Terms of Use
Covered Bond Investor™ LLC
TERMS OF USE AGREEMENT
Last modified: 12/01/08
Please read this entire Terms of Use Agreement before using the Covered Bond Investor™ Website.
By continuing to access, link to, or use the Covered Bond Investor™ Website, you agree to all terms and conditions of this Agreement. Please read this Agreement again whenever you see that the “Last modified” date above has changed (see “Modification of Agreement” below). If you do not agree to the terms and conditions of this Agreement, as modified from time to time, you should immediately cease accessing, linking to, or using the Covered Bond Investor™ Website.
1) DEFINITIONS.
a) “Accuracy” means “accuracy, reliability, completeness, usefulness.”
b) “Agreement” means the Covered Bond Investor™ LLC Terms of Use Agreement.
c) “Associated Parties” means Covered Bond Investor™ LLC’s Suppliers, agents, directors, officers, employees, representatives, principals, subsidiaries, affiliates, successors, and assigns such as may exist now, in the past, or in the future.
d) The “Covered Bond Investor™ Website” means www.coveredbondinvestor.com and all materials and features associated with it, including but not limited to text, content, photographs, video, audio and graphics, goods, email bulletins, and RSS.
e) The “Covered Bond Investor™ Service” means the “Covered Bond Investor™ Website.
f) “Intellectual Property Rights” means all present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Covered Bond Investor™ Service.
g) “Noncommercial use” means use in a context where the user receives no economic benefit of any kind and there is no paid advertising.
h) “Preamble” means the language preceding this “Definitions” section.
i) “Represent” means “represent, warrant, covenant.”
j) “Service” means the Covered Bond Investor™ Service.
k) “Suppliers” means “suppliers or licensors of content, equipment, services, or otherwise.”
2) PRELIMINARY TERMS.
a) You represent that:
i) You have read and agree to be bound by all terms and conditions of this Agreement, including but limited to the Preamble.
ii) You have the power and authority to enter into this Agreement.
iii) You are at least eighteen (18) years old.
b) It is your responsibility to bring this Agreement to the attention of anyone who may, through you, view material on the Covered Bond Investor™ Website.
3) RESTRICTIONS ON USE.
a) You agree that:
i) You will use the Covered Bond Investor™ Service exclusively for your own noncommercial use.
ii) You have no ownership rights in any of Covered Bond Investor™ LLC’s trademarks, trade names, service marks, copyrights, or logos.
b) You are strictly prohibited from using the Covered Bond Investor™ Service to or for:
i) Reselling or otherwise transferring it for the benefit of or use by any other person or entity.
ii) Improving the quality of any data that you sell or contribute to any third party.
iii) Constructing a database of any kind.
iv) Any illegal purpose.
v) Any manner inconsistent with this Agreement.
c) You are strictly prohibited from:
i) Transferring, distributing, disposing of, or otherwise using any information contained in the Covered Bond Investor™ Service in any way that could compete with Covered Bond Investor™ LLC’s business or that of its suppliers.
ii) Copying, distributing, publishing, displaying performing, modifying, reproducing, recompiling, creating derivative works from, transmitting, or in any other way exploiting any part of the Covered Bond Investor™ Service without the written consent of Covered Bond Investor™ LLC, except as otherwise specifically provided in this Agreement.
iii) Modifying the Covered Bond Investor™ Service’s content (which would be a violation of Covered Bond Investor™ LLC’s copyrights and other proprietary rights).
iv) Offering any part of the Covered Bond Investor™ Service for sale.
v) Distributing any part of the Covered Bond Investor™ Service over any other medium, including a computer network or hyperlink framing.
vi) Storing the Covered Bond Investor™ Service in whole or part in databases for access by you or any third party.
vii) Distributing any database services containing all or part of the Covered Bond Investor™ Service.
viii) Using the Covered Bond Investor™ Service or the information it contains in unsolicited mailings or spam material.
ix) Sending spam or other unsolicited mailings to any person or entity that uses the Covered Bond Investor™ Service.
