|
OPTIONS PRICE REPORTING AUTHORITY
ELECTRONIC FORM OF
SUBSCRIBER AGREEMENT
IMPORTANT NOTICE: THIS SUBSCRIBER AGREEMENT (THIS "AGREEMENT") IS AN AGREEMENT BETWEEN YOU AND
TIAA-CREF Brokerage Services FOR YOU TO RECEIVE INFORMATION PUBLISHED BY THE OPTIONS PRICE
REPORTING AUTHORITY ("OPRA"). PLEASE READ THIS AGREEMENT CAREFULLY. AFTER YOU HAVE READ
THIS AGREEMENT, PLEASE INDICATE YOUR AGREEMENT TO BE BOUND BY ITS TERMS AND CONDITIONS BY
CLICKING ON THE "I AGREE" BUTTON AT THE END. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS,
YOU WILL BE UNABLE TO RECEIVE THE INFORMATION.
By completing and submitting this Agreement, you are applying to receive from
TIAA-CREF Brokerage Services ("Broker/Dealer") a market data service (the "Service")
providing access to current options last sale and quotation information and related
information ("OPRA Data") published by OPRA pursuant to a Plan declared effective
by the Securities and Exchange Commission. In reviewing and approving this Agreement,
Broker/Dealer is authorized to act on behalf of the "OPRA Participants",
which are those national securities exchanges who, from time to time, are parties to
this Plan. The person who acts from time to time as data processor on behalf of OPRA
is referred to herein as "OPRA's Processor".
By completing and submitting this Agreement and clicking on the "I agree" button at the
end of this Agreement, you are consenting to enter into this Agreement in electronic
form. You have the right to withdraw your consent by terminating this Agreement and
your receipt of the OPRA Data. Your right to terminate this Agreement and your receipt
of the OPRA Data, and the procedure you must follow to do so, are described in paragraph
6 below. If any information needed to contact you electronically changes, the procedure
for notifying Broker/Dealer is described in paragraph 11 below. If you wish to have a
copy of this Agreement in paper form and you are unable to print a copy on your own
computer system, Broker/Dealer will provide you with a paper copy at no charge upon
its receipt of your request transmitted as described in paragraph 11. You may access
a copy of this Agreement electronically at no charge, if your access to OPRA Data is
from a device capable of receiving text, by following the steps below:
Go to the site login page where you will find a disclaimer that reads: "As your agreement
for the receipt and use of market data provides..."
Click on the underlined word "agreement"
Click on the Options Price Reporting Authority link, this will bring up the text of the
OPRA agreement
Print the agreement either by right-clicking directly in the window or going to File | Print
in the top menu bar
At the beginning of the exchange agreement process you were provided with a definition
of the term "Nonprofessional". If you are a Nonprofessional under this definition, OPRA's
charges to Broker/Dealer for your use of the OPRA Data may be subject to a cap, and you
may be entitled to pay lower fees to Broker/Dealer.
You hereby represent and agree as follows:
1. Your full name and address are:
2. You shall receive the Service and the OPRA Data included therein solely for your own
business or personal use, and you shall not retransmit or otherwise furnish the OPRA Data
to any person, other than your own employees on devices that are subject to the control
of Broker/Dealer. If you are a Nonprofessional and have completed the Addendum for
Nonprofessionals, you are only permitted under this Agreement to use the OPRA Data for
your own personal investment activities.
3. You acknowledge that OPRA Data is and shall remain the property of the OPRA Participant
on which a reported transaction took place or a reported quotation was entered.
4. DISCLAIMER OF LIABILITY -- NEITHER BROKER/DEALER, OPRA, OPRA'S PROCESSOR NOR ANY OPRA
PARTICIPANT GUARANTEES THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF ANY OF THE
OPRA DATA SUPPLIED TO YOU HEREUNDER AND NEITHER VENDOR, OPRA, OPRA'S PROCESSOR NOR ANY
OPRA PARTICIPANT SHALL BE LIABLE IN ANY WAY, TO YOU OR TO ANY OTHER PERSON, FOR ANY LOSS,
DAMAGES, COST OR EXPENSE WHICH MAY ARISE FROM ANY FAILURE OF PERFORMANCE BY VENDOR, OPRA,
OPRA'S PROCESSOR OR ANY OPRA PARTICIPANT, OR FROM ANY DELAYS, INACCURACIES, ERRORS IN OR
OMISSIONS OF, ANY OF THE OPRA DATA OR IN THE TRANSMISSION OR DELIVERY THEREOF, WHETHER
OR NOT DUE TO ANY NEGLIGENT ACT OR OMISSION ON THE PART OF BROKER/DEALER, OPRA, OPRA'S
PROCESSOR OR ANY OPRA PARTICIPANT. IN NO EVENT SHALL BROKER/DEALER, OPRA, OPRA'S PROCESSOR
OR ANY PARTICIPANT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES,
INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES, OR DAMAGES RESULTING FROM
INCONVENIENCE OR LOSS OF USE OF THE SERVICE.
5. The terms of this Agreement may be modified at any time upon notice to you. If you
do not assent to this Agreement as modified at or prior to the time you next attempt to
access the Service, this Agreement shall automatically be terminated. This Agreement
as modified shall apply to your use of the Service from and after the date of the modification.
6. Your receipt of the OPRA Data hereunder may be terminated at any time by you or
by Broker/Dealer upon 30 days notice from the terminating party to the other party, and
may be terminated immediately upon a determination by Broker/Dealer or OPRA that you are
not in compliance with this Agreement.
7. Nothing herein shall be deemed to prevent or restrict OPRA, OPRA's Processor or any
OPRA Participant from discontinuing to furnish OPRA Data for dissemination or from making
such changes in the speed of transmission, the characteristics of the electrical signals
representing the OPRA Data or the manner of disseminating the same, as OPRA shall from
time to time determine to be appropriate, with or without notice to you. You shall not
hold OPRA, OPRA's Processor, or any OPRA Participant liable for any resulting liability,
loss or damage that may arise therefrom.
8. You agree to notify Broker/Dealer promptly of any changes in the information provided
herein and to furnish Broker/Dealer any additional information requested by it in connection
with your receipt of the OPRA Data.
9. The parties acknowledge and agree that this Agreement is for the express benefit of OPRA,
OPRA's Processor and each OPRA Participant.
10. The provisions of Sections 3, 4 and 9 will survive any termination of this Agreement
and will remain in full force and effect.
11. All notices under this Agreement will be provided in writing. All written notices
to Broker/Dealer shall be sent to your financial advisor, who is your Broker/Dealer and
all such notices to you shall be sent to the street address that you provide in paragraph 1.
IF YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH ABOVE, PLEASE CLICK ON THE "I AGREE"
BUTTON BELOW. By clicking on the "I AGREE" button below and typing in your name as
indicated above, you agree that:
i) you have read and you understand all of the terms and conditions set forth above; and
ii) you intend to form a legally binding and valid contract under which you will be bound
by all of the terms and conditions set forth above.
|
