Terms

Terms of Use

These Terms of Use apply to EquitiesFirst.com as well as any other affiliated sites, digital services, or applications on which a link to these Terms of Use appears (collectively, the “Website”) and apply to all visitors. These Terms of Use and any other terms that appear on the page from which you were directed to these Terms of Use govern your use of the Website. By accessing the Website, you agree to be legally bound by the Terms of Use then in effect. Please also refer to the relevant additional legal information applicable to your country.

These Terms of Use as well as the information and materials contained in the Website are subject to change at any time and from time to time, without notice. EquitiesFirst may add features to or remove features from the Website at any time and from time to time in our sole discretion. Continued access to the Website following any modification in these Terms of Use will constitute your acceptance of the Terms of Use as modified.

If you do not agree to be bound by these Terms of Use, do not use the Website.

Access Subject to Local Restrictions

The Website and all information and functionalities contained within them are not directed at or intended for use by any person resident or located in any jurisdiction where (1) the distribution of such information or functionality is contrary to the laws of such jurisdiction; or (2) such distribution is prohibited without obtaining the necessary licenses or authorizations by the relevant branch, subsidiary or affiliate office of EquitiesFirst and such licenses or authorizations have not been obtained.

Services and Products

Products and services displayed on the Website may not be eligible for sale or available to residents of certain countries or certain categories of investors. Please consult the applicable terms and conditions such as sales restrictions or key specific notes for further information.

Any materials, information or reports published, distributed or otherwise made available on the Website is published for information purposes and is subject to change at any time without notice. They have no regard to the specific investment objectives, financial situation or particular needs of any specific recipient and should not be construed as a solicitation, offer or recommendation, to buy or sell any securities, investment or other financial instruments, to effect any transactions or to conclude any legal act of any kind whatsoever. Unless specifically stated otherwise, all price information is indicative only. No representation or warranty, either express or implied, is provided in relation to the accuracy, completeness or reliability of the materials, nor are they a complete statement of the securities, markets or developments referred to herein. The materials should not be regarded by recipients as a substitute for the exercise of their own judgment. Any opinions are subject to change without notice and may differ or be contrary to opinions expressed by other business areas or groups of EquitiesFirst as a result of using different assumptions and criteria. EquitiesFirst is not under any obligation to update or keep current the information contained herein nor to remove any outdated information from the Website or to expressly mark it as being outdated.

No Offer

All information and materials published, distributed or otherwise made available on the Website are provided for informational purposes, for your non-commercial, personal use only. No information or materials published on the Website constitutes a solicitation, an offer, or a recommendation to buy or sell any investment instruments, to effect any transactions, or to conclude any legal act of any kind whatsoever.

EquitiesFirst does not provide investment, legal or tax advice through the Website and nothing herein should be construed as being financial, legal, tax or other advice. EquitiesFirst does not represent that any securities or services discussed are suitable for any investor. No investment or other decisions should be made solely based on the contents or information found on the Website.

When making a decision about your investments, you should seek the advice of a professional financial advisor or qualified expert.

Performance

The future performance of an investment cannot be deduced from previous market value, i.e. the value of an investment may fall as well as rise. An investment may also lose value due to changes in rates of foreign exchange. EquitiesFirst cannot guarantee that any capital invested will maintain or increase in value.

Forward Looking Statements

The Website may contain statements that constitute “forward looking statements”. While these forward looking statements may represent EquitiesFirst’s judgment and future expectations, a number of risks, uncertainties and other important factors could cause actual developments and results to differ materially from EquitiesFirst’s expectations. EquitiesFirst is under no obligation to (and expressly disclaims any such obligation to) update or alter its forward looking statements whether as a result of new information, future events, or otherwise.