x) Using any of Covered Bond Investor™ LLC’s trademarks, trade names, service marks, copyrights, or logos in any way: (1) that tends to create an impression that such items belong to you or are associated with you; or (2) in unsolicited mailings or spam material.
d) With regard to the “Send to friend” email function:
i) You must: (1) use the function for the sole purpose of informing others about a Covered Bond Investor™ article; (2) be friendly and civil, treating all email recipients respectfully; and (3) immediately stop using the function for recipients who have requested that you stop.
ii) You are strictly prohibited from uploading or sending any message that is: (1) unlawful, libelous, offensive, hateful, slanderous, obscene, pornographic, hateful, threatening, abusing, insulting, misleading, or ethnically, racially, or otherwise objectionable; or (2) commercial, promotional, or a solicitation.
e) With regard to postings under “News & Analysis” and “Resources” (and not under any other category), you are allowed to:
i) Download and make print copies for your own personal, noncommercial use, provided that you retain: (1) the “Covered Bond Investor™ logo at the head of the printout; and (2) all copyright and other proprietary notices.
ii) Email copies as part of your own personal, noncommercial communication, provided that you: (1) identify the source clearly as “Covered Bond Investor™; and (2) retain all copyright and other proprietary notices.
iii) Re-publish copies on your own personal, noncommercial website or blog, provided that you: (1) identify the source clearly as “Covered Bond Investor™; and (2) retain all copyright and other proprietary notices.
f) If Covered Bond Investor™ LLC learns that you have sold, published, distributed, retransmitted or otherwise provided access to any material from the Covered Bond Investor™ Service to anyone in contravention of this Agreement without its express prior written permission, Covered Bond Investor™ LLC will invoice you for copyright abuse damages of US$1500 per article, which will be payable immediately on receipt of the invoice.
4) DISCLAIMER OF WARRANTIES; DISCLAIMER AND LIMITATION OF LIABILITY.
a) You acknowledge and agree that:
i) The Covered Bond Investor™ Service and everything contained in it, including but not limited to content, services, goods, or advertisements, are provided solely on an “as is” and on an “as available” basis.
ii) Covered Bond Investor™ LLC and Associated Parties shall have no responsibility or liability for: (1) any injury or damages, whether caused by the negligence of Covered Bond Investor™ LLC or Associated Parties, or otherwise, arising in connection with the Covered Bond Investor™ Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against Covered Bond Investor™ LLC or Associated Parties by any other party; or (2) any fault, inaccuracy, omission, delay, or any other failure in the Covered Bond Investor™ Service caused by your computer equipment or arising from your use of the Covered Bond Investor™ Service on such equipment.
iii) The Covered Bond Investor™ Service is provided for information purposes only and is not intended for trading purposes.
iv) Covered Bond Investor™ LLC shall have no liability for any interruptions in the use of the Service.
v) Covered Bond Investor™ LLC is not responsible or liable for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Service.
vi) The Covered Bond Investor™ Service may include certain information taken from stock exchanges and other sources around the world.
vii) Covered Bond Investor™ LLC does not guarantee the sequence, accuracy, completeness, or timeliness of the Covered Bond Investor™ Service.
viii) The provision of certain parts of the Covered Bond Investor™ Service may be subject to the terms and conditions of other agreements to which Covered Bond Investor™ LLC is a party.
ix) None of the information contained on this site constitutes a solicitation, offer, opinion, or recommendation by Covered Bond Investor™ LLC to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment.
x) The information provided on this site is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation.
xi) Covered Bond Investor™ LLC and/or third-party contributors to the Covered Bond Investor™ Service may choose at any time to inhibit or prohibit their content from being accessed under the Agreement.
xii) Covered Bond Investor™ LLC disclaims all warranties and makes no representations or warranties of any kind, express or implied, regarding the content, use or the results of the Covered Bond Investor™ Service in terms of its correctness, accuracy, reliability, or otherwise, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.
