Terms and Conditions

This website (www.evaluate.com), ("the Site") is operated by Evaluate Ltd, a company registered in England and Wales, company registration number 5876322, whose registered office is located at 3 More London Riverside, London SE1 2AQ, UK ("the Company”).

Your use of the Site is subject to the terms and conditions (“Terms”) set out below. If you do not agree to these Terms, you must cease use of the Site immediately. We recommend that you print, store or save a copy of these Terms for your records. They are a legal agreement between the Company and you and can only be modified with our written consent.

We reserve the right to change the Terms at our discretion by changing them on the Site and you are advised to review the Terms regularly to ensure that you are aware of any changes. Your continued use of the Site after such changes are posted will be deemed agreement on your part to these Terms, as amended.

  1. Definitions

    Within this document and other legal notices within the Site, the terms “we, “us” or “our” refer to the Company. The terms “you” or “your” refer to users of the Site.

  2. Levels of Access

    The Site permits you two levels of access according to your registration and subscription status as follows: (1) As a Guest user, you have access to limited free content within the Site without a requirement to register your details; (2) As a Subscriber, you have access to the Site’s privileged content under a valid license agreement, entered into between you or your employer or one of its affiliates and the Company ("the Subscription Agreement"). The terms of that Subscription Agreement may provide for different or additional rights and obligations in lieu of or in addition to certain of the terms and conditions of these Terms. You therefore may wish to read the relevant Subscription Agreement before you access the Site. In the event of any conflict, the terms of such a valid Subscription Agreement shall prevail.

  3. Accuracy of Information and Disclaimer

    While we do our best to ensure that all information on the Site is accurate, the Site is provided on an "as is" and “as available” basis and we do not warrant the accuracy, completeness, reliability or timeliness of such information; nor do we warrant that it is fit for any particular purpose. If you find any inaccurate information on the Site let us know and we will correct it, where we agree, as soon as practicable.

  4. Our Liability

    1. The Company does not represent or warrant that the Site will meet particular requirements, or be available, accessible, uninterrupted, timely, secure or operate without error or that it will be free from viruses, worms, trojan horses or other harmful elements. No advice or information obtained by you from the Site, whether written or oral, will create any warranty or other obligation not expressly stated in these Terms.

    2. You expressly acknowledge and agree that:

      1. in no event will the Company, its officers, directors, employees or agents be liable to you in contract, tort (including negligence and breach of statutory duty) or otherwise for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages) resulting from:

        1. the use or the inability to use the Site;
        2. the cost of obtaining substitute goods and/or services resulting from any data, information or service obtained or messages received or transactions entered into through or from the Site;
        3. unauthorised access to or alteration of your transmission or data;
        4. statements or conduct of any third party that uses the Site; or
        5. any other matter relating to the Site.
    3. Nothing in these terms of use shall exclude or restrict any liability for death or personal injury arising from the negligence or fraud of the Company.
    4. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, in our reports or elsewhere on the Site are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.
    5. The information on the Site is not intended to address your particular requirements. Such information does not constitute any form of legal, tax or investment advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific investment, or other, decisions.

  5. Copyright

    1. Copyright and all intellectual property rights in the content of the Site are either owned by or are licensed to the Company and the content is protected by such rights including, without limitation, by copyright and under trade mark laws. With the exception of any content that you contribute to the Site, all content on the Site, including but not limited to designs, text, graphics, pictures, video, information, applications, software, sound and other files and their selection, arrangement and “look and feel” (the “Site Content”) is and shall remain the property of the Company or of those third parties whose content is licensed to the Company. No Site Content may be modified, copied, distributed, downloaded, posted, transmitted, reproduced, framed, republished or sold in any form or by any means, in whole or in part, without the Company’s prior written permission. You may not create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and storing all or any of the material held within the Site (by spidering or otherwise).
    2. You are granted a limited licence to access and use the Site and the Site Content and to download and print one copy of any portion of the Site Content to which you have properly gained access solely for personal and non-commercial use.

  6. User Contributions

    1. Any communications which we receive from you (including without limitation by email and any material that you submit via the Site) (“User Material”) will be deemed non-confidential. and non-proprietary. You grant us a perpetual, irrevocable, worldwide, royalty-free, sub-licensable, transferable licence to use, reproduce, modify, adapt, edit, and publish such User Material on the Site and in any offline publication where we consider this appropriate. If you do not wish to grant such rights to us, please do not submit any User Material to us.

    2. By submitting any User Material, you:

      1. warrant that such User Material is your own original work and that you have the right to make it available to us for all the purposes specified above; and
      2. agree to waive any moral rights in your User Material.
    3. Any User Material submitted to us is submitted on the basis that we may review and edit such User Material prior to publication. We reserve the right to remove any User Material or part thereof published on the Site at any time and for any reason at our absolute discretion without notification to you.

