Quote from Eagle Eye:
Just one more thing:
IB SHALL NOT BE LIABLE TO CUSTOMER BY REASON OF DELAYS OR INTERRUPTIONS OF SERVICE OR TRANSMISSIONS, OR FAILURES OF PERFORMANCE OF THE IB SYSTEM, REGARDLESS OF CAUSE, INCLUDING, BUT NOT LIMITED TO, THOSE CAUSED BY HARDWARE OR SOFTWARE MALFUNCTION; GOVERNMENTAL, EXCHANGE OR OTHER REGULATORY ACTION; ACTS OF GOD; WAR, TERRORISM, OR IB'S INTENTIONAL ACTS.
FWIW, if you look at most agreements for any financial data service, brokerage, etc., etc. that communicates or transacts anything electronically related to investments and trading, you will find similar legal armor.
Also, one thing to consider, in many negotiations and contracts, each side will have legal counsel that structures and reviews. In the case of a broker, a customer may have legal counsel review the customer agreement and come back with points and sections that they will not agree to or even additions. It is then up to the broker to decide if these adjustments are acceptable. This highly valuable legal protection is what most small customers simply can not afford. One possibility would be for a several players to coordinate joint legal counsel.
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