xiii) Without limiting the foregoing, Covered Bond Investor™ LLC does not warrant that the Covered Bond Investor™ Service is compatible with your equipment or that the Covered Bond Investor™ Service, or e-mail sent by Covered Bond Investor™ LLC or its representative, is free of errors or viruses, worms or "Trojan horses," or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features.
b) The content of other websites, services, goods, or advertisements that may be linked to the Covered Bond Investor™ Service is not maintained or controlled by us. Covered Bond Investor™ LLC is not responsible or liable for the availability, content, or accuracy of other websites, services, or goods that may be linked to, or advertised on, the Covered Bond Investor™ Service. Covered Bond Investor™ LLC does not:
i) Make any warranty, express or implied, with respect to the use of the links provided on, or to, the Covered Bond Investor™ Service.
ii) Guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, goods, or advertisements that may be linked to the Covered Bond Investor™ Service.
iii) Make any endorsement, express or implied, of any other websites, services, goods, or advertisements that may be linked to the Covered Bond Investor™ Service.
c) Your use of third-party sites is subject to the terms of use and privacy policies of each site, and Covered Bond Investor™ LLC is not responsible therein. Covered Bond Investor™ LLC encourages you to review said privacy policies of third-parties’ sites. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.
d) Anything to the contrary herein set forth notwithstanding, neither Covered Bond Investor™ LLC nor Associated Parties shall be liable, directly or indirectly, in any way, to you or any other person for any:
i) Inaccuracies or errors in or omissions from the Covered Bond Investor™ Service including, but not limited to, quotes and financial data.
ii) Delays, errors, or interruptions in the transmission or delivery of the Covered Bond Investor™ Service.
iii) Loss or damage arising from the foregoing or occasioned thereby, or by any reason of nonperformance.
e) Under no circumstances—including but not limited to negligence—shall Covered Bond Investor™ LLC or Associated Parties be liable to you for direct, indirect, incidental, consequential, special, punitive, or exemplary damages. The foregoing applies even if Covered Bond Investor™ LLC has been advised specifically of the possibility of such damages, and even if the claim for damages arises from use or inability to use the Covered Bond Investor™ Service or any links or items on it, or any provisions of this Agreement, such as but not limited to loss of revenue or anticipated profits or lost business.
f) Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Covered Bond Investor™ LLC and Associated Parties’ total liability to you for all damages, losses, and causes of action (whether in contract or tort, including but not limited to negligence) exceed the amount paid by you, if any, for accessing the Covered Bond Investor™ Website.
5) INTELLECTUAL PROPERTY.
a) You acknowledge and agree that:
i) The Covered Bond Investor™ Website is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Covered Bond Investor™ Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Covered Bond Investor™ Service are also copyrighted works.
ii) The Covered Bond Investor™ Service has been developed, compiled, prepared, revised, selected, and arranged by Covered Bond Investor™ LLC and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Covered Bond Investor™ LLC and such others.
iii) All Intellectual Property Rights shall, as between you and us, at all times be and remain the sole and exclusive property of Covered Bond Investor™ LLC.
iv) All present and future rights in and title to the Covered Bond Investor™ Service (including the right to exploit the Covered Bond Investor™ Service and any portions of it over any present or future technology) are reserved to Covered Bond Investor™ LLC for its exclusive use.
b) You agree to:
i) Abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Covered Bond Investor™ Service.
ii) Protect the proprietary rights of Covered Bond Investor™ LLC and all others having rights in the Covered Bond Investor™ Service during and after the term of this Agreement and to comply with all reasonable written requests made by Covered Bond Investor™ LLC or its Suppliers to protect their and others' contractual, statutory, and common law rights in the Covered Bond Investor™ Service.
iii) Notify Covered Bond Investor™ LLC in writing promptly upon becoming aware of any unauthorized access or use of the Covered Bond Investor™ Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights.
c) Except as specifically permitted in this Agreement, or as otherwise specifically permitted in writing by Covered Bond Investor™ LLC, you are strictly prohibited from:
i) Copying or making any use of the Covered Bond Investor™ Service or any portion thereof.
ii) Using the Intellectual Property Rights or the Covered Bond Investor™ Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose.
