Client Offering Agreement
Access to this site is only granted to users who satisfy the requirements to be treated by Credit Suisse as institutional clients and have read the accompanying terms and conditions. By ticking the acceptance box below you confirm your acceptance of these terms and conditions and your status as an Institutional client.
The Credit Suisse Group AG and/or any of its affiliates ("CS") are providing on this website electronic access to certain documents and information regarding proprietary CS Indices (the "CS Indices"). Prior to entering this website we ask that you read carefully the following important terms and conditions which govern your access to, and use of, this website and that acknowledge your acceptance of them. If you agree, click "Accept" below to enter the website. If you click "Do not accept" you will not be able to enter this site.
I have read the following and hereby agree to the terms and conditions as set forth.
The "Website" means the website, and all information and materials contained on the Website. Certain sections or pages on the Website may contain separate terms and conditions or disclaimer, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions or disclaimers will govern for those sections or pages.
The information on this website is for information purposes only and is not intended as an offer or solicitation for the purchase or sale of any financial instruments, including but not limited to commodities, futures, or options thereon. This Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law. Not all products and services are available in all geographical areas. The information on this Website is subject to change.
Access to the Website or the retrieval of any information set out on the Website by a user does not mean that the user becomes a client of CS. Further, CS will have no obligations or responsibilities towards any users of the Website.
CS does not accept any responsibility whatsoever to, or as a result of, individuals or entities providing false certification regarding their country of residence. The Website is governed exclusively by English law.
In order to constantly improve our website and better serve our website users, CS may use software tools or "cookies" to gather information about site visitors' browsing activities. A cookie is a piece of technology, sometimes called a text file, that is sent from a web server (a web site) to a web browser (the visitor's computer) to enable the browser to remember certain information. The information held by a cookie can only be read by the person who sent it.
There are two types of cookies - session cookies and persistent cookies.
Session cookies are used, for example, to maintain security on a site and to pass information that has been entered to other pages on the site to prevent further input of the same information. Persistent cookies are used to enable browsing habits to be tracked each time the site that sent the cookie is visited. The information that may be gathered includes date and time of visits, pages viewed, time spent at the site and the site visited just before and just after the CS site.
Cookies can be disabled, generally through changing the internet software browser settings. It may also be possible to change the settings to enable acceptance of specific cookies. If cookies are disabled it may mean that not all services of a site, or indeed any, might be available.
If you provide any personal data to CS through this site, the collected personal data may be processed by CS or any member of the Credit Suisse group of companies and their affiliates and agents (including companies based in countries where data protection laws might not exist or be of a lower standard than the EU) for the purpose of aiding in the operation, designing and/or marketing of present and future products and services of CS and/or any other company within the CS group structure ("Group").
CS is wholly committed to protecting client privacy and will take all reasonable steps to ensure that your personal data is kept secure against unauthorised access, loss, disclosure or destruction.
If you wish, you may also have a copy of the personal data held in relation to you. We may, as allowed by law, charge you a fee for this.
This Website may contain hyperlinks to websites of third parties and, therefore, allows access to "external content", which has been produced and provided by third parties independent from CS; CS does not have any connection or influence over such websites and only references such websites to provide information on the location and content of such other websites. In providing the hyperlinks, this does not constitute a solicitation, authorisation, promotion or participation of CS with regard to these websites, their owners or the persons responsible for them. CS has not checked the information, software or products of such third party websites. Consequently, CS is not liable for the content of such websites and the respective offeror is responsible for the content of such website. CS will not be liable for losses arising form the use of the offered information.
Certain data accessible on the Website is the intellectual property of the relevant news and information services provider or third parties that provide such data to the relevant service provider, or CS. The data is protected by copyright and other intellectual laws and all ownership rights remain with the information service provider or the third party or CS, as the case may be.
You acknowledge that CS does not give legal advice or tax advice. However, the Website may present general tax and estate planning information and principles. You agree that these principles may not apply to your specific circumstances or take into account your comprehensive tax or estate planning situation.
There are numerous tax issues related to investing. You may want to consult with a tax advisor concerning your particular situation prior to making any investment. The information presented on this Website is not intended to supply tax, legal, or investment advice, any may not be accurate for all persons, securities or transactions.
The presentations of certain tax considerations relevant to the purchase, ownership and disposition of financial instruments is of a general nature only and does not address every potential tax consequence of an investment in derivative securities under all applicable laws. The summaries presented are based on treaties, laws, regulations, rulings and decisions in effect at the date of this writing, all of which are subject to change.
In particular, the precise tax treatment of an investor needs to be determined for each issue with reference to the full terms and the specific instrument. Such terms are specified in the relevant disclosure and are subject to the applicable tax law and practice at the relevant time. Investors should consult their own tax advisors on the tax consequences of the purchase, ownership, exercise and disposition of derivative securities.
In the event of an error or failure of a System, as your sole and exclusive remedy and in lieu of any other remedy hereunder at CS's option, CS may elect to provide an error correction, bug fix, or replacement of the System, but any such error correction, bug fix, or replacement shall be provided under the same terms and conditions set forth under this Agreement including the warranty disclaimers and limitations of liability.
