Please read the following terms and conditions of use (“Terms and Conditions of Use”) carefully before accessing the website of Vontobel Asset Management, Inc. (hereinafter referred to as the “Vontobel Website”). By accessing the Vontobel Website, you agree to be legally bound by these Terms and Conditions of Use. Nothing contained in these Terms and Conditions of Use is intended to modify or amend any other written agreement, if any, that may currently be in effect between you and Vontobel with regard to matters other than your use of the Vontobel Website. If you do not understand or do not agree to any provisions of the Terms and Conditions of Use, please leave the Vontobel Website.
2. Limited Access
The information provided on the Vontobel Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. All persons and entities accessing the Vontobel Website are acting on their own initiative and are responsible for compliance with applicable local laws and regulations. The Vontobel Website is not directed to any person in any jurisdiction where the publication or availability of the Vontobel Website is prohibited, by reason of that person's nationality, residence or otherwise. Persons under these restrictions are not allowed access to the Vontobel Website.
3. No Offer/No Advice
The information and opinions provided on the Vontobel Website are provided for informational and educational purposes only. Nothing on the Vontobel Website shall be considered an advertisement, recommendation, solicitation, offer or invitation to buy or sell any security, future, option or other investment instrument, or an offer to provide any investment, tax, financial accounting or legal advice or service. You should consult a qualified investment, legal and/or tax professional before making any decision based on information provided on the Vontobel Website.
4. No Warranty
The Vontobel Website and the information and opinions included on the Vontobel Website are provided “as is” without any warranties of any kind – either express or implied – including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, accuracy, availability and fitness for any particular purpose and freedom from computer virus.
Although we attempt to keep the information on the Vontobel Website accurate, complete and current, we do not warrant that the information contained herein is accurate, complete or current. Vontobel is in no way obligated to update outdated information or opinions, remove them from the Vontobel Website or mark them correspondingly. The information and opinions contained on the Vontobel Website are subject to change at any time without notice.
Vontobel does not guarantee or endorse the suitability or potential value of any particular investment or any investment strategy that may be mentioned on the Vontobel Website. For these reasons, you agree that Vontobel is not responsible for any investment losses that might occur from your use of the information contained on the Vontobel Website. When making a decision about your investments, you should seek the advice of a professional financial adviser. Past performance of an investment or investment strategy is not necessarily indicative of its performance in the future. Moreover, investments in foreign currencies are subject to exchange rate fluctuations. Also, distributions in connection with an investment instrument may vary. Vontobel does not provide any warranty for (i) the increase in or maintenance of the value of investment instruments and (ii) the amount of future distributions.
5. Limitations of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER VONTOBEL NOR ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND VENDORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS OF, USE OF, PERFORMANCE OF, BROWSING IN OR LINKING TO OTHER SITES FROM THE VONTOBEL WEBSITE, OR ANY INFORMATION AND RELATED GRAPHICS CONTAINED IN OR MADE AVAILABLE THROUGH THE VONTOBEL WEBSITE, EVEN IF VONTOBEL, OR ANY OF ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR VENDORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST VONTOBEL OR ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND VENDORS FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE VONTOBEL WEBSITE.
6. Intellectual Property
All materials contained on the Vontobel Website, whether separate or compiled, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, as well as copyrights, patents, trademarks, service marks, trade secrets, trade dress and other rights therein, are owned or licensed by Vontobel and its third-party information providers, and are protected by United States and international intellectual property laws. The downloading or printing of materials on the Vontobel Website does not involve the transfer of any rights whatsoever. You may not copy the materials on the Vontobel Website, upload, post, publish, transmit or distribute them in any way (whether electronically or otherwise) or create other works based on them, without our prior written consent. Copies made incidentally in the ordinary course of your use of the Vontobel Website (such as in cache memory) and a reasonable number of printed copies for your own internal use are permitted, provided you do not delete or change any copyright, trademark, service mark, or other notices.
7. Links to Third-Party Websites
The Vontobel Website contains links to third-party websites. Vontobel is unable to verify the accuracy or completeness of content on third-party websites and is, therefore, not responsible for the accuracy, completeness or suitability of any such third-party content. We have no influence on the contents of such websites and the data protection practices applicable in connection with such websites. Therefore, we do not assume any responsibility for such websites, and recommend that you study the terms and conditions and privacy policies of such websites before accessing them. Should you activate such links, you leave the Vontobel Website at your own risk.
8. Accessing Your Account Through the Vontobel Website
Certain parts of the Vontobel Website are protected by a User ID and password (“password protected services”). For authentication purposes, certain features on the Vontobel Website may also require you to answer security questions. You agree to provide Vontobel with current, complete, and accurate information as required under the applicable password protected services of the Vontobel Website, and regularly update such information. You may not obtain or attempt to obtain unauthorized access to password protected services of the Vontobel Website, or to any other materials or information on the Vontobel Website, through any means not intentionally made available to you by Vontobel.
