IMPORTANT: THIS AGREEMENT GOVERNS USE OF THIS WORLD WIDE WEB SITE ("SITE") SCOTIAVIEW. BY ACCESSING AND ACCEPTING THE TERMS AND CONDITIONS OF THIS SITE (THE “TERMS”) BY CLICKING ON THE ACCEPT BUTTON BELOW, YOU AGREE TO THE FOLLOWING TERMS. YOU SHOULD READ THE TERMS CAREFULLY AND COMPLETELY AND PRINT YOURSELF A COPY FOR YOUR RECORDS. IF YOU DO NOT AGREE TO THE TERMS, YOU WILL BE DENIED ACCESS TO THIS SITE.TERMS AND CONDITIONS
1. The Scotiabank trademark, together with “Global Banking and Markets”, is a marketing name for the global corporate and investment banking and capital markets businesses of The Bank of Nova Scotia and certain of its affiliates in the countries where they operate, including Scotia Capital Inc. used under license.
2. This site contains information published by The Bank of Nova Scotia, Scotia Capital Inc., Scotia Capital (USA) Inc. and from time to time, other affiliates of The Bank of Nova Scotia. The information is being made available only to certain authorized individuals, institutional clients and certain corporate clients of Scotia Capital Inc., Scotia Capital (USA) Inc. and The Bank of Nova Scotia and certain of its affiliates (collectively referred to as “Scotiabank” in this site). Any products and services that may be provided by Scotiabank will be provided by an entity that is authorized by law to do so in relation to those particular products and services. These entities are all members of the Scotiabank group and authorized users of the Scotiabank trademark. A "user" means the entity which an authorized individual is employed or retained by, the individual when acting for that entity, and their respective successors and assigns, heirs and personal representatives.
3. Information in this site is only being made available in jurisdictions where Scotia Capital Inc., Scotia Capital (USA) Inc. or Scotiabank may lawfully offer services and products for sale and make this information available, and is otherwise void where prohibited by law. If you access this site from outside of Canada or the United States you are responsible for compliance with local, national and international laws. All products and services are subject to the terms of applicable agreements. Where information is posted and available within this site, disclaimer terms and conditions (and other restrictions and disclosures), which may be contained within any information memorandum or other publication, should be consulted as they continue to apply to any such individual memorandum or other publication. As a user, you are deemed to have notice of them regardless of your use or downloading of only a part of this site.
4. This site is established solely for the exchange of information. It may not be used to place, buy or sell orders for securities or commodities, or to give instructions regarding accounts maintained by any user with Scotia Capital Inc. or Scotia Capital (USA) Inc. or to obtain any other financial service. This site is not made available for or being used in connection with roadshows or the delivery of the "delivery requirements" as contemplated by the Canadian Securities Administrators National Policy 11-201 - Delivery of Documents by Electronic Means.
5. Other than the agreement resulting from acceptance of the Terms, use of this site is not intended and shall be deemed not to create any legal relationship of whatsoever kind between the user and Scotia Capital Inc., Scotia Capital (USA) Inc., or any other Scotiabank member, or to amend or vary any existing legal relationship.
6. This site, including the facts, data, information and other contents contained in it, is not intended to be:
(a) a comprehensive or detailed statement concerning the matters addressed;
(b) tax, banking, accounting, or legal advice; or
(c) an offer to sell or buy any stock, bond or other financial instrument.User is advised to seek professional advice before acting or omitting to act on any part of the site.
7. User has the responsibility to evaluate the accuracy, completeness or usefulness of any of the content of the site, including its publications, when accessing and using it for its own purposes.
This site may include forward-looking statements about objectives, strategies and expected financial results of members of Scotiabank or other unrelated parties. Such forward-looking statements are inherently subject to uncertainties beyond the control of the members of Scotiabank, including but not limited to economic and financial conditions globally, regulatory development in Canada and elsewhere, technological developments and competition. The user is cautioned that a person’s actual performance, including that of Scotiabank, could differ materially from the anticipated results referred to in such forward-looking statements.
User represents that it possesses the sophistication, expertise, and investment knowledge necessary to evaluate the data on the site and any investment risks independently on behalf of itself and it will not rely on the site as the primary or sole basis for its investment decisions.
User understands that the data on the site and any recommendations contained therein or made available thereby (1) may not be suitable for it or its clients, and (2) have been prepared without regard to the financial circumstances or investment objectives of any specific persons or accounts, including those who receive or access it, and it does not (and will not) rely on the date on the site as such;
Scotiabank (1) is not undertaking to provide impartial investment advice, or give advice in a fiduciary capacity, (2) is not acting as an investment adviser or fiduciary to user or to user’s clients (including, without limitation, under the Employee Retirement Income Security Act of 1974, as amended, or Section 4975 of the Internal Revenue Code of 1986, as amended), and (3) will not be or become a fiduciary to user or to user’s clients unless the relevant Scotiabank has expressly agreed otherwise, in writing, to act as a fiduciary with respect to a particular account or transaction.
