These Terms of Use were last updated on 21st Jan 2020.
These Terms of Use ("Terms of Use") apply to CREBACO GLOBAL INC. and its affiliates, which you have a
contract with or which provide services to you, (collectively or individually, as applicable, referred to as
"CREBACO GLOBAL INC.", "Company" "we",
"our", "us").
By accessing and using any of CREBACO GLOBAL INC. Global's websites including any connected mobile
application or version thereof (each a "Site"), you agree to be legally bound by these Terms of Use, privacy
policies, legal disclaimers and other code of conduct of the company.
These Terms of Use contain terms, conditions, covenants and provisions upon which you may access and use a
Site and all content, including, without limitation, text, ratings, opinions, photographs, video, audio,
graphics, tools, analytics, functionality, products and information (collectively, the "Content") displayed
and/or otherwise contained on a Site. If at any time you do not agree with the Terms of Use, you will stop
accessing and/or using the Site(s) and the Content. Each Site and the Content contained therein is the
exclusive property of CREBACO GLOBAL INC. Global or its suppliers.
Notwithstanding anything in the Terms of Use to the contrary, your rights to use certain material available
on or through each Site may be subject to separate written license agreements with CREBACO GLOBAL INC.
Global ("Other Agreements"). In the event you have another Agreement to access all or any portion of a Site,
including any separately entitled sections of a Site, then the Other Agreement, rather than these Terms of
Use, will govern your use of such Site. In the event of a conflict between your Other Agreement and these
Terms of Use, the terms and conditions in the Other Agreement shall prevail.
Any attempt by you to modify these Terms of Use is expressly rejected by CREBACO GLOBAL INC. and shall have
no force or effect regarding your use of a Site. CREBACO GLOBAL INC. may change these Terms of Use at any
time without notice. Changes will be posted on each Site under "Terms of Use". Your access and use of a Site
after any changes have been posted will constitute your agreement to the modified Terms of Use and any
changes. Therefore, you should read these Terms of Use from time to time to be aware of any such changes.
USE OF THE SITE(S), ACCESSING REPORTS AND CONTENT
CREBACO GLOBAL INC. grants you a personal, revocable, non-exclusive, non-transferable, limited license to
access and use the Site(s) and the Content conditioned upon your compliance with these Terms of Use. The
Site(s) and the Content contained therein may be used solely for viewing, ad hoc non-commercial use.
You may not license, sublicense, transfer, sell, resell, publish, reproduce and/or otherwise redistribute a
Site, including the Content or any component thereof in any manner (including, but not limited to, via or as
part of any Internet site). You may not a) use the Content or any portion of the Site as part of any
intranet or other internal network; b) create archival or derivative works based on the Content or any
portion thereof; or c) modify, reverse-engineer, disassemble, decompile or store any Content or any portion
of the Site. You may not use a Site or any Content contained therein, in whole or in part in any manner that
either competes or is intended to compete with CREBACO GLOBAL INC. or its affiliates, including without
limitation, any distribution of any Content or a derivative work based thereon. You may not use a Site for
any illegal purpose or in any manner inconsistent with these Terms of Use. CREBACO GLOBAL INC. Global may
discontinue or change a Site and any Content contained therein, or their availability to you, at any time
without notice. CREBACO GLOBAL INC. Global is not under any obligation to update any Content following
publication on a Site. The terms of these Terms of Use will survive any such discontinuation.
Non-Historical Ratings made available on standardandpoors.com
All ratings on the Site, excluding only the Ratings History, are referred to as "Non-Historical Ratings",
regardless of their currency or date of issuance.
Except as expressly set forth below, you agree not to copy, reproduce, modify, create derivative works from,
or store any Non-Historical Ratings, in whole or in part, from the Site or to display, perform, publish,
distribute, transmit, broadcast or circulate any Non-Historical Ratings to anyone, or use any Non-Historical
Ratings for any commercial purpose, without the express prior written consent of CREBACO GLOBAL INC.
Ratings. You may, (a) on an ad hoc basis, use individual Non-Historical Ratings in the ordinary course of
securities disclosure activities and the drafting of transaction documents internally within your
organization or publish, on a non-commercial basis, selected individual Non-Historical Ratings, and (b) only
insofar as you are directly compelled by applicable law or regulation: (1) include credit ratings within a
report required by that law or regulation and (2) deliver such report only to such regulator, or authority
or government agency as is identified by that law or regulation and solely insofar as to meet your own
obligations under that law or regulation and not for the benefit of another party.
