Legal
1. Terms and Conditions of Use.
By using this website or electronic service ("Portal"), you agree with the terms and conditions described below. Do not use the Portal or the Services if you do not agree to all of these terms or conditions.
2. Purpose
The information provided on this Portal 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 law or regulation or which would subject us or any affiliate to any registration qualification, licensing, approval, or non-disapproval requirement within such jurisdiction or country. The risk profiling software which is a part of the Portal is not being made available for the purpose of providing investment or other advice to you or any other party, and no information or material available on or through this Portal is to be relied upon for the purpose of making or communicating investment or other decisions. Neither the information nor any opinion contained on this Portal or any other web site, web page, dial-up online service or any other electronic service constitutes investment advice or a solicitation by us or our affiliates for the purchase or sale of any securities, futures, options or other financial instruments or to provide any investment advice or service.
3. Sources of Information.
The information on this Portal has been compiled from both internal and external sources. Such information may include quotes, news, and research data prepared by third parties and provided by us or obtained from sources we believe to be reliable, but we cannot and do not guarantee the accuracy, timeliness, or completeness of such information for any particular purpose. You agree that we will not be responsible for any loss you experience as a result of your reliance on such information. We use reasonable efforts to make sure that the information appearing on this site is accurate and up-to-date. However, we do not represent or warrant that the information contained herein is accurate or complete. Without limiting the foregoing, we draw your attention to Section 9 below, which contains additional terms and conditions applicable to your use and receipt of third party data and information available to you on or through this Portal.
4. Nondeposit Investment Products.
Certificates of deposit, mutual funds, annuities and other investment products are available through us. THESE PRODUCTS ARE NOT DEPOSITS OR OTHER OBLIGATIONS OF, AND ARE NOT GUARANTEED BY US OR OUR AFFILIATES, AND MAY FLUCTUATE IN VALUE AND ARE SUBJECT TO INVESTMENT RISKS, INCLUDING POSSIBLE LOSS OF PRINCIPAL INVESTED. IN ADDITION, THESE PRODUCTS, AS WELL AS DEPOSITS PLACED WITH US, ARE NOT INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION AND MAY NOT BE COVERED BY ANY OTHER TYPE OF DEPOSIT INSURANCE.
5. Intellectual Property / Trade Secrets
5.1. The information that you obtain via this Portal or the Services is our intellectual property or the intellectual property of third parties. By paying us the fees, you have the right to use such information for your own end use in the ordinary course of your business; this limited license does not authorize you to distribute such information to those outside your organization, either for compensation or for free, and you are expressly prohibited from doing so; provided, however, that you may distribute (a) normal business records maintained by us for you as your administrative agent (such as account information, fund administrative reports and similar financial information) to the extent required by applicable law or business custom to be disclosed to regulators or shareholders, and (b) such information that we have by contract other than this Agreement agreed that you may freely distribute.
5.2. Your use of any third-party links contained on this Portal is at your own risk. The content to which you link has not been developed, checked for accuracy, or otherwise reviewed by us. If you access the Portal or the Services via the Internet (including, without limitation, through a mobile device), you will be required to use a third-party provided Internet browser, such as Netscape or Internet Explorer, or a BBH-provided mobile application. Your use of such software to access the Portal or the Services shall be at your own risk and shall be subject to terms and conditions imposed by BBH and such third parties in addition to this Agreement. Some Services may be accessed via a direct dial-up connection through software we provide to you; in those cases, your use of that software is subject to license terms included with the software for each Service. Such license terms, which include limitations with respect to liability, use and redistribution, are hereby expressly incorporated into this Agreement. We make no guarantees or representations as to, and shall have no liability for, any third-party site, including without limitation, the accuracy, subject matter, quality, or timeliness of any electronic content.
