Swaps Monitor’s Terms of Use

Terms of Use

Last updated: 01/17/23

Introduction

Welcome to the official website of Swaps Monitor Publications, Inc. (“Swaps Monitor”, “we”, “our” or “us”). By using this website you are bound by these terms and conditions (the “Terms”), including that you are of legal age and have the authority to enter into binding contracts. Please read these Terms carefully. If you do not agree to these Terms, do not access or view this website, its content, or seek access to Swaps Monitor data (the “Information”) through the private password-protected portion of this website (the “Portal”) for registered users (each, a “Licensee”). The term “Information” includes, without limitation, any data, content, material, technical specifications, or sample or test data that Swaps Monitor may send you from time to time

The content on this website is for general informational purposes only.

Privacy and Your Personal Information

Your use of www.swapsmonitor.com is subject to our Global Privacy Policy. Please review our Global Privacy Policy, which governs this website and any information collected here or through the Portal.

Swaps Monitor does not sell customer data.

Electronic Communications

Visiting www.swapsmonitor.com or sending emails to Swaps Monitor constitutes electronic communications. By providing your email address to Swaps Monitor, you consent to receive electronic communications from us, including blogs and newsletters. You also agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email or on the website, satisfy any legal requirement that such communications be in writing.

Portal

Use of the Portal is governed by a contract (“License Agreement”) between Swaps Monitor and your firm.

You hereby agree that (i) whatever information you provide us in order to access the Portal is true, accurate, complete and will be updated as necessary to remain accurate; and (ii) you will not not share your username or password with anyone. You are responsible for all activity that occurs under your username and password. Notify us immediately if you suspect unauthorized use of your account.

If you use the Portal, you are responsible for restricting access to your computer. You acknowledge that Swaps Monitor is not responsible for third party access to your account that results from theft or misappropriation of your account.

We have the right to provide your various account details (such as billing information, a copy of your License Agreement, or account usage information) if required by law (which may include mandatory data sharing with the government or pursuant to a subpoena or court order), and to protect our rights, customers or business.

Children Under the Age of Sixteen

You represent and warrant that you are at least 16 years of age.

Links to Third Party Websites or Services

This website may contain links to websites owned and operated by third parties. We do not control such sites and are not responsible for the contents thereof. We provide these links only as a convenience, and the inclusion of any link does not imply endorsement by us of the website or any association with its operators.

Forward-Looking Statements

Certain statements published on this website—including any data pertaining to future dates—are forward-looking. Such forward-looking statements may use words such as “anticipate,” “estimate,” “expect,” “project,” “believe” and other words and terms of similar meaning in connection with a discussion of potential future events or circumstances. These forward-looking statements are based on certain assumptions and reflect our current reasonable expectations. Forward-looking statements are subject to a number of risks and uncertainties that could cause actual results or events to differ materially from such statements. You should not rely on forward-looking statements. We disclaim any intention or obligation to update or revise any forward-looking statements.

Fees

Fees, usage rights and billing arrangements for use of the Portal are set forth in your License Agreement.

Warranty & Liability Disclaimers

Swaps Monitor disclaims all express and implied warranties, including warranties of merchantability, fitness for a particular purpose, title, compatibility, security, suitability, reliability, availability, accuracy, non-infringement, and usefulness, with respect to the website, any website content, or any Information contained on the Portal (collectively, “Content”). We shall not be liable for any errors or omissions in the Content, or for any loss or damage that may result from its use or non-performance. The Content is made available to you strictly on an “AS IS”, “AS AVAILABLE” basis.

We accept no liability for any inaccuracies or omissions in this website or the Content, and any decisions based on the Content are the sole responsibility of the user.

Swaps Monitor makes no warranties, express or implied, with respect to the availability of the Portal. We also reserve the right to further develop the functions and possible uses of the Portal. The Portal may need to be updated periodically as we deem appropriate, for error corrections, functional improvements, adaptation of compatibility to the hardware, closure of possible security vulnerabilities and similar cases. You agree that such reasonable updates may be installed automatically. Temporary restrictions on availability of the Portal may also result from maintenance work or circumstances beyond our reasonable control.

You are responsible for all conditions required on your side to access and use the website and Portal, such as sufficient Internet connection and bandwidth, the hardware and/or software you use and establishment of data connection points. You are expected to provide appropriate security devices and virus scanners on your devices.

YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR DOWNLOADING OR USE OF THE CONTENT. ALTHOUGH WE MAY TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO OR THROUGH THE CONTENT, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT IS FREE OF SUCH DESTRUCTIVE FEATURES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWAPS MONITOR, ITS EMPLOYEES, OFFICERS, AFFILIATES, CONTRACTORS, DIRECTORS, SHAREHOLDERS, AGENTS, PARTNERS, SUPPLIERS, LEGAL REPRESENTATIVES OR VICARIOUS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RELATING TO THESE TERMS, YOUR LICENSE AGREEMENT, THE CONTENT OR THIS WEBSITE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE, LOST BUSINESS, LOST PROFITS OR LOST SALES, WHETHER FORESEEABLE OR NOT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, EXCEPT AS REQUIRED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Copyright and Intellectual Property

The Content and images within this website, in particular data, texts, images, graphics, videos, logos and their presentation, and any intellectual property related to the foregoing, are © Copyright Swaps Monitor Publications, Inc. or its licensors and may only be used for lawful purposes.

We or our providers own all rights, title, copyrights and other intellectual property rights in the Information. The Information is licensed, not sold. We permit you to make copies of this website as necessary incidental acts during your viewing of it; and you may take a print for your personal use of so much of the site as is reasonable for private purposes.

