Terms and Conditions
Last Modified: 26 February, 2019.
Financial Data Exchange, LLC (collectively "FDX", "we" or "us") is the owner and operator of this website.
Accessing the Website
By using this Website, you represent and warrant that you are of legal age to form a binding contract with FDX.
FDX reserves the right to withdraw or amend this Website, and any service or material provided on the Website, in FDX’s sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, FDX may restrict access to some parts of the Website, or the entire Website, to users.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by FDX, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You shall not copy, reproduce, republish, download, post, modify, or otherwise disseminate material from the Website, including but not limited to: images, videos, or content, in any manner except for personal and non-commercial use without our express written consent. You shall only make exact copies of the documentation and you shall ensure that each copy contains all titles, trademarks, and copyright and restricted rights notices as in the original.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not reproduce, sell or exploit for any commercial purposes any part of the Website, or use of the Website or any services or materials available through the Website.
Copyrights and Trademarks
The Website contains terms, images, logos, graphics, scripts and software which are registered and protected under U.S. and international copyright and trademark laws. You should assume that everything you see or read on this Website is protected by copyright unless otherwise stated and may only be used according to these Terms. Use of the Website to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right is strictly prohibited.
- Use the Website in any way that violates any applicable federal, state, local or international law or regulation.
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any device, software or routine that interferes with the proper working of the Website.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
- Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm FDX or users of the Website or expose them to liability.
Website Operations and Maintenance
While FDX strives to operate the Website 24 hours a day, 7 days a week, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, FDX may restrict access to some parts of the Website, or the entire Website to users.
Reliance on Information Posted
FDX shall endeavor to maintain accurate and up-to-date information on the Website. However, the information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
THIS WEBSITE AND CONTENT PROVIDED AS PART OF THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE CONTENT, FUNCTIONALITY, OR MATERIALS PROVIDED BY US HEREUNDER, INCLUDING, WITHOUT LIMITATION OF THE FOREGOING, ANY WARRANTY REGARDING OWNERSHIP, NON-INFRINGEMENT, ACCURACY, TIMELINESS, COMPLETENESS, AND AVAILABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Information About You and Your Visits to the Website
Linking to the Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Waiver of Class Action Rights and/or Claims
YOU AGREE THAT TO THE EXTENT YOU HAVE OR BELIEVE THAT YOU HAVE ANY CLAIMS AGAINST US RELATING TO YOUR USE OR OUR PROVISION OF THE WEBSITE, YOU WILL BRING THOSE CLAIMS IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND FDX AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE CLASS PROCEEDING.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FDX NOR ANY PERSON ASSOCIATED WITH FDX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER FDX NOR ANYONE ASSOCIATED WITH FDX REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
FDX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE DISCLAIM LIABILITY, AND YOU AGREE THAT WE ARE NOT LIABLE, FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING OUT OF YOUR USE OF THE WEBSITE OR ANY APP OR WEBSITE WITH WHICH IT IS LINKED, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF US, OUR LICENSORS, EMPLOYEES OR AGENTS TO YOU, OR ANY OTHER PARTY EXCEED, IN THE AGGREGATE THE GREATER OF ONE HUNDRED DOLLARS ($100). YOUR CLAIM FOR SUCH DAMAGES IS OUR SOLE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN THE EVENT OF THE BREACH BY US OF THIS AGREEMENT. THE FORGOING SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY YOU MIGHT HAVE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Time to File Claims
You agree to bring any and all claims or actions relating to the use of the Website within one (1) year after such alleged cause of action arose. If there is an outstanding claim from more than one (1) year of such action then you agree that the statute of limitations would be exceeded and the claim will be barred.
Governing Law and Venue
The Website, any information provided from it and these Terms are given and made in the State of Delaware. This agreement is subject to the laws of the United States and Delaware law, without regard to its choice of law provisions, and suit, if any, must be brought exclusively within the courts of the State of Delaware. You agree to submit to the jurisdiction of the courts located in the State of Delaware. You waive the right to trial by jury in any action that may be brought hereunder.
Your Comments and Concerns
This website is operated by Financial Data Exchange, LLC, 12020 Sunrise Valley Drive Suite 230, Reston VA 20191.
All notices of copyright infringement claims should go to email@example.com.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org.
Thank you for visiting the Website.
FDX API (formerly the Durable Data API) License Agreement
This FDX API (formerly the Durable Data API) License Agreement (this "Agreement") is a binding contract between you ("you" or "your" or “Affiliate”) and The Financial Data Exchange, LLC ("FDX," "we," or "us"). This Agreement governs your access to and use of the FDX API.
