CMA

Terms and Conditions

Agreement to Terms of Use

All use by you of our CMAVision website located at http://www.cmavision.com (the "site") is subject to the terms and conditions of use set forth below ("Terms of Use"). We confirm that the site is owned and operated by us, CREDIT MARKET ANALYSIS LIMITED ("CMA", or "our", "we" or "us").

Credit Market Analysis Limited is a limited liability company registered in England under company number 04337482. Our registered office is located at One New Change, 4th Floor, London, EC4M 9AF, United Kingdom. Our VAT number is 795805381.

Please read these Terms of Use carefully before you start to use our site. By using or accessing the site, you indicate that you accept these Terms of Use as they apply to any use made of: (i) the site itself; (ii) the Content on the site (as defined below); or (iii) those services available on the site ("Services").

The Terms of Use apply to any use by any individual and any entity on whose behalf the individual accesses the site, Content and/or Services. In these Terms of Use each of such individual or entity separately are referred to as "you" or the "user" interchangeably. If you do not agree to these terms, you must not use the site, Content or Services.

You, as such individual: (i) agree to these Terms of Use on your own behalf and on behalf of any such entity; and (ii) must ensure you are authorised by any such entity prior to accessing the site, Content and Services and to agree to these Terms of Use on its behalf.

PLEASE NOTE: If you are accessing the site on behalf of an entity that is a CMA Client (i.e. that already has a written client licence agreement in place) where there is any inconsistency the terms of that agreement shall prevail over these Terms of Use.

Changes to Terms of Use

We reserve the right, at our sole discretion, to make changes or corrections, alter, suspend or discontinue any aspect of our site or the Content or Services, including your access to it and any changes to these Terms of Use, at any time. It is your responsibility as a user to check these Terms of Use for changes when you access the site. Your use of the site following the posting of changes to these Terms of Use will confirm your acceptance to any changes.

Content

The materials, content and layout of our website are protected by copyright. You acknowledge that any content, including but not limited to text, data, information, graphics, interfaces, trademarks, logos, sounds, music, artwork, photographs and computer code, software, sound recordings, video, animations or other media material, (collectively "Content"), whether provided by us or other third party contributors, or electronically distributed, commercially produced information provided to you by us or other content providers or users is protected by copyright, trade mark, service mark, patents, database rights and other proprietary and intellectual property laws.

You acknowledge that all intellectual property laws and/or rights including without limitation trademarks, copyright, design, patent and database right will be observed and upheld by you. All rights including the content providers' moral rights are reserved. Unless conforming with the provisions for use detailed below, neither the whole nor any part of the contents, software or layout of our website, or any associated websites, may be reproduced, stored in a retrieval system or transmitted in any form or by any means, including photocopying, recording or by electronic or digital transmission, without our prior written permission.

Ownership of site; Content and Services

The site, Content and Services are the property of CMA and its vendors. You may use the Content or Services purposely made available by us from the site, provided that you: (i) comply with any applicable Additional Terms (defined below); (ii) do not remove any proprietary notice in any copies of such Content or Services; (iii) use such Content or Services only for the proper purposes for which you and the entity on whose behalf you are acting are authorised; or (iv) do not use such Content or Services for any purpose or activity which is unlawful; (v) do not disclose the Content or Services to any other party; or (vi) make no modifications to any such Content or Services; and (vii) do not make any representations or warranties relating to any such Content or Services.

No content may be reproduced, published or transmitted in any manner without our prior written consent. In particular, and without limitation, you may not without our prior written permission, form a database whether electronically or otherwise by systematically downloading or storing all or any of the content of our website; redistribute or republish any content; or link to our site including, without limitation, any linking in any way which frames or replicates our site or misleads any person regarding any association with our site, or us.

Viruses, Hacking and Other Offences

As a user you must not (and must not attempt to):

gain or allow unauthorised access to;
make or allow unauthorised use of;
monitor any aspect of;
interfere with the normal operation of;
circumvent any security, home page, or other feature of or insert any link to;
probe, scan or test the vulnerability of; or
breach the security or authentication measures on;

any part of the site, Content or Services or any computer system or equipment on which they operate, or any server, computer or database connected to our site (including by using any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, or by any "hacking", "password mining", "framing" or otherwise).