  7. Communications with other users

    From time to time, we may provide facilities which enable you to communicate with other users of the Site. If you contact any other user of the Site, you shall ensure that:

    1. to the best of your knowledge and belief, any such communication is truthful and accurate in all respects;
    2. no such communication shall be inappropriate or objectionable; and
    3. you shall immediately comply with any request from any other user that you stop communicating with them.

  8. Links

    When you link into a non-Evaluate site from this Site, please understand it is independent from us and that we have no control over the content of such independent website. Whilst we believe such sites may be of interest to you, we do not endorse or accept any responsibility for the content or the use of such websites. Links are therefore made at your own risk and we accept no liability for any linked sites. You must also take your own precautions to ensure what is selected for use is free from any viruses, worms, Trojan horses or other items of a destructive nature.

  9. Privacy Policy

    Your right to privacy is important to us. Our privacy policy is set out here and forms part of these Terms.

  10. Access to the Site

    1. You are responsible for making all arrangements necessary for you to have access to the Site.
    2. Access to the Site is permitted on a temporary basis. We reserve the right to terminate your access to the Site or any part of it or to withdraw any of our services at any time, without notice, for any reason (including without limitation any breach of these Terms). From time to time, we may restrict access to some parts of our Site, to our entire Site and/or to users who have registered with us.
    3. While the Company endeavours to ensure that the Site is normally available 24 hours a day, the Company shall not be liable if for any reason the Site is unavailable at any time or for any period.

  11. General

    Any formal legal notices should be sent to us at the address at the end of these Terms by email confirmed by post. Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under this agreement. Nothing in these Terms is intended to, nor shall it, confer any benefit on a third party whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

  12. Legal Jurisdiction and Dispute Resolution

    English law shall apply to these terms, notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms (including non-contractual claims or disputes) and for those purposes the parties irrevocably submit all disputes to the exclusive jurisdiction of the English courts provided that the Company shall not be prevented from seeking any court order or judgment in any other court of competent jurisdiction. The place of performance shall be England.

  13. Additional Third Party Terms

    Subscriber agrees and acknowledges that the CUSIP Database and the information contained therein is and shall remain valuable intellectual property owned by, or licensed to, CUSIP Global Services (“CGS”) and the American Bankers Association (“ABA”), and that no proprietary rights are being transferred to Subscriber in such materials or in any of the information contained therein. Any use by Subscriber outside of the clearing and settlement of transactions requires a license from CGS, along with an associated fee based on usage. Subscriber agrees that misappropriation or misuse of such materials will cause serious damage to CGS and ABA, and that in such event money damages may not constitute sufficient compensation to CGS and ABA; consequently, Subscriber agrees that in the event of any misappropriation or misuse, CGS and ABA shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which CGS and ABA may be entitled.

    Subscriber agrees that Subscriber shall not publish or distribute in any medium the CUSIP Database or any information contained therein or summaries or subsets thereof to any person or entity except in connection with the normal clearing and settlement of security transactions. Subscriber further agrees that the use of CUSIP numbers and descriptions is not intended to create or maintain, and does not serve the purpose of the creation or maintenance of, a master file or database of CUSIP descriptions or numbers for itself or any third party recipient of such service and is not intended to create and does not serve in any way as a substitute for the CUSIP MASTER TAPE, PRINT, DB, INTERNET, ELECTRONIC, CD-ROM Services and/or any other future services developed by the CGS.

    NEITHER CGS, ABA NOR ANY OF THEIR AFFILIATES MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED IN THE CUSIP DATABASE. ALL SUCH MATERIALS ARE PROVIDED TO SUBSCRIBER ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE NOR WITH RESPECT TO THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF SUCH MATERIALS. NEITHER CGS, ABA NOR THEIR AFFILIATES SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS NOR SHALL THEY BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR INDIRECT, SPECIAL OR CONSEQUENTIAL, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF CGS, ABA OR ANY OF THEIR AFFILIATES PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE FEE PAID BY SUBSCRIBER FOR ACCESS TO SUCH MATERIALS IN THE MONTH IN WHICH SUCH CAUSE OF ACTION IS ALLEGED TO HAVE ARISEN. FURTHERMORE, CGS AND ABA SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DELAYS OR FAILURES DUE TO CIRCUMSTANCES BEYOND THEIR CONTROL.

    Subscriber agrees that the foregoing terms and conditions shall survive any termination of its right of access to the materials identified above.

  14. Further Information

    Further information on these conditions or any queries on them can be obtained from Evaluate Ltd at 3 More London Riverside, London SE1 2AQ United Kingdom

    Telephone +44 207 377 0800 Facsimile +44 207 539 1801

    Or email [email protected]

20 August 2010

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