Vex Securities ATS Terms of Use and Privacy Policy

ACCESS TO AND USE OF THIS WEBSITE IS GOVERNED BY THE FOLLOWING TERMS OF USE (THE “TERMS OF USE”):

ACCESS-BINDING AGREEMENT

Subscriber acknowledges and agrees that the use of the website, www.vexsecurities.com, including any and all information, statements, materials, articles, research, data, software, links to third party websites, products and services made available on or accessible through this website (collectively, “Content,” and together with this website, the “Site”), is conditioned on Subscriber’s adherence to the following terms and conditions (the “Terms of Use”) and that such acceptance creates a valid and binding contract between the subscriber (“Subscriber”) and Vex Securities, LLC. (“Vex Securities”). The Terms of Use are in addition to the terms of any other subscriber, participant or other agreement Subscriber may have with Vex Securities or its affiliates and are not intended to modify or supersede the terms of such agreement, which agreement, in the event of any conflicting terms, will govern. By using the Site and the Content, Subscriber further agrees: (a) to comply with U.S. law regarding the transmission of any information through the Site; (b) not to use the Site for illegal purposes; and (c) not to interfere with, trespass on or disrupt the networks or computers and equipment connected to the Site. If, at any time, Subscriber does not wish to accept the Terms of Use, Subscriber must discontinue use of the Site and any Content obtained from the Site.

NO OFFER, SOLICITATION OR RECOMMENDATION

The fact that Vex Securities has made or may make Content available on or accessible through the Site does not constitute a representation by Vex Securities that any such Content is suitable or appropriate for Subscriber. The Content is for Subscriber’s private information and Vex Securities is not soliciting any action based on it. The Content is not to be construed as a recommendation or an offer to buy or sell, or the solicitation of an offer to buy or sell, or to enter into any transaction in respect of, any security, financial product or other instrument. Although the information contained in the Content is obtained or compiled from or based upon information that Vex Securities considers reliable, Vex Securities does not represent that such information is accurate, current or complete. Vex Securities does not undertake to advise Subscriber of changes in any of the Content and Subscriber should note the date of publication of each component of the Content. Subscriber acknowledges that: (a) the Site is provided for informational purposes only; (b) the Site may include information taken from third-party sources; and (c) any reliance on any portion of the Content shall be at Subscriber’s sole risk. The Content may not be used for any illegal purpose or in any manner inconsistent with the Terms of Use. The Content may not be used in any manner that would subject Vex Securities or its affiliates to any registration requirements in any jurisdiction or country. Subscriber may not display any Content in any way that creates a misimpression or likelihood of confusion that such Data is from any source other than Vex Securities.

LEGAL, TAX AND OTHER CONSIDERATIONS

Subscriber acknowledges that none of the Content made available on or through the Site constitutes business, financial, investment, hedging, trading, legal, regulatory, tax, accounting or other advice. Subscriber further acknowledges that certain legal and tax considerations, margin requirements, fees and other transaction costs may significantly affect the economic consequences of the transactions effected by Subscriber on or through the Site, and Subscriber should review such requirements and costs carefully with Subscriber’s business, legal, tax, accounting and other advisors.

INTELLECTUAL PROPERTY

The Site, including the Content, is owned by Vex Securities or its licensors, and is protected under the copyright, trademark, data misappropriation, unfair competition, and other intellectual property laws of the United States and other countries, as well as by international treaties and conventions. Third-party trademarks and service marks are the property of their respective owners. All other service marks and trademarks displayed on the Site are registered and unregistered service marks and trademarks of Vex Securities. The Site is further protected as a collective work and/or compilation under U.S. copyright and other laws, treaties and conventions. Using, copying, or storing any portion of the Site for other than personal, noncommercial use without the prior written consent of Vex Securities or the relevant licensor is expressly prohibited. Subscriber will not copy, modify, sell, display, distribute, publish, transmit or otherwise disseminate the Site, or any portion thereof, to others. Subscriber agrees to abide by all applicable copyright, trademark and other intellectual property laws and with all additional copyright and trademark notices, information, and restrictions contained in any of the Content. Unauthorized use of the Site or the Content may violate applicable copyright, trademark, misappropriation or other intellectual property laws or other laws.