Notwithstanding the foregoing:
-
Non-Historical Ratings may not be compiled into a database;
-
Non-Historical Ratings may not be used or disseminated in a manner that would serve as a substitute for
any CREBACO GLOBAL INC. product or service for which a fee is charged; and
-
Non-Historical Ratings may not be systematically distributed or shared.
Narrative Content made available on our websites, social media and blogs
You may also, on an occasional, ad hoc basis, reproduce, distribute, display or transmit an insubstantial
portion of other narrative (non-ratings) content ("Narrative Content"), for a non-commercial purpose and
without charge, to a limited number of individuals, provided you include all copyright and other proprietary
rights notices and the CREBACO GLOBAL INC. disclaimer with such portion of the Narrative Content in the same
form in which the notices and disclaimer appear on the Site, the original source attribution, and the phrase
"Used with permission from / a Site of CREBACO GLOBAL INC.".
However, you may not post Narrative Content from the Site to forums, newsgroups, list serves, mailing lists,
electronic bulletin boards, or other Sites, without the prior written consent of CREBACO GLOBAL INC. To
request consent for uses such as linking to Narrative Content or posting Narrative Content on your Web site,
please contact CREBACO GLOBAL INC. at info@crebaco.org.
Other Content made available on social media, blogs and website(s)
Material that appears on the Site that is entered by you or other Users, or that is otherwise made
accessible by other than CREBACO GLOBAL INC., is referred to as "Other Content"). You may use Other Content
in accordance with the terms set forth above relating to use of Narrative Content. CREBACO GLOBAL INC.' use
of Other Content that you submit is governed by terms mentioned in this document.
INTELLECTUAL PROPERTY RIGHTS AND UNLAWFUL USE
All proprietary rights (including, but not limited to, copyrights, trade secrets, database rights, trademark
rights, rights to trade names, service marks and other product and service names and logos) contained within
a Site and any and all Content, including, but not limited to, all information, data, ratings and ratings
symbology, software, products and documentation contained or included therein, are and shall remain the sole
and exclusive property of CREBACO GLOBAL INC. and its suppliers. Each Site and any and all Content contained
herein is protected by copyright in addition to other intellectual property laws. Any of the trademarks,
service marks or logos (collectively, the "Marks") displayed on a Site may be registered or unregistered
marks of CREBACO GLOBAL INC. or others. Nothing contained on a Site shall be construed as granting any
license or right to use any of the Marks displayed on the Site absent the express written permission of
CREBACO GLOBAL INC. or a third-party owner of such Marks. You agree to honor all reasonable requests by
CREBACO GLOBAL INC. or its suppliers to protect and preserve their respective proprietary interests in each
Site and any and all Content contained therein. Each Site and the Content are compiled, prepared, revised,
selected and arranged by CREBACO GLOBAL INC. and its suppliers through the application of methods and
standards of judgment developed and applied through the expenditure of substantial time, effort and money,
and each Site and any and all Content constitute valuable intellectual property of CREBACO GLOBAL INC. and
its suppliers. Copying of, use of, access to or distribution of a Site or any Content contained therein in
breach of these Terms of Use may cause CREBACO GLOBAL INC. and/or its suppliers’ irreparable injury that
cannot be adequately compensated for by means of monetary damages. Any breach hereof by you may be enforced
by CREBACO GLOBAL INC. or its suppliers by means of equitable relief (including, but not limited to,
injunctive relief) in addition to any other available rights and remedies. Any actual or attempted illegal
or unauthorized uses of a Site, the Marks or any Content are strictly prohibited and may result in criminal
and/or civil prosecution.
Export Restrictions. CREBACO GLOBAL INC. does not in any manner warrant or represent that the
materials on a Site, including any Content contained therein, are appropriate or available for use in any
particular location. If you choose to access a Site including any Content therein, you do so on your own
initiative and you are responsible for compliance with all applicable laws.
NOTE: For your protection, CREBACO GLOBAL INC. reserves the right to view, monitor, and
record activity on the Site in accordance with CREBACO GLOBAL INC. Privacy Policy and Cookie Notice, to the
fullest extent permitted by applicable law. CREBACO GLOBAL INC. hereby reserves the right to discontinue
access to a Site either with or without notice if CREBACO GLOBAL INC. has a reasonable basis to believe that
a User is accessing or using any Content in violation of these Terms of Use, in addition to any other
available rights and remedies.
