This website, including the Electronic Municipal Market Access (EMMA™) system (collectively,
the "Website"), is administered by the Municipal Securities Rulemaking Board ("MSRB",
"us", "our" or "we"). The Website is to be used solely by parties ("Users" or "you")
for their own internal purposes. By using the Website, you expressly accept and
agree to comply with these Terms and Conditions of Use (“Terms”). You may not use
the Website if you do not agree to these Terms. Therefore, please read these Terms
carefully.
Using the Content and Material
You may view, print and make copies of the content and material presented on the
Website, subject to all the provisions of these Terms, including but not limited
to the provisions under the headings Use Restrictions and Proprietary Rights below.
You may not copy, store, transmit, perform, broadcast, publish, reproduce, create
a derivative work from, display, or distribute, sell, license, rent, lease or otherwise
transfer (either in printed or electronic format) any such content or material in
any way that does not comply with these Terms without our prior written permission.
Further, you may not decompile, disassemble, reverse engineer or otherwise exploit
the Website, without our prior written permission. To request permission to use
any of the content and material on the Website beyond the uses expressly provided
in these Terms, please write to us at: Municipal Securities Rulemaking Board, 1900
Duke Street, Suite 600, Alexandria, VA 22314.
You may place a hypertext link to the Website on your own website, but only if you
comply with each of the following: (a) you shall not change the way the Website
is displayed (i.e., you must display the Website in the same manner in which it
would be displayed if the person accessing the Website through your link had, instead,
directly accessed the Website without using your link); (b) you shall not display
the Website within a frame of another website; (c) you shall not link to the Website
in such a manner as to cause a user of your website to download any specific document
or file on the Website without viewing the page on the Website from which such file
can be downloaded (e.g., you may not link directly to a PDF or zip file); (d) the
link displayed on your website must be a text-only link; (e) you shall make explicit
that you are linking to EMMA but you shall not use any of our logos or any other
graphical design or text in your link or on your website; (f) the look and feel
of the link must not damage or dilute the goodwill associated with our name and
trademarks; and (g) the look and feel of the link must not create the false impression
that you or anyone else is associated with, sponsored by or otherwise endorsed by
us or that any activity engaged in by you or anyone else has been approved by us.
We may revoke our consent to your use of such link on your website at any time.
If we provide you with notice that you may no longer link to the Website you must
remove such link from your website.
Use Restrictions
You may use the Website only for the purposes, and only in compliance with your
obligations, stated in these Terms.
You may not disrupt the functioning of the Website or otherwise interfere with other
Users’ use of the Website. You may not post on, or distribute through, the Website
any computer program that damages, interferes with, intercepts or collects any system,
data or personal information of ours or any third party. You may not attempt to
obtain any materials or information through any means not intentionally made available
to Users through the Website. The information available on this Website is also
available by subscription, for a fee, from the MSRB on a bulk or streaming basis,
as described on the MSRB website at www.msrb.org.
You shall comply with all applicable laws and regulations, including, without limitation,
United States and foreign patent, trademark, service mark and copyright laws. You
may not use the Website in violation of any U.S. export law or regulation. The Website
is intended for use only by individuals 13 years of age and older. You are not permitted
to provide us with personal information if you are under 13 years of age, and we
will not knowingly collect personal information from anyone under 13 years of age.
Proprietary Rights
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General
As between us and you, all right, title and interest in and to the works of authorship
and other content and material contained on the Website are owned, licensed or controlled
by us. Nothing contained in these Terms grants you any of our, our affiliate’s or
any third party’s proprietary rights. All of the content and material on the Website
may be protected by copyright, trademark and other forms of proprietary rights.
You may only use the content and material on the Website in a manner that is consistent
with our, our affiliate’s and all third party’s copyrights, trademarks and other
proprietary rights. Further, you may only use such content in the manner and for
the purposes expressly permitted by these Terms.
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CUSIP® and SECURITIES DATAMANAGER Data
Some information available on the Website is provided by Standard & Poor’s SECURITIES DATAMANAGER
and the CUSIP Service Bureau,
managed by Standard & Poor’s on behalf of the
American Bankers Association
(“ABA”). Such information includes CUSIP standard numbers (“CUSIP Numbers”)
and CUSIP standard securities descriptions. CUSIP Numbers and CUSIP standard securities
descriptions are provided to the MSRB by the CUSIP Service Bureau. The CUSIP Service
Bureau and the ABA assert that the CUSIP Numbers and CUSIP standard securities descriptions
are and shall remain valuable intellectual property of the CUSIP Service Bureau and the ABA,
and you acknowledge and agree that no proprietary rights are being transferred to you in such
information. In addition, some information relating to CUSIP standard securities descriptions
is being supplemented or provided in full from SECURITIES DATAMANAGER. Such CUSIP standard securities
description, as supplemented or otherwise provided, is referred to herein as the “Securities
Descriptions.”
