Last Updated on September 29, 2021
Please read these Terms of Service (“Terms of Service”) carefully because these Terms of Service constitute a legally binding agreement between any person (“you”) using a website powered by BondLink (the “Site”) and BondLink, Inc. (“BondLink,” “we,” “us” or “our”). You may not use the Site (or Content or Services, as defined below) if you do not agree to these Terms of Service.
Subject to your compliance with the terms and conditions of these Terms of Services, BondLink hereby grants you the right to access and use the Services for the intended purpose of the Services.ACCOUNT REGISTRATION AND RESPONSIBILITIES.
- To access and use the Services, you must register for a BondLink account and you represent and warrant that all information provided to BondLink in connection with these Terms of Services, including in the process of registration for the Services, is true, accurate, and complete.
- You represent you are creating this Account in your own name and not for any other individual or entity and that you will not provide access to your Account to any other individual or entity.
- You acknowledge and agree that your use of the Services is dependent upon access to telecommunications and Internet services. You will be solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software required to access and use the Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to the foregoing.
- You shall safeguard the Services and your Account from misappropriation, theft, misuse or unauthorized access. Access to the Services is enabled only by login codes and passwords. You shall notify BondLink immediately if you have any reason to believe that your login code(s) or password(s) has been lost or compromised or misused in any way. You, and not BondLink, are fully and solely responsible for any and all use of the Services using your login code(s) and password(s).
- You immediately shall notify BondLink in writing at firstname.lastname@example.org, and cooperate fully with BondLink, in the event you discover or suspect: (i) any unauthorized use of or access to the Services, or (ii) any security incident involving the Services. In the event of such a security incident, you shall take affirmative steps to notify in writing all affected parties of the security incident, to cure the problem that caused the security incident and prevent future security incidents, and to mitigate the effects of the security incident. Additionally, BondLink, in its discretion, may notify such users of the Services of the security incident.
- You agree to comply with all applicable federal, state, local and foreign laws, rules and regulations in using the Services, including, without limitation all applicable privacy, data security, copyrights and securities laws (collectively, “Applicable Law”).
- You agree not to access or use the Services in an unlawful way or for an unlawful or illegitimate purpose, including without limitation any violation of any laws in the applicable jurisdiction (including copyright and intellectual property laws) and antifraud or registration provisions of the securities laws of the U.S. or any state thereof.
- You agree to not, directly or indirectly: (a) modify, copy or create any derivative works based on the Services; (b) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise make the Services available to any third party; (c) access or use (or allow a third party to access or use) the Services for competitive analysis or to build any competing products or services; (d) copy any features, functions, integrations, interfaces or graphics of the Services; (e) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including, without limitation, any software or applications utilized by BondLink in the provision of the Services), (f) remove any copyright, trademark or other proprietary rights notice from the Services; or (g) otherwise use or exploit the Services in any manner not expressly permitted by these Terms of Services.
- The Services allow you to send certain communications and to otherwise communicate with others using the Services by transmitting via the Services. You hereby acknowledge that any information you render to through the Services is at your sole discretion and risk and you assume full responsibility for all such information. You agree to use such portion of the Services in accordance with Applicable Law and not in any unlawful way including sending any messages or information under a false name; conveying information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening, hateful to any person, or is otherwise tortious material; or transmitting information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others.
- You shall not attempt to disrupt the operation of the Services in any manner, including without limitation, through the use of methods such as denial of service attacks, flooding, or spamming, and you will not transmit, distribute, introduce or otherwise make available in any manner through the Services any computer virus, keyloggers, spyware, worms, Trojan horses, time bombs or other malicious or harmful code (collectively, “Harmful Code”). You shall not use the Services in any manner that could damage, disable or impair our services or networks. You shall not attempt to gain unauthorized access to our computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Services.
- The enumeration of violations in this “RESTRICTIONS ON USE” section is not meant to be exclusive, and BondLink provides notice hereby that it has and will exercise its authority to take whatever action is necessary to protect the Services and others from acts that would be adverse to the purposes of these Terms of Services, including termination of your access to the Account.
As part of the Services, BondLink provides customer support related to the Services during normal business hours. You may contact us at the email address email@example.com.ISSUER CONTENT.
- Certain Information displayed on the Site has been provided by issuer or obligor named on such Site (the “Issuer”), including without limitation, financial and operating information, historical debt information, financial statements, expenditure reports, and other financial and economic data and such issuer or obligor’s trademarks, copyright or logos (the “Issuer Content”). BondLink takes no responsibility for such information and makes no representations as to its accuracy or suitability for any purpose. BondLink makes no recommendations with respect to any investment or sale of securities by any Issuer.
