Terms and Conditions
Your access and use of this service, provided by WestLB AG ("WestLB"), is subject to the following Terms and Conditions . It is a legal document setting forth the rights and obligations between you and WestLB (or "us").
1. Service. These Terms and Conditions apply to all services, programs, information and products that you use or otherwise access from time to time provided by WestLB through this site (collectively, the "Service").
2. Proprietary Rights of WestLB. You acknowledge and agree that WestLB exclusively owns or has been licensed by third parties to use all rights, title and interest in the Service and the information, data, databases, images, sound recordings, audio and visual clips and other content provided by WestLB through the Service (individually and collectively, the "Content"). Nothing contained in these Terms and Conditions conveys to you any right, title or interest in or to the Service or any Content. You shall not remove or modify any copyright or other notice placed on Content. (Internal) Distribution of Content should be limited to those (within your organization) who are aware of the obligations imposed by these Terms and Conditions . You shall use the Service and Content solely for your own (internal) use, and not for the benefit of any third party. In no event shall you display, circulate, publish, retransmit, redistribute, reproduce or sell all or any part of Content (outside of your business organization) by any means or medium now or hereafter created.
3. Important Disclaimers Regarding Content and Use Restrictions.
A. Global Use. WestLB makes no representations that Content is appropriate for use in all locations, or that transactions, products, instruments or services discussed are available or appropriate for sale or use in all jurisdictions, or by all investors or counterparties.
B. No Offers. Under no circumstances should any Content be used or considered as an offer to sell or a solicitation of any offer to buy the securities or any other instruments of WestLB or any other issuer. Offers can only be made where lawful under applicable law. If you wish to obtain further details about any information contained through this Service, we suggest that you contact a WestLB representative.
C. Disclosure of Interest. WestLB may make a market or deal as principal in the securities, commodities or instruments mentioned in materials through this Service or in options or other derivative instruments based thereon. In addition, WestLB, its shareholders, directors, officers and/or employees, may from time to time have long or short positions in such securities or in options, futures or other derivative instruments based thereon. One or more directors, officers and/or employees of WestLB may be a director of the issuer of the securities mentioned at this site. WestLB may have managed or comanaged a public offering of, or acted as initial purchaser or placement agent for a private placement of, any of the securities of any issuer mentioned on this Service, or may from time to time perform investment banking or other services for, or solicit investment banking or other business from, mentioned companies.
D. Pricing. Actionable prices can be obtained only on a real-time, expressly agreed upon basis. Any indicative valuations in the Content are provided for information only. They are not an offer to enter into, transfer and assign or terminate any transaction, or a commitment by WestLB to make such an offer. An indicative valuation may differ substantially from an actionable value. Such estimates do not necessarily reflect WestLB's internal bookkeeping or theoretical modelbased valuations. Certain factors which may not have been assessed for purposes of these valuations, including, for example, notional amounts, credit spreads, underlying volatility, costs of carry or use of capital and profit, may substantially affect a stated valuation. Indicative valuations may vary significantly from indicative valuations available from other sources. While WestLB has obtained the information on which these evaluations are based from sources it believes reliable, WestLB makes no representations or warranties with respect to any indicative valuations.
E. Hypothetical or Past Performance. Hypothetical or simulated performance results have inherent limitations. Unlike an actual performance record, simulated results do not represent actual trading. Also, since the trades have not actually been executed, the results may have under or overcompensated for the impact, if any, of certain market factors, such as lack of liquidity. Simulated trading programs in general are designed with the benefit of hindsight. Past performance is not indicative of future results; no representation is being made that any account will or is likely to achieve profits or losses similar to those shown.
F. Linked Sites. Certain links are provided which may lead to websites maintained by third parties over which we have no control, including sites maintained by WestLB affiliates. To the extent permitted by applicable law, we take no responsibility for the accuracy, content or any aspect of that material and disclaim any liability to you for such material or for any consequence of your decision to use the links provided or your use of such material. We also disclaim all liability and make no representations or warranties for any products or services sold or provided to you by any third party, including WestLB affiliates. Your purchase of products or services through one of those other sites is subject to agreements and/or the terms and conditions in effect between you and the providers of products and services at those other sites. You agree that you shall not bring a suit or claim against WestLB arising from or based on your purchase or use of products or services through those other sites.
G. Delayed Market Information. You acknowledge that some content available through the Service which appears to be in "real time" may in fact be delayed market information.
H. No Warranty. You acknowledge that the Content provided through the Service is not intended to be a recommendation, offer or solicitation of any particular products or services. In addition, the Content provided represents the views and opinions solely of the author or the indicated source. WestLB does not independently verify the accuracy or completeness of the Content, nor does WestLB endorse any particular Content or views expressed therein. We take no responsibility for the accuracy, content or any aspect of the Content and disclaim any liability to you for the Content or for any consequence of your decision to use the Content. You agree that you shall independently confirm any information presented to you through the Service before relying on such information. WestLB and its employees, contractors, agents and various contributors to the Service have no duty to correct or update any inaccurate or out-of-date Content.
I. Downloaded Content. It is up to you to take precautions to ensure that information and Content you download or otherwise select for you use is free of viruses and other destructive items.
4. Compliance with Laws and Rules. You agree that you shall comply with applicable laws, rules, regulations, ordinances and other similar national and international requirements of the country, state and province in which you are accessing and using the Service and Content.
5. Limitation of Liability. You acknowledge that neither WestLB nor any of its officers, directors, employees, agents, contractors or other suppliers makes any warranties or guarantees with respect to the Service and Content, including without limitation, warranties regarding the accuracy or completeness of any Content, and warranties of merchantability or fitness for a particular purpose. WestLB and such persons shall not be liable to you for any loss, cost, damage or other injury, whether in contract, tort, negligence or otherwise, (1) arising out of or caused in whole or in part by your or WestLB's or any such persons' use of or reliance on the service or its content, or (2) or in otherwise performing its obligation under or in connection with these Terms and Conditions. WestLB does not represent, warrant or guarantee that the Service or Content will be free from errors or will be available at all times. Under no circumstances will WestLB or its partners, employees, agents, contractors or other suppliers be liable to you or any third party for any punitive, consequential, special or similar damages, even if advised of the possibility of such damage. Because some states or jurisdictions do not allow the exclusion or limitation of liability for certain damages, in such states or jurisdictions, the liability of WestLB, its partners, employees, agents, contractors or other suppliers shall be limited in accordance with these Terms and Conditions to the extent permitted by law. WestLB and its officers, directors, employees, agents, contractors or other suppliers shall not be liable for any loss, cost or damage due to causes beyond their control. You understand that WestLB accepts no responsibility for security of information on the Internet.
6. General. Should any provision of these Terms and Conditions be held to be void, invalid, unenforceable or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected.
7. For Users in the U.S. - Compliance with Laws and Rules; Indemnity. You agree to abide by applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Service any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain encryption software. Offices, residents and operations of your organization in Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria and any other countries that are the subject of general U.S. embargo restrictions are not permitted to access and use the Service, and any such access and use is a violation of these Terms and Conditions.
Upon request by WestLB, you hereby agree to defend, indemnify and hold harmless WestLB, its officers, directors, employees, agents, contractors or other suppliers from all liabilities, claims and expenses, including attorneys fees, that arise from a breach of these Terms and Conditions for which you are responsible, or from the use of the Service or Content. WestLB reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification arising out of or caused in whole or in part by your or WestLB's or any such persons' use of or reliance on the service or its Content by you.
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