ANTI-HACKING PROVISIONS
You expressly agree not to:
- use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data-mining," "computer
code" or any other automated device, program, tool, algorithm, process, or methodology or manual process
having similar processes or functionality, to access, acquire, copy, or monitor any portion of a Site, any
Content found on or accessed through a Site, or any User Content without the prior express written consent
of CREBACO GLOBAL INC.
- obtain or attempt to obtain through any means any Content on a Site that has not been intentionally made
publicly available, either by their public display on a Site or through their accessibility by a visible
link on a Site;
- violate any measure employed to limit or prevent access to a Site or the Content;
- violate the security of a Site or attempt to gain unauthorized access to a Site, the Content, or data,
materials, information, computer systems or networks connected to any CREBACO GLOBAL INC. server(s),
through hacking, password mining or any other means;
- interfere or attempt to interfere with the proper working of a Site or any activities conducted on or
through a Site, including accessing any Content prior to the time that it is intended to be available to
the public on a Site;
- take or attempt any action that, in the sole discretion of CREBACO GLOBAL INC. Global, imposes or may
impose an unreasonable or disproportionately large load or burden on a Site or the CREBACO GLOBAL INC.
Global infrastructure;
- misuse a Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is
malicious or technologically harmful.
DISCLAIMER AND LIMITATIONS OF LIABILITY
CREBACO GLOBAL INC. not exclude or limit in any way our liability to you where it would be unlawful to do
so. This includes liability for death or personal injury caused by our negligence or the negligence of our
employees, agents or subcontractors and for fraud or fraudulent misrepresentation. TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, CREBACO GLOBAL INC., AND ITS SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND
REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR USE AS TO A SITE OR ANY CONTENT, INCLUDING INFORMATION, DATA, SOFTWARE OR PRODUCTS CONTAINED
THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF. A reference to a particular
investment or security, a credit rating or any observation concerning an investment or security provided on
a Site is not a recommendation to buy, sell or hold such investment or security or make any other investment
decisions and does not address the suitability of any investment or security. Content should not be relied
on and is not a substitute for the skill, judgment and your experience or the experience of your advisors
and/or clients in making investment and other business decisions. CREBACO GLOBAL INC. does not act nor shall
be deemed to be acting as a fiduciary in providing a Site or any Content.
NEITHER CREBACO GLOBAL INC. NOR ANY OF ITS SUPPLIERS GUARANTEE THE ADEQUACY, ACCURACY, TIMELINESS OR
COMPLETENESS OF A SITE, ANY CONTENT OR ANY COMPONENT THEREOF OR ANY COMMUNICATIONS, INCLUDING BUT NOT
LIMITED TO ORAL OR WRITTEN COMMUNICATIONS (INCLUDING ELECTRONIC COMMUNICATIONS) OR OUTPUT WITH RESPECT
THERETO OR THAT A SITE OR ANY CONTENT WILL BE FREE OF VIRUSES, WORMS OR “TROJAN HORSES”. NEITHER CREBACO
GLOBAL INC. NOR ANY OF ITS SUPPLIERS SHALL BE SUBJECT TO ANY DAMAGES OR LIABILITY FOR ANY ERRORS, OMISSIONS
OR DELAYS IN A SITE, INCLUDING CONTENT. EACH SITE, CONTENT CONTAINED THEREIN AND ANY AND ALL COMPONENTS
THEREOF, IS PROVIDED ON AN "AS-IS" BASIS AND YOUR USE OF A SITE AND ANY CONTENT IS AT YOUR OWN RISK.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, IN NO EVENT WHATSOEVER SHALL CREBACO GLOBAL
INC. GLOBAL OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, TRADING LOSSES OR LOST TIME OR GOOD
WILL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE. NEITHER CREBACO GLOBAL INC. NOR ANY OF ITS SUPPLIERS SHALL BE LIABLE FOR ANY CLAIMS
AGAINST YOU BY THIRD PARTIES.