DISCLAIMER OF WARRANTIES

THE SITE, INCLUDING THE CONTENT, IS PROVIDED “AS IS.” VEX SECURITIES, ITS AFFILIATES AND LICENSORS, AND THEIR OFFICERS, DIRECTORS, AND EMPLOYEES (COLLECTIVELY, THE “VEX SECURITIES PARTIES”), MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, AS TO THE SITE OR ANY PORTION THEREOF OR RELATING TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. THE VEX SECURITIES PARTIES HAVE NO RESPONSIBILITY TO MAINTAIN THE SITE OR ANY PORTION THEREOF OR TO SUPPLY ANY CORRECTIONS, UPDATES, OR RELEASES THERETO. THE VEX SECURITIES PARTIES DO NOT WARRANT THAT THE SITE OR ANY PORTION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER ON WHICH IT IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SOFTWARE THEREIN IS COMPATIBLE WITH SUBSCRIBER’S EQUIPMENT. AVAILABILITY OF THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE VEX SECURITIES PARTIES HAVE ANY LIABILITY TO SUBSCRIBER OR TO ANY OTHER PERSON FOR THE QUALITY, ACCURACY, TIMELINESS, CONTINUED AVAILABILITY OR COMPLETENESS OF THE SITE OR ANY PORTION THEREOF. IN NO EVENT WILL THE VEX SECURITIES PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES THAT SUBSCRIBER OR ANY OTHER PERSON MAY INCUR IN CONNECTION WITH SUBSCRIBER’S ABILITY OR INABILITY TO USE THE SITE, OR ANY PORTION THEREOF, OR INTERRUPTION OF SERVICE, INCLUDING BUT NOT LIMITED TO, DELAYS OR INTERRUPTION OF INTERNET OR NETWORK SERVICES NOT OPERATED OR CONTROLLED BY VEX SECURITIES, OR OMISSIONS OR INACCURACIES IN SUCH INFORMATION OR MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND LOSS OF REVENUE, EVEN IF ANY OF THE VEX SECURITIES PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LINKS TO OR FROM THIRD PARTY WEBSITES

The Site may contain links to certain Internet sites sponsored and maintained by third parties. These Internet sites are not under the control of Vex Securities. In addition, third party sites may contain links to the Site. Vex Securities is not responsible or liable for, and makes no representations or warranties, concerning the content of any such third party sites. The fact that Vex Securities has provided a link to a third party site, or that a third party site has provided a link to the Site, does not constitute an endorsement, authorization, sponsorship, or affiliation by Vex Securities with respect to that site, its owners, or its providers and Subscriber accesses that site and any services or information provided therein at Subscriber’s own risk. Vex Securities is not responsible or liable for, and makes no representations or warranties with respect to, any particular information, software, products, services or content found on any of the linked sites, including appropriateness of any products, services or transactions described therein.

INDEMNIFICATION

Subscriber agrees to indemnify the Vex Securities Parties from and against any and all losses, liabilities, judgments, fines, settlements, damages and costs (including attorneys’ fees and disbursements) resulting from or arising out of any suits, actions, claims, demands, investigations, hearings or similar proceedings (collectively, “Proceedings”) to the extent such Proceedings are based on or result from Subscriber’s ability or inability to use the Site or any portion thereof, or any data, information, service, report, analysis or publication Subscriber derives therefrom.

COMPUTER VIRUSES

Vex Securities shall not be liable for any harm caused by the transmission through access or use of the Site of a computer virus or other electronically transmitted code or programming device that might be used to access, damage, modify, delete, corrupt, disable, disrupt or otherwise impede in any manner the operation of the Site or the information contained therein, or any of Subscriber’s hardware, software, data or property. Further, Subscriber will not introduce into the Site any code, malicious or hidden procedures, routines or mechanisms that would permit other subscribers access to the Site or to enable or impair its operation (sometimes referred to as “viruses”, “traps”, “access codes” or “trap door devices”), nor will Subscriber access the Site to gain any unauthorized access to any computer system operated by Vex Securities or any of its affiliates.

TERMINATION AND MODIFICATIONS TO TERMS OF USE

Vex Securities reserves the right without notice, at its sole discretion, to terminate, change, modify, add or remove any portion of these Terms of Use, in whole or in part, or to charge fees for access to portions of the Site or the Site as a whole. Please continue to review these Terms of Use whenever accessing or using the Site. Subscriber’s use of the Site after the posting of changes, modifications, additions or deletions to these Terms of Use will constitute Subscriber’s acceptance of these Terms of Use, as modified. Vex Securities may modify these Terms of Use from time to time; accordingly, Subscriber agrees to periodically review the Terms of Use when accessing the Site or viewing the Content for updates that may affect Subscriber’s rights and responsibilities, and to be bound by any such modifications as of the date such modifications are first posted to the Site. Vex Securities expressly rejects any terms and conditions proposed by Subscriber which are in addition to or which conflict with the terms and conditions herein and such proposed terms and conditions shall be of no force or effect.

GOVERNING LAW; SEVERABILITY

Any dispute, controversy or claim arising out of or related to the Site or these Terms of Use shall be governed by and interpreted under the laws of the State of California (excluding any rules of law that would lead to the application of the laws of any other jurisdiction). Subscriber agrees to submit to the jurisdiction of the state and federal courts in California in respect of litigation arising out of or related to Subscriber’s use of the Site or with respect to these Terms of Use, waiving all affirmative and legal defenses in respect of jurisdiction, forum and venue. If any provision of these Terms of Use 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.

