INTRODUCTION
We provides certain services ("Services") through the http://www.mediumtermnotes.com website ("Website").
Access to and use of the Services and Website are subject at all times to the Membership Agreement &Terms of Service (collectively the "Terms of Service"), which are a binding contract between the company that owns mediumtermnotes.com and you.
If you agree to be bound by the Terms of Service, you should check the box indicating your agreement to the Terms of Service on the registration page for the Services. If you do not agree to be bound by the Terms of Services, you should not check the box but you will not be able to proceed with the registration process for the respective Services and become a Member. To the extent you have access to, or are using, a Service without having completed the MEDIUM TERM NOTES registration process, you are hereby notified that your continued use of a Service is subject to the same Terms of Service as outlined below.
MEDIUM TERM NOTES may change these Terms of Service at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Service that the terms have been "updated" or similar words). The changes also will appear on this Website, which you can access at any time. You signify that you agree to be bound by such changes by using a Service after changes are made to this Terms of Service.
SERVICES AND WEBSITE
Medium Term Notes ("MEDIUM TERM NOTES") provides certain services ("Services") through the http://www.mediumtermnotes.com website ("Website").
Please read this Terms of Service in full prior to reading any content on our Services or Website.
Membership Access. Membership access is solely personalized, which means that you may not assign your rights or obligations under this Terms of Service to anyone. No third party is a beneficiary of this Terms of Service. You many not share your access with a non-Member, including someone in your group, company or organization. The software installed on this Website enables MEDIUM TERM NOTES to monitor Membership compliance with these Terms of Service and you agree that MEDIUM TERM NOTES may do so.
Privacy and Your Account. Registration data and other information about you are subject to MEDIUM TERM NOTES’s Privacy Policy. Your information may be stored and processed in Delaware or any other state or country where MEDIUM TERM NOTES has facilities, and by subscribing to a Service, you consent to the transfer of information outside of your country. If your access to a Service has been provided by or through a third party (for example, your employer or an education institution where you are a student) (each, a "Third Party"), the Third Party may have provided us with information about you to enable us to provide you with access to the Service and distinguish you from other Members (such as your email address or name). If you access a Service using a password, you are solely responsible for maintaining the confidentiality of that password. If you provide someone else with access to your password to a Service, they will have the ability to view information about your account and make changes through the Website for the Service. Similarly, if you tell someone the answer to your security question for a Service, they will be able to request information about your account and make changes through MEDIUM TERM NOTES’s customer service department. You agree to notify us promptly if you change your address or email so MEDIUM TERM NOTES can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice.
Fees and Payments. You agree to pay the subscription fees and any other charges incurred in connection with your user name and password for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. MEDIUM TERM NOTES will bill all charges automatically to your credit card or send an invoice where applicable. Subscription fees will be billed at the beginning of your subscription or any renewal. Terms of payment are within MEDIUM TERM NOTES's sole discretion and may be modified, amended or supplemented at any time and shall become effective upon posting on the Website. MEDIUM TERM NOTES reserves the right to change prices at any time and is not responsible for pricing, typographical, or other errors in any offer by MEDIUM TERM NOTES and reserves the right to cancel any service or product orders resulting from such errors. If you want to use a different credit card or there is a change in credit card validity or expiration date, you can update this information on the Website under the Login section. If you believe someone has accessed a Service using your user name and password without your authorization, please contact MEDIUM TERM NOTES immediately. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.
Renewal. Your subscription will renew automatically, unless it is cancelled in accordance with the Cancellation section below. For annual subscriptions, MEDIUM TERM NOTES will notify you of the pending renewal of your subscription at least 30 days prior to the date your subscription renews, except as otherwise required by law.
Cancellation. You may cancel your subscription at any time under the following conditions. For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. MEDIUM TERM NOTES may cancel your subscription at any time by notifying you. You may cancel your subscription through the Login section on this Website, by email, or calling MEDIUM TERM NOTES directly. MEDIUM TERM NOTES does not accept cancellations by mail or through the form on the Contact page of this Website.
Cancellation Conditions:
a. Monthly Subscriptions: No Refund
b. Annual Subscriptions: The annual discount is reversed to a standard monthly fee and a pro-rated refund for the remainder of subscription period less the current month and administrative or processing fees, including the applicable wire and credit card fee, will be granted.