8. A Scotiabank member and/or their affiliates and/or their respective officers, directors or employees may from time to time acquire, hold or sell securities and/or commodities and/or commodity futures contracts mentioned in this site as principal or agent. Directors, officers, or employees of Scotiabank may serve as a director or officer of an entity referred to within the site. A Scotiabank member and/or their affiliates may have acted as a financial advisor and/or underwriter for certain of the corporations mentioned in this site and may have received and may receive remuneration for same.
9. Although Scotia Capital Inc. and Scotia Capital (USA) Inc. respectively believe the content of this site to be correct when any information is first made available, neither they nor any other member of Scotiabank or any of their respective officers, directors, employees or agents make any warranty or representation as to the correctness or completeness of such information. Information in this site is subject to change without notice. Scotiabank, its directors, officers, employees, and agents do not, and do not intend to, and expressly disclaim any duty to, update or correct information on this site after such information is initially published.
10. World wide web sites accessed by hypertext links ("hyperlinks") appearing in this site have been independently developed by parties other than Scotiabank, and Scotiabank has no control and is not responsible over information in any hyperlinked site. Scotia Capital Inc. and Scotia Capital (USA) Inc. are each providing hyperlinks to users of this site only as a convenience. When you leave this site to go to an independent third party web site, you will be leaving the site of Scotia Capital Inc. and Scotia Capital (USA) Inc.
Scotiabank and/or their respective officers, directors or employees or agents make no representation and are not responsible for the quality, content or reliability of any information in any hyperlinked site. The inclusion of any hyperlink in this site should not be construed as an endorsement by Scotiabank of the information in such hyperlinked site, and does not imply that Scotiabank has investigated, verified or monitored the information in any such hyperlinked site.
The listing of or reference to any independent organization should not be construed as an endorsement by Scotiabank of such organization, its services or products.
11. To the extent permitted by law, Scotiabank and its respective officers, directors, employees and agents shall not be liable for any damages suffered or incurred by the user of this site or any third person arising out of any faults, interruptions or delays in this site and any inaccuracies, errors or omissions in Scotiabank’s content. there are no warranties, conditions, guarantees or representations (in this agreement called "Warranties") as to merchantability, fitness for a particular purpose or other warranties, whether express or implied, in law or in fact, oral or in writing. Each user hereby acknowledges that it has not relied upon any representations or Warranties of Scotia Capital Inc., Scotia Capital (USA) Inc. or any Scotiabank member.
12. Within this site where access is specifically made available to a user, Scotia Capital Inc. and Scotia Capital (USA) Inc. respectively endeavour to provide (but do not guarantee) a satisfactory secured level of online security. Each user is responsible for maintaining and storing in a secure and confidential environment its user ID and the password(s) given to it by Scotia Capital Inc. or Scotia Capital (USA) Inc. or others on its behalf. A user will not disclose or make available the user ID or password to anyone. If a user becomes aware that its ID and/or password has been lost, has been taken by or is being used by a third party, the user will immediately inform his/her Scotiabank representative or notify us at Scotiabank Institutional Equities 1 (888) 251-4484 Alternatively, users may emails Research.Services@scotiabank.com for assistance.
Scotia Capital Inc. or Scotia Capital (USA) Inc. may at any time request and give direction that a particular user stop using the user’s ID and/or Password. Any losses that may arise from inappropriate, negligent or other use of a user ID or a password(s) will be borne entirely by the relevant user, and Scotiabank, and their respective directors, officers, employees and agents shall bear no liability for any of such losses. Scotia Capital Inc. and any person operating the site for it may change the technical requirements relating to the use of this site at any time. In the event of such a change, it is the responsibility of each user to upgrade to the level of the new technical requirements.
This site is not a secure medium for communication and Scotiabank cannot ensure absolute confidentiality or security. Any confidential, proprietary, or sensitive information transmitted by a user by means of this site may be read and copied by unauthorized persons. Scotiabank and its related companies, and its respective directors, officers, employees and agents will not be responsible to any user of this site if the user transmits confidential or sensitive information to them through this site.
Instances may occur where access to this site may not be available, is interrupted or is delayed for whatever the reason may be (whether within or beyond the control of Scotiabank or their related companies or their service providers). Excluding third party sites that may be available by Links in this site, Scotia Capital Inc. will use reasonable commercial efforts to remedy such a difficulty, but cannot guarantee or warrant that its efforts will be successful in a timely fashion.
