Effective Date: October 22, 2018
- Terms Specific to Each Widget. The Widgets are intended to provide Licensee and those who use Licensee's website ("End Users") with certain information, depending on the nature of the Widget.
- The FINFACT Widget provides data and graphics describing consumer knowledge and behavior related to financial literacy and financial capability.
- Licensee's Responsibility for Licensee's Website. Licensee shall be solely responsible for Licensee's website, including its development, maintenance, and operation, and all hardware and software used therefor. Likewise, Licensee shall be responsible for all content, data, materials, and information that appear within or on it.
- Warranty Disclaimer. LICENSEE ACKNOWLEDGES AND AGREES THAT THE WIDGETS AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS, AND THAT LICENSEE'S USE OF ANY WIDGET(S) SHALL BE AT LICENSEE'S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FINRA AND FINRA FOUNDATION, THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS (THE "FINRA PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WIDGETS AND CONTENT AND LICENSEE'S USE THEREOF. FINRA FOUNDATION MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE QUALITY, ACCURACY, OR COMPLETENESS OF THE WIDGETS OR THE CONTENT THEREIN AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, QUALITY, OR INACCURACIES OF CONTENT; (II) TECHNICAL ERRORS AFFECTING THE WIDGETS IN ANY WAY; (III) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WIDGETS BY ANY THIRD PARTY; AND/OR (IV) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY WIDGET. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY LICENSEE FROM FINRA FOUNDATION OR THROUGH OR FROM USE OF ANY WIDGET OR CONTENT SHALL BE INTENDED TO PROVIDE ANY LEGAL, TAX, INVESTMENT, OR FINANCIAL ADVICE OR TO BE COMPLETE ON ANY SUBJECT MATTER CONTAINED THEREIN.
- Limitation of Liability. IN NO EVENT WILL THE FINRA PARTIES BE LIABLE TO LICENSEE 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 AND CONDITIONS OR THE USE OR DISTRIBUTION OF ANY WIDGET, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT FINRA FOUNDATION 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 TO LICENSEE.