No Warranty

Your use of the Website is at your own risk. The Website, together with all content, information and materials contained therein, is provided “as is” and “as available” “, without any representations or warranties of any kind. Any materials, information or content accessed, downloaded or otherwise obtained through the use of the Website is done at your own risk and EquitiesFirst is not responsible for any damage to your computer systems or loss of data that results from the download of such material. EquitiesFirst and its affiliates expressly disclaimer all representations or warranties of any kind, whether express or implied, with respect to the Website, and all materials, information, content and functionalities contained herein, including but not limited to warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, EquitiesFirst does not warrant the accuracy, timeliness, completeness, security, reliability or availability of the Website or the information or results obtained from use of the Website, or that the Website will be available at all times, or is virus-free or error-free.

No Liability

To the fullest extent permitted by law, in no event shall EquitiesFirst or our affiliates, or any of our directors, employees, contractors, service providers or agents have any liability whatsoever to any person for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or in tort, including negligence, or otherwise, arising out of or related to the use of all or part of the Website, or any links to third party websites.

You are solely responsible for acquiring and maintaining such electronic devices and equipment that can handle and will allow you to access and use the Website and for taking adequate and appropriate data security measures in accordance with good industry practice to protect yourself against fraud or cyber-attacks on a continuous basis (e.g. by using the most recent browser versions, and installing recommended security patches and up-to-date anti-virus programs and firewalls). EquitiesFirst specifically disclaims all liability for any tampering with any user’s computer system by unauthorized parties, or for losses or liabilities suffered by any user arising from viruses or attacks by hackers.

In no event will EquitiesFirst or its affiliates, or any of its officers, directors, employees, contractors, service providers or agents be liable for any incidental, special, punitive or consequential damages howsoever caused arising out of the use of the Website, its content, or the inability to use the Website.

This disclaimer of liability applies to any and all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, or unauthorized access, whether for breach of contract, tortious behavior, negligence or under any other cause of action.

Links

The Website may contain third party content or links to third party websites. These content and links are provided solely for your convenience and information. EquitiesFirst has no control over, does not assume any responsibility for and does not make any warranties or representations as to, any third party content or websites, including but not limited to, the accuracy, subject matter, quality or timeliness. EquitiesFirst shall have no liability for third party content or websites or websites linking to or framing the Website.

Intellectual Property Rights

EquitiesFirst, or the applicable third party owner, retains all right, title and interest (including copyrights, trademarks, patents, as well as any other intellectual property or other right) in all information and content (including all text, data, graphics and logos) on the Website. Individual pages and/or sections of the Website may be printed for personal or internal use only, and provided that such print outs retain all applicable copyright or other proprietary notices. All users must not, without limitation, modify, copy, transmit, distribute, display, perform, reproduce, publish, license, frame, create derivative works from, transfer or otherwise use in any other way, whether in whole or in part, any information, text, graphics, images, video clips, directories, databases, listings or software obtained from the Website for commercial or public purposes, without the prior written permission of UBS. Systematic retrieval of content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the Website without the prior written permission from EquitiesFirst is strictly prohibited.

The key symbol and EquitiesFirst are among the registered and unregistered trademarks of EquitiesFirst. Other marks may be trademarks of their respective owners. Except as noted above, you may not use any trademarks of EquitiesFirst for any purpose without the prior written permission of EquitiesFirst.

Privacy Statement

EquitiesFirst has established a Privacy Statement, as modified from time to time, which explains how personal data is collected on the Website and used. The Privacy Statement is part of these Terms of Use and is incorporated herein by reference.

Severability Clause

To the extent that any provision of these Terms of Use is found by any competent court or authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed to be severed from these Terms of Use but such finding shall not affect the validity, lawfulness or enforceability of the remainder of these Terms of Use in that jurisdiction, nor shall it affect the validity, lawfulness or enforceability of these Terms of Use in any other jurisdiction.

Conflict with Additional Terms

Certain web pages or areas on the Website may contain additional terms, conditions, disclosures and disclaimers (collectively, the “Additional Terms”). In the event of a conflict between these Terms of Use and the Additional Terms, the Additional Terms will govern for those web pages or areas.