PRECIOUS METALS

None of Rubyta, nor any of their or their group companies’ respective directors, officers, employees or agents (collectively the “Disclaiming Parties”) shall be liable in respect of the accuracy or the completeness of the Benchmark or the market data related thereto (“Market Data”) and none of the disclaiming parties shall have any liability for any errors, omissions, delays or interruptions in providing the Benchmark or market data. No disclaiming party makes any warranty, express or implied, as to results to be obtained by use of the Benchmark or Market Data. The Benchmark and Market Data is provided “as is” and no disclaiming party makes any express or implied warranties, conditions, guarantees or representations, with respect to the Benchmark or the Market Data and the Disclaiming Parties expressly disclaim all warranties, of merchantability or fitness for a particular purpose or use or non-infringement with respect to the Benchmark or Market Data or any data related thereto. Without limiting any of the foregoing, in no event shall any disclaiming party have any liability for any loss of profit, loss of or anticipated loss of revenue, loss of use, business interruption, loss of use of any equipment, loss of any contract or other business opportunity or goodwill or indirect, punitive, special, incidental or consequential damages, even if advised of the possibility of such loss or whether such loss otherwise would have been foreseen.

This limitation of liability shall not exclude or restrict the liability of the Disclaiming Parties or any other person:

(a) in respect of the fraud, bad faith, willful default or gross negligence of the applicable disclaiming party;
(b) in respect of personal injury or death resulting from negligence; or
(c) otherwise to the extent it cannot be excluded or restricted in accordance with applicable law.
The exclusions and limitations of liability contained herein shall apply whether:

(a) a claim arises in contract, tort, negligence, strict liability, breach of statutory duty, contribution or otherwise; or
(b) a claim is brought directly or as a third party claim.

No Advice. The Benchmark and Market Data are provided for general information purposes only and provision of the Benchmark and Market Data does not constitute legal, financial or other professional advice. No Disclaiming Party shall be responsible for any costs or damages resulting from your use or reliance of the Benchmark or Market Data, (or anybody accessing the Benchmark or Market Data via you), including but not limited to decisions relating to the sale and purchase of instruments or legal, compliance and/or risk management decisions. You agree that you access the content at your own risk in these respects.