Terms & Conditions

YOU AGREE TO THESE TERMS OF USE BY USING THE SITE

    Please read the following terms of use (“Terms of Use”) before accessing or using our websites (www.structuredfinance.org and www.structuredfinancecoalition.org) and/or any related mobile sites, applications, or features (including those used during our sponsored in-person or virtual events) (collectively, the “Sites”). These Terms of Use are a legally binding agreement between the person accessing the Sites (“you” or “your”) and Structured Finance Coalition(“SFC” “we” “our” or “us”). By accessing and using the Sites, you accept, without limitation or qualification, these Terms of Use. SFC may, at any time and without notice, modify these Terms of Use by revising them on the Sites. Your continued use of the Sites constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms of Use.

    If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit the Sites immediately. You must be at least 13 years old to access and use this Sites.

    ACCOUNT

    To access certain portions of the Sites, you may be asked to register and create an account. You are responsible for maintaining the confidentiality of the login credentials you designate during the account registration process, and you are solely responsible for all activities that occur on the Sites through your login credentials (whether or not authorized by you). You may not reveal, disclose, transfer or share your account and/or login credentials with anyone. Sharing your account and/or login credentials is considered a breach of these Terms of Use. We may hold you liable for any losses incurred by SFC or any other party due to someone else’s use of your account and/or login credentials. You agree to notify SFC immediately upon your becoming aware of any unauthorized use of your login credentials or any other breach of security involving your account. You further agree to keep any registration information you provide SFC current, complete and accurate. You agree that we may deny access, use, and/or registration privileges to any account at any time and in our sole discretion, including if we have reason to believe an account was created with false information or otherwise used for fraudulent purposes. If you make changes to your settings or user permissions within the Sites, it may take some time for our system to process the change and you acknowledge that those changes may not take effect immediately.

    PERMITTED USE OF THE SITE

    During the term of these Terms of Use, SFC grants you a limited, personal, non-transferable, non-exclusive revocable license to access and use the Sites for the following purposes: (a) for general information purposes about SFC and its services, (b) to download certain content SFC makes available for download (“Content”), (c) to upload certain Submissions (as defined below), and (d) to contact us, and (e) for internal business purposes.

    PROHIBITED USE OF THE SITE

    You agree that you will not, directly or indirectly, at any time: (a) share your Sites account credentials with anyone, (b) bypass or breach, or attempt to bypass or breach, any security device or protection used in connection with the Sites, (c) interfere with or disrupt the integrity or performance of the Sites, (d) input, upload, post, transmit, store or otherwise provide to or through the Sites any information or materials that are unlawful or injurious, or contain, transmit, or activate any software, hardware or other technologies, devices, or means which may permit unauthorized access to, or destroy, interrupt, disrupt, disable, distort, or otherwise harm or impede the Sites in any manner or limit the functionality of any computer software, hardware or telecommunications equipment of SFC, (e) introduce any harmful code or prevent anyone from accessing or using the Sites, including any virus, bug, Trojan horse, worm, backdoor, malware or other malicious computer code, and any time bomb or drop-dead device, (f) access or use the Sites in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable law, or (g) upload, post, transmit, store, or otherwise make available Submissions (as defined below) in the Sites that is, in SFC’s sole discretion, unlawful, threatening, abusive, defamatory, misleading, fraudulent, pornographic or otherwise explicit in nature, constitutes unauthorized or unsolicited advertising, or that otherwise violates our rules or policies as may be established or amended from time to time.

    SUBMISSIONS

    You may submit, post, display, or otherwise make available information on the Sites (“Submissions”). Except for the license set forth in these Terms of Use, you retain all ownership rights over your Submissions. Unless you choose to share such Submissions, your Submissions will remain private. SFC will not review, share, or otherwise make use of private Submissions except as specifically provided in our Privacy Policy (as defined below) or these Terms of Use. If in the course of providing technical support or other maintenance of the Sites it becomes necessary for SFC to view your private Submissions, such viewing will be restricted to the very specific technical purpose.

    You may choose to share your Submissions on the Sites by posting it in public areas of the Sites. By posting your Submissions in public areas of the Sites, you hereby grant to us and other users of the Sites a worldwide, sublicensable, assignable, royalty-free, fully paid, perpetual, irrevocable right and license to use, reproduce, modify, translate, distribute, create derivative works of, perform, display, import, and otherwise exploit, without the requirement to make any payment to you or the need to seek any third party permission, such Submissions in any form, media, or technology, whether now known or hereafter devised or developed, and to allow others to do the same, but at all times, in accordance with the Privacy Policy. You represent that (a) you have the right to provide the Submissions to SFC for purposes of your grant of the license that you have granted to SFC and other users in the preceding sentence of this paragraph and (b) all Submissions is true, accurate, current and complete.

    INTELLECTUAL PROPERTY

    Any and all such intellectual property rights (including, but not limited to, copyrights, trade secrets, database rights, trademark rights, trade dress rights, rights to trade names, service marks and other product and service names and logos) associated with the Sites and Content are, and shall remain, the sole and exclusive property of SFC, its affiliates and/or their suppliers and licensors.