You are responsible for maintaining the confidentiality of any User IDs, logins, passwords and security questions and answers that you use to access any page or feature on the Vontobel Website, and for logging off of your account and any password protected services of the Vontobel Website. You are solely responsible for all activities that occur in connection with your User IDs, logins, passwords and security questions and answers that you use to access any page or feature on the Vontobel Website. You agree to notify Vontobel immediately if you become aware of any disclosure, loss, theft or unauthorized use of your User IDs, logins, passwords and security questions and answers.
You agree that you will not: (i) permit any third party to use your User IDs, logins, passwords and security questions and answers, (ii) permit any third party to use the password protected services of the Vontobel Website, (iii) sell, rent, license or otherwise use the Vontobel Website or password protected services for any purpose other than as expressly authorized by Vontobel, or (iv) allow or cause any information transmitted from the Vontobel Website, available through the use of the Vontobel Website or password protected services, to be published, redistributed, or retransmitted for any use other than uses permitted under these Terms and Conditions of Use.
The goal of the Vontobel Website is to provide you with information that is relevant and helpful to you. Therefore, we may collect personal information as well as anonymous information during your visit to the Vontobel Website. Vontobel is committed to safeguarding the personal information that we collect from you.
Collection and Use of Information
Anonymous or non-personal information is information that tells us how you’ve used the Vontobel Website, such as searches conducted, functions utilized, and the time of day you visited the Vontobel Website. This information is collected by use of a “cookie” or by collecting IP addresses. We use anonymous information for customary statistical analyses and for optimizing the Vontobel Website. In addition, we use such non-personal information for facilitating the use of the Vontobel Website for you. For example, with the help of cookies, it is possible to save your choice of your country of residence for the duration of a session, so that you do not have to repeat the corresponding entry. We may also collect personal information about you (e.g., name, gender, e-mail address, telephone number) when you visit the Vontobel Website. However, we will not collect personal information about you unless you choose to directly provide such information by, for example, subscribing to an email newsletter. Personal information will only be used for the purpose stated in connection with the entry of the data (e.g. sending of newsletters), for research and development of the Vontobel Website, and for the personalized marketing of Vontobel products and services. Personal information will only be made available to third parties if and to the extent that such parties are involved in the performance of the services described herein, or as required by law or regulatory provisions.
Transfer of Information
We wish to point out that a transfer of data over the Internet may involve an uncontrolled cross-border transmission even if both the sender and the recipient are located in the same country. We do not assume any liability for the security of your data during the transmission over the Internet. Any notices e-mailed to us by you may not be secure. In case you e-mail to us confidential information, you do so at your own risk. If deemed appropriate by you in the individual case, please contact us via a secure data transmission channel instead of over the Internet.
Protecting Personal Information
Within Vontobel, we restrict access to information about you to employees who need to know the information in order to perform their jobs, such as servicing your accounts or notifying you of new products and services. To protect your personal information against unauthorized access, accidental or intentional manipulation, loss and destruction, we maintain physical, electronic, and procedural safeguards. As described herein, we may disclose information we have about you to third party. In such cases, we provide the third parties with only the information necessary to carry out its assigned responsibilities, and only for that purpose. The third parties that have access to personal information are obliged to respect privacy. We do not sell information about prospective, current or former clients or their accounts to third parties.
10. Changes to the Terms and Conditions of Use
Vontobel reserves the right to change, delete, and update portions of these Terms and Conditions of Use at any time without prior notice or your consent. Therefore, please read these Terms and Conditions of Use for modifications whenever you access the Vontobel Website. If you do not understand or do not accept any provisions of the present Terms and Conditions of Use, please leave the Vontobel Website.
11. Applicable Law / Jurisdiction
Your use of the Vontobel Website as well as these Terms and Conditions of Use is governed by the laws of the State of New York, United States of America, and applicable federal law, notwithstanding any principles of conflict of law. The state or federal courts located in New York, New York, shall have exclusive jurisdiction over any cause of action arising out of or related to these Terms and Conditions of Use or your use of the Vontobel Website.
If any provision of these Terms and Conditions of Use is deemed unlawful, void or unenforceable, then that provision will be deemed severable from these Terms and Conditions of Use and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions of Use represent the entire agreement between you and Vontobel relating to the subject matter herein.
The rights granted to you herein terminate immediately upon any violation by you of these Terms and Conditions of Use. Vontobel, in its sole discretion, reserves the right to temporarily or permanently terminate your access to and use of the Vontobel Website at any time and for any reason whatsoever, without notice or liability. Vontobel will not be liable to you or any third party for any termination of your access to or use of the Vontobel Website.