5.3. Copyright in the pages and in the screens displaying the pages, including but not limited to all design, text, sound recordings, and images, and in the information and material therein and in their arrangement, is owned by or licensed to us unless otherwise indicated. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, deep-linked, stored for subsequent use or otherwise used in whole or in part in any manner without our prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of our proprietary rights. Our trademarks and service marks include "ActionView", "ActionWorld", "BBH", "BBH & Co." "BBH Comset", "BBH Comset Plus", "BBHCOnnect", "BBHCOnvert", "BBH Direct", "BBH INFOFX", "BIDS", "Brown Brothers Harriman & Co.", "FX INDEXLINK", "FX OrderView", "INFOFX", "INFOMEDIARY", "INFOSETTLE", "LIFE OF A TRADE", "SALSA", "WorldView" and "59 Wall St.". Other featured words or symbols, used to identify the source of goods and services, are the trademarks of their respective owners. If you download any information from this Portal for your personal reference, you agree that you will not remove or obscure any copyright or other notices contained in any such information. You may not copy, republish, redistribute, transmit, participate in the transmission of, create derivatives of, alter, edit or exploit in any manner any material from this Portal, including by storage on retrieval systems, except as expressly provided herein.
6. Other Notices.
6.1. Preventing Internet Fraud
Internet and E-mail Fraud ("phishing or spoofing")
In this electronic age of communications, fraudulent use of the internet to capture sensitive personal information on accounts is common. "Phishing" or "spoofing" is a scam that is conducted through email by a fraudulent source claiming to be a genuine company.
Impostors send consumers e-mail messages that appear to come from legitimate financial institutions using false websites, emails, branding and marketing information that appears to be legitimate. This is a serious issue and one which requires immediate attention. Tips to recognize and protect yourself against fraudulent email communications (aka phishing or spoofing)
- BBH's website address is www.bbh.com. Any web addresses that do not start with www.bbh.com should be considered suspect. If you have any questions about a BBH web address, do not hesitate to call your BBH Relationship Manager, or contact us at one of our main locations: http://www.bbh.com/wps/portal/ourfirm/contactus/officelocations.
- Make sure you recognize the name and/or phone number. BBH's main phone numbers for each of our locations can be found via the following link: http://www.bbh.com/wps/portal/ourfirm/contactus/officelocations. Please do not hesitate to call one of our main numbers if you have any questions about a phone number and/or name from which you have received an email;
- Trademarks or logos that are distorted or appear different may be falsely represented
- Be aware of unknown pop-up windows or web pages that do not fit the BBH web page convention described above;
- Do not use phone numbers provided by suspicious emails;
- Be cautious of emails requesting confidential information;
- Do not provide personal information to anyone, either to an internet address or an individual with whom you are not familiar;
- Monitor your accounts and reporting on a regular basis.
If you have a question regarding any BBH correspondence, please do not hesitate to contact us at any one of our locations (http://www.bbh.com/wps/portal/ourfirm/contactus/officelocations) or by calling your BBH Relationship Manager directly.
The New York State Banking Department in the US and the FCA in the UK have a number of resources on their websites to help identify fraudulent email communications. Please find direct links to the relevant areas of their sites for more information:
New York State Banking Department Resources
Phishing Scams - What You Need to Know: https://www.banking.state.ny.us/brphish.htm
Financial Conduct Authority (FCA) Resources
Identifying and protecting yourself from Online Fraud: http://www.moneymadeclear.fsa.gov.uk/news/online_fraud.html
Identifying and protecting yourself from Share Scams: http://www.moneymadeclear.fsa.gov.uk/news/share_Scams.html
FCA Register: http://www.moneymadeclear.fsa.gov.uk/tools/check_ our_register.html
FCA List of unauthorized firms/individuals that are currently targeting UK investors.
FCA Consumer Contact Centre telephone number: 0845 606 1234 for calls from the UK and +44207 066 1000 for callers outside the UK.
