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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES OR CONTENT OF THIS WEBSITE.

 

Use of Content

 

The pages, supporting text, data and other information contained in this electronic publication (collectively called the “GlobalCollateral Website”) contain a variety of information concerning DTCC Euroclear Global Collateral Ltd and its affiliates (collectively, “GlobalCollateral”) and their products and services. Content on the GlobalCollateral Website, including pages, screens, text, graphical and other images, information, data, documentation, policies, material and the general “look and feel” (collectively, “Content”) used on the GlobalCollateral Website, is the property of GlobalCollateral or is used with permission of the owner thereof. The display of Content does not constitute a waiver of any of GlobalCollateral’s proprietary rights in or related to such Content (including, but not limited to, patents, copyrights, service marks and trademarks) or a transfer of any such rights to users or any third party. This Content is for personal use only, and, except with the written permission of GlobalCollateral, you may not publish, republish, redistribute, broadcast or retransmit the Content, frame any part of the Content, compile the Content into a database, product or information service, create any derivative of the Content for commercial distribution, use the Content to compete with the business of GlobalCollateral, and you may not authorize any other person to engage in any of these activities with respect to the Content. You may not use any automated device, computer program, tool, algorithm, bot or similar process to mine or systematically scrape or extract data from the GlobalCollateral Website. Any unauthorized use of Content may violate copyright laws, trademark laws, contract law, the laws of privacy and publicity, and/or communications, regulations and statutes. GlobalCollateral may discontinue or change any product, service, data, information or Content described in or offered on the GlobalCollateral Website at any time, without notice.

 

None of the Content on the GlobalCollateral 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. Further, none of the Content is intended to constitute financial, legal or other advice of any kind or a recommendation to make (or refrain from making) any kind of investment decision and may not be relied on as such.

 

Limitation of Liability

 

The entire risk as to the accuracy, completeness and use of the Content of the GlobalCollateral 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 GLOBALCOLLATERAL WEBSITE. THE GLOBALCOLLATERAL WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITH ALL FAULTS, ERRORS, DEFECTS, INACCURACIES AND OMISSIONS. GLOBALCOLLATERAL DOES NOT MAKE, AND SPECIFICALLY DISCLAIMS, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY WITH RESPECT TO ALL ASPECTS OF THE GLOBALCOLLATERAL WEBSITE. GLOBALCOLLATERAL DOES NOT IN ANY WAY GUARANTEE, AND SHALL NOT BE LIABLE FOR, THE ADEQUACY, QUALITY, ACCURACY, COMPLETENESS, WORTH, OR TIMELINESS OF CONTENT THAT IS MADE AVAILABLE OR OBTAINED BY WAY OF THE GLOBALCOLLATERAL WEBSITE. GLOBALCOLLATERAL DOES NOT WARRANT THAT THE GLOBALCOLLATERAL WEBSITE OR ITS CONTENT WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. SOME JURISIDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WITHOUT LIMITING ANY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL GLOBALCOLLATERAL, OR ITS DIRECTORS, OFFICERS, MANAGERS, AGENTS OR CONSULTANTS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, TRADING LOSSES, LOST TIME OR GOODWILL, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM, THESE TERMS OF USE OR THE PERFORMANCE OR BREACH THEREOF, FROM THE GLOBALCOLLATERAL WEBSITE OR ANY CONTENT OR THE USE THEREOF, OR FROM ANY PRODUCT OR THE USE OR PERFORMANCE THEREOF, EVEN IF THEY MIGHT HAVE ANTICIPATED OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISIDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Indemnity

 

To the maximum extent permitted by law, you agree to indemnify GlobalCollateral and its directors, managers, employees, agents and consultants (the “Indemnified Parties”) in respect of, and hold each of them harmless from and against, any and all losses, liabilities, damages, fines, penalties, deficiencies, costs or expenses, including the reasonable fees and expenses of attorneys or other experts and professional advisers suffered, incurred or sustained by any of them, or to which any of them becomes subject, as a result of, any third party claim arising from or related to (a) your use, including commercial use, of Content or (b) your violation of these Terms of Use.

 

In providing the indemnity hereunder, you shall not (i) take any action that purports to speak on behalf of GlobalCollateral, 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.

 

Trademarks

 

All names of GlobalCollateral and their products and services referenced on the GlobalCollateral Website are either registered trademarks or servicemarks of, or trademarks or servicemarks of, GlobalCollateral in the UK. or elsewhere. Other names of companies, products or services appearing in this publication are trademarks or servicemarks of their owners. Nothing in these Terms of Use grants you any right to use the trademarks, names or logos of GlobalCollateral. You may not represent, directly or indirectly, that any product, data or any service provided by you has been approved or endorsed by GlobalCollateral.

 

Linked Sites

 

The GlobalCollateral 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. GlobalCollateral has no control over such third party websites, and GlobalCollateral is not responsible for (and under no circumstances shall be liable for) the contents, policies, accuracy or reliability of any websites hyperlinked to the GlobalCollateral Website.

 

Claims, Jurisdiction and Choice Of Law

 

Information published on the GlobalCollateral Website may contain references to products, programs and services that are not announced or available in your country or region. GlobalCollateral makes no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region.

 

These Terms of Use shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflicts of law. GlobalCollateral and you each agree to bring any action relating in any way to these Terms of Use, the GlobalCollateral Website, or any Content distributed by or through the GlobalCollateral Website, in the courts of England and Wales.

 

Severability

 

If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

 

Privacy

 

Please see our Privacy Policy for information regarding the collection and use of personal information from the GlobalCollateral Website.

 

General

 

Specific Content, areas or pages of the GlobalCollateral Website may include or reference additional or different terms relating to the use of the GlobalCollateral Website or the rights or obligations of you or GlobalCollateral (“Specific Terms”). By accessing such Content, areas or pages, you agree to be bound by those Specific Terms. In the event of a conflict between such Specific Terms and these Terms of Use, such Specific Terms shall control for the applicable Content, areas or pages.

 

Except as otherwise set forth in a separate written agreement signed by an authorized representative of GlobalCollateral, these Terms of Use, including any Specific Terms, represent the entire understanding relating to the use of the GlobalCollateral Website and its Content and prevail over any prior or contemporaneous, conflicting or additional communications. The failure of GlobalCollateral to exercise or enforce any right conferred upon it by these Terms of Use or any Specific Terms shall not be deemed to be a waiver of any such right or operate so as to bar the exercise or enforcement thereof at any time or times thereafter. No course of conduct between GlobalCollateral and you or any other party will be deemed to modify any provision of these Terms of Use.

 

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. GlobalCollateral reserves all legal rights and remedies available and these Terms of Use shall in no way be deemed a limitation or waiver of any other rights GlobalCollateral may have.

 

Unless otherwise indicated, all material on this site © 2016 DTCC Euroclear Global Collateral Ltd. All rights reserved.