Terms and Conditions of Use for this Web Site

This Internet web site (“Web Site”) is maintained by CB Intelligence Inc (CBI). Your use of the Web Site is subject to the following terms and conditions. CBI may revise these terms from time to time by updating this posting. The revised terms take effect as of the date of their posting.

Please read these terms and conditions of use carefully before using this web site. By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, you are not authorized to use this Web Site.

Materials on this Web Site

CBI maintains this Web Site to provide you with information about negotiating corporate banking arrangements; to provide you with access to the CBI National Banking Survey (“Survey”); to provide you with access to CBI’s survey reports including CBI’s 2009 Survey of Canadian Bank Pricing (“Reports”); and to provide you with access to the CBI calculators including CBI’s FX Calculator (“Calculators”).

CBI advises Web Site users that information in the Reports is supplied to us by survey respondents. CBI is not able to verify the accuracy or completeness of this information. CBI does not warrant or represent that this information is complete, accurate, error-free, truthful or reliable. CBI makes also no representation about how information from the Web Site, Reports and Calculator will impact specific bank borrowing cost or service fee negotiations. The outcome of a particular bank borrowing cost and service fee negotiation will depend on many factors, including but not limited to, the financial strength of a company, treasury function structure and strategy, transaction volumes, the willingness of a company to change bankers to achieve its negotiating objectives, a company’s negotiating strength relative to its bankers, the personal skills of individual negotiators, as well as the negotiating strategy a company adopts and its resources and ability to execute that strategy.

Use of Web Site Material

You may download to one computer or print one copy of material on this Web Site for your own non-commercial, educational, private or domestic use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. You should assume that everything you see or read on the Web Site (such as images, logos, photographs, illustrations, icons, text, video clips, written and other materials) is copyrighted, trademarked or are otherwise protected.

You shall not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, or otherwise use, any material in this Web Site or from CBI’s Survey, Reports or Calculators for any public or commercial purpose. Furthermore, you shall not use, post or display material from this Web Site or from CBI’s Survey, Reports or Calculators on the internet or any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use material on the Web Site or from CBI’s Survey, Reports or Calculators will automatically terminate and you must and hereby agree to immediately destroy any copies you have made of any of this material. Unauthorized use of material from the Web Site or from CBI’s Survey, Reports or Calculators is prohibited.

Links to Other Web Sites

You shall not establish a link to CBI’s Web Site unless: (1) the link does not imply any association, endorsement or sponsorship by CBI of your site or any products or services offered on your site; (2) the link is to CBI’s home page at http://www.banksurvey.ca and (3) the home page from the CBI’s Web Site is displayed without alternation of any kind.

On this site you may be offered links to other sites operated by parties other than CBI. The inclusion of any link to such sites does not imply endorsement by CBI of the sites or the services or products offered on such sites. CBI is not responsible for the content or accuracy of material on any sites linked to this Web Site. You link to any other site at your own risk.

Communicating with CBI

Any communication or material you transmit to the Web Site by electronic mail or otherwise transmit to CBI, including, but not limited to, data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by CBI. Unless otherwise noted, by communicating to CBI you automatically grant CBI a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known or hereafter developed. Anything you communicate to CBI may be used by CBI for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.

Web Site Errors

CBI does not warrant that the functional aspects of the Web Site will be error free or that this Web Site or the server that makes it available are free of viruses or other harmful components. If your use of this Web Site results in the need for servicing or replacing property, material, equipment or data, CBI is not responsible for those costs.

Trademarks and Copyrights

Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Web Site without the written permission of CBI or such third party who owns the trademark. Your use of any trademark displayed on the Web Site, except with written permission, is strictly prohibited.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of CBI or its suppliers and is protected by copyright law. The compilation (meaning the collection, arrangement and assembly) of all content on this site is the exclusive property of CBI and is protected by copyright law. All software used on this site is the property of CBI or its software suppliers and is protected by copyright law. Any unauthorized use, including the reproduction, modification, distribution, transmission, republication, display, performance, sale or resale, of the content on this site is prohibited.

Disclaimer of Warranties

Use of the CBI Web Site and related software and any results obtained through the Web Site and related software is at your sole risk. Without limiting the foregoing, everything on the Web Site is provided to you "as is" and "as available" without warranty of any kind. CBI expressly disclaims all warranties of any kind, whether express or implied, relating to the CBI Web Site and any results obtained therefrom, and to the accuracy, timeliness, completeness, appropriateness, or adequacy of the information therein and any results obtained there from, including, without limitation, any implied warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non-infringement.

Any material or service downloaded or otherwise obtained through the Web Site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download and/or use of any such material or service.

Further disclaimers of warranties are more particularly set forth within further sections of this Agreement, the User Agreement and the Purchase Agreement and you confirm that you have reviewed and agree to them.

Limitation of Liability

CBI assumes no responsibility for how you, or a company you represent and/or use information from this Web Site, or from CBI’s Survey, Reports or Calculators. Under no circumstances shall CBI be liable for any loss arising out of, or in connection with, the use of the Web Site, the Survey, Reports or Calculators, whether that use be direct or indirect including, without limitation, any liability for losses relating to any loss of use, interruption of business, lost profits or lost data, or incidental, special or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if CBI has been advised of the possibility of such damages.

Indemnification

You agree to indemnify and hold CBI, its agents and licensors and the like harmless from any claim or demand, include reasonable attorney’s fees, made by any third party in connection with or arising out of your violation of any terms and conditions of this Agreement, the User Agreement or the Purchase Agreement, your violation of applicable laws, or your violation of any rights of another person on entity.

Termination of Agreement

You agree that CBI may terminate your use of the Web Site if CBI reasonably believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or the User Agreement or the Purchase Agreement. You agree that CBI may modify or discontinue this Web Site, with or without notice to you. You agree that CBI will not be liable to you or any third party as a result of such modification or discontinuation. All of your covenants, obligations and responsibilities set forth in this Agreement, the User Agreement and the Purchase Agreement, as applicable, shall survive termination of this Agreement.

Any cause of action you may have with respect to this Web Site must be commenced within six months after the claim or cause of action arises. If any of the terms of this Agreement become or are declared to be illegal or otherwise unenforceable by any Court of competent jurisdiction, such term(s) shall be null and void and shall be deemed deleted from this Agreement. All remaining terms of this Agreement shall remain in full force.

These terms will be governed by and construed in accordance with the laws of Ontario, Canada without regard to its conflicts of law provisions. The waiver by CBI of a breach of any provision of this Agreement will not operate to be interpreted as a waiver of any other or a subsequent breach. Unless otherwise specified, the information and materials in the Web Site are presented solely for the purpose of promoting CBI’s products and services. CBI makes no representation that information on the Web Site and/or the CBI Survey, Reports or Calculators are appropriate for use in every banking negotiation.

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