Please read the following legal notice/terms and conditions of use (“Terms of Use”) carefully before accessing the website (the “Website”) of Union Pacific Capital. By accessing the Website, you confirm that you have read and understood the Terms of Use and agree to all the terms set out herein. If you do not understand or do not agree to any of the terms contained in the Terms of Use, do not access or use this Website or our services in any way.

01 — General Provisions

This Website offers certain information about the manner of which Union Pacific Capital and its affiliates (UPC) provide products and services. No information on this Website is intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution, publication or use would be contrary to local law or regulation or in which Union Pacific Capital does not hold any necessary registration, license or exemption to license. Individuals or legal entities to whom such prohibitions apply, whether on grounds of their nationality, their place of residence or on other grounds, must not access or use this Website.

02 — Use of information and material

This Website and the information herein is for general information purposes only. In addition, the information and materials contained in this Website are subject to change without notice. Not all products and advisory or management services are available in all geographic areas. Your eligibility for particular products and advisory or management services is subject to local law and regulation. Unauthorized use of the Website and Union Pacific Capital systems, including but not limited to unauthorized entry into Union Pacific Capital system, misuse of any information posted on this Website, is strictly prohibited. Your eligibility for a particular product or service is subject to final determination by Union Pacific Capital. Union Pacific Capital reserves the right to change these Terms of Use from time to time or at any time. Please read them whenever you access the Website to ensure that you agree to the terms of any amended version. If you do not understand or do not agree to any of the terms contained in the Terms of Use currently in effect, do not access or use this Website in any way.

03 — No advice, offers or solicitations

The information and materials in this Website should not be construed as to provide tax, legal or investment advice. In addition, the information and materials herein shall not constitute an offer or solicitation, or an offer of any advisory or management service in any jurisdiction where a license is required. Users are urged to base their investment and financial decisions upon a thorough investigation and to obtain independent  professional advice.

 

04 — Security

Please note that when using any Internet facility (such as this Website), data is transported over an open network that is accessible to third parties and may not be secure and there is a risk that information may be corrupted or interrupted during transmission or that any encryption technology may not provide complete protection. Data is also regularly transmitted across international borders. This also applies to data transfers where both the sender and recipient are located in the same country.

05 — Investigation and disclosure of information

Union Pacific Capital has the right, but not the obligation, to monitor any activity and material associated with this Website. Union Pacific Capital may investigate any complaint or reported violation of its policies and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspending or terminating your use of all or any portion of this Website and denying you access to all or any portion of this Website. Union Pacific Capital also reserves the right to report any activity that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other persons or entities. In order to cooperate with governmental requests, to protect Union Pacific Capital systems and other users, to ensure the integrity and operation of the Website, business or systems, or otherwise to comply with the law and legal process, Union Pacific Capital may access and disclose any information it considers necessary or appropriate.

Please also read our Privacy Policy which explains how personal information you provide to us will be used. The Privacy Policy forms an integral part of these Terms of Use.

06 — Disclaimer of warranties

Union Pacific Capital has exercised the utmost care in compiling the information contained on this Website. Information provided on the Website is constantly updated and checked for accuracy. However, neither Union Pacific Capital nor its contracting partners makes any representation or warranty (whether express or implied) that any information published on the Website is accurate, reliable, up-to-date or complete. In particular, Union Pacific Capital is under no obligation whatsoever to update or remove outdated information or opinions from the Website or to mark them as being outdated. The information and opinions contained on the Website are subject to change at any time without notice.

Moreover, no warranty is given that this Website will operate error free or without interruption, that any faults will be corrected, or that this Website and servers from which information is accessible will be free of viruses, trojan horses, worms, software bombs or other harmful components and programs and Union Pacific Capital accepts no liability in respect thereof.

Past performance of an investment instrument is not necessarily indicative of its performance in the future, and nothing on this Website should be interpreted to state or imply otherwise. Investments in foreign currencies are also subject to exchange rate fluctuations. Distributions paid out in connection with an investment instrument may also vary. Union Pacific Capital gives no warranty as to (i) the growth or preservation of any capital invested in an investment instrument and (ii) the amount of any future distributions.

All information available on this website, including but not limited to financial market data, price data, reports, research and other financial information is based on carefully selected sources that are deemed to be reliable. All information is provided to users on an “as is” and “as available” basis without any representation or warranty either express or implied as to quality, originality, non-infringement of intellectual property rights or fitness for a particular purpose.