BY CLICKING THE "I ACCEPT" BUTTON BELOW, OR BY ACCESSING OR USING THE API, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE API.
"API" means the FDX API (formerly known as the Durable Data) specification and any API Documentation or other API materials made available by FDX on its website: financialdataexchange.org https://financialdataexchange.org/
"API Documentation" means the API documentation described at https://financialdataexchange.org/ from time to time.
“Third Party Materials” means materials and information, in any form or medium, including any open-source or other software, documents, data, content, or specifications, products relating to the API that are not proprietary to Provider
"Your Application(s)" means web or other software services or applications developed by you based on, or utilizing the API.
- Use Restrictions. Except as expressly authorized under this Agreement, you may not:
- copy, modify, or create derivative works of the API (other than as needed to use the API in accordance with Section 2), in whole or in part;
- rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the API;
- remove any proprietary notices from the API;
- use the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law;
- Your Applications. As between you and us, you are responsible for all acts and omissions of yourself and your end users in connection with Your Application. You agree that you are solely responsible for posting any privacy notices and obtaining any consents from your end users required under applicable laws, rules, and regulations for their use of Your Applications.
- No Support; Updates. This Agreement does not entitle you to any support for the API. You acknowledge that we may update or modify the API from time to time and at our sole discretion (in each instance, an "Update"). Updates may adversely affect how Your Applications work with other programs. Your continued use of the API following an Update constitutes binding acceptance of the Update.
- Intellectual Property Ownership; Feedback. You acknowledge that, as between you and us, (a) we, and the respective rights holders in the Third Party Materials, own all right, title, and interest, including all copyrights rights, in and to the API and (b) you own all right, title, and interest, including all intellectual property rights, in and to Your Application(s), excluding the aforementioned rights in this Section 6(a). You will use commercially reasonable efforts to safeguard the API (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. You will promptly notify us if you become aware of any infringement of any intellectual property rights in the API and will fully cooperate with us, in any legal action taken by us to enforce our intellectual property rights. If you or any of your employees, contractors, and agents sends or transmits any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the API, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), all such Feedback is and will be treated as non-confidential. You hereby assign to us on your behalf, and on behalf of your employees, contractors, and agents, all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.
- Disclaimer of Warranties. THIS API IS PROVIDED “AS IS” AND FDX, ITS MEMBERS AND THEIR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT THE CONTENT OF THIS API IS FREE OF ERRORS. FOR THE AVOIDANCE OF DOUBT, FDX HAS NOT MADE ANY SEARCH OR INVESTIGATION AS TO THIRD PARTIES THAT MAY CLAIM RIGHTS IN OR TO ANY APIS OR ANY INTELLECTUAL PROPERTY THAT MAY BE REQUIRED TO IMPLEMENT ANY APIS AND IT DISCLAIMS ANY OBLIGATION OR DUTY TO DO SO
- Indemnification. You agree to indemnify, defend, and hold harmless FDX and its members, officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to (a) your use or misuse of the API, (b) your breach of this Agreement, and (c) Your Applications, including any end user's use thereof. In the event we seek indemnification or defense from you under this provision, we will promptly notify you in writing of the claim(s) brought against us for which we seek indemnification or defense. We reserve the right, at our option and in our sole discretion, to assume full control of the defense of claims with legal counsel of our choice. You may not enter into any third-party agreement that would, in any manner whatsoever, constitute an admission of fault by us or bind us in any manner, without our prior written consent. In the event we assume control of the defense of such claim, we will not settle any such claim requiring payment from you without your prior written approval.
- Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FINANCIAL DATA EXCHANGE, ITS MEMBERS AND THEIR AFFILIATES DISCLAIM ALL LIABILITY ARISING OUT OF OR RELATING TO USE OF THIS API AND ANY INFORMATION CONTAINED IN THIS API, INCLUDING LOST REVENUE, PROFITS, DATA OR PROGRAMS, OR BUSINESS INTERRUPTION, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, AND EVEN IF FINANCIAL DATA EXCHANGE, ITS MEMBERS OR THEIR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES.
- Term and Termination. The term of this Agreement commences when you access the API and will continue in effect until terminated as set forth in this Section. This Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Upon termination of this Agreement for any reason all licenses and rights granted to you under this Agreement will also terminate. Any terms that by their nature are intended to continue beyond the termination or expiration of this Agreement, will survive termination. Termination will not limit any of FDX's rights or remedies at law or in equity.