- As between you and BondLink, BondLink owns all rights, title and interest, including all related intellectual property rights, in and to the Services other than the Issuer Content, including software and scripts, and all text, data, files, documents, layout, design, function and “look and feel,” graphics, images, audio, videos, audiovisual combinations, interactive features and any other materials, content, or other works created by us or on our behalf or available on or through or in connection with the Services, but specifically excluding the Issuer Content (collectively, “BondLink Content”).
- These Terms of Service do not convey to you any rights of ownership in or related to the Services. BondLink’s service marks, logos and product and service names (the “BondLink Marks”) are owned by BondLink.
- BondLink will own all aggregated or anonymized data it collects or generates on or through the Services, including through the operation of the Services, and you agree that nothing in these Terms of Service will prohibit BondLink from generating and utilizing such aggregated or anonymized data for any purpose, provided such aggregated or anonymized data does not reveal the name of the source of the original information or any personally identifying information about you or your Representatives. You shall not take any action to jeopardize, limit or interfere with BondLink’s ownership of and rights with respect to the Services.
In order to continually improve the Services, BondLink welcomes feedback, ideas, enhancement requests, proposals, corrections and suggestions regarding the Services. In providing such feedback, ideas or suggestions (“Feedback”), you and any other person providing Feedback acknowledge and agree that such Feedback is not subject to confidentiality or compensation. By submitting such Feedback to BondLink, you waive and all rights to the Feedback and agree BondLink may implement and use the Feedback in its sole discretion, without attribution or compensation of any kind and without obtaining permission or license from you or any third party.BETA SERVICES.
From time to time, BondLink may, in its sole discretion, invite you to use, on a trial basis, certain beta features that are in development and not yet available to all users of the Services (“Beta Services”). Such Beta Services may be subject to additional terms and conditions and all associated conversations and materials will be considered BondLink Confidential Information, and subject to the Confidentiality provision in these Terms of Service. Without limiting the foregoing, you agree not to disclose your participation in the Beta Services or information with respect to the Beta Services without BondLink’s prior written consent. BondLink may discontinue a Beta Service at any time and will have no liability whatsoever arising from the Beta Service. BondLink may change or not release a final version of a Beta Service in its sole discretion.CHANGES TO SERVICES AND TERMS OF SERVICE.
You can review the current version of the Terms of Service at any time at www.bondlink.com/terms. BondLink reserves the right to update and change the Terms of Service by posting updates and changes to the URL listed in the preceding sentence. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. Your continued use of the Services after the amended Terms of Service are posted to BondLink’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use to the ServicesLIMITATION OF LIABILITY AND DISCLAIMER.
- YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, BONDLINK WILL IN NO EVENT BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, LOSS OF PROFITS, BUSINESS OPPORTUNITIES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR SERVICES OR OTHERWISE ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE SITE OR THESE TERMS AND SERVICES, WHETHER IN A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE.
- YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. EXCEPT AS EXPRESSLY SET FORTH IN THE USER AGREEMENT, BONDLINK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. EXCEPT AS EXPRESSLY SET FORTH IN THE USER AGREEMENT, BONDLINK DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND INCLUDING OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. BONDLINK MAKES NO GUARANTEES THAT ANY RESULTS MAY BE OBTAINED FROM USE OF THE SERVICES AND MAKES NO REPRESENTATIONS ABOUT THE QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, LEGALITY OR SUITABILITY OF THE SERVICES. BONDLINK ASSUMES NO RESPONSIBILITY FOR ANY INTENTIONAL OR UNINTENTIONAL ERROR, OMISSION, INACCURACY, INCOMPLETENESS, UNAVAILABILITY, INTERRUPTION, DELAY, SLOW STREAMING, SLOW DOWNLOADING SPEED, OR UNAUTHORIZED ACCESS IN OR WITH RESPECT TO THE SITE, CONTENT OR SERVICES OR FOR THE CONSEQUENCES OF USE THEREOF.
- You acknowledge and agree that BondLink will not be liable or have any responsibility of any kind for any loss, damage or harm that you, your Representatives or any third party incurs as a result of the use of the Services.
- You shall be solely and fully responsible for any damages to any computer system, loss or corruption of data, or any improper use of information or the Services caused by you.
