Last Modified: March 2, 2016
No Reliance on Information Posted
The New York Fed publishes the Rate Data available for general information purposes as described on the EFFR Data page and the OBFR Data page. You assume the entire risk related to your reliance on and use of the Rate Data for yourself or on behalf of any other person, including use of the Rate Data as the basis for a financial instrument or transaction or any other commercial activity. As further stated below, the New York Fed disclaims all liability and responsibility arising from reliance on or use of Rate Data by you or anyone with whom you share the Rate Data. The Rate Data is not investment advice and the New York Fed does not endorse, promote, or participate in the pricing of any financial instrument or transaction that references the Rate Data.
The New York Fed may alter the methods of calculation, publication schedule, rate revision practices or availability of the Rate Data at any time without notice. The New York Fed may withdraw, modify or amend published Rate Data in its sole discretion and without notice.
You may use, reproduce, publish, distribute or reference the Rate Data for your personal or business purposes only if you do not state or imply that the New York Fed endorses any use, reproduction or publication of the Rate Data or any product, service or financial instrument that you create or derive based on the Rate Data
You may not use the name of the New York Fed or any Federal Reserve trade names, trademarks, service marks, or product names related to the Rate Data, except to identify the Rate Data.
You must not attempt to gain unauthorized access to, interfere with, damage or disrupt the New York Fed’s publication of the Rate Data, or any computing device or electronic service the New York Fed uses to calculate, process, store, transmit or display the Rate Data (the “Rate Data Resources”). The New York Fed monitors the Rate Data Resources and will take appropriate action, including referral to law enforcement, for any illegal or unauthorized access or use or attempted access or use of the Rate Data Resources.
RATE DATA IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. The New York Fed disclaims all warranties, express or implied, to the fullest extent permitted by law, including all warranties as to the accuracy, timeliness, completeness, merchantability, fitness for any particular purpose, title, quality or non-infringement of the Rate Data and the results attained from use of the Rate Data. The New York Fed does not warrant that publication or availability of the Rate Data will be free from interruption or that the Rate Data is accurate, complete, reliable, or useful.
Limitation of Liability
EXCEPT AS EXCLUDED OR LMITED BY APPLICABLE LAW, THE NEW YORK FED IS NOT, UNDER ANY CIRCUMSTANCES, LIABLE TO YOU OR ANY OTHER PERSON FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH USE OF OR INABILITY TO USE THE RATE DATA, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ATTORNEYS' FEES), PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF THE NEW YORK FED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS AND REGARDLESS OF WHETHER SUCH DAMAGES OR LOSS IS FORESEEABLE. UNDER NO CIRCUMSTANCES IS THE NEW YORK FED LIABLE TO YOU OR ANY OTHER PERSON FOR ANY AMOUNT AS A RESULT OF YOUR USE OF THE RATE DATA.
Release and Waiver
To the maximum extent permitted by law, you hereby release and waive all claims against the New York Fed, and its officers, agents, and employees from any and all liability for claims, damages, costs and expenses (including litigation costs and attorney’s fees) of every kind and nature, arising from or in any way related to your use of the Rate Data. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish, to the maximum extent permitted by law, any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect.
The New York Fed may participate in the defense of any third-party claim at its expense. You may not settle a third-party claim without the written consent of the New York Fed except that written consent will not be required if the settlement (a) contains no finding or admission of fault or violation of law or rights of any person, (b) provides for monetary damages to be paid in full by you as the sole relief, and (c) includes a complete and unconditional release of the New York Fed from all liability in any way related to the third-party claim.
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