Terms of Use

Last modified: October 4, 2019

The use of the ANNEXS.ORG site, including all of its content (ANNEXS Website”), is conditioned upon the acceptance by you (“End User”), without modification, of these terms of use ("Terms of Use"). Financial Industry Regulatory Authority, Inc. (ANNEXS) reserves any rights, privileges, or immunities not expressly granted under these Terms of Use. 

Acceptance of These Terms

a. These Terms of Use govern access and use of the ANNEXS Website. By accessing and using the ANNEXS 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 certify that you have the authority of that organization to enter into these Terms of Use. If you do not agree to these Terms of Use, you must cease all use of the ANNEXS Website. The ANNEXS Website is intended for use only by individuals 13 years of age and older. You are not permitted to and shall not provide us with personal information if you are under 13 years of age.

b. ANNEXS reserves the right to change these Terms of Use from time to time at its sole discretion. Your access and use of the ANNEXS Website constitutes your acknowledgement of, and agreement to, the updated Terms of Use and will be subject to the most current version of the Terms of Use posted on the home or login page of the ANNEXS Website at the time of such use. You should periodically check the "Terms of Use" link on the home or login page of the ANNEXS Website to view the then-current Terms of Use.

Changes to the ANNEXS Website

ANNEXS reserves the right to modify or discontinue the ANNEXS Website with or without notice to you. ANNEXS will not be liable to you or any third party should it exercise its right to modify or discontinue the ANNEXS Website. If you object to any such changes, your sole recourse will be to cease access to the ANNEXS Website and any content accessed through the ANNEXS Website. 

Copyright, Trademark, and Proprietary

a. ANNEXS reserves all intellectual property and proprietary rights in and to the ANNEXS Website. You acknowledge and agree that ANNEXS 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 ANNEXS 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. 

b. The works of authorship contained in the ANNEXS Website, including, but not limited to, all design, text, sound recordings, and images—are owned, except as otherwise expressly stated, by ANNEXS and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, uploaded, posted, framed, altered, stored for subsequent use, or otherwise used in whole or in part in any manner without ANNEXS's prior written consent, except to the extent that such use constitutes "fair use" under the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of ANNEXS's proprietary rights. 

c. You may link to the ANNEXS Website, provided that (i) the appearance, position, and other aspects of the link do not damage or dilute the goodwill associated with ANNEXS's name and trademarks; (ii) the link and/or website that is being linked does not violate ANNEXS's or any third party’s intellectual property rights; (iii) no aspect of the link, including the appearance and position of the link, may create the appearance that an entity is associated with or sponsored by ANNEXS when association or sponsorship does not exist; (iv) the link, when activated by a user, must display the ANNEXS Website web page in its entirety and not within a "frame" on the linked website; and (v) ANNEXS reserves the right to revoke its consent to the link at any time in its sole discretion and you shall remove the link within five (5) days.

d. To request permission to use any ANNEXS-copyrighted material, other than as expressly permitted in these Terms of Use,which is incorporated herein by reference.

e. The Licensed Marks are trademarks or registered trademarks of Financial Industry Regulatory Authority, Inc., in the U.S. and/or other countries. All other trademarks used on the ANNEXS website are property of their respective owners. The absence of a name, logo, or other mark on this list does not constitute a waiver of any and all intellectual property rights that ANNEXS has established in any of its products, services, programs, features, service marks, service names, or logos. Third parties may not use the Licensed Marks without ANNEXS prior written permission.

Permitted Uses

Subject to Restrictions, below, and any other restrictions in these Terms of Use, the content and material provided through the ANNEXS Website shall be used ONLY for your own non-commercial personal or professional use.

Restrictions

In no case may you:

a. decompile, reverse engineer, disassemble, modify, distribute, or create derivative works or improvements from the ANNEXS Website or any portion thereof, or attempt to discover any source code, protocols, or other trade secrets in the ANNEXS Website;

b. obtain or attempt to obtain unauthorized access to ANNEXS Website or network;

c. use the ANNEXS Website in violation of applicable laws or regulations;

d. develop or create a database of data using the ANNEXS Website, except as expressly permitted by any other terms of use on the ANNEXS Website;

e. use any process to monitor or copy the ANNEXS Website in bulk, or use any data mining, scraping or harvesting tools (including robots), or any similar data-gathering or extraction tools;

f. use any device, software, or routine to bypass any software or hardware that limits the volume or frequency of requests for the ANNEXS Website;

g. attempt to interfere with the proper working of the ANNEXS Website, including taking any action that imposes an unreasonable or disproportionately large load on the ANNEXS Website (including by making voluminous, excessive, or repetitive requests for data) or introduce a virus or other malware to the ANNEXS Website;

h. alter or modify the content of the ANNEXS Website; 

i. create derivative works or improvements from the ANNEXS Website;

j. use the ANNEXS 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;

k. use the ANNEXS Website or Licensed Marks in a manner that infringes, violates, or misappropriates ANNEXS, its affiliates’, or a third party’s intellectual property rights;

l. use the ANNEXS Website in any manner that disparages ANNEXS or is otherwise threatening, vulgar, or inappropriate as ANNEXS determines, in its sole discretion; 

m. remove, obscure, make illegible, or alter any original copyright or other notices or indications placed on the ANNEXS Website; or

n. use the ANNEXS Website for any purposes for which you have not been granted written permission by ANNEXS.

