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Monday, February 6, 2012

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DISCLAIMER / TERMS & CONDITIONS

DISCLAIMERS AND TERMS AND CONDITIONS
FOR NORD/LB SITE

General Information

These Disclaimers and Terms and Conditions ("Terms") govern your general use of the NORD/LB Web Site (the "Site").  By accessing our Site, you agree to be bound by these Terms and by any amendments in effect at the time of your visit.  NORD/LB reserves the right to amend these Terms from time to time.  We encourage you to review these Terms upon each visit to this Site because any changes will be binding on you. 

These Terms expressly incorporate by reference and include the NORD/LB Privacy Policy and any other guidelines, rules, disclosures or disclaimers that may be posted and updated on specific Web Pages or on notices that may be sent to you.

If you do not wish to be bound by these Terms, you should not access or use the Site.

NORD/LB’s Intellectual Property Rights

The Site and the NORD/LB Services are furnished by NORD/LB and are intended for the personal use of its users.  All rights are exclusively reserved to NORD LB.  You acknowledge that the Site may contain information, communications, photos, text, video, graphics, images, and other materials which are provided by NORD/LB or by affiliates or licensors of NORD/LB ("Content").  You agree and acknowledge that the Content is protected by copyright, trademark and other intellectual property laws, that these rights are valid and protected in all media now existing or later developed, and that as specifically provided in these Terms, your use of the Content shall be governed and constrained by applicable copyright, trademark, and other intellectual property laws.

Copyright
Except as otherwise specifically allowed herein, the Content may only be contained in a single temporary copy in a single computer's memory and a single permanent copy for non-commercial, personal use by the user. You agree to retain on all copies, the copyright and other proprietary notices contained on the Content.

Except as otherwise provided herein, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of the Terms and Conditions), create derivative works from, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the NORD/LB Site or the Content, in whole or in part, without NORD/LB's written permission.

Trademarks
All trademarks, services marks, trade names, logos, and icons are proprietary to NORD/LB, its affiliates or such third-party that may own the particular trademarks.  Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the written permission of the owner.

Disclaimers

We may make available to you on the site a broad range of financial information ("Information"). The Information provided through this Site is for informational and educational purposes only.  All Information contained herein is believed by NORD/LB to be accurate and reliable, but NORD/LB cannot guarantee the accuracy, timeliness or completeness of such information for any particular purpose.   Although the NORD/LB may provide information relating to investment approaches and opportunities to buy various financial products or services, you should not construe any Information or other content available through the Site as legal, tax, investment, financial or other advice. Nothing contained on our Site constitutes a solicitation, recommendation, endorsement, or offer by NORD/LB to buy or sell any financial instruments or services.  You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any products or services described on the Site before making any decisions based on Information contained on the Site.

Disclaimer of Warranties

THE USE OF THIS SITE AND INFORMATION ARE SOLELY AT YOUR OWN RISK.  THE SITE AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  NORD/LB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND INFORMATION WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  NORD/LB MAKES NO WARRANTY THAT THE SITE AND INFORMATION WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE AND INFORMATION WILL BE ACCURATE OR RELIABLE.  YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE AND INFORMATION ARE TO CEASE USING THEM.

Disclaimer of Liabilities

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NORD/LB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER RESULTING LOSSES (EVEN IF NORD/LB HAS BEEN ADVISED TO THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, LIABILITY IN TORT, CONTRACT OR OTHERWISE (AND AS PERMITTED BY LAW, PRODUCT LIABILITY).  YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE NORD/LB SITE AND INFORMATION.

Indemnification

You hereby agree to indemnify, defend and hold NORD/LB harmless from and against any and all liability and costs incurred by NORD/LB in connection with any claim arising from your use of the Site or Information including, without limitation, reasonable attorneys’ fees.

User Representations

By your use of the Site, you represent and warrant that you have all the rights necessary to receive, use, transmit and disclose all data that you use in any way with the Site. NORD/LB Services are not intended for use by children.  By using the Site, you represent and warrant that you are at least 18 years of age or have attained legal majority status under the statutes and regulations by which you are governed.

Links to Other Sites

The Site may contain links to other web sites.  You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by or of NORD/LB with respect to the provider of such linked site. NORD/LB is not responsible in any manner for any matter associated with the linked site. NORD/LB MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE.  YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK.  In addition, please be aware that your use of any linked site is subject to the terms and conditions applicable to that site.  Please direct any questions regarding linked sites to the webmaster of that site.

Changes to Site and Termination

NORD/LB reserves the right to modify or discontinue, temporarily or permanently, any part of the Site, or any product or service described on the Site, with or without notice.  You agree that NORD/LB will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, any product, or any service.  NORD/LB may, in its sole discretion, terminate or suspend your access to all or part of the Site for any reason, or for no reason whatsoever including, without limitation, for breach of these Terms.

Applicable Laws

These Terms are governed by the laws of the State of New York, without reference to any conflict of law principles.  If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms shall not affect the validity of any remaining provisions.  You hereby agree to irrevocably submit to the jurisdiction of the federal courts in the state of New York with respect to any disputes that may arise pursuant to these Terms.