USE AND ACCEPTANCE
AUTHORIZED USE; COPYRIGHTS AND TRADEMARKS
This Site and the Services may contain copyrighted works and trademarks and other proprietary material owned by us or our content providers. You may use the information available from this Site for informational purposes only. You may print copies of pages from this Site for your personal purposes, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear, on the pages copied. The availability of third party data from or through this Site is not to be used as a substitute for a license or services agreement directly with the relevant content provider. Except as stated above, you may not copy, reproduce, publish, post, transmit, display, store, sublicense, transfer or distribute material or images from this Site without our express written permission or that of our content providers, as applicable ("Permission"). You may not modify, alter, revise, paraphrase, omit, or change any material or images on or from this Site without Permission. You may not create derivative works, whether based in whole or in part upon the information on this Site or any portion thereof without Permission. You may not modify, amend, reduce the size of or in any way obscure any warning, notice, liability limitation, or other license provision in material or images on or from this Site. Nothing contained on this Site and/or the Services should be construed as granting, by implication, estoppel or otherwise, any license or right in and to our trademarks or copyrighted material. The information contained in this Site is subject to change without notice.
LIMITED AVAILABILITY, ELIGIBILITY
This Site and the information contained in it is intended for the use of United States investors only, and 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 to any registration or license requirement within such jurisdiction or country. While certain products or services described in this Site may be provided in various countries by one or more of our companies where authorized and regulated as required within each jurisdiction, the information and Services described in our Site generally do not comply with the legal requirements of most foreign countries. Accordingly, this Site and its contents are not intended, nor should be construed, as investment advice, an offer or solicitation of services or products, or an endorsement thereof in any jurisdiction or in any circumstance that is otherwise unlawful or unauthorized. Your eligibility and qualifications for particular products or Services is subject to final determination by us and/or the applicable content provider.
LIMITATION OF LIABILITY
BY ACCESSING THIS SITE OR RECEIVING ANY SERVICES, YOU AGREE TO WAIVE ALL CLAIMS AGAINST US AND ALL THIRD PARTY CONTENT PROVIDERS REGARDING THIS SITE, THE INFORMATION PROVIDED ON THIS SITE AND ANY INFORMATION RECEIVED BY YOU AS A RESULT OF USING THE SERVICES, AND ANY USE BY YOU OF SUCH INFORMATION. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE OR ITS CONTENTS OR SERVICES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOOD WILL, BUSINESS INTERRUPTION, USE, DATA, EQUIPMENT OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (1) THE RELIANCE ON, USE OF OR INABILITY TO USE THIS SITE OR ANY SERVICES (2) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU OR BY ANYONE TO WHOM YOU COMMUNICATE SUCH INFORMATION, OR FOR ANY ERRORS BY YOU IN COMMUNICATING SUCH INFORMATION; (3) THE COST OF SUBSTITUTE SERVICES; (4) FORCE MAJEURE AND ANY SIMILAR EVENTS THAT ARE BEYOND OUR REASONABLE CONTROL; OR (5) ANY OTHER MATTER RELATING TO THE CONTENT, SERVICES, OR DISTRIBUTION OF SERVICES THROUGH THIS SITE. WE SHALL NOT BE LIABLE FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, PROCEDURE, OR SERVICE OBTAINED THROUGH THIS SITE.
WE CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR FRAUDULENT USE OF THIS SITE AND ANY SERVICES.
SOME OF THE CONTENT ON THIS SITE OR THE SERVICES MAY BE PROVIDED BY THIRD PARTY CONTENT PROVIDERS AND USERS. WE ARE A DISTRIBUTOR AND NOT A PUBLISHER OF SUCH CONTENT AND HAVE NO CONTROL OVER IT. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS OR OTHER INFORMATION GIVEN OR PROVIDED BY THIRD PARTIES (INCLUDING MERCHANTS AND LICENSORS) ARE THOSE OF THE RESPECTIVE AUTHORS OF SUCH CONTENT AND NOT OURS.
ALTHOUGH WE USE REASONABLE EFFORTS TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION THROUGH THIS SITE, WE AND THE CONTENT PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY, OR COMPREHENSIVENESS OF CONTENT ON THIS SITE AND ANY SERVICE. THE INFORMATION CONTAINED ON THIS SITE AND ANY SERVICE IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION CONTAINED ON THIS SITE AND ANY SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE AND THE CONTENT PROVIDERS CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE AND ANY SERVICE WILL BE FREE FROM INFECTIONS OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE WITH CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU HEREBY AGREE TO RELEASE AND HOLD US HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, EXPENSES OR DAMAGES RELATING TO ANY DISCLAIMED WARRANTY DESCRIBED IN THIS PARAGRAPH.