6.2. Internet Access; Email Communications; Prohibited Usage.
a. Those Services accessible via the Internet including electronic mail ("e-mail") require you to use commercially available third-party web browsers and Internet utility software from various unaffiliated software providers. We do not warrant the performance of, and bear no responsibility for, your use of any third party information, software, telecommunications hardware, or Internet connection. Because Internet e-mail presents issues of reliability of delivery, content accuracy, timeliness, and security, you should not send any personal or identifying information, such as account numbers, credit card numbers, Social Security numbers, passwords, etc., via Internet e-mail. We will take reasonable security precautions to safeguard data and communications transported over the Internet; however, we disclaim any liability for interception of any such data or communications. You agree that (i) you will not use e-mail to request, authorize, or effect the purchase or sale of any securities, currency, or commodities, to send funds transfers instructions, or for any other financial transactions unless we mutually agree in writing to a procedure by which all such email communications from you can be authenticated, and (ii) we shall not be responsible for any damages caused by communications line failure, systems failure, and other occurrences beyond our control. We will not be responsible for the cost of any access costs you incur to connect to the Services.
b. You are prohibited from deliberate misuse of any element of this Portal, including, without limitation, hacking; introduction of viruses or any device, method, or token whose knowing or intended purpose is to permit any person to circumvent the normal security of the Portal, the Services or the system containing the software code for the Services; disruption or excessive use or any use in contravention of applicable law; and making any modifications to the Portal or the Services, including without limitation the software, information, formats, and interfaces that comprise the Portal or the Services. You will be held strictly liable for decreased effectiveness or efficiency of, or for any errors and omissions arising out of the use of, the Portal or the Services provided to our other clients as a result of modifications you make to the Portal or the Services and/or their component parts. You will indemnify, defend and hold us and our suppliers harmless against any losses, expenses, costs, or damages incurred as a result of your breach of these Terms and Conditions, or your unauthorized use of the content of this Portal.
6.3. No Warranties; Limitation of Liability.
THE PORTAL, THE SERVICES AND ALL INFORMATION, SOFTWARE, AND OTHER MATERIALS PROVIDED THROUGH THE PORTAL OR THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DO NOT GUARANTEE THE SECURITY OF THE PORTAL OR THE SERVICES OR THE PREVENTION FROM LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, YOUR ACCOUNT INFORMATION OR DATA. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, RELATING TO OR RESULTING FROM THE USE OR INABILITY TO USE THE PORTAL OR THE SERVICES, MISTAKES, OMISSIONS, SERVICE INTERRUPTIONS, DELETION OF FILES, LOSS OR MODIFICATION OF CONTENT OR DATA, ERRORS, DEFECTS, MISDELIVERIES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATION FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ANY SERVER, RECORDS, PROGRAMS, OR SERVICES, WHETHER OR NOT LIMITED TO CIRCUMSTANCES BEYOND OUR CONTROL. IN NO EVENT WILL WE OR OUR AFFILIATES, SUPPLIERS, CONTRACTORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, AGENTS, AND/OR EMPLOYEES BE LIABLE FOR ANY DAMAGES, WHETHER OR NOT FORESEEABLE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING IN CONNECTION WITH THE SERVICES OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE PORTAL OR THE SERVICES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, OR LOSS OR MODIFICATION OF CONTENT OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO THIRD PARTY SHALL HAVE ANY RIGHT OR CLAIM UNDER THIS AGREEMENT.
6.4.Changes
Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to our final determination and acceptance. WE OR OUR SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE TERMS AND CONDITIONS, INFORMATION, PRODUCTS, OR SERVICES DESCRIBED HEREIN AT ANY TIME. (Your use of the Services subsequent to a change will constitute your acceptance of such change.) ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. FURTHERMORE, BY OFFERING INFORMATION, PRODUCTS OR SERVICES VIA THE INTERNET OR DIAL-UP CONNECTION, NO SOLICITATION IS MADE BY US TO ANY PERSON TO USE SUCH INFORMATION, PRODUCTS, OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF SUCH INFORMATION, PRODUCTS, OR SERVICES IS PROHIBITED BY LAW.
7. Use in other Jurisdictions.
7.1. We do not operate as a banking entity in all jurisdictions. Some products and services may not be available in all jurisdictions or to all clients. By choosing to access this Portal from any location other than the Unites States you accept full responsibility for compliance with all local laws.
7.2. We do not operate as a banking entity in all jurisdictions. Some products and services may not be available in all jurisdictions or to all clients. By choosing to access this Portal from any location other than the United States or the United Kingdom, you accept full responsibility for compliance with all local laws.