We are providing CUSIP Numbers and Securities Descriptions on the Website solely for the
purpose of identifying municipal securities as an integral part of the trade price information
provided on the Website and to which the official statements and advance refunding documents
provided on the Website are related. No other use of CUSIP Numbers and Securities Descriptions
is granted by us, Standard & Poor’s, the CUSIP Service Bureau or the ABA. You agree that you will not use the
CUSIP Numbers and Securities Descriptions contained on the Website for any other purpose. Such
information obtained from the Website shall not be re-disseminated other than as provided
in these Terms and, to the extent such information is re-disseminated by you to other parties,
you will take all necessary and reasonable precautions to ensure that recipients who obtain
the information directly or indirectly from you do not use CUSIP Numbers or Securities
Descriptions for any other purpose.
THE MSRB IS NOT GRANTING TO ANY USER OR ANY OTHER RECIPIENTS OF CUSIP NUMBERS OR SECURITIES
DESCRIPTIONS ANY RIGHTS OR LICENSE TO THE CUSIP SERVICE BUREAU’S DATABASE OTHER THAN THE RIGHT
TO USE SECURITIES DESCRIPTIONS, CUSIP NUMBERS AND CUSIP STANDARD SECURITIES DESCRIPTIONS FOR
THE LIMITED USE NOTED IN THE FIRST TWO SENTENCES OF THE PRECEDING PARAGRAPH. You specifically
agree that the use of the CUSIP Numbers and Securities Descriptions is not intended to create
or maintain, and does not serve the purpose of the creation or maintenance of, a file of CUSIP
Numbers or standard securities descriptions for yourself or any other third party recipient of
such information, and is not intended to create and does not serve in any way as a substitute
for any CUSIP subscription services now or in the future offered by the CUSIP Service Bureau or
any SECURITIES DATAMANAGER subscription services now or in the future offered by Standard & Poor’s.
Use of Non-Personal Information Supplied by You
This section does not apply to information supplied by you to the Website that can
identify you, which is covered by EMMA's Privacy Policy.
If you supply us with any information, including but not limited to feedback, data,
questions, comments, suggestions or the like, such information shall not be deemed
confidential. All such submissions, whether through the Website or by mail, email,
telephone or otherwise, shall be deemed our property. By submitting such information
you assign to us all worldwide right, title and interest in and to such information.
We may use such information in any way we choose and are not liable for any use
or disclosure of such information. We have no obligation to keep such information
confidential. We are free to reproduce, use, disclose and distribute such information
to others. We are free to use any ideas, concepts, know-how or techniques contained
in such information for any purpose whatsoever, including but not limited to developing
and using, on EMMA or otherwise, products and services based on or containing such
information.
You may only submit materials that are your own original work. You shall not infringe,
misappropriate or violate the rights of anyone else by your submission to us of
any feedback, data, questions, comments, suggestions or the like.
Disclaimer and Limitation of Liability
We are providing the Website and the content and material on the Website without
warranties or representations and on an "as is" basis. WE HEREBY DISCLAIM ALL REPRESENTATIONS
AND WARRANTIES (EXPRESS OR IMPLIED), INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. You shall
bear all risk, related costs and liability and be responsible for your use of all
content and material on the Website. We assume no responsibility for the consequences
of any intentional or unintentional error, omission, inaccuracy, incompleteness
or untimeliness in or with respect to any of the content and material on the Website.
The trade price information provided on the Website represents certain inter-dealer
and customer trades in municipal securities that have been reported by broker-dealers
and banks to us. The trade price information does not necessarily reflect all transactions
that were effected on the specific trade date noted. There is the possibility of
errors in the trade submission process or errors or omissions in other processing
of data, or delays in delivery of data reported by broker-dealers and banks or reported
by us. The trade price information provided on the Website should not be used as
the sole basis for pricing or executing transactions in municipal securities. Prices
for transactions vary with market conditions and can be affected by trade size and
other factors. Neither we nor our suppliers of data products or other services used
to generate the transaction reports warrant or guarantee the accuracy of the trade
price information contained on the Website.
In addition, the official statements and advance refunding documents provided on
the Website are submitted to us by broker-dealers and banks that underwrite offerings
of municipal securities. Such documents may not exist for all offerings of municipal
securities and such documents are not required to be submitted to us for certain
types of offerings. There is the possibility of failures by underwriters to submit
required documents to us, or of errors or delays in the processing of such documents
by underwriters or us. We do not review the information contained in such documents
for accuracy, completeness or any other purpose, and we do not warrant or guarantee
the accuracy of any information contained in such documents.
We and our affiliates, officers, directors, employees, agents, consultants and licensors
shall not be liable or responsible to you or anyone else for any losses, injuries,
damages, costs, expenses or claims caused by, arising out of or relating to the
following: (a) acts, omissions, occurrences or contingencies beyond our or their
control; (b) service interruptions or performance failures, such as those that result
from the use of telecommunications facilities that are outside our control, including
the Internet; (c) negligence, gross negligence or willful misconduct in procuring,
compiling, interpreting, editing, writing, reporting or delivering any of the content
and material on the Website; (d) lost, stolen, late, corrupted, misdirected, failed,
incomplete or delayed transmissions by anyone using the Website, including, but
not limited to, any technical malfunctions, human error, computer viruses, lost
data transmissions, omissions, interruptions, deletions, defects, hyperlink failures
or line failures of any telephone network, computer equipment, software or any combination
thereof; (e) damage to your computer systems, equipment, software, data or other
tangible or intangible property resulting from or sustained in connection with your
use of the Website; and/or (f) any disruption of business, lost sales or lost profits
or any punitive, exemplary, indirect, special, incidental or consequential damages
associated or in connection with, resulting from or arising out of any use of the
Website or the content and material on the Website.
