The Terms set out the terms on which You may make use of the ASSIsT service ("ASSIsT") as a registered user. Use of ASSIsT includes registering to use ASSIsT. We recommend that you print a copy of these Terms for future reference.
ASSIsT is made available to You free of charge by Omgeo Limited (company number 04007732), a private limited company incorporated in England and Wales and authorised and regulated by the Financial Conduct Authority (registration no. 4007732), whose registered office is at Broadgate Quarter, One Snowden Street, London EC2A 2DQ, together with affiliated Omgeo entities under the ultimate ownership of The Depository Trust and Clearing Corporation ("Omgeo", "Our", "Us", "We"). In registering for ASSIsT, You hereby consent to Omgeo:
You understand and agree that:
CONFIDENTIALITY AND SECURITYWe will treat the information You provide to Us, including but not limited to Your SSIs, as confidential ("Confidential Information") in accordance with these Terms. We will only use Your Confidential Information for the purposes for which it was provided to Us. We will take commercially reasonable physical, electronic and procedural security measures to prevent any unauthorized access to or use of Your Confidential Information. We will only disclose Your Confidential Information (a) pursuant to any law, regulation, stock exchange rule or the order of any governmental or regulatory authority exercising applicable jurisdiction over Us, or in compliance with legal process; (b) to prosecute or defend any action or proceeding to which We may be a party; or (c) to the brokers to whom You have granted permission to access the Acronym.
We will include Your Company name in the ALERT community list available to other users of ALERT.
LIMITATION OF LIABILITYNothing in these Terms excludes or limits Our liability arising from Our negligence, fraud or fraudulent misrepresentation that cannot be excluded or limited by English law. To the extent permitted by law, We exclude all conditions, warranties, representations or other terms that may apply to ASSIsT, whether express or implied. Subject to the foregoing, We will not be liable to You for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of or reliance on ASSIsT. In particular, We will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any other indirect or consequential loss or damage.
APPLICABLE LAWThese Terms, the subject matter and the formation of this agreement (and any non-contractual disputes or claims) are governed by English law. You and Omgeo both agree to the exclusive jurisdiction of the courts of England and Wales.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST DISCONTINUE THE REGISTRATION PROCESS AND MUST NOT CLICK THE "ACCEPT" BUTTON.