4. Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable laws and regulations. While KBRA has endeavored to create a secure and reliable Website, please be advised that the confidentiality of any communication or material transmitted to/from a website over the Internet cannot be guaranteed. Accordingly, KBRA and KBRA's licensors and suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Website, or for the consequences of any reliance on such information. KBRA and KBRA's licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Website. Moreover, you agree (a) to hold KBRA harmless for the use of third party software on the Website and (b) that KBRA shall have no liability whatsoever to any person or entity for the accuracy and/or completeness of any outcome resulting from the use of such software.
6. Enforcing Security. Actual or attempted unauthorized use of the Website may result in criminal and / or civil prosecution. For your protection, KBRA reserves the right to view, monitor, and record activity on the Website without notice or further permission from you, to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any portion of the Website. KBRA will also comply with all court orders involving requests for such information.
7. Privacy. Please review our Privacy Statement, which also governs your use of the Website, to understand our practices concerning information that you may provide to us or that we may collect from you in connection with your use of the Website.
8. Links to Other Websites. KBRA may provide links, in its sole discretion, to other websites on the internet for your convenience in locating related information and services. These websites have not necessarily been reviewed by KBRA and are maintained by third parties over which KBRA exercises no control. Accordingly, KBRA expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on, and/or software downloaded from, these third party websites. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party. Users and third parties are prohibited from establishing hyperlinks to or away from this site, unless KBRA provides prior written consent (which it may or may not provide in its sole discretion).
9. Events Beyond KBRA Control. KBRA's Website may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications that are beyond KBRA's reasonable control. KBRA is not responsible for delays, delivery failures or other damage resulting from such problems. You expressly absolve and release KBRA and KBRA's licensors and suppliers from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
10. Disclosures. KBRA hereby discloses that, in some instances, issuers of securities rated by KBRA may pay fees to KBRA for the rating services rendered. KBRA maintains policies and procedures to address the independence of its ratings and rating processes. Additional information concerning these policies and procedures is available on the Website.
11. Submissions. KBRA also welcomes your feedback and suggestions about how to improve the Website. Any ideas, suggestions, information, know-how, material, or any other content (collectively, "Submissions") received through a Website, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for KBRA to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You hereby waive any claim to the contrary.
19. Ratings and Research Documents. EACH USER OF THE WEBSITE ACKNOWLEDGES THAT A RATING FROM KBRA IS AN OPINION BASED ON ESTABLISHED CRITERIA AND METHODOLOGIES THAT KBRA IS CONTINUOUSLY EVALUATING AND UPDATING. Therefore, ratings are the collective work product of KBRA and no individual, or group of individuals, is solely responsible for a rating. The rating does not address the risk of loss due to risks other than credit risk, unless such risk is specifically mentioned. KBRA'S RATINGS ARE INTENDED TO REFLECT BOTH THE PROBABILITY OF DEFAULT AND SEVERITY OF LOSS IN THE EVENT OF DEFAULT, WITH GREATER EMPHASIS ON PROBABILITY OF DEFAULT AT HIGHER RATING LEVELS. FOR OBLIGATIONS, THE DETERMINATION OF EXPECTED LOSS SEVERITY IS, AMONG OTHER THINGS, A FUNCTION OF THE SENIORITY OF THE CLAIM. CREDIT RATINGS ARE NOT STATEMENTS OF CURRENT OR HISTORICAL FACT. CREDIT RATINGS DO NOT CONSTITUTE INVESTMENT OR FINANCIAL ADVICE, AND CREDIT RATINGS ARE NOT RECOMMENDATIONS TO PURCHASE, SELL, OR HOLD PARTICULAR SECURITIES. CREDIT RATINGS DO NOT COMMENT ON THE SUITABILITY OF AN INVESTMENT FOR ANY PARTICULAR INVESTOR. KBRA ISSUES ITS CREDIT RATINGS WITH THE EXPECTATION AND UNDERSTANDING THAT EACH INVESTOR WILL MAKE ITS OWN STUDY AND EVALUATION OF EACH SECURITY THAT IS UNDER CONSIDERATION FOR PURCHASE, HOLDING, OR SALE. YOU ACKNOWLEDGE THAT KBRA IS NOT YOUR ADVISOR AND IS NOT PROVIDING YOU ANY