IN THE EVENT THAT LIABILITY IS NEVERTHELESS IMPOSED ON CREBACO GLOBAL INC. OR ITS SUPPLIERS, IN NO EVENT
SHALL THE MAXIMUM CUMULATIVE LIABILITY OF CREBACO GLOBAL INC. AND ITS SUPPLIERS IN CONNECTION WITH A SITE,
ANY CONTENT AND/OR THESE TERMS OF USE, REGARDLESS OF THE FORM(S) OF ACTION, WHETHER IN CONTRACT, TORT,
STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS (US$100). NO ACTION, REGARDLESS OF FORM, ARISING
FROM OR PERTAINING TO YOUR USE OF A SITE OR THE CONTENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER
SUCH ACTION HAS ACCRUED.
CREBACO GLOBAL INC. RATINGS’ CREDIT RATINGS AND PUBLICATIONS ARE NOT INTENDED FOR USE BY RETAIL INVESTORS
AND IT WOULD BE RECKLESS FOR RETAIL INVESTORS TO CONSIDER CREBACO GLOBAL INC. RATINGS OR PUBLICATIONS IN
MAKING ANY INVESTMENT DECISION. IF IN DOUBT YOU SHOULD CONTACT YOUR FINANCIAL OR OTHER PROFESSIONAL ADVISER.
The ratings and credit related analyses of CREBACO GLOBAL INC. Global Ratings and its affiliates and the
observations contained in reports and articles published on this Site are statements of opinion as of the
date they are expressed and not statements of fact or recommendations to purchase, hold, or sell any
securities or make any investment decisions. CREBACO GLOBAL INC. assumes no obligation to update any
information following publication. Users of the information provided through this Site should not rely on
any of it in making any investment decision. CREBACO GLOBAL INC.’ opinions and analyses do not address the
suitability of any security. CREBACO GLOBAL INC. does not act as a fiduciary or an investment advisor. While
CREBACO GLOBAL INC. has obtained information from sources it believes to be reliable, CREBACO GLOBAL INC.
Global Ratings does not perform an audit and undertakes no duty of due diligence or independent verification
of any information it receives. CREBACO GLOBAL INC. keeps certain activities of its business units separate
from each other in order to preserve the independence and objectivity of each of these activities. As a
result, certain business units of CREBACO GLOBAL INC. may have information that is not available to other
CREBACO GLOBAL INC. business units. CREBACO GLOBAL INC. has established policies and procedures to maintain
the confidentiality of certain non-public information received in connection with each analytical process.
The CREBACO GLOBAL INC. businesses may receive compensation for assigning credit ratings or engaging in
other analytical activities normally from issuers of the securities or third parties participating in
marketing the securities. CREBACO GLOBAL INC. reserves the right to disseminate its opinions and analyses.
CREBACO GLOBAL INC.’ public ratings and analyses are made available on its Sites.
You are entirely liable for activities conducted by you or anyone else in connection with your browsing and
access to and use of a Site. If you are dissatisfied with a Site or with these Terms of Use, your sole and
exclusive remedy is to stop using such Site.
LINKS TO OTHER WEB SITES FROM THIS SITE
You may, through hypertext or other computer links, gain access to web sites operated by persons other than
CREBACO GLOBAL INC. Such hyperlinks are provided for your reference and convenience only and are the
exclusive responsibility of the owners of each such web site. You agree that CREBACO GLOBAL INC. is not
responsible for the content or operation of such web sites, and that CREBACO GLOBAL INC. shall have no
liability to you or any other person or entity for the use of third-party web sites. Except as described
below, a hyperlink from a Site to another web site does not imply or mean that CREBACO GLOBAL INC. endorses
the content on such web site or the operator or operations of such web site. You are solely responsible for
determining the extent to which you may use any content at any other web sites to which you link from a
Site.
As you browse through a Site you may access other web sites that are subject to different terms of use.
When you use those other web sites, you may be legally bound by the specific terms of use posted on such web
sites. If there is a conflict between these Terms of Use and other terms of use of such web sites, the terms
of use of such web sites will govern with respect to your use of such web sites.
