1. You may not sell, lease, furnish or otherwise permit or provide access to Investors Exchange (“IEX”) market data, which includes market data licensed from third-parties, to any other person. Any redistribution of the IEX API data is strictly prohibited.
2. You will not engage in the operation of any illegal business use or permit anyone else to use the IEX API data, or any part thereof, for any illegal purpose or violation of any IEX or SEC rule or regulation.
3. As between IEX and you, IEX has the exclusive proprietary rights in and to the IEX API data. The IEX API data, including without limitation any and all intellectual property rights inherent therein or appurtenant thereto, shall, as between IEX and you, be and remain the sole and exclusive property of IEX.
4. IEX, its officers, directors, shareholders, employees, agents and consultants shall not be liable to you or to any other person for any inaccurate or incomplete IEX API data, any delays, interruptions, errors, or omissions in the furnishing thereof, or any direct, indirect or consequential damages arising from or occasioned by said inaccuracies, delays, interruptions, errors or omissions. You understand and agree that the terms of this provision reflect a reasonable allocation of risk and limitation of liability.
5. You acknowledge that the IEX API data and all materials related to the IEX API data, are being provided “as is.” You expressly acknowledge that IEX and its third-party information providers do not make any representations or warranties with respect to the IEX API data, express or implied, including, without limitation, any implied warranties or any warranties of merchantability, quality or fitness for a particular purpose.
6. Neither IEX nor IEX’s third-party information providers shall have any liability for any damages, whether direct or indirect, whether lost profits, indirect, special, or consequential damages of you or any other person seeking relief through you relating to the accuracy of or delays or omissions in any IEX API data, even if they have been advised of the possibility of such damages. In no event will the liability of IEX or the third-party information providers or their affiliates to you or any other person seeking relief through you pursuant to any cause of action, whether in contract, tort, or otherwise, exceed the fee paid by you or any other person seeking relief through you, as applicable.
7. You agree to indemnify and hold harmless IEX, its owners, subsidiaries, affiliates, officers, directors, employees, agents, and any related Persons from any and all claims or losses imposed on, incurred by, or asserted as a result of or relating to: (a) any noncompliance by you with the terms and conditions hereof; and (b) any third-party actions related to your receipt and use of IEX API data.
8. IEX reserves all rights to the securities information contained in the IEX API data. You understand and acknowledge that such securities information does not reflect trading activity on markets other than IEX, and are intended to provide you with a reference point only, rather than as a basis for making trading decisions. IEX does not guarantee such information nor shall be liable for any loss due either to its negligence or to any cause, absent its fraud or willful misconduct.
9. IEX does not make any guarantees, representations or warranties as to, and shall have no liability for, the timeliness, truthfulness, sequence, quality, completeness, accuracy, validity or freedom from interruption of any information or data on the IEX Website. Certain aggregate volume data may not reflect data from all Members. The content on the IEX Website is not to be construed as a recommendation or offer to buy or sell or the solicitation of an offer to buy or sell any security, financial product or instrument; or to participate in any particular trading strategy.
10. By viewing or using this data or information in any manner, you understand and acknowledge that such information does not reflect trading activity on markets other than IEX, as applicable, and is intended to provide you with a reference point only, rather than as a basis for making trading decisions.
11. With respect to the TOPS data: TOPS provides near-real-time displayed and nondisplayed aggregated traded volume on IEX. TOPS provides IEX’s aggregated best quoted bid and offer position in real-time for all securities on IEX’s displayed limit order book. Non-displayed orders and the non-displayed portion of reserve orders are not represented in TOPS. The reported data represents single-counted, aggregate volume of shares traded on the Investors Exchange and does not include volume of shares routed to and executed on away trading centers. Data represents all volume traded on IEX during System Hours (8:00 a.m. to 5:00 p.m. ET), or as otherwise indicated. Market data is captured by the IEX system from approximately 7:45 a.m. to 5:15 p.m. ET.
12. With respect to Market data: Market provides near-real-time traded volume on the markets listed. The TRF (Trade Reporting Facility) data comprises volume executed on venues other than exchanges. Tape A is NYSE. Tape B is Regional. Tape C is Nasdaq. The reported data is based on UTDF and CTS consolidated data feeds. Market data is captured by the IEX system from approximately 7:45 a.m. to 5:15 p.m. ET.