Maintaining Qualifications Program Participation Terms of Use

The access and use of any information submission functions, content, materials, or services available on the Maintaining Qualifications Program (“MQP”) is conditioned upon the acceptance by you, without modification, of these terms of use, and the terms and conditions displayed at https://www.finra.org/terms-of-use are incorporated herein by reference (collectively, "Terms of Use"). Financial Industry Regulatory Authority, Inc. (“FINRA”) reserves any rights, privileges, or immunities not expressly granted under these Terms of Use.

Acceptance of These Terms

These Terms of Use govern access and use of the MQP. By accessing and using the MQP, you certify that you have read and understand these Terms of Use.

The MQP enables previously registered individuals to maintain their qualification for their terminated registrations by completing annual Continuing Education (CE). You are permitted to maintain some or all qualifications, for up to five (5) years from the date of termination if you meet the applicable eligibility conditions. If you participated in the MQP and met the program requirements you can re-register without having to requalify by examination.

  1. Enrollment in the MQP does not permit you to act in a registered capacity.
  2. You can maintain your qualification(s) for a maximum of five (5) years.
  3. If you are subject to a statutory disqualification you cannot enroll in the MQP. In addition, if you become subject to a statutory disqualification while enrolled in the MQP, your enrollment in the MQP will be terminated.

Copyright, Trademark, and Proprietary

FINRA reserves all intellectual property and proprietary rights in and to the MQP. 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 in the Licensed Marks. 

Permitted Uses and Licenses

The MQP shall be used ONLY for your personal non-commercial purposes. You grant FINRA a non-exclusive, perpetual, irrevocable right and license to reproduce and distribute any information or material you provide FINRA as part of your use of and participation in the MQP.

In consideration for your agreement to the Terms of Use, FINRA grants you a personal, revocable, non-exclusive, non-transferable right and license to access and use the MQP.

Rules of Conduct

You may NOT:

a. use the MQP or any MQP Data in violation of applicable laws or regulations, including but not limited to any applicable privacy or data protection laws;

b. develop or create a database of data using the MQP or sell/resell or otherwise monetize any MQP Data in any manner that is not expressly permitted by these Terms of Use;

c. use the MQP or any MQP Data for any purpose other than the permitted uses expressly provided by these Terms of Use, including but not limited to advertise products or services;

d. use the MQP in any unlawful, fraudulent, misleading, obscene, harmful, threatening, harassing, defamatory, or hateful manner, that invades the privacy of any third party, for any unlawful purpose, or in any manner inconsistent with these Terms of Use;

e. provide information to the MQP that, to the best of your knowledge, is untruthful, inaccurate, or out-of-date;

h. use any process to monitor, copy, reproduce, distribute, publish, or transfer the MQP, or use any data mining, scraping, hacking, or harvesting tools (including robots), or any similar data gathering or extraction tools without express prior written consent from FINRA;

j. attempt to interfere with the proper working of the MQP;  

k. introduce a virus or other malware to the MQP;

l. use the MQP or Licensed Marks in a manner that infringes, violates, or misappropriates FINRA’s, its affiliates’, or a third party’s intellectual property rights;

m. use the MQP to disseminate unsolicited advertising or promotional material of any kind or that may be confused with communications of FINRA, its officers, or employees;

n. use the MQP in a manner that implies endorsement, approval, or sponsorship by FINRA; or

o. use the MQP in any manner that disparages FINRA or is otherwise threatening, vulgar, or inappropriate as FINRA determines, in its sole discretion.

FINRA reserves the right to suspend, terminate, or block your access to the MQP with or without notice to you, in the event that FINRA believes that you have violated any provision of these Terms of Use.

Disclaimers and Limitation of Liability

a. YOU ACKNOWLEDGE AND AGREE THAT THE MQP, INCLUDING BUT NOT LIMITED TO ALL INFORMATION UPLOADED TO THE MQP, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND THAT YOUR USE OF THE MQP AND ANY MQP DATA SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FINRA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS, AND LICENSORS (THE “FINRA PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE MQP AND YOUR USE THEREOF.

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 OF THE MQP, 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.

c. FINRA MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EXPRESSED OR IMPLIED, (1) AS TO THE ACCURACY, RELIABILITY, LEGALITY, COMPLETENESS, OR TIMELINESS OF THE MQP, OR (2) THAT YOUR USE OF THE MQP WILL RESULT IN FULFILLMENT OF YOUR OBJECTIVES.  FINRA FURTHER DISCLAIMS ALL LIABILITY FOR ANY DECISIONS MADE BY YOU BASED ON USE OF THE MQP OR MQP DATA.

d. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE FINRA PARTIES SHALL NOT EXCEED $100.

No Endorsements

Nothing in the MQP shall constitute an endorsement, representation, or warranty by FINRA with respect to you or any other third party, including, but not limited to, with regard to your hiring or employment.

Indemnification

You agree to indemnify, defend, and hold FINRA and the FINRA Parties harmless from and against any claims and shall pay all suits, losses, damages, liabilities, claims, expenses, proceedings, and actions, and all related expenses (including reasonable attorneys’ fees and expenses) arising out of, relating to, or in connection with (a) your breach of any terms, provisions, covenants, warranties, or representations contained herein and/or in connection with these Terms of Use; (b) your use or misuse of the MQP; and (c) any activities in connection with these Terms of Use.

Privacy

In consideration of your use of the MQP, you agree to the FINRA Privacy Policy found at http://www.finra.org/privacy-policy, which is incorporated herein by reference. If you are a resident of the European Union, additional EU Notices (http://www.finra.org/find/eunotices) may apply to you.

Other FINRA Policies and Terms

These Terms of Use apply exclusively to your access to and use of the MQP and do not alter the terms or conditions of any other agreements or regulatory obligation you may have with FINRA.

Termination of Service

FINRA may terminate your rights to use and access the MQP at any time, without notice, for conduct that violates these Terms of Use or other FINRA policies or guidelines.  FINRA may terminate your rights to use and access the MQP for failure to agree to updated Terms of Use, which FINRA reserves the right to establish at any time.  FINRA will terminate your participation in the MQP when you have unsubscribed from the MQP or have been systematically unsubscribed from the MQP.  FINRA may systematically unsubscribe you from the MQP for reasons including, but not limited to a financial services disciplinary event.

Choice of Law

These 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. You and FINRA agree that any claim arising under these Terms of Use shall only be brought in the state or federal courts located in the County and State of New York. You and FINRA agree to submit to personal jurisdiction in that court and expressly waive any right to a jury trial. 

Survival

The following Sections shall survive termination of the MQP or these Terms of Use: Copyright, Trademark, and Proprietary; Permitted Uses and Licenses; Confidentiality; Rules of Conduct; Disclaimers and Limitation of Liability; Indemnification; Termination of Service; and Choice of Law.

Contact

If you have questions about these Terms of Use, or if you have questions about the MQP, please contact [email protected].