- To the extent permitted by Applicable Law, you release BondLink, its licensors and suppliers, from any claims, demands, and damages of every kind and nature (including without limitation, actual, special, incidental and consequential), known or unknown, arising out of or in any way connected with the use of the Services. You waive the provisions of any state or local law limiting or prohibiting a general release.
- Certain trading and market data provided on the Site is submitted to BondLink by unrelated third parties. BondLink does not review data submitted by third parties for accuracy, completeness or reliability, and does not warrant or guarantee the accuracy, completeness, reliability or any other aspect of any such data or related information. The use of such information is subject to the additional disclaimers by such third parties as provided below.
- IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN NO EVENT SHALL BONDLINK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH THE LIABILITY AROSE. THE PRECEDING PROVISION IS SUBJECT APPLICABLE LAW.
To the extent permitted by Applicable Law, without limiting the generality or effect of other provisions of these Terms of Services, as a condition of use of the Services, you agree to indemnify, hold harmless and defend BondLink and its parents, subsidiaries, affiliates and their officers, directors, affiliates, subcontractors, agents and employees, lenders, licensors and suppliers and their parents, subsidiaries, affiliates, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including reasonable attorney’s fees) incurred by any Indemnified Party in connection with any claims arising out of, involving or relating to: (i) your use of the Services; (ii) any information or data provided by you, (iii) your violation of any Applicable Law; and/or (iv) your breach of any obligations set forth in these Terms of Services. You shall not settle any such claim without the written consent of the applicable Indemnified Party.NON-DISCLOSURE AND CONFIDENTIALITY.
“BondLink Confidential Information” includes, but is not limited to, any information of BondLink and its licensors and suppliers associated with the Services or its business that is not publicly known, including business pricing, information, software, codes, technology, logic, techniques, formats, tools, designs, concepts, methods, processes, ideas, functional specifications, technical materials and information, and related documentation and other confidentiality and proprietary information.
- You agree to maintain and safeguard, and require your Representatives to maintain and safeguard, the privacy and security of all BondLink Confidential Information, with the same level of diligence and safeguard as you would with your own confidential information. Not to limit the foregoing, you agree to use the BondLink Confidential Information only for the purpose for which such Confidential Information was made available to you as a part of the Services and not to permit any unauthorized individual or third party access the Services or any BondLink Confidential Information for any other individual or any unauthorized third party.
- You hereby agree that you shall be responsible hereunder for any breach or threatened breach by you of the obligations set forth in this Section (Non-Disclosure and Confidentiality). You acknowledge and further agree that all obligations relating to BondLink Confidential Information under these Terms of Services will continue after termination of these Terms of Services and termination of access rights hereunder.
- We reserve the right, in our sole discretion, to revoke, terminate or suspend any privileges associated with accessing the Services for any improper use of the Services or failure to comply with these Terms of Services, and to take any other action we deem appropriate to protect the Services or users of the Services from Harmful Code or in the event of a security incident. You agree that BondLink shall not be liable to you or any third party for any termination of your access to the Services.
- Upon termination or expiration of these Terms of Services (a) you will cease accessing and/or using the Services; and (b) except as specified in the following paragraph, BondLink will have no obligation to maintain your Account or to retain or forward any data to you or any third party, except as required by applicable law.
- All provisions of these Terms of Services which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, confidentiality, and limitations of liability. BondLink reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Services in its sole discretion. You agree that you will not rely on the Services as your sole record keeping system.
Certain information on the Site is provided by ICE Data Pricing & Reference Data, LLC (and its affiliates as applicable) (“PRD”). Copyright 2020, PRD. Reproduction of PRD Content (as defined below) in any form is prohibited excepted with the prior written permission of PRD. None of PRD, its affiliates, or their third party information providers guarantee the accuracy, adequacy, completeness or availability of any PRD municipal curve data or any portion thereof (“PRD Content”) and is not responsible for any errors or omissions, regardless of the case or for the results obtained from the use of such information. In no event shall PRD, its affiliates or any of their third party information providers be liable for any damages, costs, expenses, legal fees, or losses (including lost income or lost profit and opportunity costs) in connection with the Site visitors’ or others’ use of the PRD Content or any portion thereof.MUNICIPAL MARKET ANALYTICS INC.