6) LICENSE.
a) You acquire absolutely no rights or licenses in or to the Covered Bond Investor™ Service and materials contained within the Service other than the limited right to utilize the Service in accordance with this Agreement. Should you choose to download content from the Covered Bond Investor™ Service, you must do so in accordance with the Agreement. Such download is licensed to you by Covered Bond Investor™ LLC ONLY for your own personal, noncommercial use in accordance with the Agreement and does not transfer any other rights to you.
b) If you submit material to this site or to Covered Bond Investor™ LLC or its representative, unless Covered Bond Investor™ LLC indicates in writing otherwise:
i) You grant Covered Bond Investor™ LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such content throughout the world in any form, media, or technology now known or hereafter developed. Covered Bond Investor™ LLC may also remove any material for any reason and without notice to you. You also permit any other user to access, store, or reproduce such material for that user's personal use.
ii) You grant Covered Bond Investor™ LLC the right to use the name that you submit in connection with such content.
iii) You represent that: (1) you own or otherwise control all of the rights to the material that you submit; that the material you submit is truthful and accurate; (2) use of the material you supply does not violate this Agreement and will not cause injury to any person or entity; and (3) you will indemnify Covered Bond Investor™ LLC and Associated Parties for all claims resulting from material you supply.
iv) Covered Bond Investor™ LLC and Associated Parties disclaim any responsibility and assume no liability for any material submitted by you or any third party.
7) FEES AND PAYMENTS.
a) Covered Bond Investor™ LLC reserves the right at any time to charge fees for access to portions of the Covered Bond Investor™ Service or the Service as a whole. If at any time Covered Bond Investor™ LLC requires a fee for portions of the Service or the Service as a whole, Covered Bond Investor™ LLC will require you to register and create an account.
b) All fees and charges shall be billed to you. With regard to these fees and charges:
i) You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Covered Bond Investor™ Service by Covered Bond Investor™ LLC or by any other vendor or service provider.
ii) You shall be solely responsible for their payment.
iii) You shall pay all applicable taxes relating to the use of the Covered Bond Investor™ Service through your account, and the purchase of any other products or services.
c) Certain portions of the Covered Bond Investor™ Service or the Service as a whole may require a prepaid fee ("Prepaid Fee"), which may be modified from time to time in Covered Bond Investor™ LLC’s sole discretion. With regard to this fee:
i) The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance.
ii) In no event will you receive any portions of the Covered Bond Investor™ Service or the Service as a whole if a Prepaid Fee is required unless Covered Bond Investor™ LLC receives all fees and charges payable by you, including the Prepaid Fee.
8) REGISTRATION AND ACCOUNT CREATION.
a) As part of the registration and account creation process necessary to obtain access to certain portions of the Covered Bond Investor™ Service, including those portions that require a fee or payment for access, you will select a username and a password.
b) You will provide Covered Bond Investor™ LLC with certain registration information, all of which must be accurate, truthful, and updated. Covered Bond Investor™ LLC reserves the right to deny creation of your account based on its inability to verify the authenticity of your registration information.
c) You agree to:
i) Maintain only one account with the Covered Bond Investor™ Service at any time and certify that you currently have no other account(s) with the Service.
ii) Be solely responsible for maintaining the confidentiality of your password.
iii) Immediately notify Covered Bond Investor™ LLC of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
iv) Be fully responsible for all usage and activity on your account, including, but not limited to, use of the account by any third party authorized by you to use your username and password.
d) You are strictly prohibited from:
i) Selecting a username already used by another person.
ii) Using a username in which another person has rights without such person's authorization.
iii) Using a username or password that Covered Bond Investor™ LLC, in its sole discretion, deems offensive or inappropriate.
iv) Allowing use of your account by any individual under age eighteen (18).