13. User agrees to provide Scotia Capital Inc. and, where applicable, Scotia Capital (USA) Inc. with complete information as requested to access the site, including, if requested, user's legal name, address, telephone number, e-mail address, and the names of each individual employed by user authorized to access the site. Scotia Capital Inc. and Scotia Capital (USA) Inc. may use such personal information and usage information to verify compliance with these Terms, and may suspend or terminate access to all or any portion of the service if such personal information is considered to be inaccurate, not current, or incomplete.
Scotia Capital Inc. and Scotia Capital (USA) Inc. will use commercially reasonable efforts to maintain such personal information in a secure environment and to treat such personal information as confidential. User acknowledges that commercially available security measures of Scotia Capital Inc. and Scotia Capital (USA) Inc. may not be infallible. Scotia Capital Inc. and Scotia Capital (USA) Inc. are not responsible for any disclosure or interception that occurs in spite of its efforts.
Scotia Capital Inc. and Scotia Capital (USA) Inc. are entitled to disclose personal information and usage information as necessary for compliance with legal or regulatory requirements, including requests by authorities pursuant to the Investment Industry Regulatory Organization of Canada, Financial Industry Regulatory Authority or Financial Services Authority Rules other applicable rules or regulations.
14. (a) Each user authorizes Scotiabank to record any telephone or other verbal communications related to this site. Scotiabank is authorized to record electronically a user’s identity as a user of this site, including by using “cookies” and its acceptance of the Terms and any data that the user inputs while accessing or using the site or its publications. Each user agrees to the terms of the Bank’s Privacy and Cookies Policy (for details on Canadian privacy policies visit https://www.scotiabank.com/ca/en/about/contact-us/privacy.html
, other regions visit http://www.scotiabank.com/gls/en/index.html#about
and select “privacy” and “choose your country”).
Scotia Capital Inc. and Scotia Capital (USA) Inc. may choose to verify at any time any of the information provided by a user when registering for or actually accessing this site, including without limit the content of the site that may have been downloaded.
(b) Scotiabank will receive periodically information on the identity of visitors to this website who have accepted these Terms and also when visitors make other visits to this site. In addition, Scotiabank will periodically receive logs which record activities on this web site (including whether publications have been downloaded) which may be used to create targeted marketing offers for its users, among other purposes. In addition, Scotiabank reserves the right to collect or use personal information or to make disclosure without the knowledge of the user in those other limited instances where permitted to do so by applicable law.
We may share information within Scotiabank or competent regulators and/or authorities to comply with legal or regulatory requirements and to service users (including for marketing or solicitation purposes). Under certain laws, you may have the right to access the information we may hold concerning you, as well as to correct any inaccurate data, and other rights. Please direct such advice or any queries about this paragraph and the immediately preceding paragraph on information held, data protection, etc. to:
Research Client Services Team
40 King Street West, 65th Floor
Toronto, Ontario M5W 2X6
15. The information collected or portions thereof held by Scotiabank or any site operator in relation to this site may be processed or stored by them or third parties chosen by them outside of Canada. Such information may be transmitted internationally across national borders. The user is taken to consent to the foregoing processing and storage and to the uses of personal information described in these Terms. In particular, the user is taken to consent to the transfer of such personal information to the United States of America (USA) for the purposes set out in these Terms. The user should note that data protection laws in the USA may not protect the information to the same extent as the laws of the user's home territory.
16. Copyright in the content of this site, including without limitation any publications, designs, graphics and the screens displaying the pages and their arrangement, is owned by Scotia Capital Inc., Scotia Capital (USA) Inc. or The Bank of Nova Scotia unless otherwise indicated. All rights reserved. Users of this site may copy a publication within this site for their own personal use as a "user", but without the prior written permission of Scotiabank may not republish or reproduce any substantial part of this site in any manner whatsoever, including electronically reproducing this site by "uploading", "downloading" or "accessing" this site onto the Internet or any other local or international computer system, and any such unauthorized use constitutes copyright infringement. Any publication or report included in this site may not be reproduced in whole or in part, or referred to in any manner whatsoever, nor may the information, opinions, and conclusions contained in it be referred to without in each case the prior express consent of Scotia Capital Inc., Scotia Capital (USA) Inc., The Bank of Nova Scotia or other Scotiabank member owner.
Distribution or use of the contents of this site, including of its publications, by authorized users or others to persons not authorized to receive its content is strictly prohibited. Scotiabank and their respective directors, officers and employees and their agents shall not be responsible for any damages suffered or incurred of whatever kind or any other consequences thereof as a result of a person's use of any content or publications acquired on this site. If a user republishes, reproduces, distributes or refers to any information on the site, without the express consent of Scotiabank, that user will be responsible for any damages suffered or costs incurred by Scotiabank (including reasonable attorney’s fees and other costs of enforcement) as a result of any third party's use of the content or publications. In the foregoing instance, the said user shall indemnify and hold harmless Scotiabank and their respective directors, officers and employees and their agents from any third party claims brought against them (including reasonable attorney’s fees and other costs or damages sustained by them) in relation to any such content or publications and their use.
