TERMS & CONDITIONS

 As used herein, "this Agreement" and "Terms and Conditions" refer to the terms and conditions below.  The terms "you, "your" and "user of this website" refer to any visitor to this website.  The terms "we," "us" and "our" refer to "Banesto," as defined herein. 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.  BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO ACCESS THIS WEBSITE.  WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF OR ACCESS TO THIS SITE AT ANY TIME, FOR ANY REASON.

IN ADDITION, THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, AND IN OUR SOLE DISCRETION.  WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING THEM HERE. 

 Who We Are

Legal entity disclosure

Banesto is the marketing name for Banco Español de Crédito, S.A. and its subsidiaries and affiliates worldwide.  Securities activities are performed by Banesto Securities, Inc., the broker affiliate of Banco Español de Crédito, S.A., member NASD and SIPC.  Lending and other commercial banking activities are performed by Banco Español de Crédito, S.A., New York Branch.

Your Use of This Website

You are strictly prohibited from any unauthorized use of our systems or this website, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to this website.

Damage That You Cause

YOU ARE RESPONSIBLE FOR ANY DAMAGE YOU CAUSE.  You agree to indemnify us, defend us, and hold us harmless, as well as our parents, subsidiaries, affiliates, officers, directors, employees, consultants, agents and co-branders from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from (1) your use of or access to this website, (2) your violation of these Terms and Conditions, (3) your violation of any rights of any other person or entity, or (5) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by you into this website, whether or not such input was deliberate.  In addition, you will be responsible for any such claims, liabilities, etc.  resulting or arising from such actions by anyone accessing this website using your password.  Finally, you may not under any circumstances bypass, or assist or permit any other person to bypass, these Terms and Conditions without manifesting assent hereto. 

Security

You agree to establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals.  You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy our web pages, or the data or content contained therein, for any purpose without our prior written permission.

 Information We Gather When You Visit This Website

Your use of this website may be monitored, tracked and recorded.  YOU HEREBY CONSENT TO SUCH MONITORING, TRACKING AND RECORDING.

 Intellectual Property Rights

Copyright Ownership and Use

All works of authorship contained in this website, including but not limited to all design, text, sound recordings, and images, are owned, except as otherwise expressly stated, by Banesto.  Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without our prior written consent, except to the extent otherwise permitted by the Copyright Act of 1976 (17 U.S.C. ' 107), as amended, and other applicable U.S. laws.  Distribution includes, without limitation, making any such materials or information available via the Internet, or via any other electronic means of access.  Except for any third party exchange data, you may download information and print out a copy for your personal use, so long as you do not remove any copyright or other notice as may be contained in such information as downloaded.  Third party exchange data, if any, may not be downloaded, printed or redistributed for any purposes whatsoever. 

Trademark Ownership and Use

"Banesto," "Banco Español de Crédito," "Banesto Securities, Inc.," and "BSI," are trademarks of Banco Español de Crédito, S.A.  Other featured words or symbols, used to identify the source of goods and services, may be trademarks of their respective owners.  Nothing herein authorizes you to reproduce or otherwise use any of these trademarks in any way, and you hereby agree not to use any such trademarks without our express written permission. 

Important Disclaimers

Reliability of Website Information

The information on this website is for convenience purposes only.  We provide it subject to our good faith belief that it is reliable, but we cannot and do not warrant its reliability, nor its completeness, timeliness or accuracy.  You access, use, and rely upon such information at your own risk.  Please seek the advice of professionals before relying on any information on this website.  The information on this website is not intended as an offer or solicitation for the purchase of any stock or other financial instrument, or to provide any investment service or investment advice. 

Suitability and Appropriateness

Securities or financial instruments mentioned in this website may not be suitable or appropriate for all investors or in all geographical areas.  Your particular needs, investment objectives and financial situation were not taken into account in the preparation of this website and the materials contained herein.  You must make your own independent decisions regarding any securities or financial instruments mentioned herein.  The fact that we provide investment information through this website does not mean that we recommend that you enter into any particular transaction, and we make no representation that any particular financial instrument is suitable or appropriate for you.  You should consider whether an investment strategy or the purchase or sale of any product is appropriate for you in the light of your particular investment needs, objectives and financial circumstances, and in consultation with a professional investment advisor.

