TERMS & CONDITIONS OF ACCESS AND USE
Access and use of ISDA swapsinfo.org (“ISDA swapsinfo.org,” “us,” “we,” or “the Site”) is subject to your compliance with the following terms and conditions. This document should be examined carefully before accessing or using ISDA swapsinfo.org.
Trading in swaps and derivatives should be engaged in only by those who possess sophistication and expertise in the financial markets and the ability to undertake the risk inherent in such transactions. ISDA swapsinfo.org does not provide legal or financial advice or guidance as to whether to engage or not to engage in any specific commercial transaction(s). This Site is designed for educational purposes only. It is not meant to be a substitute for legal advice from an attorney, whom you should consult for any specific legal concern. Nor is it meant to be a substitute for the advice of a qualified financial advisor, whom you should consult if you have any concern with respect to your suitability to engage in any specific commercial transaction(s) and/or whether the transaction(s) are consistent with your economic objectives.
TERMS AND CONDITIONS
The following terms and conditions may be modified, at the discretion of ISDA swapsinfo.org, at anytime. Any such modification will be effective immediately upon the posting of the modified terms and conditions. We will, however, seek to allow reasonable notice of any modifications. Through your continued access and use of ISDA swapsinfo.org you agree to periodically review these terms and conditions at your discretion and to be bound by such future modification(s). Continued use of the Site following any such change will be deemed to signify that you accept and will abide by the change. However, any change will not be deemed to affect any claim that had arisen or that ISDA swapsinfo.org was aware of prior to the modification.
Neither ISDA swapsinfo.org nor the International Swaps and Derivatives Association, Inc. (“ISDA”), necessarily endorse any of the viewpoints contained in any material expressed in the Content. Such viewpoints are solely those of the relevant content providers and, if so designated, the concern or firm with which they are affiliated.
While ISDA swapsinfo.org seeks to provide timely and accurate information to those who access the Site and our database, it cannot assure the timeliness and accuracy of the information presented in the Site or in our database. The primary source materials included in our database are included only for the reference of the user. Neither ISDA swapsinfo.org nor ISDA, warrants that any information on the Site or in our database is up-to-date or accurate or reflects the “best practice” at the current moment or represents the present status of the OTC derivatives marketplace.
USE OF MATERIALS
YOU MAY NOT SUBLICENSE, TRANSFER OR OTHERWISE MAKE AVAILABLE ANY CONTENT TO ANY THIRD PARTY FOR COMMERCIAL PURPOSES OR FOR FINANCIAL GAIN OR USE THE CONTENT IN ANY OTHER MEDIA OR IN ANY LOCATION. YOU MAY NOT ALTER OR MODIFY THE CONTENT IN ANY WAY.
ISDA swapsinfo.org respects the privacy of its users. Therefore, we will not monitor, edit, or disclose the contents of any e-mail or other communication with ISDA swapsinfo.org unless required in the course of normal maintenance of ISDA swapsinfo.org and ISDA and their systems or unless required to do so by law or in the good faith belief that such action is necessary to (a) comply with the law or comply with legal process served on ISDA swapsinfo.org or ISDA; or (b) protect or defend the rights or property of or ISDA. Users shall remain solely responsible for the content of their messages, regardless of what the content is. All personal information collected through ISDA swapsinfo.org is provided on a voluntary basis by its users and visitors through a visible means of data entry or by collecting information using a registration form.
Upon request, ISDA swapsinfo.org will (a) remove you and your personal information from our database; (b) correct personal information that you state is erroneous; or (c) permit you to “opt out” of further e-mail contact (excepting notification of major changes to the service) while still allowing you to access to ISDA swapsinfo.org.
ISDA swapsinfo.org logs IP addresses for systems administration and troubleshooting purposes. Your IP address indicates the location of your computer on the Internet.
ISDA swapsinfo.org may also gather anonymous information that it or ISDA may use or share with third parties. This information does not personally identify you, but may be helpful in improving the services offered. Generally this information is collected through “traffic data” and may entail the use of “cookies,” “IP addresses,” or other numeric codes used to identify a computer.
We may also place Web beacons in our emails to measure our email messages’ effectiveness by identifying the individuals who open or act upon an email message, when an email message is opened, how many times an email message is forwarded, the type of software, device, operating system and browser used to deliver the email and any URL accessed through our email message
ISDA swapsinfo.org may, in its sole discretion, perform statistical analysis of its users’ collective characteristics and behavior to measure interests in its operations (for product development and other business development purposes).
You should be aware that when you are on ISDA swapsinfo.org you could be directed to other sites that are beyond our control. There may be links to other sites from ISDA swapsinfo.org pages that take you outside our services. These may include links from sponsors and partners that may use the Site as part of a co-branding agreement with ISDA swapsinfo.org or ISDA. These other sites may send their own cookies to users, collect and track data, or solicit personal information. ISDA swapsinfo.org CDS MARKETPLACESM does not endorse the content found on such third-party sites. You assume sole responsibility for your use of third-party links and pointers.
