Welcome to the website for the Derivatives Market Institute for Standards (“DMIST” or “we” or “us” or “our”). DMIST is a standards body in the exchange traded and cleared derivatives industry. DMIST was formed to encourage widespread adoption of standards in the exchange traded and cleared derivatives industry that will help make markets more efficient, resilient, and competitive for all.
1. Affiliates and Third Parties. You may access resources or other materials through our websites that are provided by a third party or by an affiliate of DMIST. These resources, products, and services (referred to in these Terms as “Outside Services”) are not governed by these Terms. Please refer to the Terms of Service of the associated provider or affiliate for information regarding Outside Services.
2. DMIST Documents. Our site may make available, pursuant to these Terms, the following items: form documents, templates; guidelines; best practices; market data; indices; exercises; training materials; research materials; newsletters; standards; consultations; and other information (each a “Document” and collectively, “Documents”). We make no representations, warranties or guarantees, express or implied, as to the accuracy, completeness, timeliness, or continued availability of any Documents available through this site, and have no obligation whatsoever to correct, supplement, update, or maintain any of the Documents.
2.1. No Advice. The Documents are intended for general informational purposes only, and are not intended to provide, and do not constitute, investment, tax, business or legal advice to any individual or entity. Site visitors are urged to consult with their own independent advisors before taking action based on any Documents.
2.2. No Attorney-Client Relationship. The Documents are not intended to create an attorney-client relationship, and your use of such documents and information does not and will not create an attorney-client relationship between you and DMIST. The use of a Document is neither legal advice nor the practice of law, and each Document and any applicable instructions or guidance is not customized to your particular needs.
2.3. License to Use Documents. If you use a Document, these Terms control how you may use the Documents. You understand that your use of a Document is for your personal, non-commercial use only, save where expressly provided otherwise, and you agree not to distribute (whether directly or through a third party) or commercially exploit such material or content for yourself or any third party. The copyright in the contents of the website is owned by or licensed to us, and all trademarks and other intellectual property rights in and relating to the website are owned by us or licensed to us to use for such purposes.
2.3.1. You may make a copy of any Document (excluding materials obtained via Outside Services) for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact and you agree not to further modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from the website, including, but not limited to, text, graphics, video, messages, code and/or software, without our prior written consent. If you wish to use any material for other purposes, please write to: email@example.com. We will let you know on what terms such material may be available.
2.3.2. Resale of Documents Prohibited. You agree that any Documents you use may not be sold, distributed, transferred or otherwise made available for commercial gain to third parties without the express written consent of DMIST.
2.4. Audiovisual Documents. Documents may include, without limitation, audio and sound recordings, video recordings, audiovisual presentations, and any written material derived from any of the aforementioned documents, such as transcripts of a sound recording. The terms of this Section 2 shall apply to any such Documents.
2.5. Separate Licenses. This Section 2 does not apply to any Outside Services or to any products or services provided by DMIST that are governed by a separate license or other documentation (“Designated Products and Services”).
3. Responsibilities and Contractual Obligations
3.1. Our website is provided on an “as is” basis. We exclude any warranty, express or implied, as to the quality, accuracy, fitness for a particular purpose, completeness, or usefulness of any materials, information, or services provided through the website.
3.2. We will not be liable to users of the website or Documents for any loss or damage of any nature whatsoever and howsoever arising out of, or in connection with, the viewing, use, or performance of the website or its contents, whether due to inaccuracy, error, omission, or any other cause on the part of us, our servants or agents, or any other person. We cannot and do not guarantee or warrant that any material available for downloading from the website will be free from infection, viruses, and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy, integrity, and use of data which you send and receive.
3.3. We reserve the absolute right to alter, suspend or discontinue any aspect of the website or the services provided through them, including your access to them. We cannot guarantee that the website will operate continuously or without interruptions or be error free. You must not attempt to interfere with the proper working of the website, and, in particular, you must not attempt to tamper with, hack into, data mine, compromise, or otherwise disrupt or threaten to disrupt any computer system, server, router or any other internet-connected device associated with the website.
3.4. This Section 3 does not apply to any Outside Services or to any Designated Products and Services.
4.1. We make no representations whatsoever about any other sites which you may access through our website or which may link to the website. When you access any other website you understand that it is independent from our website and that we have no control over the content or availability of that website. In particular, you agree that any dealings you have with such third-party site operators shall be on the terms and conditions (if any) of the third-party operator.
4.2. A link to any other website does not mean that we endorse or accept any responsibility for the content or use of such website, and we shall not be liable for any loss or damage caused or alleged to be caused by, or in connection with, use of or reliance on any such content, goods or services available on or through any such website or resource.
5. Limitation of Liability and Indemnification. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD DMIST, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE TERMS, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THE TERMS AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF DMIST HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF DMIST, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
6. Notification of Changes. We may from time to time materially modify these Terms and post the updated Terms to our websites.
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8. Miscellaneous. We may assign or subcontract any or all of our rights and obligations under these Terms (subject to applicable law). If any provision of the Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such provision shall be divisible and deemed deleted from them. These Terms and your use of the websites are governed by the laws of the United States and, in particular, the laws of the District of Columbia.
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