All text, graphics, images and other materials appearing on the Website ("Content") are either owned by us, or provided through an arrangement with third parties. FDPI and any such third parties retain all proprietary rights in the Content, and the Content is protected by US and international copyright laws. You may view, download and print the Content for your personal, non-commercial use, provided you retain all copyright and other proprietary notices contained in the original Content on any copy. The Content may not be used in any manner not expressly authorized by FDPI under this Agreement.
In no event may you sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. Deep linking, framing, and the use or posting of the Content on any other website or in a network computer environment for any purpose are expressly prohibited. Trademarks, service marks, and logos, including but not limited to FDP, FDPI, Financial Data Professional , and Financial Data Professional Institute (the "Marks") used and displayed on the Website are our registered and/or unregistered marks, and nothing on the Website should be construed as granting any license or right to use any Marks without our prior express written permission specifically for each use. Other product and company names mentioned herein may be trademarks of their respective owners.2. Links.
The Website may contain links to external websites. These links are provided solely for your convenience and do not constitute any endorsement of the external sites. We are not responsible for the availability or content of any external sites. If you decide to access linked external sites, you do so at your own risk. You should direct any concerns regarding any external link to its website administrator or web-master. We reserve the right to approve or reject any links to the Website.3. Registration.
In consideration of your use of the Website and the Content, to the extent you provide such information, you agree to provide us with true, accurate, current and complete information about yourself , and to maintain and promptly update this information to keep it true, accurate, current and complete. If you fail to provide or update information so that it is true, accurate, current and complete, or if we have reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, we shall have the right to suspend or terminate your current or future access and/or use of the Website.
User name and Password. As part of the registration process, you must select a user name and password. You may not (a) select or use a user name or email address of another person with the intention of impersonating such person or (b) use a member name or email address of anyone else. You may not select a user name that violates anyone's rights or one that, in our sole discretion, is offensive, improper or inappropriate. If you do, we can modify or delete it.
You are responsible for the confidentiality and use of your user name and password. You are fully and completely responsible for any and all activities that occur under your user name or password. You agree to immediately notify us of any loss, theft, or unauthorized use of your user name and/or password. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You may not use or allow others to use, your registration, user name, or password for the Website, directly or indirectly4. Disclaimer of Warranties and Limitations on Liability.
Use of the Website is at your sole risk. Except for any warranties that may be expressly provided by any third party vendor, the Website, its content, and all items offered for sale are provided on an "as is" and "as available" basis without warranties of any kind. FDPI does not make, and hereby disclaims, any representation, agreement or warranty whatsoever, express or implied, including but limited to any warranties of merchantability, fitness for a particular purpose, title, noninfringement of third parties' rights or any warranty that the Website or content will (i) meet your requirements; (ii) be uninterrupted, timely, secure, or error-free; (iii) provide results that will be effective, accurate, or reliable; (iv) be free from any errors or any defects, or that such errors or defects will be corrected.
You understand and acknowledge that (i) FDPI does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the Website, including, without limitation, third party vendors and third parties accessible through links on the site; (ii) FDPI makes no representation or warranties whatsoever about any such third parties, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) FDPI shall not be liable or responsible for any content, products, or services offered by third parties.
Liability under this agreement from any and all causes, including, but not limited to, program malfunction or operational negligence, shall be limited to general money damages in an amount not to exceed the total program fees paid by you. Such limitation shall be the full extent of our liability in the aggregate regardless of the form in which any legal or equitable action may be brought against a company party (including negligence), and the foregoing shall constitute the sole remedy for any and all claims. In no event shall we be responsible for lost profits or special, indirect, incidental, punitive or consequential damages to any person, even if we know or have been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of incidental or consequential damages, so not all of this section 6 may apply to you. FDPI's liability in such jurisdictions shall be limited to the maximum extent permitted by law.5. Indemnification.
You agree to defend, indemnify, and hold us harmless, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, your access to, use or misuse of the Content or Website, or access to, use or misuse of the Content or Website by any other person using your username and/or password. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section 7. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.6. Termination of this Agreement.
By Us. We reserve the right, in our sole discretion, to change, restrict, suspend, or terminate this Agreement and your access to all or any part of the Website or the Content, at any time and for any reason without prior notice or liability. In addition, we reserve the right to change, suspend, or discontinue all or any part of the Website or the Content at any time without prior notice or liability.
By You. You may terminate this Agreement at any time by notifying us at FDPI, attn: Cancellation, 100 University Drive, Amherst, Massachusetts 01002.
Survival. If this Agreement is terminated, Sections 1, 4, 5 and 6 shall survive the termination of this Agreement.7. Miscellaneous.
If any provision of this Agreement is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement. No waiver shall be effective against us unless we make it in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Headings are for convenience only and have no legal import. This Agreement will be governed by the laws of the Commonwealth of Massachusetts applicable to contracts entered into and performed exclusively in Massachusetts. Any court of competent jurisdiction sitting within Hampden County, Massachusetts will have exclusive jurisdiction and venue for any dispute arising out of or relating to the Website or this Agreement, and you hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue is not appropriate or convenient.
FDP®, FDPI®, FDP Institute®, Financial Data Professional Institute®, Financial Data Professional®are the exclusive service marks of the FDP Institute.
Updated March 25, 2019