TERMS AND CONDITIONS

PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE FOR THIS WEB SITE ("ToS") BEFORE USING THIS SITE.

By continuing to access, link to, or use this site or any service on this site, you signify YOUR ACCEPTANCE OF THE ToS.

  1. BLOMINVEST BANK SAL (“BLOMINVEST”) reserves the right to amend, remove, or add to the ToS at any time. Such modifications shall be effective immediately without the need to serve any notice.

    Accordingly, please continue to review the ToS whenever accessing, linking to, or using this site (“www.brite.blominvestbank.com”). Your access, link to, or use of the site, or any service on this site, after the posting of modifications to the ToS will constitute YOUR ACCEPTANCE OF THE ToS, as modified.

    If, at any time, you do not wish to accept the ToS, you may not access, link to, or use the site.

    Any terms and conditions proposed by you which are in addition to or which conflict with the ToS are expressly rejected by BLOMINVEST and its site partners and shall be of no force or effect.

    1.     User Consent to the ToS

    You represent that you have read and agree to be bound by the ToS.

    2.     Intellectual Property

    The contents of the Service and the site are protected by copyright pursuant to Lebanese and International Copyright laws. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service.

    No text, graphics, video, audio, software code, client side scripts (including but not limited to):

    Java script scripts and jQuery scripts, or user interface design or logos may be copied, distributed, modified, uploaded, transmitted, posted, framed or distributed in any way without prior written permission of BLOMINVEST and its site partners.

    Any modification of the materials (cited above) or use of the materials for any other purpose is an infringement of BLOMINVEST’s, its affiliates' or its third-party information providers' copyrights and other proprietary rights.

    You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by BLOMINVEST and its third-party information and technology partners.

    You agree to protect the proprietary rights of BLOMINVEST and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by BLOMINVEST or its suppliers and licensors of content, equipment, or otherwise to protect their rights in the Service.

    Except as specifically permitted by the ToS, you may not copy or make any use of the Service or any portion thereof.

    Except as specifically permitted herein, you shall not use the intellectual property rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without BLOMINVEST’s prior written approval.

    3.     License

    BLOMINVEST grants you a limited, revocable license to access and make personal use of the site as its visitor. However, you are not permitted to:

    3.1      Reproduce, duplicate, copy, sell or otherwise exploit the site or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content ("Website Content") for any commercial purpose, except as expressly provided;

    3.2      Use a robot, crawler or spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet "search engines," hit counters or similar technology);

    3.3      Use any meta tags, link tags, keywords, search terms, key terms, or the like that contain the site's name or trademarks used on the site, even if hidden in web page source or related web documents;

    3.4      Engage in any activity that interferes with the site or another user's ability to use the site;

    3.5      Modify, create derivative works from, reverse engineer, imitate, decompile or disassemble any technology or graphics or layout used to provide the site and the services offered on the site;

    3.6      Assist or encourage any third party in engaging in any activity prohibited by these Terms of Use; and

    3.7      Any use of the site or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein.

    4.     Data Protection


    BLOMINVEST seeks to protect any information that you provide when using this site.

    BLOMINVEST endeavors to ensure that your privacy is protected.

    Should BLOMINVEST ask you to provide certain information by which you can be identified when using this site, then you can be assured that it will only be used in accordance with this privacy statement (or as a security measure).

    BLOMINVEST may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

    This policy is effective from 01 November 2017.

    5.     Collection of Your Personal Information

    BLOMINVEST may collect the following information:

    5.1      Name and job title.

    5.2      Contact information including email address.

    5.3      Demographic information such as postcode, preferences and interests.

    5.4      Other information relevant to customer surveys and/or offers.

    5.5      From time to time, we may also use your information to contact you for market research purposes. BLOMINVEST may contact you by email, phone, fax or mail.
    BLOMINVEST may use the information to customize the site according to your interests.

    5.6      BLOMINVEST may share the information with its partners, affiliates, sales agents, marketing analysts and sister companies and subsidiaries.

    6.     Warranties

    BLOMINVEST and its partners and affiliates cannot and do not represent or guarantee that any of the information available through the Services or site is accurate, reliable, current, complete or appropriate for your needs.

    Some content available through the Services or site may be provided by independent third parties whom BLOMINVEST and its site partners do not control.

    Other content available through the Services or site is or may be obtained by BLOMINVEST and its site partners from professional businesses or organizations, such as ministries, statistical offices, news providers, financial exchanges, market data providers and other content providers, who are believed to be sources of reliable information. 

    Nevertheless, due to various factors—including the inherent possibility of human and mechanical error—the accuracy, completeness, timeliness, results obtained from use, and correct sequencing of information available through the Services and site are not and cannot be guaranteed by BLOMINVEST or its site partners.

    By using the site, you expressly understand and agree that your use of the services is at your sole risk. Third parties may change their own terms of use for the information provided through this site without prior notice. Direct links to third-party sources are available across this site. The services are provided on an "as is" and "as available" basis from sources reasonably deemed to be reliable. BLOMINVEST and its site partners expressly disclaim all other warranties, representations, guarantees and conditions of any kind, whether express or implied, including, but not limited to the implied warranties, representations and conditions of merchantability, fitness, completeness, accuracy, timeliness or that the same will be uninterrupted, error free or free of viruses or defects.

