Terms of Use - Website (the “Terms”)
By accessing this website operated by Alpha Trading Systems Limited Partnership (“Alpha Systems”) and Alpha ATS L.P. (“Alpha ATS”) (the “Web Site”) and/or using the services provided through this Web Site (“Services”), you agree to comply with and be legally bound by the following Terms. If you do not agree with the Terms of these Terms do not access this Web Site or use the Services.

Definitions
“Access Device” means any device you use to access the Services, including, but not limited to telephone, cellular or portable telephone, personal computer, intelligent terminal, similar or other device.

“Alpha Group” means Alpha Trading Systems Limited Partnership, Alpha Trading Systems Inc., Alpha ATS L.P. and Alpha ATS Inc. or any of their affiliates.

“Information Provider” means any entity providing Alpha Group, either directly or indirectly, with the securities or market data or information, including any third parties that provide, from time to time, any data, application or other web services or information included on the Web Site.

“Quotation” means any request through the Services for stock, option, index, or other security or market quotations, including bid/ask/last price/changes, charting and analysis.

“Services” means:

• access to Quotations, securities and market data, or other information using the Web Site or other on-line or internet connection, including without limitation, the Services provided in connection with these Terms (collectively the “Information”);
• the facility to send communications using the Web Site or other similar on-line or internet connection to Alpha Group.

Rights and Restrictions Alpha Group grants to you a limited, non-transferable, non-exclusive license to view, copy and print the material on the Web Site for your non-commercial or personal use only. All copies and print outs must retain all copyright and similar notices as included on the Web Site. Except as provided above, you may not use, distribute, transmit, republish, redesign, revise, reverse engineer, or create derivative works of the Web Site content without the written permission of Alpha Group. This Web Site and its contents, both the individual elements and the collective work, are protected by copyright, and by trade mark law, patent law and all other applicable laws.

Market Information
All market information, including Quotations, are provided by Alpha Group and its Information Providers for informational purposes only and are not intended to facilitate trading. Please review each additional page for additional terms of use or disclaimers. Alpha Group and its Information Providers do not guarantee the accuracy, completeness or sequence of any of the Quotations or other market information and are not liable for any errors, inaccuracy or delays in relation to such Quotations or market information. By utilizing the Quotations and market information you agree that Alpha Group and its Information Providers are not liable for any damages, costs, or losses incurred through your reliance on the Quotations or other market information. All Quotations will be delayed at least ten (10) minutes.

Security
You will not access or attempt to access, nor permit any person to access or attempt to access, any restricted areas of any computer or telecommunications system of Alpha Group, its associates, suppliers or Information Providers without the Alpha Group’s consent. You will not perform, nor will you permit any person to perform, any functions not authorized by Alpha Group pursuant to these Terms or otherwise. Alpha Group has implemented reasonable procedures to protect against loss, misuse or interception of information by third parties however you acknowledge that complete confidentiality and security is not guaranteed. Alpha Group does not accept any responsibility for such loss, misuse or interception.

No Advice
The information provided on this Web Site is intended for informational purposes only and is not intended to constitute financial, accounting, legal or tax advice.

No Solicitation
Nothing on this Web Site constitutes a solicitation or offer by Alpha Group to buy or sell products or services of any kind whatsoever including without limitation securities or any other financial instrument of any issuer.

Advertising/Hyperlinks Are Not Endorsements
Advertisements or links to other web sites or references to products, services or publications other than those of Alpha Group on this Web Site do not imply the endorsement or approval of such web sites, products, services or publications by Alpha Group. Alpha Group makes no representations or warranties with respect to, and is not responsible or liable for, these web sites products, services or publications.

Information Sources and Information Providers
Some of the information on this Web Site originates from various Information Providers. While Alpha Group believes these sources to be reliable, neither Alpha Group nor the Information Providers guarantee the accuracy, completeness or sequence of any such information. You acknowledge that the information may include views, opinions, and recommendations but that neither Alpha Group nor the Information Providers endorse such views or opinions, or give investment, tax, accounting or legal advice, or recommend the purchase or sale of any security. Continued availability of the information at the stated prices or at all cannot be assured. As well, the length of delay for information may increase at any time without notice. The Information Providers have legal rights in relation to the information provided by them, including copyright and trade-mark rights. The Information Providers may enforce those rights directly against you by legal proceedings or other appropriate means.

Accuracy and Changes to the Information
Information provided on this Web Site is believed to be accurate at the time it is posted. However, this Web Site could include inaccuracies, typographical errors, or out-of-date Information. Changes may be made at any time to the information without prior notice.