USER CONTENT
The User grants to CREBACO GLOBAL INC. a perpetual, nonexclusive, irrevocable, fully paid, royalty-free,
sublicensable and transferable (in whole or in part) worldwide right and license in any and all media, now
known or later developed, to use, publish, reproduce, display, modify, transmit digitally, create derivative
works based upon and otherwise exploit all material posted to or received through a Site by, from or on
behalf of the User or anyone else using the User’s account (other than third party material transmitted
through private electronic mail) (“User Content”) (including, without limitation, any names, voices,
likenesses, performances and actions contained therein) for any purpose whatsoever (including, without
limitation, advertising, commercial, promotional and publicity purposes) in CREBACO GLOBAL INC.’s discretion
without notice, approval, attribution or consideration to you or to any other person or entity. You
represent and warrant that you have all rights necessary to grant the foregoing license, that neither the
permission nor consent of any other person or entity is required to enable CREBACO GLOBAL INC. to legally
use the User Content in accordance with this license; that all User Content provided to a Site by you or
anyone else using your account complies with all applicable laws, rules and regulations; and that CREBACO
GLOBAL INC. use of the User Content in accordance with this license will not violate or infringe upon the
rights of any person or entity.
Users entering material into a Site are responsible for the content of that material. CREBACO GLOBAL INC.
does not have any responsibility for User Content, including the content of any messages or information
posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks
from a Site. However, CREBACO GLOBAL INC. retains the right, to review, edit or delete User Content that
CREBACO GLOBAL INC. deems to be illegal, offensive or otherwise inappropriate.
You may not input or distribute any material through the Site that is promotional in nature, including
solicitations for funds or business, without the prior written authorization of CREBACO GLOBAL INC.
PRIVACY POLICY AND COOKIE NOTICE
Please see the CREBACO GLOBAL INC. Privacy Policy and Cookie Notice for information on CREBACO GLOBAL INC.
data collection and use practices with respect to a Site.
As part of access to portions of a Site, you may be required to provide certain information, such as, your
name and email address. In addition, you may be required to select a username and password. You represent
and warrant that any information you provide to CREBACO GLOBAL INC. in connection with a Site shall be
accurate and complete. You further agree to keep any passwords/user IDs in connection with a Site in strict
confidence and promptly advise CREBACO GLOBAL INC. of any actual or threatened unauthorized disclosure or
misuse of a Site or any passwords/user IDs with respect to a Site that come to your attention. You shall
cooperate with CREBACO GLOBAL INC. in enforcing the restrictions and limitations set forth herein.
COUNTRY CONDITIONS
The terms and conditions set forth in this section (the “Country Conditions”) are the result of various
regulatory and/or legal requirements relating to usage of a Site including its Content. Your use of a Site
in the specified jurisdictions is subject to the Country Conditions.
In the event your use of the
Ratings is in any country, you further acknowledge and agree to the following: the Ratings shall not in any
circumstances be used by you where, as part of an effort to sell securities to Retail Investors (as defined
below), you use the Ratings: (a) to create a type of recommendation, (b) to create your own interpretation
of the Ratings or (c) in some other form of “risk classification”. For the purposes of this Terms of Use,
“Retail Investor” shall mean an individual investor who buys and sells securities or other financial
products for his/her personal account, and not for another company, individual or organization.
ADDITIONAL LEGAL TERMS
These Terms of Use constitute the entire agreement between the parties relating to each Site and supersedes
any and all other agreements, oral or in writing, with respect to such Site. The failure of CREBACO GLOBAL
INC. to insist upon strict compliance with any term of these Terms of Use shall not be construed as a waiver
with regard to any subsequent failure to comply with such term or provision. To the fullest extent permitted
by law, you shall indemnify, hold harmless and defend CREBACO GLOBAL INC. and its suppliers from and against
any and all costs, claims, damages or liabilities (including reasonable attorneys’ fees and court costs)
arising out of any breach by you of Section 3 (Anti-hacking Provisions). These Terms of Use are personal to
you, and you may not assign your rights or obligations to anyone. If any term or condition hereof is found
by a court, administrative agency or jurisdiction to be invalid or unenforceable, it shall be deemed
modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is
not possible, the relevant term shall be deemed deleted and the remaining terms and conditions hereof shall
remain in full force and effect and shall be enforceable to the maximum extent permitted by law. These Terms
of Use, your rights and obligations, and all actions contemplated by these Terms of Use shall be governed by
the laws of the countries where CREBACO Global is incorporated. Any claim must be brought in the claimant’s
individual capacity, and not as a plaintiff or class member in any purported class, collective,
representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any
ability to maintain any Class Action in any forum.
