Last updated on: May 2, 2018
Use and Acceptance
Modification
Intellectual Property/Authorized Use
Termination
Market Data
Links to Other Web Sites
Disclaimers
Limitation of Liability
Indemnification
Privacy and Security
Submissions
Entire Agreement/Severability
Jurisdiction/Choice of Law
Contact
Patent Notice
USE AND ACCEPTANCE
These Terms of Use are applicable to this website (“Site”) and any tools, products or services offered and/or provided by BNY Mellon, National Association and its affiliates (“BNY Mellon”) through the Site (such tools, products and services, collectively "Services") are offered to you conditioned upon your acceptance without modification of these Terms of Use. By using the Site or any Services, you agree to these Terms of Use. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, or do not have the legal right or authority to accept these Terms of Use, you may not use the Site or any Services.
These Terms of Use are in addition to any other agreements between you and BNY Mellon, including any customer or account agreements and other agreements and disclosures that govern your use of Services available via the Site. In addition, the Site may contain additional disclosures governing your usage of the Site and Services.
MODIFICATION
We may revise these Terms of Use from time to time by posting a revised version on this Site without notice to you. You should check these Terms of Use each time you use the Site or Services for such revisions to ensure you agree to them. By using the Site or Services or engaging in any of the activities described in these Terms of Use after changes have been made to these Terms of Use, you are agreeing to accept and comply with those changes.
INTELLECTUAL PROPERTY/AUTHORIZED USE
The Site and Services contain copyrighted works, trademarks and other proprietary material owned by BNY Mellon or third party providers. BNY Mellon and our providers own all rights, title and interest in and to the Site, all the content, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, data, and materials on the Site, including all intellectual property and proprietary rights therein.
You may use the material available from the Site and Services for informational purposes only. You may print copies of pages from the Site for your personal purposes, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear, on the pages copied. The availability of third party material on the Site is not to be used as a substitute for a license or services agreement directly with the relevant third party provider. Except as stated above, you may not copy, reproduce, publish, post, transmit, display, store, sublicense, transfer or distribute material from the Site or Services without BNY Mellon’s express written permission and that of our third party providers, as applicable ("Permission").
You also may not:
- modify, alter, revise, paraphrase, omit, or change any material on or from the Site or Services without Permission;
- create derivative works, whether based in whole or in part upon the material on the Site or Services, or any portion thereof, without Permission;
- modify, amend, reduce the size of or in any way obscure any warning, notice, liability limitation, or other license provision in material on or from the Site or Services;
- use the Site or Services, or any material on or from the Site or Services, in violation of applicable law, these Terms of Use or such other agreements you have with BNY Mellon;
- link to or use for any public or commercial purpose material on or obtained from the Site or Services without Permission;or
- engage in unauthorized use of the Site and Services, including but not limited to unauthorized entry into BNY Mellon systems, misuse of passwords, or misuse of any material on or obtained from the Site or Services.
Doing any of the acts listed above may constitute an infringement of BNY Mellon and/or a third party’s copyright and other intellectual property and/or may constitute an infringement of laws, rules or applicable regulations.
Nothing contained on the Site or Services should be construed as granting, by implication, estoppel or otherwise, any license or right in and to BNY Mellon’s trademarks or copyrighted material.
TERMINATION
We reserve the right to prohibit access to anyone whom we determine is violating these Terms of Use, restricting or inhibiting any other user from using or enjoying the Site or Services, or whose conduct we reasonably determine may constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law. You agree that BNY Mellon shall not be liable to you or any third party for any termination of your access to or use of the Site or Services.
