Terms & conditions
IMPORTANT: THIS AGREEMENT GOVERNS USE OF THIS WORLD WIDE WEB SITE ("SITE") SCOTIAVIEW. BY ACCESSING AND ACCEPTING THE TERMS OF THIS SITE 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.
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 Scotiabank ,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.
Every user of this site is advised to seek professional advice before acting or omitting to act on any part of the site.
7. Every 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.
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 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. Except as expressly stated in this site, 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.
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.
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 of Access, 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. uses 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 IDA, NASD or FSA Rules or 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 of Access and any data that the user inputs while accessing or using the site or its publications.
This site uses "cookies". A "cookie" is a piece of data that a web server creates when the user visits the site and is typically encoded information. Users will not be able to access the site without using the "cookies" placed by the site operator - be they permanent or sessional cookies. A permanent "cookie" is created and retained to identify the user ID, the company ID and the Login Name and more importantly to allow the user to access the site from time to time.
A sessional "cookie" is created each time a user visits the site. This "cookie" is mandatory to enable site visits. If a user turns this temporary "cookie" off (disables it), access to the site will be denied. Sessional "cookies" will be recorded and retained and will identify: (i) a user's user group, (ii) a user's chosen entry page on the site, (iii) whether the Terms of Access have been accepted, (iv) other customized options that may be available and chosen by the user. If changes are made in "cookie" usage, notice of such changes will be posted to this site in advance and in accordance with Section 25.
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 of Access 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). Scotiabank will not divulge this recorded information to anyone, except (i) as expressly contemplated by these Terms, (ii) to competent regulators, (iii) to other authorities, bodies and services in connection with the detection or prevention of criminal activities, or (iv) where compelled or permitted to do so by law. 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 the terms of applicable legislation.
At the present time, Scotiabank does not intend to use such collected information for its or any entity that is related to its marketing or solicitation purposes. However, should it in the future determine otherwise, Scotiabank or a member thereof will provide reasonable notice of such changed intention and will provide each user with the opportunity to opt out of or consent to being solicited by Scotiabank or any such named entity or receiving their marketing materials. 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:
Mr. Jayson Wilson
Associate Director, Technology
40 King Street West
Fax: 416-862-3232 e-mail: firstname.lastname@example.org
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 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 unlawfully acquired content or publications. 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 other consequences that may follow as a result of the third party's use of the unlawfully acquired 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 in relation to any such unlawful acquired 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; ScotiaMocatta; Scotia Waterous; 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.
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. Any action brought by such a user must be brought in the federal or state courts located in Manhattan, City of New York. Such a user consents to the jurisdiction of such courts.
(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. Scotia Capital Inc. is regulated in the United Kingdom by the Financial Services Authority (also known here as the FSA) and this site has been issued and approved by Scotia Capital Inc. This site and its contents are directed in the United Kingdom exclusively at market professionals and institutional investors, and, if you are based in the United Kingdom, you confirm that you are not a private customer as defined by the Financial Services Authority Rules. For those persons located in Switzerland, the information in this site is only directed at, and is only intended for distribution to, and use by, investors that are managing their treasuries in a professional manner as permitted by Swiss law.
24. U.S. Residents: Scotia Capital (USA) Inc. is a wholly owned subsidiary of Scotia Capital Inc. Any U.S. person wishing further information should contact Scotia Capital (USA) Inc. at (212) 225-6500.
25. Standard & Poor’s Financial Services LLC (S&P) has been retained by Scotiabank to provide and distribute to User the Global Industry Classification Standard (GICS) products of S&P and the data contained therein (the S&P Service).
TO: SUBSCRIBER OF S&P Capital IQ Research
FROM: The Bank of Nova Scotia, Scotia Capital Inc. (“SCI”), DWM Securities Inc. (“DWM”), and their respective Affiliates (“SCOTIA GROUP”)
1. Use and Distribution.
(i) Internal Use.
S&P Capital IQ Research may be used solely by you in the ordinary course of business and may not be distributed to any other person, subject to limited exceptions below in (ii) and (iii).
(ii) External Use of S&P Capital IQ Research in its Original Form.
S&P Capital IQ Research may be distributed by you solely to your clients, provided:
(a) the client is a current client of the Scotia Group; and
(b) the S&P Capital IQ Research is not designated on its face as being for internal use only; and
(c) the S&P Capital IQ Research is distributed to your clients on an infrequent, occasional and incidental basis, and at no-charge; and
(d) except as provided below in (iii), the S&P Capital IQ Research is distributed to clients only in S&P’s original form, inclusive of the entire text of the original report or article, the accompanying legally required disclosure, the date of the report or article, and the glossary of terms, and it is not extracted or summarized; and
(e) the S&P Capital IQ Research is distributed not later than sixty (60) days following the date of the S&P Capital IQ Research unless the S&P Capital IQ Research bears its original date, the client is made aware that the report is outdated, and the client is made aware of the most recent S&P Capital IQ Research covering the same subject matter; and
(f) where Articles are concerned, appropriate credit to S&P Capital IQ is given as the source of the data/information, and an appropriate disclaimer of liability on behalf of S&P Capital IQ and its third party information providers in relation to errors or omissions in the data/information and the context from which it is drawn is provided in a form pre-approved in writing by Scotia Group; and
(g) the S&P Capital IQ Research bears all original copyright notices accompanying the original report or article, and
(h) if the report is one of the following reports:
International Company Reports
U.S. Industry Surveys
International Industry Surveys
Trends & Projections Report
U.S. International, European Strategy
the report will not be provided to the client unless it is accompanied by the PDF disclosure, which can be found at this link.
(iii) External Use of Excerpted Portions of S&P Capital IQ Research.
If any reports, presentations and other publications that you distribute to clients utilize or display limited excerpts of data/information from the S&P Capital IQ Research (in each case excluding any S&P Capital IQ Research or ScotiaMcLeod Portfolio Advisory Group report designated for internal-use only which cannot be distributed to clients), including any stock ratings, you agree that:
(a) you will distribute such reports, presentations, and other publications only to current clients of Scotia Group and only on an infrequent, occasional and incidental basis and only on a no- charge basis; and
(b) you will give appropriate attribution to S&P Capital IQ as the source of the excerpted quote/data/information; and
(c) you will include an appropriate disclaimer of liability on behalf of S&P Capital IQ and its third-party information providers in relation to any errors or omissions in the excerpted quote/data/information and the context from which it is drawn, in a form pre-approved and provided in writing by Scotia Group, together with the accompanying disclosures required by Scotia Group.
(iv) Authorized Jurisdictions.
The foregoing rights are limited to the right to access, use and distribute S&P Capital IQ Research in the jurisdictions of Canada, Mexico, Chile, and the Bahamas and are subject to your registration in the relevant jurisdiction as an investment advisor or investment representative of Scotia Group and your compliance with the local laws of the relevant jurisdiction. Any exceptions to this must be pre-approved in writing by the Scotia Group Compliance Department in Canada.
2. User Access. You acknowledge you will be provided with a user access identification code to enable you to access the S&P Capital IQ Research and you agree you will not disclose or otherwise provide the user access identification code to any other party.
3. Termination. Either party may terminate this subscription at any time. You agree that Scotia Group has the right to withdraw your access to S&P Capital IQ Research at any time, without notice.