    Nothing on this site should be regarded as an offer or solicitation to conduct investment business or buy or sell any investments, nor does it constitute any form of personal recommendation. Any information contained within this site should not be deemed to constitute investment advice and should not be relied upon as the basis for any financial or investment decision.

    BLOMINVEST and its site partners cannot be held responsible of any damage caused to your computer, browser, mobile device or any other tool from using the Services or site.

    7.     Indemnification

    You agree, at your own expense, to indemnify, defend and hold harmless BLOMINVEST and its site partners, and their suppliers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the Service, or any links on the Service, including, but not limited to:

    a)         Your use or someone using your computer's use of the Service;

    b)         Use by someone using your account;

    c)         A violation of the ToS by you or anyone using your computer (or account, where applicable);

    d)         A claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party;

    e)         Any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable);

    f)          Any misrepresentation or breach of representation or warranty made by you contained herein; or

    g)         Any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim.

    BLOMINVEST reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BLOMINVEST in asserting any available defense.

    You acknowledge and agree to pay BLOMINVEST's reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by BLOMINVEST under the ToS and any other terms and conditions of service on this site, including without limitation, lawsuits arising from your failure to indemnify BLOMINVEST or any of its site partners pursuant to the ToS.

    8.     Links to other Websites


    The site may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave the BLOMINVEST site, you should note that BLOMINVEST does not have any control over that other website.

    Therefore, BLOMINVEST and its site partners cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by the Data Protection policy. You should exercise caution and look at the privacy statement applicable to the website in question.

    9.     Termination

    9.1  You may terminate the ToS, with or without cause and at any time, by discontinuing your use of the Service and destroying all materials obtained from the Service.

    9.2  You agree that, without notice, BLOMINVEST may terminate the ToS, or suspend your access to the Service, with or without cause at any time and effective immediately.
    The TOS will terminate immediately without notice from BLOMINVEST if you, in BLOMINVEST’s sole discretion, fail to comply with any provision of the ToS.

    9.3  BLOMINVEST and its site partners shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to the termination or suspension of the Service.

    Upon termination of the ToS by you or BLOMINVEST, you must discontinue your use of the Service and destroy promptly all materials obtained from the Service and any copies thereof.

    10.  Governing Law

    The ToS shall be governed and construed in accordance with the laws of the Republic of Lebanon, without giving effect to conflicts-of-law principles thereof.
    You agree to submit to the personal jurisdiction of the Lebanese courts with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the ToS.

    11.  Miscellaneous

    You accept that BLOMINVEST has the right to change and/or remove the content or technical specifications and/or services of any aspect of the Service at any time at BLOMINVEST’s sole discretion.
    You further accept that such changes may result in your being unable to access the Service. The failure of BLOMINVEST to exercise or enforce any right or provision of the ToS shall not constitute a waiver of such right or provision.

    12.  No Waiver

    No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

    13.  Headings

    The section headings used herein are for convenience only and shall not be given any legal import.

    14.  Amendments


    No consent of any third party shall be necessary for the amendment or termination of this Agreement.

    15.  Severability


    If any provision or portion of a provision of the ToS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the ToS will remain in force.

    16.  Entire Agreement

    The ToS and any other terms and conditions of service on this site, and its successor, constitute the entire agreement between you and BLOMINVEST and govern your use of the Service.

  2. 1. Use of Data

    Access and use of certain structured finance information (“Moody’s Data”) provided by Moody’s Analytics, Inc. and/or its affiliates and its licensors (“Moody’s”) is for internal business use only and permitted only upon compliance and agreement with the following terms.

    2. Intellectual Property

    You shall obtain no rights in any Moody’s Intellectual Property. “Intellectual Property” shall mean all forms of intellectual property rights and protections held by Moody’s and may include without limitation all right, title and interest arising under U.S. common and statutory law, and laws of other countries in and to all (a) patents and all filed, pending or potential applications for patents, including any reissue, reexamination, division, continuation or continuation-in-part applications throughout the world now or hereafter filed; (b) trade secret rights and equivalent rights; (c) copyrights, other literary property or authors rights, whether or not protected by copyright or as a mask work; and (d) proprietary indicia, trademarks, trade names, symbols, domain names, URL’s, logos and/or brand names. For the avoidance of doubt, Moody’s Data is Moody’s Intellectual Property. Moody’s will retain all ownership rights in and to all Moody’s Intellectual Property. You shall comply with the restrictions on use of the Moody’s Data and shall take all reasonable steps to prevent unauthorized use, access, copying or disclosure of Moody’s Intellectual Property. You shall promptly notify Moody’s of known unauthorized use of any Moody’s Intellectual Property. You shall not contest the validity of the Moody’s Intellectual Property.

    3. Moody’s Trademarks

    You are strictly prohibited from using any Moody’s Data, corporate names, designation logo, trade name, trademark, service name or service mark in any marketing materials, offering circular, prospectus or any securities offering document, without the prior written consent of Moody’s.