ANNEXS reserves the right to suspend, terminate, or block your access to the ANNEXS Website with or without notice to you, in the event that ANNEXS believes that you have violated any provision of these Terms of Use.

Disclaimers; Limitation of Liability

a. YOU ACKNOWLEDGE AND AGREE THAT THE ANNEXS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS, AND THAT YOUR USE OF THE ANNEXS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ANNEXS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS, AND LICENSORS (THE ANNEXS PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE ANNEXS WEBSITE AND YOUR USE THEREOF. ANNEXS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE QUALITY, TRUTHFULNESS, VALIDITY, ACCURACY, OR COMPLETENESS OF THE ANNEXS WEBSITE OR ANY THIRD-PARTY WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS OR OMMISSIONS IN ANY CONTENT; (II) TECHNICAL ERRORS AFFECTING THE ANNEXS WEBSITE IN ANY WAY; (III) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE ANNEXS WEBSITE BY ANY THIRD PARTY; AND/OR (IV) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE ANNEXS WEBSITE.

b. NO ADVICE, INFORMATION, OR DATA, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANNEXS OR THROUGH OR FROM USE OF THE ANNEXS WEBSITE SHALL BE INTENDED TO PROVIDE ANY LEGAL, TAX, INVESTMENT, OR FINANCIAL ADVICE OR TO BE COMPLETE ON ANY SUBJECT MATTER CONTAINED THEREIN.

c. IN NO EVENT WILL THE ANNEXS 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 ANNEXS WEBSITE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT ANNEXS 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.

d. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ANNEXS PARTIES SHALL NOT EXCEED $100.

e. Third-Party Content

(i) S&P Global Ratings are opinions and not recommendations to purchase, hold, or sell securities, and they do not address the market value of securities or their suitability for investment purposes. Ratings should not be relied on as investment advice.

(ii) Moody’s ratings and other information (“Moody’s Information”) are proprietary to Moody’s Corporation, Moody’s Investors Service, Inc., Moody’s Analytics, Inc., and/or their affiliates and licensors (collectively, “Moody’s”) and are protected by copyright and other intellectual property laws. Moody’s Information is licensed to ANNEXS by Moody’s.

f. Links to Other Sites

The ANNEXS Website may contain links to websites owned or operated by third parties. If you leave the ANNEXS Website, ANNEXS has no control over the contents of any linked website and is not responsible for these websites or their content or availability. ANNEXS therefore makes no guarantees, representations, or warranties, express or implied, about such linked websites, the third parties they are owned and operated by, the information contained on them, or the suitability or quality of any of their products or services. A link to a third-party website from the ANNEXS Website does not imply sponsorship, approval, affiliation, or endorsement by ANNEXS. Your use of links to third-party websites is at your own risk, and ANNEXS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by, related to, or in connection with any third-party website(s). 

Indemnification

You agree to indemnify, defend, and hold ANNEXS and the ANNEXS 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 ANNEXS Website; (c) any claim that information, content, or data provided to you by ANNEXS in connection to the ANNEXS Website infringe, misappropriate, or otherwise violate or conflict with any applicable law or any person’s (i) patents, inventions, and discoveries; (ii) trademarks, service marks, domain names, social media user names, trade dress, and trade names; (iii) copyrights, moral rights, works of authorship, proprietary designs, and rights in data and databases; (iv) confidential and proprietary information, including trade secrets and invention rights; (v) rights of privacy and publicity; or (vi) any other proprietary rights; or (d) any activities in connection with these Terms of Use.

Privacy

In consideration of your use of the ANNEXS Website, you agree that ANNEXS may collect generic tracking data related to your or your end users’ use of the ANNEXS Website in accordance with the ANNEXS Website Privacy Policy found at, which is incorporated herein by reference. 

Other ANNEXS Policies and Terms

These Terms of Use apply exclusively to your access to and use of the ANNEXS Website, and do not alter the terms or conditions of any other agreements or regulatory obligation you may have with ANNEXS. Additional terms and policies may apply to use of all or portions of the ANNEXS Website and are incorporated by reference into these Terms of Use, such as the ANNEXS Website Privacy Policy. Please refer to and review all additional specific terms and policies, as applicable.

Injunction

In the event of any actual or threatened unauthorized use of the ANNEXS Website, ANNEXS will be entitled, without waiving any other rights or remedies, to immediate injunctive or equitable relief from a court of competent jurisdiction and may obtain any order restraining any threatened or future unauthorized use or loss in each case, on use of affidavit evidence or otherwise, and without furnishing proof of actual damages or posting a bond or other surety. 

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 ANNEXS 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 ANNEXS agree to submit to personal jurisdiction in that court and expressly waive any right to a jury trial. 

Entirety

These Terms of Use constitute the entire agreement between you and ANNEXS with respect to the subject matter hereof. Nothing contained herein shall supersede, alter, or nullify the terms of any other agreements or policies for other ANNEXS products or services accessed through ANNEXS.org (“Other ANNEXS Terms”). In the event of a conflict, between these Terms of Use and the Other ANNEXS Terms, the Other ANNEXS Terms shall govern.

Contact

If you have questions about these Terms of Use, or if you have technical questions about the operation of the ANNEXS Website.