FinancialDataExchange

Policies

Terms and Conditions

Last Updated 9/24/2018

Financial Data Exchange, LLC (collectively "FDX", "we" or "us") is the owner and operator of this website.

The following terms and conditions together with the Privacy Policy, incorporated here by reference and all applicable laws (the “Terms” or “Terms of Use”) govern your access to and use of financialdataexchange.org, including any content and functionality offered on or through financialdataexchange.org (the "Website").

Acceptance of the Terms of Use

Please read the Terms of Use carefully before you start to use the site. BY BROWSING AND USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS.  If you continue to use and browse and use this Website you are agreeing to comply with and be legally bound to the Terms.  In the event that you do not agree to the Terms you should not continue to use and browse the Website. 

Changes to the Terms of Use

FDX may revise and update these Terms of Use from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.

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.

You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use, and that they comply with them.

To access some of the resources of the Website, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to this Website or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

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:

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.

If you print, copy, modify, download or otherwise use any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved by FDX. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

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.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to:

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

All information we collect on this Website is subject to our Privacy Policy https://financialdataexchange.org/pages/policies. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.  You represent and warrant that all data provided by you is accurate.

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.

Hold Harmless

To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless FDX and all associated entities, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as their interests may appear together with their partners successors and assigns, from and against any and all losses, claims, suits, damages, penalties, fines, judgment, liabilities (including without limitation, death, personal injuries, expenses, attorney fees and costs incurred) in connection with your use of the Website or the services conveyed by FDX that is inconsistent with these Terms or our Privacy Policy.

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.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Financial Data Exchange, LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

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 admin@financialdataexchange.org.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: admin@financialdataexchange.org.

Thank you for visiting the Website.

 

 

Privacy Policy

Last modified: 9/27/2018

Introduction

This Privacy explains how Financial Data Exchange, LLC ("FDX" "we" or “us”) collects and uses information (as hereinafter defined) provided through our website, however accessed (the “Site”).  By using our Site and providing information to us you agree to the terms and conditions of this Privacy Policy.   

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.

Cookies

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.   

Use and Disclosure of Information

Information may be shared with partners assisting FDX to perform certain tasks on our behalf, in compliance with this Privacy Policy. We do not share your personal information with third parties for their direct marketing purposes. FDX may also disclose information if we believe that it is necessary to: (a) comply with applicable laws, regulations, or industry requirements; (b) respond to requests from a legal, regulatory or governmental authority; (c) enforce FDX’s Terms and Conditions: (d) protect and defend FDX’s operations, rights, privacy, safety or property, or that of its subsidiaries, affiliates, officers, employees, contractors, agents and/or partners; and (e) allow FDX to proceed with business transactions, pursue legal remedies, sell, transfer or assign FDX assets or limit damages.

 

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 admin@financialdataexchange.org 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.

Google Analytics

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. 

Changes

We reserve the right to change or revise this Privacy Policy at any time to reflect changes in the law or our data collection and use practices.  New updates to the Privacy Policy will be posted to this Site so that you are aware of what information we collect, how we use it, and under what circumstances we disclose it.  Privacy policy changes will apply to the information collected from the date we post our revised privacy policy, as well as to existing information we hold.  The date the privacy policy was last revised is identified at the top of the page.  Your continued use of this Site after we make changes is deemed to be acceptance of those changes.

Geographical Uses

FOR USERS IN SWITZERLAND OR THE EUROPEAN UNION OR OTHER LOCATIONS OUTSIDE THE UNITED STATES

 

FDX stores personal information in the United States. If you provide us information, it will be transferred to and accessed in the United States.  This Privacy Policy shall apply even if we transfer personal information from non-United States countries to other countries.

YOU AGREE THAT THE INFORMATION YOU PROVIDE AND SUBMIT VIA THE SITE IS BEING SENT TO THE UNITED STATES OF AMERICA. YOU ARE INFORMED THAT THE UNITED STATES PRESENTLY DOES NOT HAVE AN ADEQUATE LEVEL OF PERSONAL DATA PROTECTION AS DETERMINED BY THE EUROPEAN COMMISSION’S ADEQUACY DECISION ON OCTOBER 6, 2015 (Case C-362/14) AND ARTICULATED IN THE EUROPEAN UNION’S GENERAL DATA PROTECTION REGULATION AND HAS NOT RECEIVED A SIMILAR DESIGNATION OF ADEQUACY BY ANY OTHER FOREIGN DATA PROTECTION AUTHORITY.  YOU AGREE TO THE TRANSFER OF YOUR DATA AND PERSONAL INFORMATION TO THE UNITED STATES, HOWEVER, TO BE USED IN ACCORDANCE WITH THIS PRIVACY POLICY.

Contact

If you have any questions or concerns or would like to request prior versions of our Privacy Policy, please let us know by contacting us at admin@financialdataexchange.org.