DATA AND INFORMATION PROVIDED BY DAY TRADING EXPRESS OR ANY OF ITS AFFILIATES, THEIR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS (“DTE”) IS FOR INFORMATIONAL PURPOSES ONLY, AND IS PROVIDED BY DTE ON AN “AS IS” BASIS. DTE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND A WARRANTY FOR NON-INFRINGEMENT, WITH RESPECT TO THE DATA AND INFORMATION. IN NO EVENT SHALL DTE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES, INTERNET SECURITY BREACHES AND DAMAGES THAT MAY RESULT FROM THE USE OF THE DATA AND INFORMATION, ANY DELAY OR INTERRUPTION OF SERVICE, OR OMISSIONS OR INACCURACIES IN THE INFORMATION) WITH RESPECT TO THE DATA AND INFORMATION.

USER SHALL NOT, (I) INTERFERE WITH THE DTE SYSTEM BY USING VIRUSES OR ANY OTHER PROGRAMS OR TECHNOLOGY DESIGNED TO DISRUPT OR DAMAGE ANY SOFTWARE OR HARDWARE, (II) MODIFY, CREATE DERIVATIVE WORKS FROM, REVERSE ENGINEER, DECOMPILE OR DISASSEMBLE ANY TECHNOLOGY USED TO PROVIDE THE DTE SYSTEM, OR MAKE OR DISTRIBUTE ANY OTHER FORM OF, OR ANY DERIVATIVE WORK FROM THE SYSTEM, (III) USE ANY DEVICE OR PROCESS TO GAIN ACCESS TO PROPRIETARY INFORMATION RELATED TO THE DTE SYSTEM AND ITS SOFTWARE, (IV) ENGAGE IN ANY ACTIVITY THAT MATERIALLY INTERFERES WITH THE OPERATION OF THE TECHNOLOGY SERVICE. USER SHOULD NOT USE ANY TECHNOLOGY (NOT LIMITED TO VPN, PROXY, ETC.) KNOWN TO MASK OR HIDE COMPUTER INFORMATION AND IP ADDRESSES. USER AND AFFILIATES ARE AUTHORIZED TO USE EXCHANGE DATA. USER AND AFFILIATES MAY CREATE DERIVATIVE WORKS FROM THE EXCHANGE DATA. USER AND AFFILIATES MAY UTILIZE DERIVATIVE DATA AS NEEDED FOR TRADING PURPOSES.

FINALLY, THE USER, AS A CONDITION TO VIEWING THE DATA AND INFORMATION, EXPRESSLY WAIVES ANY CLAIM IT MAY HAVE AGAINST DTE. PLEASE NOTE THAT ACCOUNTS WITH PREFIX ‘TR’ ARE DESIGNATED AS A TRAINING ACCOUNT. ALL TR ACCOUNT’S TRADES ARE IN SIMULATION FOR TRAINING PURPOSES ONLY. CERTAIN EXCHANGE MARKET DATA FEEDS ARE 15 MINUTES DELAYED AND IS CREATED AS “AS IS” BASIS. THESE ARE THE INDICES FOR TSX, CBOE & RUSSELL AND TSX LEVEL 1. ALL OTHER FEEDS ARE DELIVERED IN REAL-TIME.