THE INFORMATION PROVIDED IN ANY SERVICE OR IN THIS SITE IS NOT INVESTMENT OR LEGAL ADVICE. INFORMATION RECEIVED VIA THIS SITE OR THE SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. CERTAIN SECTIONS OF THIS SITE MAY INCLUDE INVESTMENT-RELATED CONTENT AND IS PUBLISHED SOLELY FOR INFORMATION PURPOSES AND IS NOT A SOLICITATION NOR AN OFFER TO BUY OR SELL ANY STOCK, INVESTMENT FUND, OR OTHER SECURITY, NOR SHOULD IT BE USED IN CONNECTION WITH ANY SALE, OFFER FOR SALE OR SOLICITATION OF AN OFFER TO BUY SECURITIES OR ANY OTHER INSTRUMENT. SUCH INFORMATION DO NOT ATTEMPT OR CLAIM TO BE A COMPLETE DESCRIPTION OF THE SECURITIES, MARKETS, OR DEVELOPMENTS REFERRED TO IN THE MATERIAL. ALL EXPRESSIONS OF OPINION ARE SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION ARE OBTAINED FROM INTERNAL AND EXTERNAL SOURCES WHICH WE CONSIDERS RELIABLE, BUT WE HAVE NOT INDEPENDENTLY VERIFIED SUCH INFORMATION AND WE DO NOT GUARANTEE THAT IT IS ACCURATE OR COMPLETE. WE, OUR EMPLOYEES, AND OFFICERS AND DIRECTORS, MAY FROM TIME TO TIME HAVE POSITIONS IN THE SECURITIES MENTIONED AND MAY SELL OR BUY SUCH SECURITIES.
INVESTMENT PRODUCTS ARE NOT BANK DEPOSITS OR INSURED BY THE FDIC OR OTHER ENTITY AND ARE SUBJECT TO INVESTMENT RISKS, INCLUDING LOSS OF THE PRINCIPAL AMOUNT INVESTED. PAST PERFORMANCE IS NOT PREDICTIVE, NOR IS A GUARANTEE, OF FUTURE RESULTS.
WE ARE NOT PROVIDING INVESTMENT ADVICE, ACTING AS A FIDUCIARY OR ENDORSING ANY COMPANY, PRODUCTS, SERVICES OR SECURITIES BY PUBLISHING ANY INFORMATION CONTAINED IN THIS SITE. SUCH INFORMATION IS NOT INTENDED FOR TRADING PURPOSES OR FOR ANY PURPOSE OTHER THAN YOUR PERSONAL USE. WE MAKE NO REPRESENTATION REGARDING THE ACCURACY OR TIMELINESS OF ANY SUCH INFORMATION AND SHALL HAVE NO LIABILITY FOR INVESTMENT OR OTHER DECISIONS BASED UPON THIS INFORMATION. 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. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THIS INFORMATION, INCLUDING MARKET VALUE LOSS ON THE SALE OR PURCHASE OF SECURITIES OR OTHER INSTRUMENTS OR OBLIGATIONS.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THAT THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, SUCH DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
ENTIRE AGREEMENT; JURISDICTION AND CHOICE OF LAW AND FORUM
LINKS TO OTHER WEB SITES
PROTECTING YOUR INFORMATION
We utilize reasonable security technologies to protect sensitive information. However, the security of this information depends in part on the security of the computer you use to communicate with us, the security you use to protect User IDs and passwords, and the security provided by your internet access services provider. We are not responsible for the security of your internet access services provider; you should review the security and privacy policies of your internet access services provider carefully. Information that you access via this Site may be stored on your computer during your session for your convenience. If others have access to your computer or your User ID and password, they may be able to access this information. In any area of the Site requiring a password, you should log off the Site when you are done viewing information or whenever you leave your computer. We are not responsible for the security or privacy of information communicated to or from such a computer. Finally, you should keep any correspondence you receive relating to this Site or the Services (including, but not limited to, your User ID, passwords, other registration information, emails, order information, or any other information) confidential and in a safe place.
INSPECTION, CORRECTION, AND REMOVAL OF INFORMATION
We will use reasonable efforts to allow you to review, correct or update the information that you have provided to us at any time. Please note that because of back-up systems and records of deletions, it may not be possible for us to locate and remove from our systems residual information that you have provided to us.
We cannot require third parties to change information that has been disclosed to them with your consent. To modify this information, you will have to go directly to the relevant third party.
We may use various market indices, industry rankings, industry ratings or peer group comparisons on our Site. Most of these measurements are trademarks, service marks or copyrights of the sponsoring companies, and are licensed for our use. However, these companies do not sponsor, endorse, sell or promote our investment strategies or products, and make no representation regarding the advisability of investing in our products or strategies. For additional information about these measurements, please contact us at firstname.lastname@example.org.