Unless due to willful tortious misconduct or gross negligence, we and our affiliates,
officers, directors, employees, agents, consultants and licensors shall have no
liability in tort, contract or otherwise (and as permitted by law, product liability)
to you or anyone else for any reason associated or in connection with, resulting
from or arising out of your use of the Website.
We and our affiliates, officers, directors, employees, agents, consultants and licensors
make, and have made, no recommendations regarding any of the securities or other
investment vehicles identified, referred to or described on the Website.
Viruses
Your download of content from the Website is at your own risk. We cannot and do
not guarantee, represent or warrant that the Website or its content and material
is compatible with your computer system. Further, we cannot and do not guarantee,
represent or warrant that the Website or its content and material will be free of
harmful or destructive computer programs, such as viruses, worms, Trojan horses
or disabling devices. You alone are responsible for implementing safeguards to protect
the security and integrity of your computer system. You are also responsible for
the entire cost of any service, repairs or connections of and to your computer system
that may be necessary as a result of your use of the Website.
Indemnification
You shall defend, indemnify and hold us harmless from and against all losses, claims,
threatened claims, liabilities, damages, costs and expenses, including reasonable
attorney’s fees, of any kind that arise from your use or misuse of the Website,
including, but not limited to, your non-compliance with these Terms or your violation
of any third-party rights.
Leaving the Website
After leaving the Website, whether via a link contained on the Website or through
the use of your web browser or some other navigational tool, the information you
view is not provided by us. We are not responsible for the content at any other
website. We make no guarantees, representations or warranties as to any content
or material at any other website, including websites that may be reached by links
on the Website.
Modification of the Website
We may at any time modify, suspend or discontinue the Website (or any part thereof)
with or without notice, for any reason. We have no liability to you or to any third
party for any modification, suspension or discontinuance of the Website. We have
no obligation to maintain the Website on a frequent or timely basis.
Changes to these Terms and Conditions of Use
We may revise these Terms at any time. You are bound by any changes to these Terms
upon our posting of such changes on the Website. You should check these Terms often
to make certain that you are aware of the most current Terms. On and after the date
updated Terms are posted on the Website, your use of the Website will be governed
by such updated Terms.
Violations of these Terms and Conditions of Use
We may seek all remedies available to us at law and in equity for your violation
of these Terms. One remedy we may pursue is to block your access to the Website.
Further, your violation of these Terms shall be considered a breach of contract.
We may investigate suspected violations of these Terms. We shall be allowed to cooperate
with: (a) law enforcement authorities in the investigation of suspected criminal
violations; and (b) system administrators at Internet service providers, networks
or computing facilities in order to enforce these Terms. Such cooperation may include
providing Users’ IP addresses or other identifying information to the law enforcement
authorities or system administrators. We may disclose any information we think necessary
to comply with all applicable law, regulation, legal process or governmental request.
Governing Law
These Terms shall be governed by and construed in accordance with federal law and
the laws of the Commonwealth of Virginia, without regard to any principles of conflicts
of law. Any action at law or in equity that arises out of or relates to these Terms
and the Website shall be filed only in the state or federal courts located in the
Commonwealth of Virginia.
Complete Agreement
These Terms represent the entire agreement between you and us relating to your use
of the Website and the content and material on the Website.
Severability
If any provision of these Terms shall for any reason be invalid or unenforceable,
the remaining provisions of these Terms shall be interpreted so as to reasonably
effect the intent of the parties. Any such invalid or unenforceable provisions in
these Terms shall be deemed replaced with valid and enforceable provisions that,
to the extent possible, fulfill the business purposes and intent of such invalid
and unenforceable provisions.
In addition and without limiting the foregoing paragraph, some U.S. states and foreign
countries may provide rights in addition to those provided in the above Disclaimer
and Limitation of Liability section or do not allow the exclusion or limitation
of implied warranties or liability for incidental or consequential damages. Therefore,
the limitations set forth in the above Disclaimer and Limitation of Liability section
may not apply to you or there may be state or country specific provisions that superseded
such limitations. Any provision of the above Disclaimer and Limitation of Liability
section that is declared invalid shall be deemed severable and shall not affect
the validity or enforceability of the remainder.
Trademark and Copyright Notices
"Municipal Securities Rulemaking Board", "Electronic Municipal Market Access" and
"EMMA" are either registered or unregistered trademarks of Municipal Securities
Rulemaking Board.
Copyright©2008 Municipal Securities Rulemaking Board.