Welcome to the Lazard Capital Markets ("LCM") Research Department's Internet Site (the "Site"). It is owned and operated by LCM. In consideration of permitting you to access and use this Site and the material it contains, including LCM research reports, you (which for purposes of this agreement, includes you personally and the company or other organization on whose behalf we grant you access to the Site) agree to be legally bound and abide by the terms and conditions of the non-exclusive license of use as set forth below and elsewhere on this Site (the “Agreement”). Your acknowledgment of the statements contained in, and acceptance of the terms of, this Agreement is indicated by your clicking on the appropriate buttons set forth below.
ACCESS OBLIGATIONS AND RESPONSIBILITY
This Site is password protected. LCM will assign a user name and password to you granting you access to the Site. You agree to keep your user name and password strictly confidential. If you believe the confidentiality of your user name and password has been or may be compromised in any way, you agree to promptly notify LCM. LCM reserves the right to cancel your access rights immediately without notice.
USE OF THE SITE
This Site is not intended for any use which would be contrary to local law or regulation. No portion of this Site is directed at you if LCM is prohibited by any law of any jurisdiction from making the information on this Site available to you. No portion of this Site constitutes an offer or an invitation to make an offer to sell securities or to provide investment services of any description. The Site should not be so construed, nor should the Site or any part of it form the basis of, or be relied on in connection with, any contract or commitment whatsoever.
REGULATORY
LCM advertises and offers its services and products only in jurisdictions where it is allowed to do so. Not all securities, products or services described on this Site are available everywhere or to everyone. The material on this Site may not be distributed in any jurisdictions where its distribution may be restricted by law and persons who access or use this Site should inform themselves about, and observe, any such restrictions. Inappropriate distribution of the material on this Site may constitute a violation of UK or US securities laws, or the laws of other jurisdictions. See the following paragraphs for more details.
United States Regulatory Information: This Site and the material it contains has been approved by, and is being distributed in the US or to US persons, by LCM, a registered broker-dealer with the U.S. Securities and Exchange Commission ("SEC") and a member of the following self-regulatory organizations: New York, American, Boston and Chicago Stock Exchanges and the National Association of Securities Dealers, as well as a member of the Securities Investor Protection Corporation.
INFORMATION NOTICE
LCM may act as manager, co. manager or selling group member in a syndicate on behlf of companies mentioned on the Site and, therefore, may have a conflict of interest that could affect the objectivity of the information on this Site (including the research reports it contains). Please see each research report or the disclosures section for important disclosures and for links to our ratings and price target histories.
All the information on this Site (including the research reports it contains) has been obtained from sources that the LCM believes to be reliable and accurate. However, it has not been independently verified and no representation or warranty, express or implied, is made as to the accuracy or completeness of any information obtained from third parties. The information or opinions are provided as of the date of first publication of the material on this Site or elsewhere. The information on this Site may have been published elsewhere, and published or distributed earlier than their publication on this Site. The information, opinions and recommendations on this Site represent the respective authors’ analysis as of the date of first publication and are subject to change without notice. LCM has no obligation to update the information on this Site after the date of first publication on the Site or elsewhere, and in certain circumstances (due to legal restrictions or otherwise) may not be able to revise or update the information on this Site to account for current or future developments.
All the information and opinions on this Site take no account of your individual circumstances and should not be taken as specific advice on the merits of any investment decision, nor construed as legal, tax or other advice. You should consider the information and opinions on this Site as only a single factor in making any investment decisions and should contact your own legal, tax or other advisors. Further information is available upon request. LCM does not accept any liability whatsoever for any direct or consequential loss howsoever arising, directly or indirectly, from any use of the information and opinions on this Site.
DISCLOSURE OF SEC-REQUIRED ORDER EXECUTION INFORMATION.
SEC Rules 11Ac1-5 (Disclosure of order execution information) and 11Ac1-6 (Disclosure of order routing information) require LCM to prepare statistical reports on LCM's order executions and routing. This information about LCM is publicly available through a third-party vendor, Market Systems, Inc. at this website www.marketsystems.com. Additional information regarding these SEC Rules may be found at SEC's and NASD's websites ( www.sec.gov or www.nasd.com).
DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY
The Site is provided without warranties of any kind, either expressed or implied, including but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. LCM provides the Site only for your convenience. Neither LCM, nor it's managing directors, partners, employees or other representatives, warrant that the Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Site. Neither LCM nor any other party involved in creating, producing, or distributing the Site shall be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from force majeure, communications failure, theft, destruction, or unauthorized access to LCM's records, programs, or services. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability is limited by the fullest extent permitted by law.
INDEMNITY
You agree to indemnify and keep indemnified LCM, and each of it's managing directors, partners, officers, employees and agents from and against any and all claims, losses, liabilities, costs and expenses which it or they may suffer or incur arising under, out of or in connection with any breach by you of the terms of this Agreement.
TRADEMARKS
LAZARD and all designations which comprise, include, or incorporate the term LAZARD in any format (including service marks) are owned throughout the world by Lazard or other Lazard entities in their respective territories, which may include: Lazard Frères & Co. LLC; Lazard Frères S.A.S.; Lazard & Co., Holdings Limited; and Lazard Strategic Coordination Company LLC. All rights reserved. Trademarks, (including service marks), company names and logos appearing on this Site that are not the property of said Lazard companies are the property of their respective owners.
PROPRIETARY RIGHTS
You acknowledge that this Site is the copyrighted property of LCM, and you further acknowledge that it may contain research or other reports, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, design rights, trademarks, (including service marks), trade secrets, and/or other proprietary rights of LCM, other Lazard entities and/or their respective licensors, and that these rights are valid and protected in all forms, media, modes of distribution, and technologies existing now or hereinafter developed. All Content is copyrighted individually or as a collective work under applicable copyright laws and treaties, and LCM, other Lazard entities and/or their respective licensors, own all copyrights in the selection, coordination, arrangement, and enhancement of such Content and in databases pursuant to applicable laws and treaties. Subject to specific restrictions that may govern specific portions of the Site, LCM grants to you the right to download and copy selected portions of the Site (but not the entire Site) for your legitimate and legal internal business purposes, provided that you maintain all of the LCM notices, such as all legal notices and disclaimers, disclosures, copyright notices, trademark legends, and other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under applicable copyright laws or treaties, if any, you may not upload, post, reproduce, distribute or otherwise use in any way Content protected by copyright, or other proprietary right, without obtaining our written permission. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, except as expressly permitted above.
USE OF HYPERLINKS
Should you leave this Site via a hyperlink the Site contains, to gain access to an internet location or source of information of any company, organization or person other than LCM and view content that is not provided by LCM, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by LCM. Such hyperlinks are provided merely as a convenience to you, and is not in any way an endorsement of their content. LCM is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in any such internet location, whether of whether such damages are actual, alleged, consequential or punitive. LCM makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content.
PRIVACY POLICY
LCM recognizes and appreciates the importance of respecting the privacy of our clients. Our clients’ trust is our most important asset, and we are committed to safeguarding against the unauthorized use of, and access to, client information. Our current Privacy Policy with respect to non-public personal information of our current and former clients is set forth below. This supplements the statements made in our terms of business letter regarding our use of client information.
In order adequately to service our clients, LCM may collect certain non-public personal information about its clients from various sources. In the context of the LCM Research Internet Site, we may collect your name, the name of the financial institution you work for, your e-mail address, and your telephone number. We may collect or ask you to provide this type of information when you send us a personal email, register to receive a LCM service including access to the Site, or otherwise provide information to us whilst using the Site. You do not have to provide this information to us. However, if you choose not to supply this information, we may not be able to offer you our services, including allowing you access to our website. We may use cookies to store and track information about you and your visit to our website. This information is collected automatically and may include demographic data and browsing patterns. An explanation of a cookie may be found at the end of this Privacy Policy.
We may monitor your access to and your use of the LCM Research Internet Site. We limit the collection of information to the minimum amount required to deliver useful products and superior service to our clients, to comply with legal requirements and to support our business needs.
