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Site Usage Statement

Internet Arrow Limited ("Arrow") -
a UK registered company, registration number 4313359, registered
office being F1 Enterprise Park, Courtaulds Way, Coventry, CV6 5NX.
Your use of this site (& any services supplied
directly by it) is subject to the terms of this Agreement ("Agreement").
It is a document setting forth the rights and obligations between
you and "Arrow" (or "us"). You are not eligible
to receive the services until you have accepted this Agreement.
Please read this Agreement carefully. We reserve the right to change
this Agreement. See Section 5 of the Agreement below for details.
In this Agreement, "you" refers to the company or legal
entity that registers to access and use the service, and any officers,
directors, partners, personnel, or employees that access or use
the site through that company or legal entity, whether or not such
use is authorized.
1. Service. This Agreement applies to all services,
programs, information and products that you use or otherwise access
from time to time provided by Arrow through this site (collectively,
the "Service"). You have been issued an User ID for logging
onto the Service. All such codes, user identification numbers and
other passwords or security items issued to you by Arrow from time
to time are referred to herein as "Access Codes" or "Codes".
You are solely responsible for the use and proper protection of
the Codes. You agree to take all reasonable precautions to protect
the security and integrity of the Codes, and to prevent their unauthorized
use. You agree to be responsible for all actions taken that utilize
your Codes, unless such actions are taken by Arrow, its contractors
and agents without your approval. If you become aware of any unauthorized
access or use of the Service with your Codes, you will immediately
notify Arrow. When you obtained an User ID from Arrow, you represented
to us that you are a legitimate employee or representative of a
client Institution that deals with Arrow. You represent and warrant
that the information you provided to us in obtaining the Code is
accurate and complete. You also agree to notify us immediately at
any time that information ceases to be accurate and complete.
2. Proprietary Rights of Arrow. You acknowledge
and agree that Arrow exclusively owns or has been licensed by third
parties to use all rights, title and interest in the Service and
the information, data, databases, images, sound recordings, audio
and visual clips and other content provided by Arrow through the
Service (individually and collectively, the "content").
Nothing contained in this Agreement conveys to you any right, title
or interest in or to the Service or any content. You shall not remove
or modify any copyright or other notice placed on content. Internal
distribution of content should be limited to those within your organization
who are aware of the obligations imposed by this Agreement. You
shall use the Service and content solely for your own internal use,
and not for the benefit of any third party. In no event shall you
display, circulate, publish, retransmit, redistribute, reproduce
or sell all or any part of content outside of your business organization
by any means or medium now or hereafter created.
3. Important Disclaimers Regarding content and
Use Restrictions.
A. Global Use. Arrow makes no representations
that content is appropriate for use in all locations, or that transactions,
products, instruments or services discussed are available or appropriate
for sale or use in all jurisdictions, or by all investors or counterparties.
B. No Offers. Under no circumstances should
any content be used or considered as an offer to sell or a solicitation
of any offer to buy the securities or any other instruments of Arrow
or any other issuer. Offers can only be made where lawful under
applicable law. If you wish to obtain further details about any
information contained through this Service, we suggest that you
contact a Arrow representative.
C. Disclosure of Interest. Arrow may make a
market or deal as principal in the securities, commodities or instruments
mentioned in materials through this Service or in options or other
derivative instruments based thereon. In addition, Arrow, its shareholders,
directors, officers and/or employees, may from time to time have
long or short positions in such securities or in options, futures
or other derivative instruments based thereon. One or more directors,
officers and/or employees of Arrow may be a director of the issuer
of the securities mentioned at this site. Arrow may have managed
or co-managed a public offering of, or acted as initial purchaser
or placement agent for a private placement of, any of the securities
of any issuer mentioned on this Service, or may from time to time
perform investment banking or other services for, or solicit investment
banking or other business from, mentioned companies.
D. Pricing. Actionable prices can be obtained
only on a real-time, expressly agreed upon basis. Any indicative
valuations in the content are provided for information only. They
are not an offer to enter into, transfer and assign or terminate
any transaction, or a commitment by Arrow to make such an offer.
An indicative valuation may differ substantially from an actionable
value. Such estimates do not necessarily reflect Arrow's internal
bookkeeping or theoretical model-based valuations. Certain factors
which may not have been assessed for purposes of these valuations,
including, for example, notional amounts, credit spreads, underlying
volatility, costs of carry or use of capital and profit, may substantially
affect a stated valuation. Indicative valuations may vary significantly
from indicative valuations available from other sources. While Arrow
has obtained the information on which these evaluations are based
from sources it believes reliable, Arrow makes no representations
or warranties with respect to any indicative valuations.
E. Hypothetical or Past Performance. Hypothetical
or simulated performance results have inherent limitations. Unlike
an actual performance record, simulated results do not represent
actual trading. Also, since the trades have not actually been executed,
the results may have under or over-compensated for the impact, if
any, of certain market factors, such as lack of liquidity. Simulated
trading programs in general are designed with the benefit of hindsight.
Past performance is not indicative of future results; no representation
is being made that any account will or is likely to achieve profits
or losses similar to those shown.
F. Linked Sites. Certain links are provided
which may lead to websites maintained by third parties over which
we have no control, including sites maintained by Arrow affiliates.
To the extent permitted, we take no responsibility for the accuracy,
content or any aspect of that material and disclaim any liability
to you for such material or for any consequence of your decision
to use the links provided or your use of such material. We also
disclaim all liability and make no representations or warranties
for any products or services sold or provided to you by any third
party, including Arrow affiliates. Your purchase of products or
services through one of those other sites is subject to agreements
and/or the terms and conditions in effect between you and the providers
of products and services at those other sites. You agree that you
shall not bring a suit or claim against Arrow arising from or based
on your purchase or use of products or services through those other
sites.