    4. Required Affiliate Disclosures

    Certain Moody’s Data may consist of quantitative estimates of default, or may consist of models and data used by Moody’s Investors Service, Inc. (“MIS”) in the credit ratings process or may be designed to indicate what an MIS rating would be based on certain assumptions, financial and portfolio data and/or other variable inputs. However, none of the Moody’s Data represent or constitute an actual MIS rating, rating action or opinion unless specifically designated as such by MIS, whether or not any of the assumptions or other data are correct, or the ultimate events related thereto differ materially from the factors used as inputs to such products. Nothing will compel MIS to assign, as a result of any Moody’s Data provided hereunder, a particular rating or any revision thereof to any securities, debt or other instruments. You understand that MIS may at any time refuse to issue any rating, or, if already issued, revise or withdraw such rating. You further agree not to represent, imply or otherwise suggest that any Moody’ Data constitutes or affects an MIS rating, rating action, or opinion.

    5. DISCLAIMERS

    Moody’s EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION WARRANTIES OF ACCURACY, TIMELINESS, COMPLETENESS, RESULTS, AND THE IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EVEN IF Moody’s HAS BEEN INFORMED OF SUCH PURPOSE, OR ANY REPRESENTATIONS AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. Moody’s SHALL NOT BE RESPONSIBLE FOR YOUR USE OF THE MOODY’S DATA. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Moody’s does not warrant or guarantee that the moody’s data will accurately predict credit risk or prevent bad decisions regarding extensions of credit, investments, loans, or other risk-related activities, nor shall Moody’s be responsible for the consequences of any such decisions. Moody’s makes no representation or warranty with respect to network downtime, interference, bandwidth, interruption, outage, or quality or speed of access or transmission of data. NO AGENT OF Moody’s IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF MOODY’S AS SET FORTH HEREIN.

    6. Indemnification

    You shall indemnify, defend, and hold harmless Moody’s, its affiliates, successors and assigns, and each of their respective officers, directors, employees, shareholders, legal representatives, and agents (the “Moody’s Indemnified Parties”), from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals' fees and court costs) arising out of any third party claims based on your use of the Moody’s Data, or the creation, use or dissemination of Moody’s Data. Moody’s shall be entitled, at its own expense, to participate in the defense of any claim subject to this paragraph through counsel of its own choosing, and you shall provide Moody’s with reasonable cooperation and assistance in such defense. This paragraph is Moody’s exclusive liability and your exclusive remedy for claims of as set forth above based upon or related to any Moody’s Data.

    7. GENERAL LIMITATION OF LIABILITY

    UNDER NO CIRCUMSTANCES WILL MOODY’S, ITS LICENSORS OR ANY MOODY’S affiliate, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS OF THE FOREGOING BE LIABLE TO YOU FOR (A) ANY direct, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND; OR (B) ANY COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE SOFTWARE, COST OF CAPITAL, OR FOR THE CLAIMS OF ANY THIRD PARTY.

    8. Compliance with Laws

    You represent and warrant that you will comply with all applicable laws and regulations with respect to access and use of Moody’s Data.

    9. Sanctions Compliance

    You warrant that you are not, nor are you owned or controlled by, directly or indirectly, a person or entity that is (i) on the list of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the U.K. Consolidated Financial Sanctions List maintained by Her Majesty’s Treasury; or (ii) subject to country sanctions imposed by the U.S. Government for any reason, including but not limited to being organized or headquartered in or a governmental entity of a country subject to such sanctions (currently Cuba, Iran, Syria, Sudan, and Crimea); or (iii) organized or headquartered in any other country to which the export or re-export of U.S.-origin goods or technologies are generally embargoed (currently North Korea).  Additionally, you warrant that you do not intend to and will not supply or use Moody's Data to or for the benefit of any of the foregoing (hereinafter “Prohibited Entities”).  You agree that you will notify Moody's if these circumstances change.  For purposes of this provision, “owned” and “own” mean an interest of fifty (50) percent or more and “control” means the right or ability to dictate the decisions, actions, and/or policies of an entity or its management. If you breach this Section, or if Moody’s determines that it is prohibited under any applicable law or regulation from providing the Moody’s Data, Moody’s may cease providing the Moody’s Data at any time.

    10. Licensed Information


    You agree that the Moody’s Data may contain third party materials provided by licensors. You agree that availability of such third party materials shall cease automatically, without liability on the part of Moody’s or the licensors, upon termination of Moody’s access to the materials for any reason. You shall also comply with any additional terms or restrictions regarding use of the third party materials which the relevant licensor and/or Moody’s may otherwise specify from time to time, including any notification posted within the relevant service.

    11. Certain Uses Prohibited

    You agree that the direct or indirect use of any Moody’s Data licensed herein in any prospectus or securities offering document is strictly prohibited, and you are similarly prohibited from the direct or indirect use of any Moody’s Data licensed herein for any purposes related to litigation, arbitration or similar adversarial proceedings.  With respect to the latter, this shall mean you may not use the Moody’s Data thereunder in support of, in defense of, or for any analysis relating to litigation, arbitration or similar adversarial proceedings, whether for itself or on behalf of a third party.
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