You are granted a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use this website and the Information accessible through the Portal strictly in accordance with these Terms and your License Agreement. Any other use (e.g. circumvention of security mechanisms) is prohibited, unless otherwise agreed in individual cases. You also have the duty to refrain from anything that could impair the use or functionality of the website or Portal, including but not limited to, the introduction of Trojan horses, viruses, programming, design, documentation errors or corruptants, defects, bugs, worms, disabling or delaying code or devices, or other malware. Any manipulation, copying, reverse-engineering, disassembling, attempting to derive the source code of, modification or creation of derivative work of the website or Portal is prohibited. Any use of this website to gather information of any kind about any of our employees is prohibited.

Use of this website or the Portal does not grant you any rights of use of any of Swaps Monitor’s intellectual property unless expressly stated in these Terms or your License Agreement.

You will not use the website for any purpose that is unlawful or prohibited by these Terms. You may not use the website in any manner which could damage, disable, overburden or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.

You shall not use this website for any illegal purposes. You agree not to send any offensive, pornographic, unsolicited promotional or advertising material, spam, or other inappropriate materials or any volume messages that may interfere with the operation of this website or with the enjoyment of this website by other visitors.

Swaps Monitor reserves the right at any time and without notice to enhance, modify, alter, suspend or permanently discontinue all or any part of this website and to restrict or prohibit access to it.

You hereby grant Swaps Monitor free of charge a non-exclusive right to use any content (e.g. photos, texts) transferred by you into this website or the Portal (“Your Content”), without restriction as to subject matter, time or place, and you represent and warrant that you have the right to grant us such license rights of use to the content transferred or uploaded. The right of use includes in particular, but not limited to, the right to use, publish, reproduce and distribute the content through the system, sublicense, sublease, publish, reproduce using all techniques (including digital techniques), market, rent or lease, and make the content publicly available. This does not affect compliance with applicable data protection rules.

Swaps Monitor and the Swaps Monitor logo are trademarks of Swaps Monitor Publications, Inc.

Indemnification

You hereby agree to indemnify Swaps Monitor, defend us and hold us harmless from and against any losses, damages, reasonable out-of-pocket costs (including reasonable legal fees) and expenses as a result of any claim, action, or proceeding which is made, threatened or brought against us concerning Your Content or your use, misuse of, or inability to use the Content. This indemnification shall be conditioned on us (i) providing written notice within ten business days of being notified of any such claim; (ii) providing you with all relevant information and assistance in defense of such claim, and we agree not to make any admission which is or is likely to be materially prejudicial thereto without giving you prior notice of our intention to do so; and (iii) giving you full control of negotiating and defending or settling such claim. In defending such claim, you shall (i) do so with due diligence and propriety; and (ii) keep us informed of developments.

Confidentiality

All Information is our (or our providers) confidential and proprietary information and we (or our providers) own all intellectual property rights therein. You agree to protect the confidential and proprietary nature of the Information; not to copy, sell, rent, sub-license, redistribute or otherwise make it available, in whole or part, to any third party; not to decompile, reverse engineer or disassemble it; not to incorporate the Information into any of your products of services, or publish it or install it on a website that is visible to anyone other than an employee of yours or accessible to any computers other than those belonging to you; not use for, in, or to develop or to create any other service or new or competing form of the Information; and to maintain the confidentiality of your credentials for accessing the Portal. You may only use the Information inside your organization.

Arbitration

Any and all controversies or claims arising out of or relating to these Terms, our Global Privacy Policy or your use of this website shall be brought, resolved and determined by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (the “Rules”). The arbitration shall be conducted by one arbitrator appointed pursuant to the Rules. The arbitration shall be conducted in New York City, New York, USA. The arbitrator shall use New York law to determine the dispute. The arbitration award shall be final and binding on the parties and may be entered and enforced in any court having jurisdiction over the parties or their assets, wherever located, provided however, that notwithstanding the foregoing, a party may seek injunctive, declaratory, or other provisional judicial relief in any applicable court in New York, New York. The existence and outcome of the arbitration shall remain confidential unless both parties agree to its disclosure. The prevailing party shall be entitled to full and prompt reimbursement from the other party for all the prevailing party’s reasonable out-of-pocket expenses and costs associated with the arbitration, including but not limited to attorneys’ fees and institutional or arbitrator fees.

Class Action

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class action. Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Access Termination

If you are in breach of these Terms, your License Agreement or the Global Privacy Policy, Swaps Monitor may suspend or block your access to this website and refuse to provide you with any further access to it.

Governing Law and Jurisdiction

Your use of this website and downloads from it, and the operation of these Terms, shall be solely and exclusively governed by and construed under the laws of the State of New York, USA without giving any effect to any law which would result in the application of a different body of law.

Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this section.

Entire Agreement / Severability

Failure by either party to exercise any right or remedy under these Terms will not signify acceptance of the event giving rise to such right or remedy nor will it constitute a waiver of such right or remedy. Each provision of the Terms is severable from the rest of the Terms, and if one part should be found to be invalid, illegal, or void for any reason, it will not affect the validity or legality of any other part, and the remaining parts will continue to have full force and effect.

Amendment

These Terms may be amended by us from time to time and without prior notice to you. Revised Terms will be effective when posted on this website or otherwise made available to you. The revised Terms supersede any previous versions. Your continued use after such notice will constitute acceptance by you of such changes. These Terms do not supersede any License Agreement entered into between you and Swaps Monitor, and, to the extent any terms or conditions of that License Agreement differ from those set forth here, the terms and conditions in that License Agreement control.

Enforceability

Your obligations set forth in these Terms and/or your License Agreement shall remain effective and enforceable even if we do not enforce them partially and/or temporarily.

Effective Date

November 2, 2022