MARKET DATA
You understand and agree that: (1) The proprietary rights to all market data contained in this web site (e.g. last sales prices, bids offers, industry classification information, performance data and related information provided to You) (“Market Data”) belong to BNY Mellon or its third party data providers (“Data Disseminators”) (i.e., the various securities markets such as the NYSE, American Stock Exchange and NASDAQ and other entities that make, or assist in making, Market Data available to You): (2) neither BNY Mellon, its affiliates nor any Data Disseminator guarantees the timelines, sequence, accuracy or completeness of Market Data or other messages that the Data Disseminator may disseminate; (3) Neither BNY Mellon, any of its affiliates, nor any Data Disseminators shall have any liability to you or to any other person for any loss or damage arising from inaccuracies, errors, omissions, delays, interruptions or non-performance, whether due to any negligent act or omission of any Data Disseminator or BNY Mellon or any of its affiliates, any cause beyond their reasonable control, or otherwise; (4) neither BNY Mellon, its affiliates nor any Data Disseminator may be held liable for any discontinuance on the provision of Market Data nor for any change in the manner of distribution for any reason; (5) Market data is made available for Your own individual use and You are prohibited from furnishing it to any other person or entity; (6) BNY Mellon may terminate Your access to any or all Market Data, or any Data Disseminator may terminate your authorization to receive Market Data, at any time; (7) Data Disseminators are third party beneficiaries under this agreement and are entitled to enforce this agreement by legal proceeding or otherwise against You or any person that gains access to or uses Market Data other than as this agreement contemplates. You shall pay the reasonable attorney’s fees that any Data Disseminator may incur in so enforcing this agreement; and (8) nothing in this Agreement should be deemed as a solicitation or recommendation to buy or sell any securities or options.
LINK TO OTHER WEBSITES
The Site may provide links to other websites that we think might be of interest to our users ("Linked Sites"). Links to Linked Sites are provided only as a convenience to users of this Site. Please note that when you click on a Linked Site, you may be moving to another provider's website. These Linked Sites and their providers are not controlled by BNY Mellon and BNY Mellon is not responsible for the contents or the operation of any Linked Site. The inclusion of any Linked Site does not imply endorsement of the Linked Site or its provider by BNY Mellon. We encourage you to read the terms of use and privacy statements of these Linked Sites as their policies may differ from ours.
DISCLAIMERS
The information on the Site is for information purposes only and is not intended as an offer or solicitation for the purchase of any security or any financial instrument or banking product. The information contained on the Site and the Services are subject to change without notice. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THIS INFORMATION. Any Services fees, charges, interest rates, and balance requirements may differ among geographic locations. Not all Services are offered in all countries.
YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. BNY MELLON AND ANY THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY, WITH RESPECT TO (i) THE SITE; (ii) ANY SERVICES AVAILABLE ON OR THROUGH THE SITE ; AND (iii) YOUR USE OF THE SITE OR SERVICES AND THE RESULTS OF SUCH USE. FURTHER, BNY MELLON AND ANY THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY SERVICES AVAILABLE THROUGH THE SITE.
Any statements and opinions expressed on the Site are as of the date of publication, are subject to change as economic and market conditions dictate, and are those of the author(s) and do not necessarily represent the views of BNY Mellon. Some content on this site may be provided by third party providers, which we consider to be reliable but have not independently verified. We do not guarantee that it is accurate or complete.
EXCEPT AS PROVIDED BY LAW, NEITHER BNY MELLON NOR ANY THIRD PARTY HAS ANY RESPONSIBILITY TO MAINTAIN THE INFORMATION OR SERVICES OFFERED ON THE SITE OR TO SUPPLY CORRECTIONS OR UPDATES TO THE SAME.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES; IN SUCH EVENT, SUCH DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
BY ACCESSING THE SITE OR RECEIVING SERVICES, YOU AGREE TO WAIVE ALL CLAIMS AGAINST US AND ALL THIRD PARTY PROVIDERS REGARDING THE SITE, THE SERVICES AND YOUR USE THEREOF. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS SERVICES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, TRADING LOSSES, GOOD WILL, BUSINESS INTERRUPTION, SAVINGS OR DATA, EQUIPMENT OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (1) THE RELIANCE ON, USE OF OR INABILITY TO USE THE SITE OR ANY SERVICES; (2) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU OR BY ANYONE TO WHOM YOU COMMUNICATE INFORMATION DERIVED FROM THE SITE OR SERVICES, OR FOR ANY ERRORS BY YOU IN COMMUNICATING SUCH INFORMATION; (3) THE COST OF SUBSTITUTE SERVICES; (4) FORCE MAJEURE AND ANY SIMILAR EVENTS THAT ARE BEYOND OUR REASONABLE CONTROL; OR (5) ANY OTHER MATTER RELATING TO THE SERVICES OR DISTRIBUTION OF SERVICES THROUGH THE SITE. WE SHALL NOT BE LIABLE FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF THE SITE OR SERVICES. WE CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR FRAUDULENT USE OF THE SITE AND ANY SERVICES.
OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OF USE, THE SITE OR ANY SERVICES IS YOUR CESSATION OF THE USE OF THE SITE AND ANY AND ALL SERVICES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless BNY Mellon and its third party providers, and each of its and their officers, directors, employees, and agents, from and against all claims, demands, liabilities, damages, losses or expenses, including reasonable attorneys' fees, relating to any information you submit, post to or transmit through the Site, your use of the Site or Services, your connection to the Site, your violation of these Terms of Use or any harm you cause another user of the Site or Services.
PRIVACY AND SECURITY
BNY Mellon respects our customers' privacy. For more information please read our Online Privacy Statement posted on the Site.
We utilize reasonable security technologies to protect sensitive information. However, the security of this information depends in part on the security of the computer you use to communicate with us, the security you use to protect User IDs and passwords, and the security provided by your internet access services provider. We are not responsible for the security of your internet access services provider; you should review the security and privacy policies of your internet access services provider carefully. Information that you access via this Site may be stored on your computer during your session for your convenience. If others have access to your computer or your User ID and password, they may be able to access this information. In any area of the Site requiring a password, you should log off the Site when you are done viewing information or whenever you leave your computer. We are not responsible for the security or privacy of information communicated to or from such a computer. Finally, you should keep any correspondence you receive relating to this Site or the Services (including, but not limited to, your User ID, passwords, other registration information, emails, order information, or any other information) confidential and in a safe place.
SUBMISSIONS
You must provide true, accurate, current and complete information about yourself when you elect to provide personal information to us. You also must maintain and promptly update any such information to keep it accurate. Other than information addressed under our Online Privacy Statement, any and all comments, suggestions, ideas, graphics, or other information that you transmit or post to the Site becomes and will remain our property and may be used by us anywhere, anytime and for any reason whatsoever. Except as may be provided in the Online Privacy Statement, any information or materials submitted to us will be treated as non-confidential and non-proprietary, and we will not have any obligation to use or evaluate any information we receive from you. We will not have to pay you or anyone else for using any ideas or other materials that you may transmit to or post on the Site.
ENTIRE AGREEMENT/SEVERABILITY
These Terms of Use contain your entire agreement with us regarding this Site and Services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and us with respect to the Site or Services. In the event of a conflict between these Terms of Use and any customer agreement between you and us relating to Services, the applicable customer agreement shall prevail. If any provision of these Terms of Use is deemed illegal or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions.
JURISDICTION/CHOICE OF LAW
Your access to and use of the Site and Services, and these Terms of Use, are 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. You expressly and irrevocably agree that exclusive jurisdiction and venue for any claim or dispute with us, our employees, contractors, officers, directors, and content providers or relating in any way to your use of the Site or Services resides in the state or federal courts in the borough of Manhattan, New York, New York and you further irrevocably agree and expressly and irrevocably consent to the exercise of personal jurisdiction in those courts over any action brought under these Terms of Use. WE AND YOU HEREBY WAIVE THE RIGHT OF TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATED TO THE SITE, SERVICES OR THESE TERMS OF USE.
CONTACT
If you have any questions relating to these Terms of Use, the Site , the Services, or BNY Mellon, National Association and its affiliates, please contact us.
PATENT NOTICE
BNY Mellon is licensed under US Patents 5,940,510; 5,949,880; 6,105,013; and 6,237,095. Certain subsidiaries of BNY Mellon are licensed by DataTreasury Corporation under US Patents 5,910,988 and 6,032,137.