FINANCIAL OR INVESTMENT ADVICE (INCLUDING WITHIN THE MEANING OF 29 C.F.R. § 2510.3-21(c)), OR ANY LEGAL, AUDITING, ACCOUNTING, APPRAISAL, VALUATION, CONSULTANCY OR ACTUARIAL SERVICES. ANY INFORMATION ON THE WEBSITE SHOULD NOT BE VIEWED AS A REPLACEMENT FOR SUCH ADVICE OR SERVICES. The ratings, financial reporting analysis, projections, and other observations, if any, constituting part of the information contained herein are, and must be construed solely as, statements of opinion and not statements of fact or recommendations to purchase, sell or hold any securities. Ratings do not comment on the adequacy of market price, the suitability of any security for a particular investor, or the tax-exempt nature or taxability of payments made in respect to any security. KBRA does not have a fiduciary relationship with you, any issuer, subscriber or any other individual. Nothing is intended to or should be construed as creating a fiduciary relationship between KBRA and any issuer or between the firm and any user of its ratings. Ratings may be changed, qualified, or withdrawn as a result of changes in, additions to, accuracy of, unavailability of or inadequacy of information or for any reason KBRA deems sufficient. The assignment of a rating by KBRA shall not constitute consent by KBRA to (i) being named an 'expert' under the Federal Securities Laws including, without limitation, Section 7 of the Securities Act of 1933, or (ii) being identified in any registration statement or prospectus (including through incorporation) within the meaning of Section 7 of the Securities Act of 1933 such that KBRA could reasonably be expected to be considered an 'expert' under the Federal Securities Laws including, without limitation, Section 7 of the Securities Act of 1933.
20. CUSIP Terms and Conditions. The CUSIP information contained in the Website consists of security identifiers and related descriptive information ("the CUSIP Database") and is protected under the copyright laws and is licensed with permission from CUSIP Global Services (CGS) on behalf of the American Bankers Association ("ABA"). You agree and acknowledge that the CUSIP Database and the information contained therein is and shall remain valuable intellectual property owned by, or licensed to, CUSIP Global Services and the American Bankers Association ("ABA"), and that no proprietary rights are being transferred to you in such materials or in any of the information contained therein. Any use of the CUSIP Data by you outside of the clearing and settlement of transactions requires a license from CGS, along with an associated fee based on usage. You agree 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, you agree 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. You agree that you shall not publish nor distribute in any medium the CUSIP Database or any substantial portion of the information contained therein or summaries or subsets thereof to any person or entity. You may not create or maintain a master file or database of CUSIP identifiers or descriptions for yourself or any third party recipient that is intended to serve as a substitute for any CUSIP service. You agree not to:
(1) Violate the restrictions in any robot inclusion headers on the Website or in any way bypass or circumvent any other measure employed to limit or prevent access to the CUSIP Data on the Website;
(2) Violate the security of the Website or attempt to gain unauthorized access to the Website, CUSIP Data, materials, information, computer systems or networks connected to KBRA’s server, through hacking, password mining or any other means; or
(3) Interfere or attempt to interfere with the proper working of the Website or any activities conducted on or through the Website, including accessing any CUSIP Data, content or other information prior to the time that is intended to be available to the public on the Website.
You acknowledge that certain information will be provided to CGS in connection with your downloading of CUSIP Data, which may include your User Name, Firm Name downloaded by you, email address and IP address. This information will be used for purposes of monitoring compliance with this section. This information will be stored securely in the U.S. and may be reviewed and corrected by contacting: [email protected]. For additional information about our Customer Privacy practices, please see: www.CUSIP.com. 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 YOU 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 VISITOR 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. You agree that the foregoing terms and conditions shall survive any termination of its right of access to the materials identified above.