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Use of Content
None of the Content on the DTCC Website shall be considered an offer or recommendation to buy or sell or a solicitation of an offer to buy or sell any security or instrument or to participate in any particular trading strategy. With respect to any DTCC Public Report, there is an explanation of the DTCC Public Report provided on the Related Information section of the Website. The DTCC Public Report does not contain important economic information that may relate to other derivatives activity, such as information on associated positions, on other derivatives activity (including further derivatives positions), and other counterparty or credit risk related positions, including associated collateral positions. As a result, it is not necessarily possible to determine accurate credit and counterparty risk exposure information. Certain of the information, materials or documents may be considered “non-traded” in nature, such as data related to industry compression or tear-up activity, or data on the clearing of existing transactions. In addition, Content included in the DTCC Public Report may be recorded in short form, where not supplied to DTCC as fully matched confirmation records. These short form records may omit necessary data items to identify them as relevant to a specific enquiry. Not all records have been submitted to DTCC as of their trade date, as certain transactions have been loaded in batches.
Further, none of the Content is intended to constitute investment advice or a recommendation to make (or refrain from making) any kind of investment decision and may not be relied on as such. Historical data and analysis should not be taken as an indication or guarantee of any future performance, analysis, forecast or prediction. Limited License for DTCC GCF Repo Index® The Content of the DTCC Website includes DTCC GCF Repo Index data based on: (i) U.S. Treasury Securities, (ii) securities issued by U.S. federal government agencies, and (iii) mortgage-backed securities (each, an “Index,” together the “Indexes”). Should you choose to download or access the Indexes from this website, you must do so in accordance with the limited license granted below unless you have entered into a separate written agreement with DTCC in which case the terms of such written agreement shall control with respect to use of the Indexes within the scope of such agreement while such agreement remains in effect. DTCC may alter the components and methods of calculation of the Indexes, or the availability of the Indexes at any time without notice.
You acknowledge and agree that the following exclusions and those in the Limitation of Liability Section below apply to the Indexes and all Products based on an Index. DTCC DOES NOT REPRESENT OR WARRANT THAT ANY INDEX ACCURATELY REFLECTS PAST, PRESENT, OR FUTURE MARKET PERFORMANCE OR WILL MEET YOUR REQUIREMENTS. DTCC DOES NOT GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INDEX OR ANY DATA INCLUDED THEREIN OR ANY COMMUNICATIONS WITH RESPECT THERETO. DTCC, INCLUDING DTCC SOLUTIONS, SHALL NOT BE SUBJECT TO ANY DAMAGES OR LIABILITES WHATSOVER WITH RESPECT TO PRODUCTS BASED ON AN INDEX OR FOR ANY ERRORS, OMISSIONS OR DELAYS IN ANY INDEX OR ANY DATA INCLUDED THEREIN OR FROM RELIANCE THEREON. DTCC’s sole and exclusive liability for any error in an Index, and your sole and exclusive remedy therefor, will be for DTCC to use commercially reasonable efforts to correct such error on a going-forward basis as soon as reasonably practicable. You will be responsible for all third party claims relating to your positions and/or transactions in respect of Products based on an Index and agree to indemnify DTCC from such claims as provided in the Indemnification Section below.
Products based on an Index are not sponsored, endorsed, sold or promoted by DTCC and you shall not represent or imply otherwise. DTCC makes no representation or warranty, express or implied, to any person with a financial interest in any Product based on an Index, regarding the advisability of such Product or the ability of any Index to track the performance of any aspect of the market. DTCC has no obligation to take the needs of any party to a Product into consideration in determining values of any Index. DTCC is not responsible for and has not participated in any determination of the prices of any Product based on an Index, the amount of any such Product that is sold (or bought) by any person, the time of the purchase and sale of any such Product or any equation by which any such Product is to be converted into or redeemed for cash. DTCC shall have no obligation or liability in connection with the administration or marketing of any such Product.
Limitation of Liability
The entire risk as to the accuracy, completeness and use of the Content of the DTCC Website is with you, as is the risk of viruses and other contamination. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE DTCC WEBSITE.
In providing the indemnity hereunder, you shall not (i) take any action that purports to speak on behalf of DTCC, including without limitation submitting an answer, asserting a defense or any kind or interposing a third party claim; or (ii) consent to entry of any judgment or enter into any settlement which (A) does not include, as an unconditional term, the grant by the claimant to the Indemnified Parties of a release of all liabilities in respect of all claims made in the suit or proceeding, (B) imposes un-reimbursed monetary or continuing non-monetary obligations on any Indemnified Party, or (C) otherwise adversely affects the rights of any Indemnified Party.
The DTCC Website contains hyperlinks to third party websites which are the sole responsibility of such independent third parties, and use thereof is solely at your own risk. DTCC has no control over such third party websites, and DTCC is not responsible for (and under no circumstances shall be liable for) the contents, policies, accuracy or reliability of any websites hyperlinked to the DTCC Website.
Claims, Jurisdiction and Choice Of Law
Information published on the DTCC Website may contain references to products, programs and services that are not announced or available in your country or region. DTCC makes no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region.
Legal and Regulatory Compliance
Regulation of DTCC ITP in the United States
Several DTCC Institutional Trade Processing services are subject to regulation by the U.S. Securities and Exchange Commission (“SEC”). DTCC ITP's TradeSuite ID and TradeMatch, which are U.S.—based electronic trade confirmation and central matching services, are subject to SEC regulation and is a service of DTCC ITP Matching (US) LLC . CTM, which is a central matching service, is subject to SEC regulation when the service is used for trades in which either the broker-dealer or its institutional customer is a U.S. entity and the securities in the trade are issued by a U.S. issuer and is a service of DTCC ITP Matching (US) LLC. The SEC regulation of DTCC ITP Matching (US) LLC is set out in an SEC order granting an exemption from registration as a clearing agency. The order is contained in SEC Release No. 34-44188; File No. 600-32; 66 FR 20494 (April 17, 2001).
Regulation of DTCC ITP Matching (Canada) Limited in Canada
DTCC ITP Matching (Canada) Limited has been granted status as a Matching Utility by the Ontario Securities Commission under NI24-101. DTCC ITP Matching (Canada) Limited has been authorized by the Ontario Securities Commission to offer its matching service, DTCC's CTM to its Canadian clients.
Regulation of DTCC ITP (UK) Limited in the United Kingdom
DTCC (UK) Limited has been authorised by the Financial Conduct Authority (FCA) to carry out regulated activities in the UK as a Service Company. DTCC's CTM and ALERT systems are regulated services in the UK.
SSAE 16 Audit of Control Environment
On an annual basis, DTCC engages an independent third-party auditor to examine and report on the suitability of the design and operating effectiveness of controls for the most widely used DTCC Institutional Trade Processing solutions. The auditor prepares a Service Organization Control (SOC) 1 Type 2 report in accordance with Statement on Standards for Attestation Engagements (SSAE) No. 16, which was published by the American Institute of Certified Public Accountants (AICPA) and supersedes the SAS 70 standard for performing an examination of controls and processes. The SOC 1 report addresses controls in various areas, including data accuracy, security and processing timeliness. The report also contains a description of the control environment, including systems and processes, as well as management's assertion about the design and operating effectiveness of this control environment. Please direct SSAE 16 inquiries to your Relationship Manager, a Sales Associate or by contacting DTCC’s Client Contact Center.
If you have any questions, please contact DTCC’s Compliance Department at firstname.lastname@example.org.