Disclaimer of Warranty and Limitation of Liability
THE INFORMATION ON THIS WEBSITE IS FOR INFORMATION PURPOSES ONLY. YOUR USE OF THE SERVICES AND THE WEB SITE IS AT YOUR OWN RISK. ALPHA GROUP DOES NOT WARRANT THE ACCURACY, COMPLETENESS, QUALITY, ADEQUACY, AVAILABILITY OR CONTENT OF ANY INFORMATION OR SERVICES ON THIS WEB SITE. THE INFORMATION AND SERVICES, THE WEB SITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ALPHA GROUP DOES NOT WARRANT THAT THE WEB SITE OR ANY FILES OR SOFTWARE DOWNLOADED FROM THIS WEB SITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.

NEITHER ALPHA GROUP NOR ANY INFORMATION PROVIDER SHALL BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (COLLECTIVELY “DAMAGES”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OR INABILITY TO USE THE WEB SITE, SERVICES OR INFORMATION CONTAINED ON THE WEB SITE, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, TRADING LOSSES, POTENTIAL PROFITS, LOSS OF DATA, DAMAGE AS A RESULT OF VIRUSES, ERRORS, INACCURACY OF DATA, EVEN IF ALPHA GROUP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE REASONABLY FORESEEABLE. THIS LIMITATION OF LIABILITY WILL APPLY EVEN IF THE DAMAGES ARE A RESULT OF THE NEGLIGENCE, FAULT OR WRONGDOING OF ALPHA GROUP, THE INFORMATION PROVIDERS OR ANYONE FOR WHOM ALPHA GROUP OR THE INFORMATION PROVIDERS ARE RESPONSIBLE. THIS LIMITATION OF LIABILITY APPLIES TO YOU TO THE GREATEST EXTENT THAT APPLICABLE LAW PERMITS REGARDLESS OF THE BASIS OF THE ACTION INCLUDING CONTRACT, TORT OR OTHER BASIS.

Indemnification
You agree to indemnify and hold harmless Alpha Group and the Information Providers from any and all claims, losses, liabilities and expenses (including but not limited to attorneys’ fees) arising from your use of the Web Site, Services or your breach of any or all portions of these Terms.

Your Authority to Accept these Terms
You represent and warrant that you have full authority to accept these Terms and that you are capable of assuming the risks related to the use of this Web Site and the Services. You agree that understand and accept these Terms. If you are dissatisfied with the Web Site or its contents your sole and exclusive remedy is to stop use.

Software Licensing
When you install or use any software that is downloaded from this Web Site or otherwise, it is your responsibility to comply with the provisions of any agreements, licences, other legal or technical documentation and legal requirements governing such installation or use of software.

Confidentiality
Absent the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. Alpha Group cannot ensure the privacy and authenticity of any information you send to Alpha Group or that Alpha Group sends to you over the Internet. Alpha Group will not be responsible or liable for any damages you may incur for your use or request for information over the Internet. You agree that in relation to any non-personal communication, postings, comments or materials you post or send to Alpha Group, you grant Alpha Group a, irrevocable, unrestricted license to use, reproduce, display, broadcast or post such communication for any purpose. We will not release your name or publicize that you submitted the materials unless you grant permission for us to do so or it is required by law.

Termination
You acknowledge and agree that Alpha Group may in its sole discretion restrict, change suspend or terminate your access to, and use, of all or part of the Web Site or Services at any time, for any reason, without notice to you and without liability. If these Terms or your right to use the Web Site or the Services is terminated, these Terms will nevertheless continue to apply and be binding upon you in respect of prior use of the Web Site and the Services you, and anything connected with, relating to or arising from those matters. Alpha Group reserves the right to seek all remedies available at law for violations of these Terms, including the right to block access to this Web Site.

Amendments to these Terms
These Terms are in addition to and not in substitution for any other agreements between you and Alpha Group. You agree that Alpha Group may amend these Terms at any time and without notice to you. By using the Web Site and/or Services following any amendment to these Terms, you agree to be bound by such amendment.

Applicable Jurisdiction
The information on this Web Site is intended for use by persons resident in Canada only. Any products or services mentioned on this Web Site are made available only in accordance with local law (including applicable securities laws) and only where they may be lawfully offered for sale.

Governing Law and Dispute Resolution
This Web Site is controlled by Alpha Group, whose head office is located in Toronto, Ontario , Canada . These Terms, your use of the Web Site and its content, and all matters relating thereto are governed by, and is to be construed and interpreted in accordance with the laws of the Province in Canada in which the you reside and the laws of Canada applicable therein, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. You agree to irrevocably and unconditionally attorn to the exclusive jurisdiction of the courts of the Province of Ontario in which you reside and all courts competent to hear appeals therefrom.

Waiver
No waiver of provision of these Terms by Alpha Group shall be deemed to be or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver.

Unenforceability
If any part of these Terms are found to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions, but such part shall be fully severable and these Terms shall be construed and enforced as if such invalid or unenforceable part had not been contained herein.