8. Privacy Policy.
Any personal information provided to this Portal will be handled in accordance with the web site privacy policy.
9. Third Party Terms and Conditions.
Your use and receipt of the third party data and information (the "Third Party Materials") made available to you on or through this Portal is subject to the following additional terms and conditions (the "Third Party Terms and Conditions"). You acknowledge and agree to comply with the Third Party Terms and Conditions and to indemnify, defend and hold us and our affiliates, partners, principals, officers, directors, personnel and licensors harmless from all losses, liabilities, damages, costs and expenses (including, without limitation, attorneys' fees) arising from your use of the Third Party Materials or your breach of the Third Party Terms and Conditions. We may discontinue making the Third Party Materials available without notice.
WITHOUT LIMITING ANY OF THE SPECIFIC THIRD PARTY TERMS AND CONDITIONS BELOW, YOU ACKNOWLEDGE THAT THE THIRD PARTY MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THAT BBH, ITS AFFILIATES AND ITS AND THEIR LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE THIRD PARTY MATERIALS, INCLUDING, WITHOUT LIMITATION, WARRANTIES WITH RESPECT TO THE TIMELINESS, ACCURACY, COMPLETENESS, CURRENCY, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. BBH, ITS AFFILIATES AND ITS AND THEIR LICENSORS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUE, PROFITS, BUSINESS, GOODWILL OR REPUTATION, ARISING FROM OR RELATING TO THE THIRD PARTY MATERIALS OR YOUR RECEIPT OR USE THEREOF, EVEN IF NOTIFIED OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
9.1 CUSIP Database and CUSIP Information
You agree and acknowledge that the CUSIP Database and the information contained therein is and shall remain valuable intellectual property owned by, or licensed to, Standard & Poor's CUSIP Service Bureau ("CSB") and the American Bankers Association ("ABA"), and that no proprietary rights are being transferred to you in such materials or in any of the information contained therein. Any use by you outside of the clearing and settlement of transactions requires a license from CSB, along with an associated fee based on usage. You agree that misappropriation or misuse of such materials will cause serious damage to CSB and ABA, and that in such event money damages may not constitute sufficient compensation to CSB and ABA; consequently, you agrees that in the event of any misappropriation or misuse, CSB and ABA shall have the right to seek injunctive relief in addition to any other legal or financial remedies to which CSB and ABA may be entitled.
You agree that you shall not publish or distribute in any medium the CUSIP Database or any information contained therein or summaries or subsets thereof to any person or entity except in connection with the normal clearing and settlement of security transactions. You further agree that the use of CUSIP numbers and descriptions is not intended to create or maintain, and does not serve the purpose of the creation or maintenance of, a master file or database of CUSIP descriptions or numbers for itself or any third party recipient of such service and is not intended to create and does not serve in any way as a substitute for the CUSIP MASTER TAPE, PRINT, DB, INTERNET, ELECTRONIC, CD-ROM Services and/or any other future services developed by the CSB.
NEITHER CSB, ABA NOR ANY OF THEIR AFFILIATES MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED IN THE CUSIP DATABASE. ALL SUCH MATERIALS ARE PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE NOR WITH RESPECT TO THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF SUCH MATERIALS. NEITHER CSB, ABA NOR THEIR AFFILIATES SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS NOR SHALL THEY BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF CSB, ABA OR ANY OF THEIR AFFILIATES PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE FEE PAID BY YOU FOR ACCESS TO SUCH MATERIALS IN THE MONTH IN WHICH SUCH CAUSE OF ACTION IS ALLEGED TO HAVE ARISEN. FURTHERMORE, CSB AND ABA SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DELAYS OR FAILURES DUE TO CIRCUMSTANCES BEYOND THEIR CONTROL.
You agree that the foregoing terms and conditions shall survive any termination of your right of access to the materials identified above.
Your access to the CUSIP data is expressly conditioned on the effectiveness of BBH's license from Standard & Poor's CUSIP Service Bureau and all such access shall automatically terminate upon termination of the such license.