You must not attempt to gain any information relating to any of our licensees, or other user of, or visitor to the site, Content or Services, whether via the site or otherwise. You must not attempt to interfere with any other person's use of the site, Content, Services or connected systems or equipment, or any transaction being conducted on them.

You are solely responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our site and is compatible with our site. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

You must not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the site, or of any of our, or our licensees' sites, systems or equipment, or any connected systems or networks.

You may not use the site, Content or Services for any purpose or activity (or to solicit the performance of any activity) that is unlawful, prohibited by these Terms of Use or our Privacy Policy, or that infringes our rights or the rights of one of our licensees.

User Provided Information

The site may include facilities allowing you to provide information or other materials on the site, or to communicate with CMA via the site ("User Postings").

You must:

only use such facilities as expressly permitted on the site;
ensure your User Postings are complete, accurate and do not infringe any rights of any third party;
ensure your User Postings are not unlawful, fraudulent, immoral, inappropriate nor defamatory of any third party and not otherwise capable of giving rise to any claim by any party against us or other users;
ensure you are clearly, fully and accurately identified as the source of any User Posting and that there is no confusion as to the source of the User Posting.

We reserve the right to remove or alter all or any part of any User Posting posted to the site. You acknowledge that Internet transmissions may not be completely private or secure. You understand that User Postings and other communications between you and CMA via the site or Services may be read or intercepted by others, even if transmissions are encrypted.

Secure Site Access

Certain areas of the site or certain Services or Content may only be accessed using a User ID and password ("User Access Information").

If this applies to you, then you must keep your User Access Information confidential, not disclose it to any other party and not use any other party's User Access Information in relation to the site, Content or Services. You are not to permit any other party to access the site, Content or Services under your User Access Information. You shall notify CMA immediately of any unauthorized use of your User Access Information, or any other breach of security concerning the site, Services or Content. You acknowledge that, unless it has received such notification, CMA may assume that any use of the User Access Information is made by you, and you and/or your organisation shall be responsible for any such usage and any liability, loss or damage arising out of such usage.

You must operate reasonable security measures to protect any systems which you use in accessing or using the site or any Content or Services (including appropriate anti-virus protection and measures to prevent unauthorised access of your facilities).

Additional Terms

Certain areas of the site, Content or Services may be subject to additional terms and conditions, as set out on the site ("Additional Terms"). Any such terms and conditions shall form part of these Terms of Use. If there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms shall prevail with respect to your use of those areas of the site, Content or Services.

Any support services provided via the site (such as the helpline) are provided solely for convenience and we are not responsible for them. Users choose to use them at their own risk. We cannot guarantee such support services will always be available via the site.

Links to Third Party sites

This site may contain links to other independent third party web sites, including other CME Group sites ("Linked sites"). These links are provided solely for convenience. We have no control over such Linked sites and are not responsible for and do not endorse them or any information or content appearing on them. You use such Linked sites at your own risk.

Warranties, etc

THE SITE, CONTENT AND SERVICES ARE PROVIDED ON AN "AS-IS" "AS-AVAILABLE" BASIS.WE DO NOT MAKE ANY CONDITION, WARRANTY OR OTHER TERM THAT THE SITE OR ANY CONTENT OR SERVICE WILL BE:

COMPLETE, ACCURATE OR ERROR-FREE;
AVAILABLE OR UNINTERRUPTED;
SUITABLE FOR ANY PARTICULAR PURPOSE OR CAPABLE OF PERFORMING ANY FUNCTION OR PROVIDING ANY PARTICULAR RESULT;
FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES.

SAVE AS EXPRESSLY SET OUT IN THESE TERMS OF USE (INCLUDING ANY APPLICABLE ADDITIONAL TERMS) WE DISCLAIM ALL CONDITIONS, WARRANTIES AND/OR OTHER TERMS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY TERMS AS TO NON-INFRINGEMENT, QUALITY AND FITNESS FOR PURPOSE.YOU MUST NOT USE ANY CONTENT OR SERVICES TO MAKE ANY INVESTMENT DECISION OR OTHERWISE RELY ON ANY CONTENT OR SERVICES.

