Terms of UseLast modified: April 6, 2020
The access and use of any mailing list, email service, website, transaction, or other online forums available on the FINRA Alumni Website (“Service”) is conditioned upon the acceptance by you (“End User”), without modification, of these terms of use, and the terms and conditions displayed at https://www.finra.org/terms-of-use, which are incorporated herein by reference (collectively, "Terms of Use"). Financial Industry Regulatory Authority, Inc. (“FINRA”) reserves any rights, privileges, or immunities not expressly granted under these Terms of Use.
Acceptance of These Terms Terms of Use
These Terms of Use govern access and use of the FINRA Alumni Website. By accessing and using the FINRA Alumni Website, you certify that you have read and understand these Terms of Use. By agreeing to these Terms of Use on behalf of an organization, you represent that you have the authority of that organization to enter into these Terms of Use, and are at least 18 years of age. If you do not agree to these Terms of Use, you must cease all use of the FINRA Alumni Website. FINRA reserves the right to modify or discontinue the FINRA Alumni Website with or without notice to you. FINRA will not be liable to you or any third party should it exercise its right to modify or discontinue the FINRA Alumni Website.
Services
The FINRA Alumni Website comprises of online services provided by Insala, including but not limited to: (1) an online FINRA Alumni directory; (2) moderated forums, discussion boards, clubs, groups, blogs, discussion boards, social and professional networking, photo or video uploading, commenting, and other applications; (3) news and information that may include facts, views, opinions and other expressions of users; (4) third party links, not affiliated with FINRA; (5).
Copyright, Trademark, and Proprietary
FINRA reserves all intellectual property and proprietary rights in and to the FINRA Alumni Website. You acknowledge and agree that FINRA is the exclusive and rightful owner of, and shall retain all worldwide right, title, and interest in and to, all registered and unregistered, and any future registered, names, trademarks, trade dress, service marks, domain names, and logos, or any derivation thereof, and all goodwill therein, of FINRA and its affiliates ("Licensed Marks"). Nothing contained in these Terms of Use shall serve to transfer to you any ownership or proprietary interest in the Licensed Marks.
Permitted Uses
The FINRA Alumni Website shall be used ONLY for your own non-commercial personal use. You grant FINRA a non-exclusive, perpetual, irrevocable right and license to reproduce and distribute any content or material posted on the FINRA Alumni Website.
In consideration for your agreement to the Terms of Use, FINRA grants you a personal, revocable, non-exclusive, non-transferable license to access and use the FINRA Alumni Website.
Rules of Conduct
You may NOT:
a. use the FINRA Alumni Website in violation of applicable laws or regulations;
b. develop or create a database of data using the FINRA Alumni Website, except as expressly permitted by any other terms of use on the FINRA Alumni Website;
c. use the FINRA Alumni Website in any unlawful, fraudulent, misleading, obscene, harmful, threatening, harassing, defamatory, or hateful manner, that invades the privacy of any third party, for any unlawful purpose, or in any manner inconsistent with these Terms of Use;
d. use statements that are bigoted, hateful, racially offensive, or discriminatory toward one or more protected classes;
e. posting material that contains obscene language or images;
f. post non-public sensitive personal information;
g. use any process to monitor or copy, reproduce, distribute, publish, or transfer the FINRA Website, or use any data mining, scraping, or harvesting tools (including robots), or any similar data gathering or extraction tools;
h. use any device, software, or routine to bypass any software or hardware that limits the volume or frequency of requests for the FINRA Website;
i. attempt to interfere with the proper working of the FINRA Website, including taking any action that imposes an unreasonable or disproportionately large load on the FINRA Website (including by making voluminous, excessive, or repetitive requests for data);
j. introduce a virus or other malware to the FINRA Website;
k. use the FINRA Alumni Website or Licensed Marks in a manner that infringes, violates, or misappropriates FINRA’s, its affiliates’, or a third party’s intellectual property rights;
l. use the FINRA Alumni Website to disseminate unsolicited advertising or promotional material of any kind or that may be confused with communications of FINRA, its officers, or employees;
m. use the FINRA Alumni Website in a manner that implies endorsement, approval, or sponsorship by FINRA; or
n. use the FINRA Alumni Website in any manner that disparages FINRA or is otherwise threatening, vulgar, or inappropriate as FINRA determines, in its sole discretion.
FINRA reserves the right to delete any comment or posting You make that violates any provision of these Terms of Use. FINRA also reserves the right to suspend, terminate, or block Your access to the FINRA Alumni Website with or without notice to You, in the event that FINRA believes that You have violated any provision of these Terms of Use.
Disclaimers; Limitation of Liability
a. YOU ACKNOWLEDGE AND AGREE THAT THE FINRA WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND THAT YOUR USE OF THE FINRA WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FINRA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS, AND LICENSORS (THE “FINRA PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE FINRA WEBSITE AND YOUR USE THEREOF.
b. IN NO EVENT WILL THE FINRA PARTIES BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE USE OF THE FINRA WEBSITE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT FINRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. SOME JURISDICTIONS MAY NOT ALLOW LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS RESTRICTION MAY NOT APPLY.
c. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE FINRA PARTIES SHALL NOT EXCEED $100.
Indemnification
You agree to indemnify, defend, and hold FINRA and the FINRA Parties harmless from and against any claims and shall pay all suits, losses, damages, liabilities, claims, expenses, proceedings, and actions, and all related expenses (including reasonable attorneys’ fees and expenses) arising out of, relating to, or in connection with (a) your breach of any terms, provisions, covenants, warranties, or representations contained herein and/or in connection with these Terms of Use; (b) your use or misuse of the FINRA Alumni Website; and (c) any activities in connection with these Terms of Use.
Privacy
In consideration of your use of the FINRA Alumni Website, you agree to the FINRA Privacy Policy found at http://www.finra.org/privacy-policy, which is incorporated herein by reference.
Other FINRA Policies and Terms
These Terms of Use apply exclusively to your access to and use of the FINRA Alumni Website and do not alter the terms or conditions of any other agreements or regulatory obligation you may have with FINRA.
Termination of Service
FINRA may terminate your rights to use and access the FINRA Alumni Website at any time, without notice, for conduct that violates these Terms of Use or other FINRA policies or guidelines.
Choice of Law
These Terms of Use shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. You and FINRA agree that any claim arising under these Terms of Use shall only be brought in the state or federal courts located in the County and State of New York. You and FINRA agree to submit to personal jurisdiction in that court and expressly waive any right to a jury trial.
Contact
If you have questions about these Terms of Use, or if you have questions about the FINRA Alumni Website, please contact the alumni program committee at [email protected]