You agree to indemnify, defend, and hold harmless Sky Trade, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site, any user postings made by you, your violation of any of these Terms, or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Sky Trade reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Sky Trade in asserting any available defenses.
Without prejudice to any other provision in the Terms, you agree to fully indemnify Sky Trade for the full amount of all damages, expenses, losses, compensation, demands, actions, liabilities, fines, costs (including legal costs) and/or any other sum of whatever nature which, for any reason whatsoever, Sky Trade incurs or pays to any clients, employees, agents and/or representatives and/or any third party (including own legal costs) or authority (whether pursuant to any court order or by way of any settlement which Sky Trade, acting reasonably in all the circumstances including the costs, risks and time involved in fighting any claim, agrees to pay or otherwise), as a result directly or indirectly in whole or part of:
- any your claims relating to your use of the Site; and/or
- any breach of any nature whatsoever by you of your obligations expressed or implied under the Terms; and/or
- any your act(s) and/or default(s) and/or any person(s) provided or used (directly or indirectly) by you (including employees, agents, suppliers and sub-contractors); and/or
- any your access to the Site.
The indemnity in clause shall survive and remain in full force and effect after the termination (for whatever reason) or expiry of the Terms.
To the full extent permissible by applicable law, Sky Trade makes no, and hereby disclaims all, representations or warranties of any kind, expressed or implied, as to the availability, operation and use of the Site or the information, content, materials or services on or accessed via the Site, including but not limited to the warranty of merchantability, fitness for a particular purpose, title and non-infringement. Neither the Site, nor any information, content, materials, or services available via the Site, constitutes or is intended to constitute, or should be construed as, a solicitation or any offer to buy any asset, investment advice or a recommendation or promotion of any transaction or other financial product, investment manager, or trading or investment strategy. In addition, Sky Trade does not represent or warrant that the information accessible via the Site is accurate, complete, reliable or current and is not responsible for any errors or omissions therein or for any adverse consequences resulting from your reliance on any aspect of the Site. Further, Sky Trade makes no representations and warranties that the Site will be uninterrupted, secured, or free of errors or viruses, or other harmful components.
In no event shall Sky Trade or its affiliates, or the directors, officers, employees, agents or representatives be liable to you or any third party for damages of any kind arising out of the use of, access to, reliance on, inability to use or improper use of the Site, any information, content, materials or services available on the Site (including, but not limited to, any direct, indirect, special, punitive, incidental or consequential damages or damages for loss of profits, goodwill or revenue, business interruption, or loss of data), even if advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise.
Notwithstanding any other provision of the Terms, Sky Trade shall be entitled to take any action that Sky Trade considers necessary to ensure compliance with any applicable legislation and regulations. In the event of a conflict between any provision of the Terms and any relevant legislation and regulations, the relevant legislation and regulations shall prevail.