offer to buy or sell any security, commodity, financial product, instrument or other investment or to participate in any particular trading strategy. Such information is intended to be available for Customer’s general information and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Customer’s investment actions should be solely based upon Customer’s own decisions and research and appropriate independent advice should be obtained from a suitably qualified independent adviser before any such decision is made.
The Supplier will not be liable in contract or tort or otherwise for:
a) any indirect, consequential or special losses of the Customer, or third party even if such party has been advised of the possibility of such indirect, consequential, or special losses;
b) the acts or omissions of third parties.