THE USE OF THE NASD ENTERPRISE PORTAL (NASDEP) IS AT THE SOLE RISK OF MEMBERS AND NASD PLC WILL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND RELATED TO ITS USE AND IN NO EVENT WILL NASD, OR ANY OF OUR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES BE LIABLE TO MEMBERS FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION, OR LOST PROFITS, LOST BUSINESS OR SALES, OR ANY OTHER TYPE OF DAMAGE, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), ARISING FROM MEMBERS’ USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE PORTAL OR THE CONTENT OR MATERIALS OR FUNCTIONALITY THROUGH THE PLATFORM, BY ACCESSING THIS PORTAL, YOU ARE REQUIRED TO AGREE TO THE TERMS OF SERVICE AND PRIVACY POLICY.