Our Liability

To the extent permitted by law, we, our affiliates, our vendors, our licensors and other members of the CME Group of companies hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you and/or the entity on whose behalf you are authorised in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it, any Content posted on it, or Services provided on or via it, including, without limitation any liability for:

loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS (INCLUDING THROUGH NEGLIGENCE) WHICH ARISES IN ANY WAY OUT OF, OR IS IN ANY WAY CONNECTED WITH, YOUR USE OF THE SITE, ANY CONTENT OR SERVICE, OUR LIABILITY (SAVE AS PROHIBITED BY APPLICABLE LAW) SHALL IN NO EVENT EXCEED THE TOTAL OF GBP500 (FIVE HUNDRED BRITISH POUNDS ONLY).

You must take steps to minimise any risk arising out of using the site, Content and Services, including checking any information or result obtained from the site, Content and Services or support services before relying on them and obtaining insurance in relation to any risks arising out of the use of the same.

Indemnity

You shall indemnify and hold CMA, its affiliates and their respective officers, directors, shareholders, predecessors, successors in interest, employees and agents, ("Indemnified Parties"), harmless from any demands, loss, liability, claims, action or expenses (including attorneys' fees), suffered by an Indemnified Party arising out of your use of the site, Content or Services.

If we take any legal action against you as a result of your breach of these Terms of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to us.

Termination

We reserve the right, at any time, without notice and for any reason to modify, interrupt, suspend (temporarily or indefinitely) or terminate the operation of, or your access to, all or any part of the site, Content and/or Services.

At any time, without notice to you and in our sole discretion, we may suspend or terminate your right to access all or part of the site or any other of your rights under these Terms of Use: (i) for any act or omission by you or any other individual or entity using the passwords or User Access Information that CMA, in its sole discretion, believes violates applicable law or is harmful to the interests of any guest or registered user or other party using the site, Content or Services; or (ii) if you breach any term of these Terms of Use; or (iii) if we are unable to authenticate or verify any Personal Information you provide to us. Upon termination, all outstanding fees (if any) for Services rendered shall become immediately due and payable.

Personal Information

We process information about you in accordance with our Privacy Policy. All such information collected by us shall be referred to in these Terms of Use as "Personal Information". By using our site, you consent to such processing of your Personal Information.The following applies to any Personal Information you provide to us, for example during any registration or ordering process:

a. You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the Services which are available through our site by us, licensees, associates, sub-contractors or other third parties.

b. If you choose to use our Services through our site then we may collect information into a file specific to you.

c. You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

d. For more information about how we deal with your Personal Information, please read our Privacy Policy.

Our performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.

General

We administer and operate the site from England, within the United Kingdom. These Terms of Use and any dispute or claim arising out of or in connection with any of them or their subject matter or formation (including non-contractual disputes or claims), and your access to and use of the site, Content and Services, will be governed by English law. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

You must not bring any claim arising out of or relating to the site, Content or Services more than one (1) year after first accessing the site, Content or Services giving rise to the said claim.

All limitations of our liability in these Terms of Use are separate and severable. If any provision of these Terms of Use is held by a competent court or tribunal to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use.

You must not attempt or purport to make counter-offers to these Terms of Use.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of your use of the Services.

These Terms of Use, together with the ‘Privacy Policy' (including applicable Additional Terms but excluding any other terms, representations, promises or statements appearing on the site or in the Content or Services) on our site, contain the entire agreement between you and us. You acknowledge and agree that you have not entered into these Terms of Use in reliance on any statement, representation (whether innocent or negligent), assurance or warrant (‘Representation') of any person (whether party to this agreement or not) other than as expressly incorporated in these Terms of Use or ‘Privacy Policy' and any applicable Additional Terms. You agree that the only rights and remedies available to you arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms of Use and irrevocably and unconditionally waive any right or remedy you may have to claim damages and/or rescind these Terms of Use by reason of any misrepresentation (other than a fraudulent misrepresentation) not contained in these Terms of Business or the Privacy Policy.

Any failure by us to enforce our rights or remedies under these Terms of Use or otherwise shall not be construed as a waiver by us of those or any other rights or remedies.

These Terms of Use may only be amended by paper written agreement signed by authorised representatives of the parties.These Terms of Use shall not confer any rights or remedies on any third parties, save that the CME Group companies may enforce any rights granted or reserved to them under these Terms of Use directly against any user. No third party consent shall be required to vary or end these Terms of Use. All rights not expressly granted in these Terms of Use are reserved.

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