Terms of Use and Important Legal Information
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES OR CONTENT OF THIS WEBSITE.
The pages, supporting text, data, and other information contained in this electronic publication (collectively called the “UST2 Website”) contain a variety of information concerning the efforts of DTCC, market participants, and industry organizations to shorten the U.S. trade settlement cycles for equities, municipal and corporate bonds, and unit investment trusts (UITs). Content on the UST2 Website, including pages, screens, text, graphical and other images, information, data, documentation, policies, material, and the general “look and feel” (collectively, “Content”) used on the UST2 Website, is the property of DTCC or is used with permission of the owner thereof. The display of Content does not constitute a waiver of any of DTCC’s proprietary rights in or related to such Content (including, but not limited to, patents, copyrights, servicemarks, and trademarks) or a transfer of any such rights to users or any third party. This Content is for personal use only, and, except with the written permission of DTCC, you may not publish, republish, redistribute, broadcast, or retransmit the Content, frame any part of the Content, compile the Content into a database, product or information service, create any derivative of the Content for commercial distribution, use the Content to compete with the business of DTCC, and you may not authorize any other person to engage in any of these activities with respect to the Content. You may not use any automated device, computer program, tool, algorithm, bot, or similar process to mine or systematically scrape or extract data from the UST2 Website. Any unauthorized use of Content may violate copyright laws, trademark laws, contract law, the laws of privacy and publicity, and/or communications, regulations, and statutes. DTCC may discontinue or change any product, service, data, information, or Content described in or offered on the UST2 Website at any time, without notice.
None of the Content on the UST2 Website 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. Further, none of the Content is intended to constitute financial, legal, or other advice of any kind or a recommendation to make (or refrain from making) any kind of investment decision and may not be relied on as such.
The entire risk as to the accuracy, completeness, and use of the Content on the UST2 Website is with you, as is the risk of viruses and other contamination. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE UST2 WEBSITE.
THE UST2 WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITH ALL FAULTS, ERRORS, DEFECTS, INACCURACIES, AND OMISSIONS. DTCC DOES NOT MAKE, AND SPECIFICALLY DISCLAIMS, 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 UST2 WEBSITE. DTCC DOES NOT IN ANY WAY GUARANTEE, AND SHALL NOT BE LIABLE FOR, THE ADEQUACY, QUALITY, ACCURACY, COMPLETENESS, WORTH, OR TIMELINESS OF CONTENT THAT IS MADE AVAILABLE OR OBTAINED BY WAY OF THE UST2 WEBSITE. DTCC DOES NOT WARRANT THAT THE UST2 WEBSITE OR ITS CONTENT WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WITHOUT LIMITING ANY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL DTCC, OR ITS DIRECTORS, OFFICERS, MANAGERS, AGENTS, OR CONSULTANTS, BE LIABLE 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, THESE TERMS OF USE OR THE PERFORMANCE OR BREACH THEREOF, FROM THE UST2 WEBSITE OR ANY CONTENT OR THE USE THEREOF, OR FROM ANY PRODUCT OR THE USE OR PERFORMANCE THEREOF, EVEN IF THEY MIGHT HAVE ANTICIPATED OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
To the maximum extent permitted by law, you agree to indemnify DTCC and its 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 third-party claim arising from or related to (a) your use, including commercial use, of Content or (b) your violation of these Terms of Use.
In providing the indemnity hereunder, you shall not (i) take any action that purports to speak on behalf of DTCC, including without limitation submitting an answer, asserting a defense of any kind, or interposing a third-party claim; or (ii) consent to entry of any judgment or enter into any settlement which (A) does not include, as an unconditional term, the grant by the claimant to the Indemnified Parties of a release of all liabilities in respect of all claims made in the suit or proceeding, (B) imposes unreimbursed monetary or continuing non-monetary obligations on any Indemnified Party, or (C) otherwise adversely affects the rights of any Indemnified Party.
All names of DTCC and its products and services referenced on the UST2 Website are either registered trademarks or servicemarks of, or trademarks or servicemarks of, DTCC in the U.S. or elsewhere. Other names of companies, products, or services appearing in this publication are trademarks or servicemarks of their owners. Nothing in these Terms of Use grants you any right to use the trademarks, names, or logos of DTCC. You may not represent, directly or indirectly, that any product, data, or any service provided by you has been approved or endorsed by DTCC.
The UST2 Website contains hyperlinks to third-party websites which are the sole responsibility of such independent third parties, and use thereof is solely at your own risk. DTCC 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 UST2 Website.
Information published on the UST2 Website may contain references to products, programs, and services that are not announced or available in your country or region. DTCC makes no representation that such information, products, programs, or services referenced on this Website are legal, available, or appropriate in your country or region.
These Terms of Use 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 bring any action relating in any way to these Terms of Use, the UST2 Website, or any Content distributed by or through the UST2 Website, in the courts located in New York, New York, except that you may assert claims in any applicable small claims court if your claims qualify. DTCC and you each waive any right to a jury trial. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.
If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Please see our Privacy Policy for information regarding the collection and use of personal information from the UST2 Website.
Specific Content, areas, or pages of the UST2 Website may include or reference additional or different terms relating to the use of the UST2 Website or the rights or obligations of you or DTCC (“Specific Terms”). By accessing such Content, areas, or pages, you agree to be bound by those Specific Terms. In the event of a conflict between such Specific Terms and these Terms of Use, such Specific Terms shall control for the applicable Content, areas, or pages.
Except as otherwise set forth in a separate written agreement signed by an authorized representative of DTCC, these Terms of Use, including any Specific Terms, represent the entire understanding relating to the use of the UST2 Website and its 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 these Terms of Use or any Specific Terms 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 DTCC and you or any other party will be deemed to modify any provision of these Terms of Use.
Any unauthorized access, modification, or change of any information, or any interference with the availability of or access to this Website is strictly prohibited. DTCC reserves all legal rights and remedies available and these Terms of Use shall in no way be deemed a limitation or waiver of any other rights DTCC may have.
Unless otherwise indicated, all material on this site © 2014 DTCC.
All rights reserved.