G. Delayed Market Information. You acknowledge
that some content available through the Service which appears to
be in "real time" may in fact be delayed market information.
H. No Warranty. You acknowledge that the content
provided through the Service is not intended to be a recommendation,
offer or solicitation of any particular products or services. In
addition, the content provided represents the views and opinions
solely of the author or the indicated source. Arrow does not independently
verify the accuracy or completeness of the content, nor does Arrow
endorse any particular content or views expressed therein. We take
no responsibility for the accuracy, content or any aspect of the
content and disclaim any liability to you for the content or for
any consequence of your decision to use the content. You agree that
you shall independently confirm any information presented to you
through the Service before relying on such information. Arrow and
its employees, contractors, agents and various contributors to the
Service have no duty to correct or update any inaccurate or out-of-date
content.
I. Downloaded content. It is up to you to take
precautions to ensure that information and content you download
or otherwise select for you use is free of viruses and other destructive
items.
4. Termination and Renewals. This Agreement
remains in effect until terminated by you or Arrow. You may terminate
this Agreement upon our receipt of your notice via e-mail or other
written notice to Arrow. Arrow may terminate this Agreement or any
Service, with or without cause, at any time immediately upon notice
via e-mail or other written notice to the address you provide to
us in the registration process. After the termination of this Agreement
or a Service, you are not authorized to access or use the Service
or content, and you shall cease all such access and use. If you
nonetheless access or use the Service or content in spite of termination
of the Agreement, your use of or access to the Service or content
will be subject to the version of the Agreement then in effect as
to all current authorized users.
5. Changes. Arrow may make changes to the Agreement.
When we do, we will provide notice to you thirty (30) days in advance
of the change. This notice will tell you where to go to view the
changes to the Agreement. Changes will become effective no less
than thirty days after the date we post or send the notice, unless
the notice states a different effective date. It is your responsibility
to check the Service, your mail and/or e-mail on a regular basis
to receive important and timely notices from Arrow. You always have
the right to terminate this Agreement, for any reason, at any time.
If you no longer want to comply with this Agreement, you should
terminate this Agreement. Arrow may also make changes to the Service
and content. We reserve the right to do so without prior notice
to you.
6. Compliance with Laws and Rules. You agree
that you shall comply with applicable laws, rules, regulations,
ordinances and other similar national and international requirements
of the country, state and province in which you are accessing and
using the Service and content.
7. Limitation of Liability. You acknowledge
that neither Arrow nor any of its officers, directors, employees,
agents, contractors or other suppliers makes any warranties or guarantees
with respect to the Service and content, including without limitation,
warranties regarding the accuracy or completeness of any content,
and warranties of merchantability or fitness for a particular purpose.
Arrow and such persons shall not be liable to you for any loss,
cost, damage or other injury, whether in contract, tort, negligence
or otherwise, (1) arising out of or caused in whole or in part by
your or Arrow's or any such persons' use of or reliance on the service
or its content, or (2) or in otherwise performing its obligation
under or in connection with this Agreement. Arrow does not represent,
warrant or guarantee that the Service or content will be free from
errors or will be available at all times. Under no circumstances
will Arrow or its partners, employees, agents, contractors or other
suppliers be liable to you or any third party for any punitive,
consequential, special or similar damages, even if advised of the
possibility of such damage. Because some states or jurisdictions
do not allow the exclusion or limitation of liability for certain
damages, in such states or jurisdictions, the liability of Arrow,
its partners, employees, agents, contractors or other suppliers
shall be limited in accordance with this Agreement to the extent
permitted by law. Arrow and its officers, directors, employees,
agents, contractors or other suppliers shall not be liable for any
loss, cost or damage due to causes beyond their control. You understand
that Arrow accepts no responsibility for security of information
on the Internet.
8. General. This Agreement does not confer any
rights, remedies or benefits upon any person other than you and
Arrow. This Agreement may only be amended by a written or electronic
form duly accepted and agreed to by Arrow and you, or in the manner
described in Section 5 above, and such amendment shall refer to
this Agreement. You may not assign this Agreement without the prior
written consent of Arrow. This Agreement shall be binding on and
inure to the benefit of the parties and their respective successors
and assigns. Sections 1, 2, 4, 6, 7 and 9 shall survive termination.
Should any provision of this Agreement be held to be void, invalid,
unenforceable or illegal by a proper legal authority, the validity
and enforceability of the other provisions shall not be affected.
9. For Users in the U.S. - Compliance with Laws
and Rules; Indemnity. You agree to abide by applicable export control
laws and not to transfer, by electronic transmission or otherwise,
any content subject to restrictions under such laws to a national
destination prohibited under such laws, without first obtaining,
and then complying with, any requisite government authorization.
You further agree not to upload to the Service any data or software
that cannot be exported without prior written government authorization,
including, but not limited to, certain encryption software. This
assurance and commitment shall survive termination of this Agreement.
Offices, residents and operations of your organization in Cuba,
Iran, Iraq, Libya, North Korea, Sudan, Syria and any other countries
that are the subject of general U.S. embargo restrictions are not
permitted to access and use the Service, and any such access and
use is a violation of this Agreement.
You represent and warrant to Arrow that the
information you provide to Arrow in the registration process and
in other areas of the Service is true, accurate and complete. Upon
request by Arrow, you hereby agree to defend, indemnify and hold
harmless Arrow, its officers, directors, employees, agents, contractors
or other suppliers from all liabilities, claims and expenses, including
legal fees, that arise from a breach of this agreement for which
you are responsible, or from the use of the Service or content.
Arrow reserves the right to assume the exclusive defense and control
of any matter otherwise subject to indemnification arising out of
or caused in whole or in part by your or Arrow's or any such persons'
use of or reliance on the service or its content by you.
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