Registered User Agreement
Last Updated: April 5, 2016
This Registered User Agreement (this “Agreement”) is a legal agreement between you (on your own individual behalf, and, if using this website (the “Site”) as an employee or agent of an entity, on behalf of the entity for which you are acting) (you together with the entity, if applicable, “you”) and The Depository Trust & Clearing Corporation (“DTCC”). The Depository Trust & Clearing Corporation, together with its affiliates, shall be referred to herein as “the DTCC Companies.” This Agreement governs your access and use of the Site and the content, including (without limitation) the information, reports, graphics, tools, databases and other materials displayed on the Site (collectively, the “Content”).
BY CHECKING “I AGREE” AND CLICKING “SUBMIT”, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND, IF APPLICABLE, THAT YOU HAVE THE AUTHORITY TO BIND THE ENTITY ON WHOSE BEHALF YOU ARE USING THE SITE.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR YOU DO NOT HAVE THE AUTHORITY TO BIND THE ENTITY ON WHOSE BEHALF YOU ARE USING THE SITE, YOU MAY NOT ACCESS OR USE THOSE PORTIONS OF THE SITE THAT ARE AVAILABLE TO REGISTERED USERS.
Use of the Site and Content
DTCC, on behalf of itself and each of the DTCC Companies (as applicable), hereby grants you a personal, limited, non-exclusive, non-transferrable, fully revocable license to access and use the Site and the Content, subject to the terms and conditions of this Agreement.
You will not, without the prior written permission of DTCC, reproduce, publish, redistribute, broadcast or retransmit the Content, frame or link to any part of the Content, database or archive the Content, create any derivative works from the Content, or use the Content to compete with or in a manner otherwise adverse to the DTCC Companies. Without limiting anything herein, you will not use any data included in the Content in the calculation of an index or as the basis of any financial instrument or investment product that is based on or seeks to match the performance of the values included in the data.
You will not use any automated device, computer program, tool, algorithm, bot or similar process or a manual process with similar effect to mine or systematically scrape, extract, copy or monitor the Site or the Content. You will not take any action that imposes an unreasonable or disproportionately large load of traffic or other burden to the Site or technology infrastructure of the DTCC Companies. You will not interfere with any other persons’ use or enjoyment of the Site or the Content.
You may be required to execute a separate written agreement with one or more of the DTCC Companies in order to access certain Content on the Site. In the event that you have entered into a separate written agreement with any of the DTCC Companies regarding your access to, use, and distribution of the Content, the terms of such agreement will govern in the event of a conflict with the terms of this Agreement.
Intellectual Property Rights
The Site and the Content are the property of the DTCC Companies and their third-party licensors and are protected by applicable copyright and other intellectual property laws. All rights not expressly granted to you in this Agreement are reserved by the DTCC Companies, as applicable. The Depository Trust & Clearing Corporation, DTCC, and all other names, logos, and icons identifying DTCC, any of the DTCC Companies or any of the DTCC Companies’ products or services are the trademarks or service marks of the DTCC Companies. Third-party trademarks or service marks displayed on the Site are the property of their respective owners. Nothing in this Agreement grants you a license or right to use the trademarks, names or logos of the DTCC Companies or any third party.
The Site may contain hyperlinks to third-party websites. The DTCC Companies have has no control over such third-party websites, and DTCC is not responsible for (and under no circumstances shall be liable for) the contents, policies, accuracy or reliability of any websites hyperlinked to the Site. Moreover, these hyperlinks do not imply any endorsement of any third-party, website, product or service.
DTCC may, without notice, discontinue or change any of the Site or Content at any time. Content may contain references to products, programs and services that are not announced or available in your country or region. The DTCC Companies make makes no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region.
DTCC reserves the right to view, monitor, and record activity on the Site, to the fullest extent permitted by law, without further notice to or permission from you.
Disclaimers; Limitation of Liability
THE SITE AND THE CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITH ALL FAULTS, ERRORS, DEFECTS, INACCURACIES AND OMISSIONS. ACCORDINGLY, YOUR USE OF THE SITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. None of the Content shall be considered an offer or recommendation to buy or sell or a solicitation of an offer to buy or sell any security or instrument or to participate in any particular trading strategy. None of the Content is intended to constitute investment advice or a recommendation to make (or refrain from making) any kind of investment decision and may not be relied on as such. Historical data and analysis should not be taken as an indication or guarantee of any future performance, analysis, forecast or prediction. TO ENSURE COMPLIANCE WITH INTERNAL REVENUE SERVICE CIRCULAR 230, YOU ARE HEREBY NOTIFIED THAT: (A) ANY DISCUSSION OF FEDERAL TAX ISSUES CONTAINED OR REFERRED TO HEREIN IS NOT INTENDED OR WRITTEN TO BE USED, AND CANNOT BE USED, FOR THE PURPOSE OF AVOIDING PENALTIES THAT MAY BE IMPOSED UNDER THE INTERNAL REVENUE CODE, AND (B) AS A MATTER OF POLICY, DTCC DOES NOT PROVIDE TAX, LEGAL OR ACCOUNTING ADVICE AND ACCORDINGLY, YOU SHOULD CONSULT YOUR OWN TAX, LEGAL AND ACCOUNTING ADVISOR BEFORE ENGAGING IN ANY TRANSACTION.