In addition to this website, we may also collect personal non-public information about you from the following sources:
- Information we receive from you on applications, questionnaires, subscription agreements or other forms, including, but not limited to, your name, address, social security number, age, employment information, assets owned and income.
- Information about your transactions with one or more Lazard entities or others, such as your account balance and holdings, payment history and transaction information.
- Information we may receive from our due diligence, such as your creditworthiness and your credit history.
- Information obtained from our communications and correspondence with you.
LCM does not disclose any non-public personal information about its clients or former clients to any non-Lazard third party, except as required by law, regulation or the requirements of its insurers, or to sub-contractors of LCM and/or other Lazard entities who are involved in providing this web site service and who need access to such data. LCM may, however, disclose such non-public personal information to a Lazard entity anywhere in the world in order to provide this web site service to you. Your information may be stored on a computer located outside of the European Economic Area (EEA). Some countries outside the EEA may not have data protection laws that give individuals the same level of protection as those within the EEA. (Details of relevant organizations and countries are available on request.)
In order to maintain the confidentiality of such information, we restrict access to non-public information about our clients to those employees who need to know that information. We maintain physical, electronic and procedural safeguards, in accordance with strict standards, in order to guard the non-public personal information of our clients and former clients. By agreeing to comply with the terms and conditions of this agreement, or by using or accessing this Site you agree that your personal data (including any personal data collected by our monitoring activities) may be utilized by LCM or any Lazard entity anywhere in the world, and may be held and processed by any such Lazard entity, both electronically and manually, for the purposes of a) providing you with this web site service, b) improving this web site service (including system administration and improvement), c) enabling us and other Lazard entities to comply with applicable laws and regulations, and d) to the extent necessary, to assist in any Lazard entity’s administration and/or management of its business.
LCM reserves the right to cooperate fully with local, state or provincial, national, and international officials in any investigation relating to this Site (including personal or private electronic communication transmitted on the Site) or purported unlawful activities of anyone who accesses the Site.
You have the right to receive a copy of all the non-public information about them held by us or other Lazard entities, and the right to correct any errors in that information and to request that it be updated. Please e-mail any questions, concerns or comments you may have about this privacy policy or our use of your personal information to your Lazard representative.
The policies and practices described herein are current policies, and are subject to change in the future.
A cookie is a small piece of information sent by a web server to a web browser. It enables our server to collect information from your browser. Cookies are commonly used on websites. By configuring your preferences and options in your browser, you may determine if and how a cookie will be accepted. If you choose not to accept a cookie, you may not be able to take full advantage of our website or of our services.
AMENDMENTS
LCM may modify the terms of this Agreement at any time upon written notice (including e-mail) or posting on the Site. You agree that if you use or access the Site after such notice of a change to the Agreement, you will be bound by all such changes. At the time of such change, you will have an opportunity to reject the changes, which rejection shall be deemed a termination of this Agreement and of your right to use or access this Site.
TERMINATION OF USAGE
LCM may terminate or suspend your use or access to all or part of the Site, without notice, for any conduct that LCM, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another person or LCM, a Lazard entity, managing directors, partners, employees or other representatives.
ENFORCEMENT OF RIGHTS
LCM’s failure to insist at any time upon strict compliance with any term of this Agreement, or any failure or delay by LCM to exercise any power or right given to LCM under this Agreement, or a continued course of such conduct on LCM’s part, shall at no time be deemed a waiver of any power or right, nor shall any single or partial exercise preclude any other future exercise. All rights and remedies given to LCM in this Agreement are cumulative and not exclusive of any other rights or remedies LCM has at law or in equity.
LOCATION, INTERPRETATION AND GOVERNING LAW
You agree that your access to and use of this Site shall be deemed to be entirely at LCM’s offices in New York City, under and subject to applicable New York State and United States Federal law, to the same extent as if you had physically come to LCM’s New York offices and, without assistance or solicitation, obtained the information on this Site.
Should any term or provision of this Agreement be deemed or held to be invalid or unenforceable, the remaining terms and provisions of this Agreement shall continue in full force and effect.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to principles of conflicts of law.