Grant of Rights and Representations by You. If you reply, post or submit any content or opinions on a Service, you represent to us that you have all the necessary legal rights to upload, post or submit such content and opinions and it will not violate any law or the rights of any person. You agree that upon replying, posting or submitting information on the Services, you grant MEDIUM TERM NOTES, and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, and create derivative works from your content and opinions in any and all media, in any manner, in whole or part, without any duty to compensate you. You also grant MEDIUM TERM NOTES the right to authorize the use of your content and opinion, or any portion thereof, by users and other users in accordance with the terms and conditions of this Terms of Service, including the rights to feature your content and opinions specifically on the Services and to allow other users to request access to your content and opinion.
Links with Other Sites. The Services or may provide links or references to websites or services that are maintained or provided by third parties. MEDIUM TERM NOTES is not responsible for and does not assume responsibility for any content or practice of any such site or service. Your use of any such site or service is entirely at your own risk. MEDIUM TERM NOTES provides such links and/or references solely as a convenience to you and not as an endorsement or approval of any content, practice, owner, or sponsor. The company makes no warranties of any kind in relation to such sites and/or services.
DISCLAIMERS OF WARRANTIES. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND WEBSITE (AS WELL AS ANY THIRD-PARTY SERVICES, PRODUCTS, AND INFORMATION DELIVERED TO YOU IN CONNECTION) IS AT YOUR SOLE RISK AND ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
MEDIUM TERM NOTES DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AND WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING OR THAT MEDIUM TERM NOTES WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AND WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. THE SERVICES AND WEBSITE, AND THE CONTENT MAY CONTAIN ERRORS, INCLUDING TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS.
LIMITATIONS OF LIABILITIES. MEDIUM TERM NOTES AND ITS OWNERS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS ("THE MEDIUM TERM NOTES PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES AND WEBSITE, AND CONTENT FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, WARRANTY OR OTHER THEORY OF LIABILITY, EVEN IF MEDIUM TERM NOTES OR ANY OF THE MEDIUM TERM NOTES PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN MEDIUM TERM NOTES AND THE MEDIUM TERM NOTES PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IN RELATION TO ANY DISPUTE WITH MEDIUM TERM NOTES OR THE MEDIUM TERM NOTES PARTIES IS TO STOP USING THE SERVICES AND WEBSITE, AND TO CANCEL YOUR SUBSCRIPTION. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL MEDIUM TERM NOTES OR THE MEDIUM TERM NOTES PARTIES BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING ANY CONDUCT, COMMUNICATION OR CONTENT ASSOCIATED WITH THE SERVICES AND WEBSITE OR THE CONTENT.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF CERTAIN CATEGORIES OF LIABILITY, THE FOREGOING LIMITATIONS SHALL APPLY TO YOU ONLY TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH OR IN CONNECTION WITH THE WEBSITE OR THE SERVICES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
INDEMNIFICATION. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MEDIUM TERM NOTES AND THE MEDIUM TERM NOTES PARTIES FROM AND AGAINST ALL CLAIMS (INCLUDING investigations and allegations that are not yet presented as litigation) and liabilities, losses and expenses, including attorneys' fees and costs, arising in connection with any breach of these Terms of Service. If you fail to provide a defense satisfactory to MEDIUM TERM NOTES, MEDIUM TERM NOTES may assume the defense and invoice you for the cost thereof, which invoice(s) you shall pay immediately upon presentation.
GENERAL
Disclosure. MEDIUM TERM NOTES reserves the right to disclose any information about you, including registration data, in order to comply with any applicable laws and/or requests under legal process, to operate our Website properly, to protect our property or rights, and to safeguard the interests of others.
Governing Law. You agree that this Terms of Service, as well as any and all claims arising from this Terms of Service will be governed by and construed in accordance with the laws of the country of Delaware, without regard to any conflict or choice of law principles. By agreeing to these Terms of Service or by accessing or using the Website and/or any of the Services, you submit to the personal and sole jurisdiction of the courts of country of Delaware, for any litigation. You further agree that such courts shall have exclusive jurisdiction over any claim or litigation brought by you under or in connection with these Terms of Service, the Website, or any of the Services. This Terms of Service will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Final and Entire Agreement. This Terms of Service contains the final and entire agreement between Broker Dealer LLC, a Delaware Limited Liability Company, and you regarding your use of the Services and Website and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services or Website or their availability to you, at any time. If any provision in these Terms of Service is held to be invalid or unenforceable, then the remaining provisions shall continue in full force and effect.