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LEGAL DISCLAIMER

1. GENERAL TERMS

1.1. These general terms (hereinafter "general terms") regulate access to, browsing and use of the website http://www.capi.es (hereinafter, the "Website"), and the liabilities derived from the use of its contents (taking "contents" hereinafter to mean the texts, graphics, drawings, designs, codes, software, pictures, music, videos, sounds, databases, images, expressions and information, and any other creation protected by national laws and international treaties on intellectual property).

1.2. Access to or merely use of the Website by the User implies the User's full unreserved acceptance of each and every one of the general terms published by CM Capital Markets Group (hereinafter "CM Capital Markets") from time to time as and when the User enters the Website. Consequently, the User shall read these general terms carefully before using the Website.  Access to certain restricted areas of the Website shall require the User to have previously expressly accepted these general terms.

1.3. Independently of these general terms, CM Capital Markets may lay down specific terms regulating the use and/or hiring of specific services offered to the Users at and/or through the Website. Therefore, before using and/or hiring those specific services, the User shall also carefully read the relevant specific terms. The use and/or hiring of those specific services implies an express and unconditional acceptance of the specific terms by which they are regulated in the version published by CM Capital Markets at the time of that use and/or hiring.


2.  INTELLECTUAL PROPERTY RIGHTS

2.1. CM Capital Markets owns or is duly licensed to use the copyrights and industrial property rights of the Website, and the contents available through the same. 

2.2. Allowing Users access to the Website shall at no event imply a full or partial waiver, transfer, licence or assignment of those rights by CM Capital Markets. 

2.3. Deleting, avoiding or manipulating the copyright notice ("copyright notice") and any other details identifying the rights of CM Capital Markets or of their proprietors incorporated to the contents, and the technical protection devices, digital trails or any information and/or identification mechanisms that may be included in the contents, is expressly prohibited.

2.4. Howsoever modifying, copying, reusing, exploiting, reproducing, publicly communicating, making second or subsequent publications, loading files, e-mailing, transferring, using, processing or distributing all or part of the contents included at this Website for public or commercial purposes, other than with the express written authorisation of CM Capital Markets or the proprietor of the relevant rights, as the case may be, is also prohibited. 

2.5. capi.es, capi.com.es, capi.nom.es capi.org.es, capi.ws, capi.cn, capi.com.cn, cmcapitalmarkets.es, capibroker.com, capitrade.es, capitrade.com.br , cm capitalmarkets.com, cmcapitalmarkets.com.br, cm-capitalmarkets.com, cm-capitalmarkets.es and cm-capital-markets.es and any other domain that may henceforth be added to that list, are domains registered by CM Capital Markets. The CM Capital Markets domains cannot be used in connection with other contents, products or services not owned by CM Capital Markets in any way that is likely to generate confusion among end users or discredit CM Capital Markets.

2.6. CM Capital Markets reserves the right to use the names capi.es, capi.com.es, capi.nom.es capi.org.es, capi.ws, capi.cn, capi.com.cn, cmcapitalmarkets.es, capibroker.com, capitrade.es, capitrade.com.br , cm capitalmarkets.com, cmcapitalmarkets.com.br, cm-capitalmarkets.com, cm-capitalmarkets.es and cm-capital-markets.es, CM Capital Markets, CM Capital Markets Holding, CM Capital Markets Brokerage, CM Capital Markets Bolsa, CM Capital Markets CCTVM, CM Capital Markets DTVM, CM Capital Markets Comercio y Serviços de Informática, CM Capital Markets Europe, CM Capital Markets Latinamerica and District Investment, and any other name or domain that may henceforth be added to the list in the field of business in which CM Capital Markets carries on its activities and related fields. Similarly, CM Capital Markets reserves the right to prohibit and prevent the use of names derived therefrom to the extent that their similarity may generate error or confusion as to the signs or names or the business origin of the services.


3.  ACCESS, DATA PROTECTION AND SECURITY

3.1 Users may freely access the CM Capital Markets Website at no charge, although they shall need a password or, as the case may be, provide their details on a registration form to use and/or hire certain services and/or access certain information or contents.

3.2. Unless otherwise specified, completion of all fields on the relevant registration form shall be compulsory in order to hire and/or use each of the various services offered and provided at the Website. 

3.3. Users shall complete the registration procedure providing truthful, current, full and accurate information, and shall have to notify CM Capital Markets forthwith of any change in that information. Should CM Capital Markets suspect that any information provided during the registration period is false or that the User has failed to notify CM Capital Markets of any change, CM Capital Markets reserves the right to cancel the service or, as the case may be, terminate its relationship with the User, notifying the User of that decision as soon as possible. 

3.4.  CM Capital Markets shall process the User's personal data as established in the Privacy Policy. 


4. USE OF THE WEBSITE AND OF THE WEBSITE SERVICES

4.1. The services included at this Website are designed for institutional clients and businesses. The information and opinions contained at this Website, and the programs and tools provided at the same, are intended for information only, and are under no circumstances intended as an offer or recommendation to buy or sell financial products or instruments or subscribe for products or services. 

4.2. The information and services contained at this Website are not designed for or targeted to individuals or entities residing in countries or jurisdictions in which those contents or services are not authorised by the applicable laws, and the User shall be entirely liable for the use of that information or those services in breach of the User's personal law.