- Compliance with Laws. Products equipped with FDX technology ("FDX Products") and their combination, operation, use, implementation, and distribution may be subject to regulatory controls under the laws and regulations of numerous countries that regulate financial products. You are solely responsible for complying with all applicable laws and regulations and for obtaining any and all required authorizations, permits, or licenses in connection with your use of this specification and development and distribution of FDX Products. Nothing in this specification provides any information or assistance in connection with complying with applicable laws or regulations or obtaining required authorizations, permits, or licenses.
- Modifications. You acknowledge and agree that we have the right, in our sole discretion, to modify this Agreement from time to time. You shall be notified of modifications through notifications or posts on https://financialdataexchange.org/affiliate . You will be responsible for reviewing and becoming familiar with any such modifications.
- Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the state of Delaware without regard to its conflicts of laws principles.
- Miscellaneous. This Agreement constitutes the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. Any notices to us must be sent to our headquarters address available at https://financialdataexchange.org/ and must be delivered either in person, by certified or registered mail, return receipt requested and postage prepaid, or by recognized overnight courier service, and are deemed given upon receipt by us. Notwithstanding the foregoing, you hereby consent to receiving electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction. Any failure to act by us with respect to a breach of this Agreement by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. This Agreement is personal to you and may not be assigned or transferred for any reason whatsoever without our prior written consent and any action or conduct in violation of the foregoing will be void and without effect. We expressly reserve the right to assign this Agreement and to delegate any of its obligations hereunder.
Last modified: 9/27/2018
Information Collection and Use
We collect the following personally identifiable information about our users: name, e-mail address, corporate web address, telephone number, business address, and other information voluntarily provided (“Personal Information”). This personally identifiable information is typically provided when users register for subscriptions, communications, surveys, or to request information.
Other Information We Collect
At times we may also collect information which cannot be used to personally identify a user such as your server or connection’s unique identifier, the device, browser and version you are using, IP address, the web pages you visited prior to arriving to our Site and once you leave, action on the Site, and searches (“Other Information”). We may also collect information through cookies or other similar tracking technology to provide you with a personalized user experience and analyze how we can best provide you targeted information.
We may use technologies such as cookies or other similar mechanisms. A cookie is a piece of data sent from a website that is stored by a user’s computer. The cookies allow us to among other things, remember your computer’s preferences, measure effectiveness of communications, web features and settings, generate usage reports and gather statistical data. Please be aware that many web browsers provide the capability to configure your cookie settings, however disabling cookies may limit the functionality of our Site.
How We Use Your Information
We, our service providers and our vendors may use any information collected by users. Examples of how we may use your information are below.
- Communicate with you about our organization, events or services.
- Analyze and improve the functionality of our Site.
- Improve our products, services, and business.
- Prevent, detect, or investigate security concerns, including fraud.
- Comply with applicable laws, regulations, or industry requirements.
- Fulfill any other purpose for which your provide it or consent.
Use and Disclosure of Information
Access and Control of Your Information
We enable you to have control over the accuracy of your personal information. You may send us an e-mail at email@example.com to request access to, correct or delete any personal information that you have provided to us. We may not accommodate a request to delete or change information if we believe the change would violate any law or legal requirement, cause the information to be incorrect, or for any other legally allowable reason.
Your California Privacy Rights/ Do Not Track
California residents visiting our Site may request that we not automatically gather and track information pertaining to their online browsing movements across the Internet. Such requests are typically made through Web browser settings that control signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party websites or online services. We do not currently utilize the capability to respond to web browser do not track signals or other mechanisms that provide you with the ability to exercise choice regarding the collection of this information.
We use a tool called “Google Analytics” to collect information about use of this Website across devices. You can opt out of Google Analytics without affecting how you visit the Website. For more information on opting out of being tracked by Google Analytics, visit this Google page https://tools.google.com/dlpage/gaoptout.
Leaving Our Site And/Or Linking To Third Parties
Because our Site is secure, your browser URL will inform you if you are leaving a secured portion of the Site. We strive to ensure that any information you send us is safe. When you leave this Site and go to another linked site, we are not responsible for the content or availability of the linked site. Please be advised that we do not represent either the third party or you, if you enter into a transaction on the third party site. Further, the privacy and security policies of the linked site may differ from those practiced by us. We are not responsible for the practices of any partners or resellers including those who have a link on our Site.
FOR USERS IN SWITZERLAND OR THE EUROPEAN UNION OR OTHER LOCATIONS OUTSIDE THE UNITED STATES