    All graphics, icons, and other items that appear on the Sites may be registered or unregistered trademarks, service marks or trade dress (collectively, the “Marks”) of SFC, or other entities that have granted SFC the right and license to use such Marks, and may not be used or interfered with in any manner without the express written consent of SFC or the appropriate third-party owner of such Marks. Except as otherwise expressly authorized by these Terms of Use, you may not copy, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the intellectual property of the Sites in any way without SFC or the appropriate third party’s prior written consent. Except as expressly provided herein, SFC does not grant to you any express or implied rights to SFC or any third party’s intellectual property.

    Any breach hereof by you may be enforced by SFC, its affiliates and/or their suppliers and licensors by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other rights and remedies that may be available. Actual or attempted illegal or unauthorized use of the Sites, Marks or any Content are strictly prohibited and may result in criminal and/or civil prosecution.

    You grant to us a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, royalty-free, fully-paid up license to copy, prepare derivative works from, improve, distribute, publish, remove, retain, add, process, analyze, index, tag, use and commercialize any request, comments, suggestion, recommendation, correction, or other feedback provided by you related to the Sites.

    NOTICE; ELECTRONIC COMMUNICATIONS

    When you visit the Sites or send e-mails to SFC, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

    PRIVACY

    SFC’s privacy policy (the “Privacy Policy”) is incorporated and made part of these Terms of Use. You hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or e-mail address) that you transmit to the Sites by electronic mail or otherwise will be used by SFC in accordance with the Privacy Policy. Any other communication or material you transmit to the Sites, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary.

    Disclaimer – Warranty

    ThE site, its content, materials, SERVICES and products on thE site are provided “as is.”  To the fullest extent permissible pursuant to applicable law, SFC HEREBY disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

    SFC does not represent or warrant that the functions contained in the Sites will be uninterrupted or error-free, that the defects will be corrected, or that the Sites or the server that makes the Sites available are free of viruses or other harmful components. SFC does not make any warranties or representations regarding the use of the materials in the Sites in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. SFC does not make any warranties or representations regarding the security of your personal data. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

    Indemnification

      You release us and will indemnify, defend and hold harmless SFC and its affiliates, and their respective officers, directors, employees, and agents against any claim, loss, damage, settlement, cost, expense or other liability (including, without limitation, attorneys’ fees) arising from or related to (a) your breach of any representation or warranty or other obligation contained in these Terms of Use, or (b) any Submission (together, “Claims”). You will use counsel reasonably satiSFCctory to us to defend each Claim. If at any time we reasonably determine that any Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement without our prior written consent, which may not be unreasonably withheld.

      Limitations of Liability

        YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER SFC, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

        Third-Party Links

          In an attempt to provide increased value to our visitors, SFC may link to sites operated by third parties. However, even if the third party is affiliated with SFC, SFC has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of SFC. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, SFC specifically disclaims any responsibility if such sites: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.

          SFC does not endorse the content, or any products or services available, on such sites. Nonetheless, SFC seeks to protect the integrity of its Sites and the links placed upon it and therefore requests any feedback on not only its own Sites, but for sites it links to as well (including if a specific link does not work).

          Copyright

            Copyright © 2022, Structured Finance Association. ALL RIGHTS RESERVED.

            All content included on the Sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SFC or its content suppliers and protected by United States and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Sites.

            Copyright Complaints

              SFC respects the intellectual property of others. The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by SFC infringe your copyright rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:

              • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
              • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website are covered by a single notification, a representative list of such works at that site;
              • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
              • information reasonably sufficient to permit us to contact you, such as an address, telephone number and email address;
              • a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
              • a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

              All notices described above should be sent to SFC’s Designated Agent (by mail, email, or phone) at:

              1776 I St. NW, Washington, D.C. 20006

              [email protected]

              202-524-6300

              We suggest that you consult your legal advisor before filing a notice or counter-notice as the above-stated notification requirements may have changed. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

              Termination

                You agree that SFC, in its sole discretion, may terminate or suspend your use of the Sites or your subscription, at any time if SFC has a reasonable basis to believe that you are accessing or using the Sites and/or Content in violation of these Terms of Use. Upon suspension or termination, you must immediately (a) discontinue use of the Sites, and (b) destroy any copies you have made of any portion of the Sites or the Content. Accessing the Sites after such termination or suspension shall constitute an act of trespass. Further, you agree that SFC shall not be liable to you or any third party for any termination or suspension of your access to the Sites and/or the Content. The Terms of Use shall survive any such termination or suspension.

                EXPORT CONTROL

                  Content downloaded or otherwise made available from the Sites may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No Content from the Sites may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or by anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.

                  SFC does not authorize the downloading or exportation of any Content from the Sites to any jurisdiction prohibited by the United States Export Control Laws.

                  GOVERNING LAW AND JURISDICTION

                  These Terms of Use and your use of the Sites are governed by the laws of the State of New York, without regard to its choice of law provisions. The courts of general jurisdiction located within New York, New York, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use.

                  ASSIGNMENT

                  You may not assign or transfer these Terms of Use, by operation of law or otherwise, without SFC’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. SFC may assign its rights and duties under these Terms of Use to any party at any time without notice to you. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

                  ENTIRE AGREEMENT

                    These Terms of Use constitute the entire and exclusive understanding and agreement between SFC and you regarding the Sites and related services and these Terms of Use supersede and replace any and all prior oral or written understandings or agreements between SFC and you regarding the Sites and related services.

                    QUESTIONS AND FEEDBACK

                    We welcome your questions, comments, and concerns about the Sites. Please send us any and all feedback pertaining to the Sites to [email protected].