If you participate in any discussions on ISDA swapsinfo.org, you agree not to use any language or engage in any conduct that is threatening, abusive, vulgar, discourteous or criminal. You also agree not to post or transmit information or materials that would violate the rights of a third party or which would contain a virus or other harmful component.
Please keep in mind that whenever you give out information online – including, for example, posting a message to a discussion group – that information can be collected and used by people you do not know. ISDA swapsinfo.org cannot guarantee the security of any information you disclose online, and you do so at your own risk. ISDA swapsinfo.org cannot control the acts of its visitors who use the ISDA swapsinfo.org interactive features.
Unless otherwise noted, all materials – including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Site – are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by ISDA swapsinfo.org and/or ISDA.
By publishing, uploading or submitting any materials to us, including messages posted in any of our discussion groups or chat rooms, you automatically grant (or warrant that the owner of such rights has expressly granted) ISDA swapsinfo.org and ISDA a perpetual, royalty-free, irrevocable, nonexclusive right and license (with the right to grant sublicenses) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute such materials, incorporate such material and otherwise exploit all content or information you publish on the Site into any form, medium or technology, now known or later developed. You further agree that all such communications you make to the Web Site shall not be deemed confidential. By your acceptance of these terms and conditions you agree to waive all recourse against ISDA swapsinfo.org or ISDA for any alleged or actual infringement or misappropriation of any proprietary or confidential publications or communications to ISDA swapsinfo.org or ISDA.
GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
ISDA swapsinfo.org makes no representation that the materials contained in the Site are appropriate or authorized for use in any or all countries, states, provinces, counties, or any other jurisdiction. The information is provided “as is,” If you choose to access the Site, you do so on your own initiative and risk and you are responsible for compliance with all applicable laws.
YOU UNDERSTAND AND AGREE THAT ISDA swapsinfo.org AND ISDA CANNOT AND DO NOT REPRESENT, WARRANT OR GUARANTEE THAT FILES, SOFTWARE OR INFORMATION OF ANY KIND OR FROM ANY SOURCE AVAILABLE FOR DOWNLOADING THROUGH ISDA swapsinfo.org, THE SITE OR THE DATABASE WILL BE FREE OF INFECTION, VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE OR DEFECTS THAT MAY MANIFEST HARMFUL AND DESTRUCTIVE PROPERTIES.
BECAUSE OF THE POSSIBILITY OF HUMAN, TECHNICAL AND MECHANICAL ERROR, AS WELL AS OTHER FACTORS, ISDA swapsinfo.org, ISDA, AND THE PROVIDERS ARE NOT RESPONSIBLE FOR ANY ERRORS IN OR OMISSIONS FROM THE INFORMATION CONTAINED IN OR ACCESSED THROUGH THIS WEBSITE. THE MATERIALS IN ISDA swapsinfo.org ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ISDA swapsinfo.org. ISDA, AND THE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, ISDA swapsinfo.org, ISDA, AND THE PROVIDERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) THAT MAKES THE ISDA swapsinfo.org SITE AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ISDA swapsinfo.org, ISDA, AND THE PROVIDERS ALSO DO NOT WARRANT OR MAKE ANY REPRESENTATIONS OR WARANTIES REGARDING THE USE OR ACCURACY OR RELIABILITY OF THE MATERIALS ON ISDA CDS MARKETPLACESM. YOU (AND NOT ISDA swapsinfo.org, ISDA OR THE PROVIDERS) SHALL BEAR THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. UNLESS OTHERWISE PROVIDED BY APPLICABLE LAW.
ISDA swapsinfo.org, ISDA, AND THE PROVIDERS ALSO SPECIFICALLY DISCLAIM THE CREATION OF ANY WARRANTIES FOR THE BENEFIT OF THIRD PARTIES.
UNLESS OTHERWISE PROVIDED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ISDA swapsinfo.org, ISDA AND/OR ANY PROVIDER BE LIABLE TO THE USER AND/OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, ARISING FROM THE USE OF THIS SITE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEB SITE, EVEN IF ISDA swapsinfo.org, ISDA, OR THE PROVIDERS HAS OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.. IN NO EVENT, HOWEVER, SHALL ISDA swapsinfo.org, ISDA’S, AND/OR THE PROVIDERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
CHOICE OF LAW
The user’s access to and use of the ISDA swapsinfo.org Web Site, and the terms of this disclaimer are governed by the laws of the State of New York, without reference to conflicts of laws and without regard to its location of execution or performance.
You agree that any and all disputes which may arise under this Agreement must be brought within one year of the events giving rise to the underlying claim.
You agree that any and all disputes which may arise under or be related to this Agreement shall be litigated before a court located in the City of New York, New York, U.S.A., where ISDA swapsinfo.org and ISDA are located, and the Providers have furnished information to ISDA and/or ISDA swapsinfo.org, to the exclusion of the jurisdiction of the courts of any other state or country.
These terms and conditions are effective until terminated by either party. You may terminate these terms and conditions at any time by destroying all copies of materials obtained from ISDA TERMS & CONDITIONS OF ACCESS AND USE