IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS WEBSITE, OR ANY PAGES HEREOF.
MIZUHO TRUST & BANKING (LUXEMBOURG) S.A (“MHTBL”) PROVIDES YOU, THE USER, (“YOU,” “YOUR,” “YOURSELF,” “USER(S)”) WITH WEB ACCESS TO ONLINE RESOURCES AND CONTENT (THE “SERVICE(S)”) VIA ITS INTERNET WEBSITE (THE “SITE”), SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (“TERMS”). THESE TERMS SOLELY GOVERN YOUR USE OF THE SITE AND MAY BE AMENDED BY MHTBL FROM TIME TO TIME WITHOUT NOTICE TO YOU, UNLESS OTHERWISE AGREED TO IN WRITING BETWEEN YOU AND MHTBL. YOUR CONTINUED USE OF THE SITE SHALL CONSTITUTE YOUR CONSENT TO THE MOST RECENT VERSION OF THE TERMS THAT IS POSTED TO THE SITE.
BY VIEWING THE SITE AND/OR WHEN USING THE SITE ON BEHALF OF YOUR COMPANY (“CLIENT”), YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ACCESS AND USE THE SITE AND TO AGREE TO THE FOLLOWING TERMS ON YOUR AND YOUR COMPANY’S BEHALF. EXCEPT WHERE EXPRESSLY PROVIDED TO THE CONTRARY, “CLIENT” SHALL REFER TO USER AND CLIENT JOINTLY AND SEVERALLY.
USE OF INFORMATION AND MATERIALS
Unauthorized use of the MHTBL Site including but not limited to unauthorized entry into MHTBL’s systems, the Client Area, misuse of Services, passwords, or any information maliciously posted on the Site is strictly prohibited. Not all products and Services are available in all geographic areas. Your eligibility for particular products and Services is subject to final approval by MHTBL and/or its affiliates.
RULES FOR AND LIMITATIONS ON USE OF THE SERVICES
MHTBL MAY MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SERVICES (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE TO YOU. MHTBL WILL NOT BE LIABLE TO YOU, THE CLIENT OR TO ANY THIRD PARTY FOR ANY MODIFICATION OR DISCONTINUANCE OF THE SERVICE, USE OF THE SERVICE, OR ACCESS TO THE SERVICE. YOU MAY NOT REPRODUCE, DUPLICATE, COPY, SELL RESELL OR EXPLOIT FOR ANY COMMERCIAL PURPOSES, ANY PORTION OF THE SERVICE, USE OF THE SERVICE, OR ACCESS TO THE SERVICE. INFORMATION PROVIDED BY MHTBL IS NOT WARRANTED TO BE ACCURATE OR COMPLETE, AND WILL NOT CONSTITUTE A WARRANTY OR REPRESENTATION BY MHTBL.
You agree to comply with all applicable treaties, laws, rules and regulations. You agree to not use the Service or Site to:
1) upload, post, email or otherwise transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; 2) harm minors in any way; 3) upload, post, email or otherwise transmit any User Content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 4) upload, post, email or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 5) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; 6) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 7) interfere with or disrupt the Site or Service or servers or networks connected to the Site or Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Service; 8) collect or store personal data about other users; or 9) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service.
MHTBL’S PROPRIETARY RIGHTS AND LIMITED LICENSES
THE SERVICE, INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, INFORMATION, LINKS, SOFTWARE OR OTHER ITEMS ARE PROVIDED "AS IS," "AS AVAILABLE". MHTBL DOES NOT WARRANT THE AVAILABILITY, ACCURACY, CURRENCY, ADEQUACY OR COMPLETENESS OF THIS SERVICE, INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS AND FOR ANY INTERRUPTIONS, DELETION OF FILES, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE OF THE SERVICE. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE SERVICE, INFORMATION AND MATERIALS. IF YOU ARE DISSATISFIED WITH THE SERVICE, INFORMATION OR MATERIALS OR ANY OF THE TERMS, CONDITIONS, RULES, POLICIES OR PRACTICES HEREOF, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
LIMITATION OF LIABILITY
IN NO EVENT WILL MHTBL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE, ANY INFORMATION RECEIVED FROM THE SITE, ANY E-MAIL DISTRIBUTED TO ANY USER OR ANY LINKED WEBSITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF MHTBL, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
You and Client, jointly and severally, will indemnify and keep indemnified MHTBL, and its respective directors, officers, employees and agents, fully and effectively (to the fullest extent permitted by law) from and against any and all claims, actions, demands, proceedings, losses, liabilities, damages, costs and expenses (including legal fees, costs and expenses on a full indemnity basis) suffered or incurred by MHTBL arising out of or relating directly or indirectly to: (i) Client's actions that are inconsistent with or in breach of these Terms and the foregoing shall include (but not limited to) any claim of defamation, libel, slander, obscenity, invasion of privacy or any allegation thereof or infringement or alleged infringement of copyright, trademark, moral right, trade secret, database rights or patent or of obligations of confidence or any other claims anywhere in the world brought by third parties or any failure by Client to meet any third party obligations; (ii) Client's violation of any applicable national or international law, rule or regulation in connection with its use of the Site; and (iii) any third party claims arising out of or in connection with Client's use of or inability to use the Site.
NO CONTRACTUAL OBLIGATIONS
Except as otherwise specifically agreed in writing or as provided in any other terms and conditions applicable to transactions conducted between Client and MHTBL through the Site, nothing on this Site is an offer which can be accepted by Client so as to create contractual obligations without further action by MHTBL.
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws and, as between You and MHTBL, MHTBL shall own all right, title and interest in and to the Service and the Software, subject only to the express licenses granted herein. The content contained in the information presented to You through the Service is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by MHTBL, You may not modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part.
Subject to the Terms, MHTBL grants You a personal, non-transferable and non-exclusive right and license to use the Site on a single computer at a time. You may not and may not allow any third party to, copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Site or any part thereof. You agree not to modify the Site in any manner or form, or to use modified versions of the Site, including without limitation for the purpose of obtaining unauthorized access to the Service.
The MHTBL name and the Mizuho logo and other Mizuho product and service names are trademarks of Mizuho Financial Group Inc. (the “Mizuho Marks”). You agree not to display or use the Mizuho Marks in any manner without Mizuho Financial Group’s prior written permission. INTERNATIONAL USE
Recognizing the global nature of the Internet, You agree to comply with all applicable local laws and rules regarding online conduct and acceptable User Content. Without limiting the generality of the foregoing, You agree to comply with all applicable laws regarding the transmission of technical data exported from the Grand-Duchy of Luxembourg or the country in which You reside.
This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. Technical or service affecting situations on this Site which can result in the service being temporarily or permanently suspended may arise. Service may not be available at all times due to regular maintenance, upgrades, technical problems, and other reasons.
Certain sections or pages on this Site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
Use of this Site shall be governed by all applicable laws of the Grand-Duchy of Luxembourg. You and MHTBL agree to submit to personal and exclusive jurisdiction of the courts located within Luxembourg. YOU AND MHTBL HEREBY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THIS SITE. The failure of MHTBL to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court or arbitrator of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
LAST UPDATED NOVEMBER 2006
COPYRIGHT © MIZUHO TRUST AND BANKING CO. 2006. ALL RIGHTS RESERVED. Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by MHTBL unless otherwise indicated.