9.2 DAX Index
The DAX index is used under license from Deutsche Börse AG. Further dissemination of the DAX index or any information contained therein is prohibited.
9.3 Dow Jones Industrial Average
The Dow Jones Industrial Average (the "DJIA") is used under license from CME Group Index Services LLC ("CME Indexes"). CME Indexes may direct us to terminate distribution of the DJIA (or any portion thereof) to you, for any reason, and pursuant to such license, we are obligated to promptly comply with such direction.
CME INDEXES, ITS SOURCES, CO-LICENSORS, DISTRIBUTION AGENT, DOW JONES AND COMPANY, INC. AND THEIR RESPECTIVE AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES (COLLECTIVELY, THE "CME INDEXES PARTIES") SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING FROM (i) ANY INACCURACY OR INCOMPLETENESS IN, OR DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE DELIVERY OF THE DJIA OR (ii) ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANY THIRD PARTY IN RELIANCE UPON THE DJIA.
THE CME INDEXES PARTIES SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR LOSS OF BUSINESS REVENUES, LOST PROFITS OR ANY PUNITIVE, INDIRECT, CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU EXPRESSLY ACKNOWLEDGE THAT THE CME INDEXES PARTIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, TO YOU OR ANY THIRD PARTY WITH RESPECT TO THE DJIA, INCLUDING, WITHOUT LIMITATION: (i) ANY WARRANTIES WITH RESPECT TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE DJIA OR (ii) ANY WARRANTIES AS TO THE RESULTS TO BE OBTAINED BY YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH THE USE OF THE DJIA.
You acknowledge and agree that "CME", "Dow Jones", "Dow Jones Indexes" and the names identifying the Dow Jones-branded Indexes, including, without limitation, to the extent applicable, the marks "The Dow", "The Dow [number]", "The Global Dow" and "DJ" (collectively, the "Marks") are famous, well-known and internationally recognized trade names, trademarks and service marks owned by CME Indexes or its licensors, as the case may be. You have no rights to such Marks. You recognizes the great value of the reputation and goodwill associated with the Marks and agree that all goodwill associated with the Marks shall belong exclusively to CME Indexes and/or its licensors, as the case may be. You further acknowledge and agree that (i) the DJIA and the divisors, formulas and methods used to compute the DJIA, are the exclusive property of CME Indexes and/or its Co-Licensors, as the case may be, not within the public domain and are protected by intellectual property laws and (ii) but for this agreement or any written agreements between you and CME Indexes, you would have no rights with respect to, or rights to receive, any of the DJIA.
You agree that you will not copy, download, store, reproduce or further transmit or distribute the DJIA for commercial purposes in any type of format or by any means, including but not limited to the Internet, Intranet or other type of network.
You further agree that as a condition of your continued receipt of the DJIA and any other index data originating from CME Indexes or any of its affiliates or agents, you shall not create, issue, sponsor or manage any financial instruments or investment products (including, without limitation, derivatives, structured products, passively managed accounts, investment funds, investment portfolios or exchange-traded funds) where the price, return and/or performance of such instrument or product is based on, related to, or intended to track, any index published by CME Indexes or a proxy for such index, without a separate written agreement with CME Indexes for such purpose.
9.4. Dow Jones Industrial Average Futures Index, NASDAQ 100 Futures Index, S&P 500 Index, S&P 500 Futures Index
The Dow Jones Industrial Average Futures Index, NASDAQ 100 Futures Index, S&P 500 and S&P 500 Futures Index (the "CME-Licensed Information") are used under license from the Chicago Mercantile Exchange, Inc. (the "CME"). The CME and its licensors retain and reserve all rights, including all intellectual property rights, to the CME-Licensed Information. CME disclaims all liability for the CME-Licensed Information and the use thereof, and any and all losses, damages or claims arising from use of the CME-Licensed Information. The CME may suspend or terminate receipt or display of the CME-Licensed Information by any party if CME has reason to believe CME-Licensed Information is being misused or misrepresented.