THE DTCC COMPANIES DO NOT MAKE, AND SPECIFICALLY DISCLAIM, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY WITH RESPECT TO ALL ASPECTS OF THE SITE. THE DTCC COMPANIES DO NOT IN ANY WAY GUARANTEE, AND SHALL NOT BE LIABLE FOR, THE ADEQUACY, QUALITY, ACCURACY, COMPLETENESS, AVAILABILITY, OR TIMELINESS OF CONTENT THAT IS MADE AVAILABLE OR OBTAINED BY WAY OF THE SITE, INCLUDING CONTENT CONTAINED THEREIN. THE DTCC COMPANIES DO NOT WARRANT THAT THE SITE OR THE CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE DTCC COMPANITES DO NOT WARRANT THAT THE SITE DOES NOT CONTAIN VIRUSES OR OTHER CODE OR CONTAMINANTS THAT MIGHT BE HARMFUL TO YOUR EQUIPMENT OR SYSTEMS.
WITHOUT LIMITING ANY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, REGARDLESS OF THE NATURE OF THE CLAIM OR THEORY OF LIABILITY, SHALL ANY OF THE DTCC COMPANTIES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, AGENTS, CONSULTANTS OR THIRD-PARTY LICENSORS, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, TRADING LOSSES, LOST TIME OR GOODWILL, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM, THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREO, OR FROM THE SITE OR THE CONTENT, THE USE PERFORMANCE THEREOF, OR ANY CONCLUSIONS OR ACTIONS BASED THEREON, EVEN IF THEY MIGHT HAVE ANTICIPATED OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Any claim that You bring relating to this Agreement or your use of the Site or the Content must be made within one (1) year of the date on which such claim accrued or will be deemed waived.
To the maximum extent permitted by law, you agree to indemnify the DTCC Companies, its affiliates, and each of their directors, managers, employees, agents and consultants (the “Indemnified Parties”) in respect of, and hold each of them harmless from and against, any and all losses, liabilities, damages, fines, penalties, deficiencies, costs or expenses, including the reasonable fees and expenses of attorneys or other experts and professional advisers suffered, incurred or sustained by any of them, or to which any of them becomes subject, as a result of, any (a) third party claim arising from or related to your use of the Site or the Content; or (b) your violation of this Agreement.
This Agreement will take effect when you check “I Agree” and click “submit” and its terms and conditions shall continue indefinitely. DTCC reserves the right, at any time, and for any reason to deny you access to the Site or any portion thereof, without notice.
Subject to applicable laws and regulations, DTCC may amend the terms of this Agreement at any time. In such case, DTCC will provide you with the opportunity to review the terms and conditions of the amended Registered User Agreement and your continued access to those portions of the Site that are available to registered users will be contingent on your agreeing to be legally bound to such terms and conditions. If you do not agree to be legally bound by the terms and conditions of a Registered User Agreement, as amended, you may not access or use those portions of the Site available to registered users.
Jurisdiction and Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. DTCC and you each agree to submit to the exclusive jurisdiction of the United States District Court for the Southern District of New York or any court of the State of New York located in the County of New York in any action or proceeding arising from or relating to this Agreement, the Site, or any of the Content.
Your use of certain areas or pages of the Site may be governed by additional or different terms and conditions (“Specific Terms”), which will be disclosed to you when you access those areas or pages. By accessing such areas or pages, you agree to be bound by the applicable Specific Terms. In the event of a conflict between the Specific Terms and this Agreement, the Specific Terms shall control for the applicable areas or pages.
Unless you have entered into a separate written agreement signed by an authorized representative of DTCC or any of the DTCC Companies, this Agreement, together with any applicable Specific Terms, constitute the entire understanding relating to the use of the Site and the Content and prevail over any prior or contemporaneous, conflicting or additional communications. The failure of DTCC to exercise or enforce any right conferred upon it by this Agreement shall not be deemed to be a waiver of any such right or operate so as to bar the exercise or enforcement thereof at any time or times thereafter. No course of conduct between any of the DTCC Companies and you or any other party will be deemed to modify any provision of this Agreement. If any provision in this Agreement is determined to be void or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
If you would like to contact DTCC regarding this Agreement, please contact:
The Depository Trust & Clearing Corporation
General Counsel’s Office
55 Water Street
New York, NY 10041