The following are our registered or unregistered trademarks or service marks: Ankura Capital, Blackfriars Asset Management, BNY Asset Management, BNY Hamilton, BNY Overlay Associates, BNY Mellon, BNY Mellon Asset Management, BNYM AM, BNY Mellon ARX, BNY Mellon Beta Management, BNY Mellon Cash Investment Strategies, BNY Mellon Cash Investment Services, The Boston Company Asset Management, Certus Asset Advisors, Dreyfus, EACM Advisors, Founders, Franklin Portfolio Associates, Ivy Asset Management, Mellon, Mellon Global Cash Management, Mellon Bond, Mellon Equity, BNYM AM, BNYM AM Management, the square BNYM AM Management logo (with or without the BNYM AM Management name included), Mellon Global Alternative Investments, MGAI, Newton, Newton Capital Management, Newton Investment Management, The Newton Group, Pareto, Pareto Investment Management, Pareto Partners, Standish, Standish Funds, Standish Mellon, Urdang, Urdang Securities, Urdang Capital, Walter Scott, Walter Scott & Partners, GTAA, Global TAA, Tangent-Added, TAXTAA, Taxable Tactical Asset Allocation, Active Index Plus, Global Tactical Asset Allocation and Ideas That Set the Standard.
CFTC REGULATORY NOTICE
Some of the BNY Mellon Asset Management investment managers are registered with the Commodity Futures Trading Commission (“CFTC”) as commodity trading advisors, and some of the products and services we describe on this Site may involve the use of futures and/or options thereon as part of their trading strategies. Such products and services are designed solely for, and are offered solely to, "qualified eligible persons" (as such term is defined in the regulations of the CFTC). Therefore, we are providing the following notice:
PURSUANT TO AN EXEMPTION FROM THE COMMODITY FUTURES TRADING COMMISSION IN CONNECTION WITH ACCOUNTS OF QUALIFIED ELIGIBLE PERSONS, THIS BROCHURE OR ACCOUNT DOCUMENT IS NOT REQUIRED TO BE, AND HAS NOT BEEN, FILED WITH THE COMMISSION. THE COMMODITY FUTURES TRADING COMMISSION DOES NOT PASS UPON THE MERITS OF PARTICIPATING IN A TRADING PROGRAM OR UPON THE ADEQUACY OR ACCURACY OF COMMODITY TRADING ADVISOR DISCLOSURE. CONSEQUENTLY, THE COMMODITY FUTURES TRADING COMMISSION HAS NOT REVIEWED OR APPROVED THIS TRADING PROGRAM OR THIS BROCHURE OR ACCOUNT DOCUMENT.
YOU SHOULD ALSO BE AWARE THAT THIS COMMODITY TRADING ADVISOR MAY ENGAGE IN TRADING FOREIGN FUTURES OR OPTIONS CONTRACTS. TRANSACTIONS ON MARKETS LOCATED OUTSIDE THE UNITED STATES, INCLUDING MARKETS FORMALLY LINKED TO A UNITED STATES MARKET, MAY BE SUBJECT TO REGULATIONS WHICH OFFER DIFFERENT OR DIMINISHED PROTECTION. FURTHER, UNITED STATES REGULATORY AUTHORITIES MAY BE UNABLE TO COMPEL THE ENFORCEMENT OF THE RULES OF REGULATORY AUTHORITIES OR MARKETS IN NON-UNITED STATES JURISDICTIONS WHERE YOUR TRANSACTIONS MAY BE EFFECTED. BEFORE YOU TRADE YOU SHOULD INQUIRE ABOUT ANY RULES RELEVANT TO YOUR PARTICULAR CONTEMPLATED TRANSACTIONS AND ASK THE FIRM WITH WHICH YOU INTEND TO TRADE FOR DETAILS ABOUT THE TYPES OF REDRESS AVAILABLE IN BOTH YOUR LOCAL AND OTHER RELEVANT JURISDICTIONS.
Certain subsidiaries of The Bank of New York Mellon Corporation are licensed under the following, and related Ronald A. Katz Technology Licensing, L.P. United States Patents: 5,561,707; 5,828,734; 5,684,863; 5,815,551; 5,974,120; 5,917,893; 5,898,762; and others. Certain subsidiaries of The Bank of New York Mellon Corporation are licensed by DataTreasury Corporation under United States Patent Nos. 5,910,988, 6,032,137, 5,265,007, and 5,717,868.
© 2007-2009 The Bank of New York Mellon Corporation. All rights reserved.