Terms of Service Agreement
All of the content, documentation, code and related materials made available to you through the API are subject to these terms. Access to or use of the API or its content constitutes acceptance to this Agreement.
Restrictions on Use
You may use the International Trade Administration API to develop a service or service to search, display, analyze, retrieve, view, and otherwise “get” information from International Trade Administration data. You may not use the API for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with this Agreement. You may neither interfere with, nor attempt to interfere with, nor otherwise disrupt the proper working of the API, any activities conducted on or through the API, or any servers or networks connected thereto. You may neither obtain nor attempt to obtain through any means any materials or information through the API that have not been intentionally made publicly available. You shall not violate the security of the API or attempt to gain unauthorized access to the API, data, materials, information, computer systems, or networks connected to any server associated with the API, through hacking, password timing, or any other means.
All services, which utilize or access the API, should display the following notice prominently within the application: “This product uses the International Trade Administration’s Data API but is not endorsed or certified by the International Trade Administration.” You may use the International Trade Administration name in order to identify the source of API content subject to these rules. You may not use the International Trade Administration name, or the like to imply endorsement of any product, service, or entity, not-for-profit, commercial or otherwise.
Modification or False Representation of Content
You may not modify or falsely represent content accessed through the API and still claim the source is the International Trade Administration.
Right to Limit
Your use of the API may be subject to certain limitations on access, calls, or use as set forth within this Agreement or otherwise provided by the International Trade Administration. If the International Trade Administration reasonably believes that you have attempted to exceed or circumvent these limits, your ability to use the API may be temporarily or permanently blocked. The International Trade Administration may monitor your use of the API to improve the service or to insure compliance with this Agreement.
If you wish to terminate this Agreement, you may do so by refraining from further use of the API. The International Trade Administration reserves the right (though not the obligation) to: (1) refuse to provide the API to you, if it is the International Trade Administration’s opinion that use violates any International Trade Administration policy; or (2) terminate or deny you access to and use of all or part of the API at any time for any other reason in its sole discretion. All provisions of this Agreement, which by their nature should survive termination, shall survive termination including, without limitation, warranty disclaimers, indemnity, and limitations of liability.
The International Trade Administration reserves the right, at its sole discretion, to modify or replace this Agreement, in whole or in part. Your continued use of or access to the API following posting of any changes to this Agreement constitutes acceptance of those modified terms. The International Trade Administration may in the future, offer new services and/or features through the API. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Disclaimer of Warranties
You hereby agree that your use of the API is at your sole risk and acknowledge that the API, and anything contained within the API, is provided “as is” and on an “as-available” basis and makes no representations as to the ownership, accuracy, completeness or fitness for any purpose of the API and its associated content. The International Trade Administration hereby disclaim all warranties of any kind whatsoever, whether express or implied or arising under state or local law, including without limitation the warranties of merchantability, fitness for a particular purpose, and non-infringement. The International Trade Administration makes no warranty that the API will be error-free; that defects will be corrected; that the API is compatible with your equipment; that the API is free of viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files; or that access to the API will be continuous or uninterrupted.
Limitations on Liability
In no event will the International Trade Administration be liable to you or any third person with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages arising in any way from, or in connection with, use or inability to use the API, such as, but not limited to, loss of revenue or anticipated profits, lost business, the cost of procurement of substitute products or services, or the interruption of use, loss, or corruption of data. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall the International Trade Administration’s total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to negligence) exceed the amount paid by you, if any, for accessing the API. Subject to the foregoing, any claim for personal injury or property damage caused by the negligent or wrongful acts or omissions of government employees will be administratively adjudicated pursuant to the Federal Tort Claims Act (28 U.S.C. § 2671 et seq.) and applicable regulations (15 C.F.R. part 2).
You agree, at your own expense, to indemnify and hold harmless to the maximum extent permitted by applicable law, the International Trade Administration, its contractors, employees, agents, and the like from and against any and all claims and expenses including all costs, damages, expenses, reasonable attorneys’ fees and experts’ fees, arising out of or in connection with your use of the API, including but not limited to: (1) use by someone using your computer or account, (2) a violation of this Agreement by you or anyone using your computer or account, (3) a claim that any use of the API by you or someone using your computer or account infringes any intellectual property right of any third party, or otherwise results in injury or damage to any third party, (4) any deletions, additions, insertions or alterations to, or any unauthorized use of, the API by you or someone using your computer or account, or (5) any misrepresentation or breach of representation or warranty contained herein.
This Agreement constitutes the entire Agreement between the International Trade Administration and you concerning the subject matter hereof, and may only be modified by the posting of a revised version on this page by the International Trade Administration.
Any disputes arising out of this Agreement and access to or use of the API shall be governed by federal law.
No Waiver Rights
The International Trade Administration’s failure to exercise or enforce any right or provision of this Agreement shall not constitute waiver of such right or provision.