FINRA Fund Analyzer Terms of Use

Resources | Methodology & Data Sources | Glossary | Terms of Use

Effective Date: January 29, 2016

The Financial Industry Regulatory Authority, Inc. (“FINRA”) provides digital content pertaining to breakpoint information as populated by mutual fund companies in the NSCC Profile II database through a tool (the “Fund Analyzer Tool"). This Fund Analyzer terms of use contains the terms and conditions upon which you may access and use the Fund Analyzer Tool available on or through the Fund Analyzer Tool website (“Terms of Use”). The use of the Fund Analyzer Tool is conditioned upon the acceptance by you (“you or your”), without modification, of these Terms of Use and the terms and conditions displayed at http://www.finra.org/legal-notices, which are incorporated herein by reference. FINRA reserves any rights, privileges, or immunities not expressly granted under these Terms of Use.

  1. These Terms of Use shall be effective as of the Effective Date set forth above and shall remain in effect so long as the Fund Analyzer Tool is used by you, unless terminated earlier in accordance with these Terms of Use.
  2. The Fund Analyzer Tool is a proprietary product and employs proprietary software. FINRA reserves all intellectual property and proprietary rights in and to the Fund Analyzer Tool. You acknowledge and agree that FINRA 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 FINRA and its affiliates ("Licensed Marks"). Nothing contained in these Terms of Use shall serve to transfer to you any ownership or proprietary interest to the Licensed Marks. You are not authorized to use any Licensed Marks.
  3. FINRA makes no exclusive proprietary claim to the specific fund content in the Fund Analyzer Tool that is not created by FINRA. FINRA obtains the specific fund content provided via the Fund Analyzer Tool from third party sources. You are neither restricted nor prohibited by FINRA from obtaining a copy of any original filing or content from a non-FINRA source. In the event you have any questions pertaining to fund specific content in the Fund Analyzer Tool, you should contact the relevant specific fund directly. FINRA is unable to answer any queries relating to fund specific content.
  4. FINRA reserves the right to modify or discontinue the Fund Analyzer Tool with or without notice to you. FINRA will not be liable to you or any third party should it exercise its right to modify or discontinue a Fund Analyzer Tool. If you object to any such changes, your sole recourse will be to cease access to that Fund Analyzer Tool. Continued use of the Fund Analyzer Tool following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with that Fund Analyzer Tool as so modified.
  5. You agree that the Fund Analyzer Tool shall be used ONLY for your own personal or professional use as follows:
    • for providing specific fund content to specific clients, but in no event any other commercial purpose, including as part of a service bureau or similar arrangement;
    • for noncommercial educational and research purposes consistent with the protection of investors and the public interest; and
    • to distribute the output of the Fund Analyzer Tool via the email function. By using the email function you acknowledge that FINRA may collect report and email-related data for the purposes of improving the tool, traffic analysis, troubleshooting and other purposes. FINRA does not sell personal content to third parties for commercial purposes.
  6. All other uses are prohibited without advance permission in writing from FINRA. All requests to use the Fund Analyzer Tool for other purposes must be made in writing to FINRA clearly stating the purpose and manner in which the Fund Analyzer Tool will be used. Requests may be submitted to FINRA, Firm Compliance Tools, 1735 K Street NW, Washington, DC 20006. FINRA, in its sole discretion, may approve or reject any request.
  7. Except as otherwise expressly specified in these Terms of Use, you may not (a) decompile, reverse engineer, disassemble, modify, distribute, or create derivative works or improvements from the Fund Analyzer Tool or any portion thereof, or attempt to discover any source code, protocols, or other trade secrets in the Fund Analyzer Tool; (b) obtain or attempt to obtain unauthorized access to FINRA’s network; (c) incorporate the Fund Analyzer Tool into any hardware or software device that you are not authorized to use or otherwise modify; (d) use, export, or re-export the Fund Analyzer Tool in violation of applicable laws or regulations; (e) sell, lease, loan, distribute, transfer, or sublicense the Fund Analyzer Tool or access thereto or derive income from the use or provision thereof, whether for direct commercial or monetary gain or otherwise; (f) use the Fund Analyzer Tool in any unlawful, obscene, harmful, threatening, harassing, defamatory or hateful, that invades the privacy of any third party manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use; (g) use the Fund Analyzer Tool or Licensed Marks in a manner that infringes, violates or misappropriates FINRA’s, its affiliates, or a third party’s intellectual property rights; (h) use of any data mining, robots or similar data gathering or extraction tools; (i) display the Fund Analyzer Tool or the Licensed Marks on any website or in any manner that disparages FINRA or is otherwise threating, vulgar or inappropriate as FINRA determines, in its sole discretion; or (j) use the Fund Analyzer Tool for any enterprise or commercial purposes for which you have not been granted written permission by FINRA.
  8. You represent and warrant that: (i) you have all the rights, power and authority (including without limitation all required third party licenses or permissions) to engage in the activity contemplated by these Terms of Use; and (ii) you are responsible for all activity related to or content provided on your website, and FINRA disclaims any and all liability relating thereto.
  9. (a) YOU ACKNOWLEDGE AND AGREE THAT THE FUND ANALYZER TOOL IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND THAT YOUR USE OF THE FUND ANALYZER TOOL SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FINRA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS (THE “FINRA PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE FUND ANALYZER TOOL AND YOUR USE THEREOF. FINRA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE QUALITY, ACCURACY OR COMPLETENESS OF THE FUND ANALYZER TOOL THEREIN AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, QUALITY, OR INACCURACIES OF CONTENT; (II) TECHNICAL ERRORS AFFECTING THE FUND ANALYZER TOOL IN ANY WAY; (III) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE FUND ANALYZER TOOL BY ANY THIRD PARTY; AND/OR (V) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE FUND ANALYZER TOOL.

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

    (b) IN NO EVENT WILL THE FINRA 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 OR DISTRIBUTION OF THE FUND ANALYZER TOOL, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT FINRA 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.
  10. In consideration of your use of the Fund Analyzer Tool, you agree that FINRA may collect generic tracking data related to your or your end users’ use of the Fund Analyzer Tool in accordance with the FINRA website Privacy Policy found at http://www.finra.org/finra-website-privacy-policy.
  11. This Terms of Use constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous agreements between the parties with respect to such subject matter. This 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. The parties hereto agree that the jurisdiction for any claim brought under these Terms of Use shall be in New York City, State of New York. The parties hereto expressly waive any right to a jury trial. If any of the provisions of these Terms of Use shall to any extent be invalid or unenforceable, the remainder of these Terms of Use shall not be affected thereby, and each term and provision of these Terms of Use shall be valid and enforceable to the fullest extent permitted by law.