Banco Español de Crédito, S.A., is not insured by the FDIC.  Securities (including mutual funds) products are not bank deposits and are also not insured by the FDIC or any other agency of the United States, nor are they obligations of, nor insured or guaranteed by Banco Español de Crédito, S.A. or any of its subsidiaries or affiliates.  Securities involve investment risks, including the risk of loss of value.  Your eligibility for particular products or services is subject to final determination and acceptance by Banesto.

WE OR OUR SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU.  WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY INFORMATION ON THIS WEBSITE.  WE RESERVE THE RIGHT TO TERMINATE ANY OR ALL WEBSITE TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU.  FURTHERMORE, NO DISTRIBUTION OR SOLICITATION IS MADE BY US TO ANY PERSON TO USE THIS WEBSITE OR THE INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THIS WEBSITE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.

Potential Disruption of Service

Access to this website may from time to time be unavailable, delayed, limited or slowed due to, among other things:

•     hardware failure, including among other things, failures of computers (including your own computer), servers, networks, telecommunication  lines and connections, and other electronic and mechanical equipment;

•     software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;

•      overload of system capacities;

•      damage caused by severe weather, earthquakes, wars, insurrection, riots, terrorism, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;

•      interruption (whether partial or total) of power supplies or other utility of service;

•      strike or other stoppage (whether partial or total) of labor;

•      governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or

•      any other causes (whether similar or dissimilar to any of the foregoing) beyond our control. 

If access to this website is unavailable, delayed or limited, or if this website does not operate quickly and efficiently, you may be unable to transmit your instructions for transactions and other matters.  Such instructions may not be promptly executed, and you may be unable to retrieve information on a timely basis.  If your operations are dependent on such communications with us, and such communications are disrupted or delayed, you may suffer losses.  Banesto will not be liable for any such losses.

Links to other sites

Links to unaffiliated websites are provided solely as pointers to information on topics that may be useful to users of this website, and we have no control over the content on such unaffiliated websites.  If you choose to link to a website we do not control, we make no warranties, either express or implied, concerning such unaffiliated websites.  For example, we make no warranties concerning your use of or inability to use such site, the content of such site (including the accuracy, completeness, reliability, or suitability thereof for any particular purpose), or that such site or content is free from viruses or other contamination.  Links to unaffiliated sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, and we expressly disclaim any such endorsement or representation.  In addition, these third party websites may have a privacy policy or security practices different from this website, so it is important to read the policies of those sites before sharing your personal information.

LIMITATION OF LIABILITY

BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THIS WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THIS WEBSITE) IS PROVIDED "AS IS" AND "AS AVAILABLE." WE, OUR AFFILIATES, AND ANY THIRD PARTY DATA PROVIDERS:

      DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THIS WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE;

     DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS AND INFORMATION; AND

     WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, ANY INCOMPATIBILITY BETWEEN THIS WEBSITE AND THE USER'S FILES OR THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER. 

Nothing herein shall be construed as limiting or reducing our responsibilities and obligations to clients in accordance with applicable laws and regulations.

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THIS WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

 Additional Terms.

Other Terms On Our Website.

Some of our other websites or pages within this website contain supplemental terms and conditions and additional disclosures and disclaimers, which are in addition to these Terms and Conditions.  In the event of a conflict, those supplemental terms and conditions and additional disclosures and disclaimers will govern, as applicable.

Links to Other Sites with Different Terms

Through this Website, you may have access to other websites that are not controlled by us.  For example, if you elect to check your balances with us through this website, you may be directed to log into a website operated by a third party.  Such sites may have terms of use and/or privacy policies that differ from ours, and you hereby acknowledge and agree that you will be subject to the terms and conditions of use and privacy policies applicable to such other websites. 

 Governing Law and Interpretation

If any of the terms or provisions of these Terms and Conditions are held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision.  These Terms and Conditions are subject to any other agreements you have entered into with us.  The section headings used herein are for convenience only and shall not be given any legal import.

Your access to and use of this website are governed by these Terms and Conditions, the laws of the State of New York, and applicable U.S. federal laws. 

Actions against Banesto arising from or relating to your access to or use of this website, or the Terms and Conditions of this agreement, may be brought only in a state or federal court located in the State of New York, County of New York.  You consent to the jurisdiction and venue of the state and federal courts located within the State of New York, County of New York, for any such action, as well as for the adjudication of all claims by Banesto against you arising from or relating to your access to or use of this website, or these Terms and Conditions.