CONFIDENTIALITY AND USE OF PERSONAL INFORMATION

Vex Securities will endeavor to maintain the confidentiality of personal information Subscriber provides in connection with the use of the Site and the services provided herein. Nonetheless, Subscriber acknowledges and agrees that any such information that is sent via the Internet may not be protected and there can be no assurance that such information will remain confidential. In addition, Subscriber acknowledges and agrees that, subject to applicable law, Vex Securities may disclose Subscriber’s name and other personal and financial information about Subscriber or Subscriber’s account(s) to its employees, representatives, officers, directors, agents and affiliates, or to any governmental or regulatory authority or self-regulatory organization, or to any third party service provider, (a) in connection with the offering, maintenance or administration of the Site or the services provided therein; (b) to comply with applicable laws, rules, orders, subpoenas or requests for information by governmental or regulatory authorities or self-regulatory organizations; or (c) for any other purpose described in any other subscriber, participant or other agreement Subscriber may have with Vex Securities or its affiliates or in Vex Securities’ “Privacy Policy.” Vex Securities has contractual relationships with one or more technology and operational support service providers, including, but not limited to, Vex Holdings, Inc. and Fundamental Interactions Inc. Any agreements with those parties contain provisions protecting confidential customer information.

PRIVACY POLICY

Vex Securities, LLC (“Vex Securities”) will endeavor to store personal information transmitted by you in connection with your use of the Vex Securities website (the “Site”) in a secure environment that is suitable to the types of information being processed. Access to this information is restricted to personnel who have a need to know such information in order to provide you the products and services presented on or accessed via the Site or who otherwise need to utilize this information in accordance with the provisions of this Privacy Policy. (References to “you” and “your” are references to you and/or your employer, as appropriate in the context.) Further, for the avoidance of doubt, the Privacy Policy of Vex Securities (located at [●]) is incorporated herein by reference.

Information which may be collected:

In order to access certain portions of the Site, Vex Securities may require you to provide certain personal information, including your name, employer, title, telephone number and e-mail address. Without this required data, we may not be able to proceed with your request, instructions or other requirements.

While you are within the Site our Web servers may recognize, among other things, your: (a) domain name; (b) ISP’s domain name; (c) IP address; (d) browser type; and (e) operating system.

We may also record certain “clickstream” information regarding your activity within the Site (including, for example, which pages you view when accessing the Site). Additionally, telephone conversations and electronic communications, such as e-mails and instant messaging, between you and Vex Securities in connection with your use of the Site may be recorded.

While you are within the Site, our Web servers may also place cookies on your computer in order to recognize you as a Vex Securities Site user, to track your use of Vex Securities products and services and your acceptance of terms of use, disclaimers and similar matters.

How your information may be used by Vex Securities:

Information collected from you and recorded about you in connection with your use of the Site, including all clickstream information, telephone conversations and electronic communications, may be retained by Vex Securities and associated with your name and other information collected about you by Vex Securities.

Such information may be used by Vex Securities or its agents: (a) in order to allow us to provide you with the products and services included within or accessible from the Site; (b) in order for us to provide you with access to or from other Web sites or services which contain additional, and sometimes co-mingled products and services; (c) for system development purposes, (d) in connection with any subscriber, user or customer agreement (“Subscriber Agreement”) between you and Vex Securities or as otherwise agreed by you; (e) in connection with our client management systems; and (f) to satisfy legal and regulatory compliance requirements (collectively, “permitted uses”).

To whom and where information may be disclosed:

We may transfer or disclose your personal information to other entities as contemplated by the permitted uses. For instance, we may disclose your personal information to our agents or other third parties who are contracted to perform services on behalf of Vex Securities, such as those who assist Vex Securities in bringing you the Site and providing you with certain services, features and functionality included within or accessible via the Site. Vex Securities or its affiliates may also be required to disclose your personal information to governmental or regulatory authorities or self-regulatory organizations in response to regulatory inquiries or to comply with applicable laws, rules, regulations, orders, subpoenas or other legal processes.

Vex Securities may provide or license to third parties trading or other data reflecting, for example, the activity of users of the Site or the use of products or services offered, but Vex Securities will not identify you as the source of such data.

Consent:

By using the Site and providing any information that may be required, invited or otherwise collected by us as set out above, you freely consent to Vex Securities and its affiliates using your information or disclosing your information to third parties for the purposes set out herein.

Revisions to this Privacy Policy:

Vex Securities may revise this Privacy Policy or the Privacy Policy located at this page at any time at its sole discretion, and you should review this Privacy Policy whenever accessing or using the Site. Your use of the Site after the posting of any such revisions to the Privacy Policy will constitute your acceptance of such revisions.

How to Contact Us:

Should you have any questions or concerns about the information we hold about you, or if you want to withdraw your consent, please contact us at support@vexsecurities.com and put “Privacy Policy” in the subject line.