Terms of Use

 

By accessing this website, the pages contained on it, and the products, services, information, tools and material contained or described herein (the "Site"), you acknowledge your agreement with and understanding of the following terms of use (the "Terms").

 

Ownership of Site, Trademarks and Copyrights

FalconBridge Capital Markets, LLC and other trademarks on this Site are trademarks and service marks or registered trademarks or service marks of FalconBridge Capital Markets, LLC and/or its direct or indirect subsidiaries (hereinafter referred to as "FalconBridge" or "we"). All material available on the Site, except where otherwise noted, is under copyright to FalconBridge.  FalconBridge reserves all rights with respect to copyright and trademark ownership of all material on the Site, and will enforce such rights to the full extent of applicable law.

 

Nothing on the Site shall be construed as granting any license or right to use any image, trademark, service mark or logo. Downloading, copying or printing individual pages and/or parts of the Site is allowed for personal use only, and will not transfer title to any software or material on the Site to you. Explicit attribution to FalconBridge must be made in the event that the material, or any part thereof, is reproduced in any form, written or electronic. Furthermore, any reproduction, re-publication or distribution of this material requires the express consent of FalconBridge.

 

Restrictions on Offer and Solicitation and Distribution

This Site is not directed at, or intended for distribution to or use by, any person or entity who is a citizen or resident of or located in any jurisdiction where such distribution, publication, availability or use would be contrary to applicable law or regulation or which would subject FalconBridge to any registration or licensing requirement within such jurisdiction. Nothing on this Site shall constitute an offer or a solicitation of an offer to buy or sell any products or services, including but not limited to any securities, financial instruments or other investments or investment advice. The information in the Site is descriptive of FalconBridge as a whole and the services, securities and financial instruments described may not be suitable for you or available in the jurisdiction in which you are located.

 

FalconBridge will not treat users of this Site as its clients by virtue of them accessing it. Users of this site should seek the advice of their independent financial adviser prior to taking any investment decision on the basis of any information contained herein and no information herein constitutes general or specific investment, legal, tax or accounting advice of any kind.

 

The information contained on this Site may relate to the products and services of a person or entity that is located in a jurisdiction other than that in which you are located. Accordingly the rules for the protection of private customers that apply in the jurisdiction in which you are located may not apply in relation to such products and services.

All opinions and estimates expressed in this Site constitute our judgment as of publication and do not constitute general or specific investment legal, tax or accounting advice of any kind.

 

Information and opinions presented in this Site have been obtained or derived from sources believed to be reliable, but FalconBridge makes no representation as to their accuracy or completeness. FalconBridge maintains the right to delete or modify information on this Site without prior notice.

 

No Warranty; No Liability

THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. FALCONBRIDGE MAKES NO WARRANTY THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT VIRUSES OR OTHER HARMFUL COMPONENTS WILL NOT BE TRANSMITTED IN CONNECTION WITH YOUR USE OF THE SITE. FALCONBRIDGE HEREBY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND/OR REGULATION, ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, REGARDING THE SITE AND ANY RESULTS TO BE OBTAINED FROM THE USE OF THE SITE AND ITS CONTENTS, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR USE AND ALL WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING AND/OR USAGE OF TRADE OR THEIR EQUIVALENTS UNDER THE APPLICABLE LAWS AND/OR REGULATIONS OF ANY JURISDICTION. FALCONBRIDGE DOES NOT WARRANT OR GUARANTEE THE ACCURACY, TIMELINESS, SUITABILITY, COMPLETENESS OR AVAILABILITY OF THIS SITE OR THE INFORMATION OR RESULTS OBTAINED FROM USE OF IT.

 

UNDER NO CIRCUMSTANCES AND UNDER NO THEORY OF ANY APPLICABLE LAW AND/OR REGULATION SHALL FALCONBRIDGE BE LIABLE TO ANYONE FOR ANY DAMAGES ARISING IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE FROM ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THIS SITE OR FROM ANY ACTION TAKEN OR NOT TAKEN AS A RESULT, REGARDLESS OF WHETHER THEY ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR TRADING LOSSES OR LOST PROFITS, OR FOR ANY CLAIM OR DEMAND BY ANY THIRD PARTY, EVEN IF FALCONBRIDGE KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, CLAIM OR DEMAND.

 

Links to Other Websites / Content of Other Providers

Activating certain links on this Site may cause you to leave this Site. Such links, addresses or hyperlinks are provided solely for your convenience and information. FalconBridge has not reviewed any of the websites linked with or connected to this Site, or which provide links to this Site, and does not accept any liability for their contents, the offered products or services or any other offers. Using links from this Site to any website not owned by FalconBridge is at your own risk.

 

Indemnification
Upon a request by FalconBridge, you agree to defend, indemnify and hold harmless FalconBridge and its affiliates, and their employees, contractors, officers and directors, from all liabilities, claims and expenses, including attorney's fees that arise from your use or misuse of the Site. FalconBridge reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with FalconBridge in asserting any available defenses.

Enforcement by FalconBridge
In the event that FalconBridge determines, in its sole discretion, that you have violated these Terms, FalconBridge shall have the right to immediately terminate your access to the site, without prior notice to you, and/or pursue any other remedies available to it under applicable law.

Governing Law
This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the State of North Carolina (excluding any conflict of laws provisions of the State of North Carolina that would refer to and apply the substantive laws of another jurisdiction). Any suit or proceeding regarding the Site or any part of the Site shall be brought only in North Carolina. Each of the parties consent to the exclusive personal jurisdiction and venue of the court, state and federal, located in the city of Charlotte, North Carolina.

Updates to Terms
FalconBridge shall have the right to revise these Terms at any time by updating this page. By using the Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms to which you are bound.