e) If the computer system on which you accessed the Covered Bond Investor™ Service is sold or transferred to another party, you represent that you will delete all cookies and software files obtained by or through use of the Service.
f) Covered Bond Investor™ LLC reserves the right to:
i) Access and monitor password-protected information including any information concerning your activities in relation to the Covered Bond Investor™ Service in order to fulfill its obligations in these Terms and protect or comply with its legal rights and obligations.
ii) Terminate your account, in its sole discretion, at any time without notice.
iii) Pursue any and all claims against any user of your account, notwithstanding any other provision of this Agreement.
g) You may terminate your account at any time by submitting the request via email or U.S. mail.
h) Upon termination, you will receive an automated confirmation via email that the request was received, and your account will be terminated within five (5) business days. You are responsible for all charges incurred up to the time the account is terminated.
9) EMAIL BULLETINS; RSS.
a) Covered Bond Investor™ LLC may give you the option to request material from the Covered Bond Investor™ Service by email or RSS. Covered Bond Investor™ LLC may also send you emails to keep you updated on Covered Bond Investor™ Website developments.
b) Your subscription to such an email service or RSS and your use of content received therefrom will be subject to this Agreement. You can unsubscribe by changing your options.
10) INDEMNIFICATION.
a) You agree to:
i) At your own expense indemnify, defend and hold harmless Covered Bond Investor™ LLC and Associated Parties 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 Covered Bond Investor™ Service, or any links on the Service, including, but not limited to: (1) your use or someone using your computer's use of the Covered Bond Investor™ Service; (2) use by someone using your account; (3) a violation of the Agreement by you or anyone using your computer (or account, where applicable); (4) a claim that any use of the Covered Bond Investor™ 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; (5) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Covered Bond Investor™ Service by you or someone using your computer (or account, where applicable); (6) any misrepresentation or breach of representation or warranty made by you contained herein; and (7) any breach of any covenant or agreement to be performed by you under this Agreement.
ii) 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.
b) Covered Bond Investor™ LLC 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 Covered Bond Investor™ LLC in asserting any available defense. You acknowledge and agree to pay Covered Bond Investor™ LLC’s reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you under this Agreement and any other terms and conditions of service on the Covered Bond Investor™ Website, including without limitation, lawsuits arising from your failure to indemnify Covered Bond Investor™ LLC or Associated Parties pursuant to the Agreement.
11) LINKING; FRAMING.
a) Without limiting other provisions contained in this Agreement, the following terms apply to linking:
i) You may include a link(s) on your website to the Covered Bond Investor™ LLC Website’s publicly accessible web pages (i.e., any web page that does not require a login and password or otherwise restrict access).
ii) Upon linking to this web site pursuant to the Agreement, you will be granted a non-exclusive, non-transferable, royalty-free sub-license to use the Covered Bond Investor™ mark owned by Covered Bond Investor™ LLC solely for providing an underlined, textual link from your website to the Covered Bond Investor™ Website. No other use of Covered Bond Investor™ LLC’s marks, names or logos is permitted without express written permission from Covered Bond Investor™ LLC.
iii) You may not: (1) link to the Covered Bond Investor™ Website any site containing an inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights; or (2) link to Covered Bond Investor™ Website, or any portion thereof, except as provided in this Agreement.
b) Covered Bond Investor™ LLC is concerned about the integrity of the Covered Bond Investor™ Website when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, Covered Bond Investor™ LLC is concerned with activities such as bringing up or presenting content of the Covered Bond Investor™ Website within another website ("framing"). In this regard, without limiting the provisions contained in this Agreement, you are strictly prohibited from:
i) Framing any web page from the Covered Bond Investor™ Website, except with Covered Bond Investor™ LLC’s express written permission.
ii) Archiving, caching, or mirroring any Covered Bond Investor™ Website web page or portions of a web page.
c) If you would like to use, reprint, frame, or redistribute any Covered Bond Investor™ Website content other than as permitted in this Agreement, you must request and obtain written permission from us.
