Terms and Conditions



Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

By using the SIFMA website (the "Site"), you agree to follow and be bound by these terms of use (the "Terms of Use") and agree to comply with all applicable laws and regulations. In these Terms of Use, the words "you" and "your" refer to each Site visitor, "we", "us" and "our" refer to SIFMA and "Services" refers to all products and services provided by us.

It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact us.

1. Trademarks. Securities Industry and Financial Markets Association® and SIFMA® are registered trademarks of the Securities Industry and Financial Markets Association (SIFMA).  You may not use the trademarks of SIFMA or any of the other providers of content on this website.

2. Privacy Policy. A complete statement of our current Privacy Policy is available here. SIFMA's Privacy Policy is expressly incorporated into these Terms of Use by reference.

3. SIFMA Documents. Our Site includes without limitation:  form documents, templates and agreements; legal opinions; guidelines; best practices; market data; indices; exercises; training materials; research materials; newsletters; and general information (each a "Document" and collectively, "Documents").  SIFMA makes no representations, warranties or guarantees, express or implied, as to the accuracy, completeness, timeliness, or continued availability of any Documents available through our website. SIFMA has no obligation whatsoever to correct, supplement, update, or maintain any of the Documents available through our website.

No Advice. The Documents are intended for general informational purposes only, and are not intended to provide, and do not constitute, investment, tax, business or legal advice to any individual or entity. Site visitors are urged to consult with their own advisors before taking action based on any Documents available through our website or any website to which we link.

No Attorney-Client Relationship. The Documents are not intended to create an attorney-client relationship, and your use of such documents and information does not and will not create an attorney-client relationship between you and SIFMA. 

4. Use of SIFMA Documents. If you purchase or use a Document from our Site, the terms and conditions of these Terms of Use control. You understand that your purchase and/or use of a Document is neither legal advice nor the practice of law, and that each Document and any applicable instructions or guidance is not customized to your particular needs.

License to Use. SIFMA grants you a limited, personal, non-exclusive, non-transferable license to use our Documents solely for your own personal, noncommercial use. You acknowledge and agree that you have no right to copy, modify, edit, reproduce, recompile, create derivative works from, reverse engineer, alter, enhance or in any way exploit any of the Documents in any manner.

Resale of Documents Prohibited. You agree that any Documents you purchase or use may only be used by you for your personal, noncommercial use, and may not be sold, distributed, transferred or otherwise made available to third parties without the express written consent of SIFMA.

5. Links to Third Party Sites. This Site contains links to websites controlled by parties other than SIFMA (each a "Third Party Site"). SIFMA is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites.  SIFMA makes no guarantees about the content or quality of the products or services provided by such sites. SIFMA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SIFMA of the Third Party Site, nor does it imply that SIFMA sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that SIFMA is not responsible for any loss or damage of any sort you may incur from dealing with a third party.

6. Governing Law; Waiver of Jury Trial. These Terms of Use will be governed by and construed in accordance with the laws of the State of New York applicable to contracts made and to be performed in the State, without giving effect to principles of conflicts of law. You hereby irrevocably: (a) submit to the jurisdiction of any court of the State of New York located in the City of New York or the U.S. District Court for the Southern District of the State of New York for the purpose of any suit, action, or other proceeding arising out of these Terms of Use, or your use of our Site or any Document on our Site (each, a "Proceeding"), (b) agree that all claims in respect of any Proceeding may be heard and determined in any such court, (c) waive, to the fullest extent permitted by law, any immunity from jurisdiction of any such court or from any legal

process therein, (d) agree not to commence any Proceeding other than in such courts, and (e) waive, to the fullest extent permitted by law, any claim that such Proceeding is brought in an inconvenient forum. Each party hereto hereby irrevocably waives any right that it may have to trial by jury in any Proceeding. 

7. NO WARRANTY. THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, SIFMA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

SIFMA MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. SIFMA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

8. LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD SIFMA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF SIFMA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF SIFMA, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9. Compliance with Intellectual Property Laws. When accessing the Site or using any documents or information on the Site, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of SIFMA's or any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit.

10.Linking to the SIFMA Site. You may link to content in our Site for informational purposes only as long as you agree to: (i) Use a textual URL to link to content in the Site. You may not use our logo without prior written consent; (ii) You do not frame or use any framing techniques to enclose any content on the Site; (iii) You may not imply SIFMA's affiliation or endorsement of your product or service; (iv)  SIFMA reserves the right to request the removal of any links from your site. All such requests must be granted immediately.

11. Acknowledgement. BY USING SIFMA'S PRODUCTS OR SERVICES OR ACCESSING THE SIFMA SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

For specific questions, please email inquiry@sifma.org or call 212.313.1000.

Last Updated:  December 17, 2014

 


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