07 — Limitation of liability

Union Pacific Capital gives no warranty that the information provided on its website is up-to-date, accurate or complete and accepts no liability in respect thereof. Union Pacific Capital shall not be liable for any direct or indirect loss or damage, including but not limited to loss of profit, that may be suffered as a result of information provided on this Website, or for any loss or damage resulting either directly or indirectly from use of this Website and the information contained therein or from risks associated with the financial markets. Union Pacific Capital shall only be liable for loss or damage attributable to ordinary negligence if such loss or damage was foreseeable. Liability for consequential loss and loss of profit is hereby excluded.

08 — Indemnity

You agree to indemnify, defend and hold harmless Union Pacific Capital from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising from or relating to: (a) your use of this Website; (b) your breach of any terms and conditions contained in these Terms of Use or any representation, warranty or covenant made by you herein; or (c) your violation of any applicable law, statute, ordinance, regulation or any third party’s rights. This obligation survives the termination of these Terms of Use.

09 — No orders

The input fields in this Website are not intended to be used for placing orders (e.g. orders for the purchase/sale of investment instruments) with Union Pacific Capital. Union Pacific Capital shall not execute any orders placed in this way or notify the sender accordingly, and no legally binding contract shall come into effect between the sender and Union Pacific Capital.

10 — Intellectual property, copyright and trademarks

All components of this Website are protected by intellectual property laws and are the property of Union Pacific Capital or third parties. Users shall not acquire any rights, including rights in or to any software, trademarks or components of this Website, by downloading or printing any material from this Website.

Copyright notices and trademarks may not be changed or removed. Components of the Website may not be reproduced in whole or in part in any manner or form (including electronic or printed form) without the prior written consent of Union Pacific Capital and unless full acknowledgement of the source is provided.

Users are not permitted to create hyperlinks or inline links from other websites to this Website without the prior written consent of Union Pacific Capital.

11 — Potential conflicts of interest

Union Pacific Capital, its directors or employees may have previously invested, may be currently investing or may in future invest in investment instruments in respect of which information or opinions are provided on this Website. It is also possible that Union Pacific Capital has previously provided, is currently providing or will in future provide services to the issuers of such investment instruments, including, for example, corporate finance or market making services.

Furthermore, it is possible that employees or directors of Union Pacific Capital have previously performed, are currently performing or will in future perform certain functions on behalf of the issuers of such investment instruments, e.g. serving as director. Union Pacific Capital, its directors or employees could therefore have an interest in the future performance of investment instruments.

12 — Links to other websites

This Website may contain links to the websites of other providers and information supplied by such providers (“External Links”). Union Pacific Capital provides links to external websites in addition to its own information solely with a view to enhancing user-friendliness and providing information to users. Union Pacific Capital has no control over the content of such external websites and accepts no responsibility or liability in respect of the accuracy, reliability, completeness, truth or currency of such material or its fitness for a particular purpose. Union Pacific Capital excludes all liability, including but not limited to liability for any direct or indirect loss or damage or any consequences that may arise out of or in connection with the use of content on external websites. Although linked websites are carefully selected, Union Pacific Capital has no control over the content of such websites. Accordingly, Union Pacific Capital accepts no liability in respect of the content of External Links, including in particular any content that is altered after the link was created. Union Pacific Capital is not responsible for transferring such information, selecting the information sent or the recipients thereof, or altering any information provided. Such External Links are not automatically stored by Union Pacific Capital on a temporary basis due to the method used for creating and accessing links. Operators of websites accessible through the External Links are therefore solely responsible for the content of linked websites.

Moreover, Union Pacific Capital provides no warranty or representation that such websites or the contents thereof do not or will not infringe on any third-party copyright, trade mark or other rights, or that such websites or the contents thereof are free of viruses or other harmful components. No warranty is given as to the authenticity of any documents available on the Internet.

13 — Assignment and delegation

Both Union Pacific Capital and its legal successors and agents are entitled to rely on these Terms of Use. Union Pacific Capital may assign any rights accruing to it under these Terms of Use. Union Pacific Capital may also delegate its duties or assign any of its obligations under these Terms of Use to third parties.

14 — Enforceability of disclaimers

The disclaimers set out above shall be deemed to form part of the content of any websites from which reference to this Website was made. If any sections or individual provisions hereof are or become illegal or unenforceable either in whole or in part, such sections or provisions shall not affect the content or validity of the remaining parts of the document.

15 — Applicable law/place of jurisdiction

Access to and use of the Website as well as the Terms of Use shall be governed by and construed in accordance with the law of Federation of St. Kitts & Nevis.