12) BOTNETS.
a) Covered Bond Investor™ LLC retains the right, at its sole discretion, to terminate any accounts involved with botnets and related activities.
b) If any hostnames are used as command and control points for botnets, Covered Bond Investor™ LLC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at its sole discretion.
13) MISCELLANEOUS.
a) Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Covered Bond Investor™ LLC designates the following individual as its agent for receipt of notifications of claimed copyright infringement: Spencer Punnett, Principal, Covered Bond Investor LLC, 4200 Wisconsin Ave. NW, Suite 106-382, Washington, D.C. 20016 (email: punnetts@coveredbondinvestor.com).
b) For the Covered Bond Investor™ Website trademarks and service marks, click here.
c) For Covered Bond Investor™ Website Privacy Policy, click here.
d) You understand and agree that Covered Bond Investor™ LLC may employ cookie technology, subject to the terms of its Privacy Policy.
e) To the extent that the Covered Bond Investor™ Service includes material generated or contributed by other users of the Covered Bond Investor™ Website, be aware that such material may be self-interested, false, or misleading. Covered Bond Investor™ LLC is not responsible for such material.
f) The section titles in this Agreement are used solely for convenience and have no legal or contractual significance.
g) If any provision of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Agreement will remain in force.
h) This Agreement and any other terms and conditions of service on this site, and its successor, constitute the entire agreement between you and Covered Bond Investor™ LLC and govern your use of the Covered Bond Investor™ Service.
i) You agree that this Agreement and any other agreements referenced herein may be assigned by Covered Bond Investor™ LLC, in its sole discretion, to a third party in the event of a merger or acquisition.
14) MODIFICATION OF AGREEMENT.
a) Covered Bond Investor™ LLC reserves the right, at any time, to modify, alter, or update the terms and conditions of this Agreement at any time without prior notice.
b) Modifications shall become effective immediately upon being posted on the Covered Bond Investor™ Website.
c) Your continued accessing, linking to, or using the Covered Bond Investor™ Website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement as modified.
d) If, at any time, you do not wish to accept the Agreement, you may not access, link to, or use the Covered Bond Investor™ Website.
e) Except as provided in this section, this Agreement may not be amended.
f) Any terms or conditions proposed by you that are in addition to or that conflict with this Agreement are expressly rejected by Covered Bond Investor™ LLC and shall be of no force or effect.
15) TERMINATION OF AGREEMENT.
a) You may terminate this Agreement, with or without cause and at any time, by discontinuing your use of the Covered Bond Investor™ Service and destroying all materials obtained from the Service.
b) You agree that, without notice, Covered Bond Investor™ LLC may terminate the Agreement, or suspend your access to the Covered Bond Investor™ Service, with or without cause at any time and effective immediately. The Agreement will terminate immediately without notice from Covered Bond Investor™ LLC if you, in Covered Bond Investor™ LLC’s sole discretion, fail to comply with any provision of the Agreement.
c) Covered Bond Investor™ LLC shall not be liable to you or any third party for the termination or suspension of the Covered Bond Investor™ Service, or any claims related to the termination or suspension of the Service.
d) Upon termination of the Agreement by you or us, you must discontinue your use of the Covered Bond Investor™ Service and destroy promptly all materials obtained from the Service and any copies thereof.
16) GOVERNING LAW AND JURISDICTION.
a) This Agreement shall be governed and construed in accordance with the laws of the United States and the State of Maryland, without giving effect to conflicts-of-law principles thereof.
b) You agree to submit to the personal jurisdiction of the state and federal courts located in Montgomery County in the State of Maryland with respect to any legal proceedings that may arise in connection with the Covered Bond Investor™ Service or from a dispute as to the interpretation or breach of the Agreement.
c) Covered Bond Investor™ LLC makes no representation that the Covered Bond Investor™ Service is appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Covered Bond Investor™ Website you agree to do so subject to the internal laws of the State of Maryland.