9.5. FTSE® 100 Index
The FTSE 100 index and all data contained therein ("FTSE Data") are the property of FTSE International Limited and used under license. You may use the FTSE Data only for your own internal business purposes (if you are a business) or your own individual purposes (if you are an individual). You may not redistribute FTSE Data to any third party.
9.6. Hang Seng Index
The Hang Seng Index (the “Information”) is provided by Hang Seng Indexes Company Limited. Neither Hang Seng Indexes Company Limited nor any of its holding companies and subsidiaries nor BBH provides any warranties of any kind in relation to such Information (including, without limitation, that the Information is fit for a particular purpose) or accepts any responsibilities for its accuracy, completeness and/or consistency, or for any loss or damage whatsoever and howsoever suffered or incurred by any party. With the use of or the access to the Information referred to in this section, you irrevocably and unconditionally accept and agree to be bound by this disclaimer.
9.7. Interactive Data
All information provided by Interactive Data Real Time Services ("Real-Time Services") and its affiliates (the "Real-Time Services Information") is owned by or licensed to Real-Time Services and its affiliates and any user is permitted to use such Real-Time Services Information only for such user's personal use. All proprietary rights with respect to the Real-Time Services Information belong to Real-Time Services, its affiliates and third party licensors. In no event shall any user publish, retransmit, redistribute or otherwise reproduce any Real-Time Services Information in any format to anyone, and no user shall use any Real-Time Services Information in or in connection with any business or commercial enterprise, including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise.
Prior to the execution of a security trade based upon the Real-Time Services Information, you are advised to consult with your broker or other financial representative to verify pricing information.
THE REAL-TIME SERVICES INFORMATION IS PROVIDED TO THE USERS "AS IS." NEITHER REAL-TIME SERVICES NOR ITS AFFILIATES NOR ANY THIRD PARTY DATA PROVIDER MAKE ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND REGARDING THE REAL-TIME SERVICES INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. NEITHER REAL-TIME SERVICES NOR ITS AFFILIATES NOR ANY THIRD PARTY DATA PROVIDER WILL BE LIABLE TO ANY USER OR ANYONE ELSE FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, IN THE REAL-TIME SERVICES INFORMATION OR FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY) RESULTING THEREFROM.
You may not use or permit anyone to use the Real-Time Services Information for any unlawful or unauthorized purpose. You may not furnish the Real-Time Services Information to any person or firm for reuse or retransmission without prior written approval of the third party data provider of such Real-Time Services Information.
NEITHER BBH, REAL-TIME SERVICES, THEIR AFFILIATES NOR ANY THIRD-PARTY LICENSOR SHALL HAVE ANY LIABILITY FOR THE ACCURACY OR COMPLETENESS OF THE REAL-TIME SERVICES INFORMATION FURNISHED THROUGH THIS PORTAL, OR FOR DELAYS, INTERRUPTIONS OR OMISSIONS THEREIN NOR FOR ANY LOST PROFITS, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES.
9.8. Nikkei Indices
The Nikkei Indices, including, without limitation, the Nikkei 225, are owned by Nikkei, Inc. ("Nikkei") and used under license from Nikkei Digital Media, Inc. ("NDM"). You acknowledge that all intellectual property rights and any other rights in and to the Nikkei Indices are solely owned by Nikkei.
Neither Nikkei nor NDM warrant the accuracy or completeness of the Nikkei Indices, and shall not be liable for any decision made or action taken in reliance on the Nikkei Indices.
9.9. SEDOL Masterfile and SEDOL Information
The SEDOL Masterfile and all information contained therein are the property of the London Stock Exchange plc (the "Exchange") and/or its licensors and are used under license. You may not reproduce, extract or redistribute any SEDOL information without the prior written consent of the Exchange, except that you may reproduce, extract and/or redistribute SEDOL information available through this Portal within your organization solely as reasonably necessary in connection with your receipt of services from us. You acknowledge that it is your responsibility to obtain all relevant licenses for reproduction, extraction and redistribution of the SEDOL information available through this Portal, beyond that permitted by the preceding sentence.