Use of any software downloaded from this site is governed by the terms of any license agreement provided with that software. All software, if and when provided, is provided on an "as is" basis, without any representations or Warranties.
17. The display of trademarks in this site does not imply that a license of any kind has been granted. All service and product names are trademarks of their respective owners. The Bank of Nova Scotia is the owner of the Canadian trademarks Scotiabank Flying S design mark; Scotiabank; and Scotia, and has additional trademarks and service marks in Canada and other countries, designated by the symbols ® and ™ for registered and unregistered marks respectively. Scotia Capital Inc. and Scotia Capital (USA) Inc. are authorized users of the Scotiabank and Flying S design mark. User acknowledges that the data on the site and the site and all related aspects thereof are commercially valuable proprietary products and trade secrets of Scotiabank and acknowledges that it receives no intellectual property rights or other rights in or to the data or the site. Client agrees to be bound by and comply with the various legends, disclaimers, terms and conditions and restrictions displayed on or linked to the site and shall not remove or modify any disclosure or copyright or trademark notice contained on the site.
18. Scotiabank, the operator of this site and/or their respective officers, directors or employees and their agents expressly disclaim any liability for losses or damages, whether direct, indirect, special, economic, or consequential, or other consequences, howsoever caused, arising out of the use of this site or any reproduction of this site, whether authorized or not. By accessing this site, each user of this site releases Scotiabank and all related companies and their respective officers, directors, agents and employees from all claims and proceedings for such losses, damages or consequences.
19. (a) With respect to clients of Scotia Capital Inc., the laws of the Province of Ontario, Canada apply to this site and to the use of this site by any user, notwithstanding the domicile, residence or physical location of the user. The user of this site submits and attorns to the exclusive jurisdiction of the courts of the Province of Ontario to determine any proceeding arising out of the use of this site. Each user agrees not to bring a legal action against Scotia Capital Inc. or any of its affiliates in any jurisdiction except Ontario.
(b) With respect to clients of Scotia Capital (USA) Inc., the laws of New York shall apply to this site and its use by such a user, without regard to its conflict of law rules. User hereby submits to the exclusive jurisdiction of the United States District Court for the Southern District of New York and of any New York State court sitting in the Borough of Manhattan in New York City for purposes of all legal proceedings arising out of or relating to these Terms or to user’s access and use of this site. User irrevocably waives, to the fullest extent it may effectively do so, any objection which it may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. USER WAIVES THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING BASED UPON, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OR TO USER’S ACCESS AND USE OF THIS SITE.
(c) Any limitations on remedies and/or rights to recover damages that may be contained in any provision of this agreement shall apply to all causes of action, including without limitation breach of contract, tort (including negligence) and strict liability.
20. Scotia Capital Inc. and Scotia Capital (USA) Inc. reserve the right without prior notice to change or remove at any time any aspect of this site, including the information and any publication found here from time to time. In addition Scotia Capital Inc. and Scotia Capital (USA) Inc. each reserve the right, without prior notice, to suspend or discontinue temporarily or permanently the availability/existence of this website for its users and for reasons that shall be solely within their discretion and/or any operator of this site.
21. Subject to Sections 3 and 5 of these Terms, the agreement resulting from acceptance of these Terms contains the entire agreement between each user and Scotia Capital Inc. or Scotia Capital (USA) Inc. (as the case may be) and supersedes all prior agreements, negotiations and representations (written and oral) between them relating only to the use of this site and the type of information found within this site from time to time. Scotiabank's electronic records and other records (including those of any operator of the site) will be conclusive and binding on each visitor to this site.
22. The user and Scotia Capital Inc. and, where applicable, Scotia Capital (USA) Inc. agree that this agreement and all documents used in connection with the service be drawn up in English. Les parties présentes acceptent que la présente convention, ainsi que tous les documents qui s'y rattachent, soient rédigés en anglais.
23. U.S. Residents: Scotia Capital (USA) Inc. is a wholly owned subsidiary of Scotia Holdings (US) Inc. Any U.S. person wishing further information should contact Scotia Capital (USA) Inc. at (212) 225-6500.
24. Scotia Capital Inc. and Scotia Capital (USA) Inc. may change from time to time the provisions of the Terms by posting the amended Terms on this site and/or, notifying you of such amendment(s), and requesting that you acknowledge acceptance of such amended Terms by clicking on the Accept button. The Terms and the amended Terms apply to users of this site in respect of their visits to and use of this particular site to the exclusion of any other terms of access or comparable terms and conditions that may appear elsewhere within Scotiabank or The Bank of Nova Scotia internet websites.