Any information on this Website may include technical, inaccurate or typographical errors. Further, CS explicitly reserves the right to amend, delete or stop the release temporarily or indefinitely of opinions expressed in the Website, single websites or the whole operation of the Website including the services offered, any information, characteristics and functionalities which are accessible within the use of the Website as determined, without prior notice. CS is not obliged to bring or keep up to date the information available on the Website.
HEDGING AND/OR OTHER TRANSACTIONS
CS and/or its affiliates may, from time to time, for hedging or other reasons purchase or sell securities, commodities, futures, options or other financial instruments presented or may act as Market Maker in relation to securities, enter into proprietary trading transactions or Hedging transactions. This might cause CS to hold buy or sell positions in the underlyings of the CS Indices, which might have an impact on the value or price of the CS Indices and may not be in favour of the investors.
USE OF WEBSITE
CS hereby grants you a non-transferable, non-exclusive licence to use, for your internal purposes only, any applications contained on the Website (the "System") in connection with obtaining certain reports and services from CS and otherwise conducting business with CS. You agree not to transfer, sublicense, rent, assign, timeshare, lease, convey, copy, translate, convert to another programming language, decompile, disassemble, modify or change the System for any purpose. You agree to hold in trust for CS and not disclose to any other party, or allow any other party to inspect, copy or use the System or any information contained in, related to, transmitted to or from, or derived from the System (collectively, the "Data"). You consent to and authorize CS to transmit certain confidential Data by means of the System. You acknowledge that the System and Data shall remain the sole property of CS and title and full ownership rights in the System and Data are reserved to and shall remain with CS. Your use of the System, including without limitation any communications with CS, instructions, orders or other transactions conducted by means of the System shall be subject to the terms and conditions as well as applicable law and regulation.
All CS research is subject to a disclaimer included at the end of all research. Any documentation or information which appears on the Website is subject to the terms of the disclaimer.
Unauthorized use of CS's websites and systems including but not limited to unauthorized entry into CS's systems, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited.
The website (including all informaton, tools and materials contained on the website) is provided "as is" "as available". We are not providing any warranties and representations regarding the website. We disclaim all warranties and representations of any kind with regard to the website, including any implied warranties of merchantability, non-infringement of third party rigths, freedom from viruses or other harmful code, or fitness for a particular purpose. We do not warrant the accuracy, adequacy or completeness of the information and materials contained on the website and expressly disclaim liability for errors of omissions in the materials and information. Nothing herein shall be construed as limited or reducing CS's responsibilities and obligations to clients in accordance with applicable laws and regulation. CS shall not be liable for any action taken, or any delay or failure to take any action, to the extent that the taking of such action, or such delay or failure, arises out of causes beyond CS's reasonable control.
Under no circumstances will CS be liable for any consequential, incidental, special, punitive or exemplary damages arising out of any use of or inability to use the website or any portion therof, regardless of whether CS has been apprised of the likelihood of such damages occuring and regardless of the form of action, whether in contract, warranty, tort (including negliegence), strict liability, or otherwise.
The CS Indices are THE exclusive property of and currently sponsored by CS as Index Creator which has contracted with the relevant Index Calculation Agent to maintain and calculate the CS INDICES. Neither the Index Creator nor the relevant Index Calculation Agent has any obligation to take the needs of any person into consideration in composing, determining or calculating the CS Indices (or causing the CS Indices to be calculated). In addition, neither the Index Creator nor the Index Calculation Agent makes any warranty or representation whatsoever, express or implied, as to the results to be obtained from the use of the CS Indices and/or the level at which any of the CS Indices stands at any particular time on any particular day or otherwise, and neither the Index Creator nor the relevant Index Calculation Agent shall be liable, whether in negligence or otherwise, to any person for any errors or omissions in the Index or in the calculation of the Index or under any obligation to advise any person of any errors or omissions therein.
We or a company or person connected or associated with us may be an underwriter or distributor of, or a market maker or otherwise hold a long or short position as a principal in, a security or a financial instrument which is an underlyng for purposes of the CS Indices. Fees may be shared with third parties and/or affiliates.
Figures showing the performance of the CS INDICES refer to simulated past performance up to a particular date indicated in respect of each index within this website, and real performance thereafter. Past performance is not a reliable indicator of future performance.
The CS Indices published on this Website are the exclusive property of CS, which has contracted with Standard & Poor's ("S&P") to maintain and calculate certain of the Indices. S&P shall have no liability for any errors or omissions in calculating any of the Indices.
You agree that (i) you will not engage in any activities related to the Website that are contrary to applicable law, regulation or the terms of any agreements you have with CS and (ii) in circumstances where locations of the Website require identification for access, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals.
In the event any of the terms or provisions of this Agreement shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable terms of provisions shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. This Agreement shall be subject to any other agreements you have entered into with CS.
UK rules and legislation (the "E-Commerce Rules") implementing the European Union's Electronic Commerce Directive requires us to make certain disclosures to recipients of certain electronic communications and services. Certain of these disclosures are set out below. The information set out below is given by CS (which is regulated by the FSA) in relation to all of the services within the scope of the E-Commerce Rules which may be provided to you:
Company: Credit Suisse Securities (Europe) Ltd
UK Address: One Cabot Square, London, E14 4QJ
FSA Reg No.: 124611
VAT No.: GB 447 0737 41
This site includes certain commercial communications. By accessing this site you shall not regard such commercial communications as unsolicited.
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