ALL OF THE INFORMATION PROVIDED BY MUNICIPAL MARKET ANALYTICS INC.’S (“MMA”) IS PROTECTED BY U.S. COPYRIGHT LAW AND MAY NOT BE COPIED OR OTHERWISE REPRODUCED, REPACKAGED, FURTHER TRANSMITTED, TRANSFERRED, DISSEMINATED, REDISTRIBUTED OR RESOLD, OR STORED FOR SUBSEQUENT USE FOR ANY SUCH PURPOSE, IN WHOLE OR IN PART, IN ANY FORM OR MANNER OR BY ANY MEANS WHATSOEVER, BY ANY PERSON WITHOUT MMA PRIOR WRITTEN CONSENT.
All information on the Site sourced to MMA is obtained by MMA from sources believed by it to be accurate and reliable as of the time of collection, but MMA has not independently verified or otherwise investigated that information. INFORMATION AND ANALYSIS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND MMA MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY SUCH INFORMATION OR ANALYSIS.
MMA is not a broker or investment advisor, and does not provide investment advice or recommendations directed to any particular subscriber. The analysis provided by MMA should be construed solely as statements of opinion and does not constitute statements of fact or recommendations to purchase, sell, or hold any securities. None of the information and analysis is, or is intended to be, personalized investment advice. Readers should consider these opinions in the context of their own financial situation, objectives, and needs. While past results may be analyzed in this report, past results are not indicative of future performance. The information provided by MMA should not be used by recipients as a substitute for the exercise of their own judgment; nor should they make any investment decision without first consulting their own personal financial advisor and conducting their own research.
MMA may sell research content or consulting services to companies, issuers, or other persons mentioned in this report. MMA does not buy, sell, hold or otherwise trade in municipal securities or related derivatives; however, one or more of its directors, officers, employees, or agents may own long or short positions in securities or related derivatives discussed in this report.
You agree that under no circumstances shall MMA, its officers, directors, owners, employees and agents, have any liability to any person or entity, whether based in contract, tort, strict liability or otherwise, for (a) any loss or damage in whole or in part caused by, resulting from, or relating to any error or any circumstance or contingency within or outside the control of MMA, or any of its officers, directors, owners, employees, or agents, in connection with the procurement, collection, compilation, analysis, interpretation, communication, publication, or delivery of any such information and analysis; or (b) any direct, indirect, special, consequential, compensatory, punitive or incidental damages whatsoever (including without limitation, lost profits) resulting from the use of or inability to use any such information and analysis, even if MMA has been advised of the possibility of such damages.
BY USING MMA’S RESEARCH, YOU ARE HEREBY AGREEING TO THE CONDITIONS AND RESTRICTIONS IN THE PRECEDING PARAGRAPHS.GENERAL TERMS.
- These Terms of Services shall be governed by the laws of the State of Delaware without regard to its rules on conflicts or choice of law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Services.
- These Terms of Services constitutes the sole and entire agreement between you and BondLink for your use of the Services and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in these Terms of Services shall bind either you or BondLink. The allocation of liability set forth in these Terms of Services fairly reflects the economic circumstances and risks that the parties are willing to undertake in view of the amounts paid or payable for the rights to access and use the Services specified herein.
- Any of the terms of these Terms of Services which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of these Terms of Services or affecting the validity or enforceability of these Terms of Services as a whole.
- Failure to insist on performance of any of the terms of these Terms of Services will not operate as a waiver of any subsequent default. No waiver by BondLink of any right under these Terms of Services will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
- You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part. These Terms of Services shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns.
- A printed version of these Terms of Services and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- BondLink controls and operates the Services from its location in the U.S. using servers in the U.S. As a U.S. company, BondLink and its Services are subject to the U.S. economic sanctions and export control laws and regulations. BondLink makes no representation that the Services are appropriate or available for use in other locations. By using the Services outside of the U.S., you agree that you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of the U.S. and other countries. BondLink shall have no liability for your failure to comply with such laws, regulations, licenses or other authorizations in relation to the Services. Notwithstanding any other provision in these Terms of Services, BondLink shall have the right to terminate your access to the Services immediately upon the determination by BondLink that you are not in compliance with U.S. export laws or are in violation of any government privacy and/or data protection laws.
- If you have any dispute with BondLink arising out of or relating to these Terms of Services, you agree to notify BondLink in writing and provide a brief, written description of the dispute and your contact information, and BondLink will have thirty (30) days from the date of receipt of your written notice to attempt to resolve the dispute. If the parties are unable to resolve the dispute through good faith negotiations over such thirty (30) day period under this informal process, either party may seek further relief.