4.3. Any use of the Website and its contents in breach of good faith is prohibited including, for illustration only, collecting and/or using other Users' personal data without their consent, spam, use of advertising or any other means for duplicating or sending unsolicited messages (commercial or otherwise), using a false identity, e-mail address or header, or transmitting any contents that CM Capital Markets might consider obscene, abusive, unlawful, racist, derogatory or constitutes harassment or otherwise infringes third-party rights, and in general any use in breach of the law, ethics, good practices or public policy. 

4.4. Should the User be provided with a password for using and/or hiring a service, the User shall agree to properly use and keep secret the password for accessing these services. Consequently, Users will be liable for properly safekeeping and holding in confidence any identifiers and/or passwords they may be supplied by CM Capital Markets, undertaking not to allow third parties to use the same, either for the time being or permanently, and not to allow unrelated or unauthorised parties access thereto. The User shall be liable for all expenses, damages and losses resulting from the use of the services by any unlawful third party employing to that end a password due to an improper use or loss there by the User. 

4.5. Accordingly, the User shall be bound to forthwith give the managers of the CM Capital Markets Website satisfactory written notice of any event allowing the identifiers and/or passwords to be wrongly used, such as theft, misplacement, or unauthorised access thereto, in order to proceed to forthwith cancel the same. Until and unless those events are notified, CM Capital Markets shall be excused from any liability whatsoever deriving from the improper use of the identifiers or passwords by unauthorised third parties. 

4.6. The User shall be exclusively liable for accessing, browsing and using the Website, and therefore CM Capital Markets shall not be directly or secondarily liable for any direct or indirect damages, lost profit or consequential damages, including any loss of information or business interruption, caused by the User to the detriment of third parties. 

4.7. Subject to the provisions of the preceding paragraph, in the event that CM Capital Markets should pay an administrative fine or any compensation whatsoever resulting from an administrative decision or a judgment finding against it or a settlement agreement caused by a breach of any of the undertakings made by the User under these general terms, the User shall reimburse CM Capital Markets for the amount so paid within thirty (30) days of the date on which the User receives the appropriate written notice sent by CM Capital Markets. 

4.8. The User undertakes to duly and faithfully observe any additional instruction issued by CM Capital Markets or by authorised personnel of CM Capital Markets concerning the use of the site and its contents. In that connection, CM Capital Markets or the authorised personnel of CM Capital Markets shall contact Users through addresses and/or corporate identifiers such as contacto@cmcapitalmarkets.es. 

4.9. Notwithstanding the provisions in the specific terms for each specific service, CM Capital Markets reserves the right to refuse or withdraw access to the site and/or to the contents, at any time and without notice, of its own accord or upon a third-party request, in respect of Users who are in breach of the provisions of these general terms. 

4.10.  The User shall be liable for all and any damages and losses whatsoever sustained by CM Capital Markets as a result of the breach of any of the obligations established in these general terms. 


5.  LICENCE TO COMMUNICATIONS

5.1. Should the User send any information whatsoever to this Website, the User shall declare, warrant and accept that the User is entitled to do so freely, that the information does not infringe any copyright, trade mark, patent right, trade secret or any other third-party right, that the information is not confidential, that it belongs to the User or another individual or entity that has authorised the User to use the same, and that the information is not detrimental to the other individual or entity. 

5.2.  The User hereby accepts liability for and shall indemnify CM Capital Markets in respect of any communication supplied personally or in the User's name, which liability shall extend full unrestrictedly to the accuracy, lawfulness, originality and ownership thereof. 


6.  LIABILITIES AND WARRANTIES

Services provided through this Website.

6.1. The information contained at this Website is provided generally, without taking into account the specific investment goals, financial profile or needs of any private individual or entity, and should not therefore be relied upon for making investments or taking decisions, with respect to which CM Capital Markets declines any liability whatsoever.

6.2. Historic results should not be construed as an indicator or assurance of future returns in respect of a particular investment. Exchange rate fluctuations may affect the value, price or return of foreign currency investments.  The information as to historic evolution, trends or projections is only indicative and past data cannot be taken to predict or extrapolate future evolutions.

6.3. The analyses and projections provided at this Website, and the programs and tools for processing the information, are for information only, refer to a specific time, and are designed for a host of recipients and do not take into account investment goals or specific needs. CM Capital Markets makes no warranty as to the accuracy, completeness or currency of the analyses, which may not reflect events or contingencies occurring after they were prepared.

6.4. The supply of information on several products and financial institutions through this website by no means implies the existence of a contractual dealership or any other relationship whatsoever between CM Capital Markets and the relevant entity, or that CM Capital Markets is the dealer of a specific product. Consequently, CM Capital Markets shall make no warranty as to the possibility of buying through this Website all the products for which information is provided therein, for that possibility shall at all events be dependent on the ability by CM Capital Markets, conferred by contract, to broker in that transaction.  

6.5. CM Capital Markets shall make no warranty as to the lawfulness, reliability, utility, truthfulness or accuracy of the services or the information that may be given through this Website by third parties unrelated to CM Capital Markets or the permanent availability thereof, which may be affected by network or IT system failures. 

6.6. CM Capital Markets shall not be liable for damages and losses, if any, sustained by the User or third parties deriving from outages, omissions, blocking, overloading, breakdowns, disconnections, delays, computer viruses, network failures and other similarly characterised deficiencies in the operation of the IT system at CM Capital Markets; unlawful use of the system by third parties or temporary service outage due to catastrophes, natural disasters, and other events of force majeure.

6.7. Consequently, CM Capital Markets shall make no warranty and shall not be liable in respect of: (i) continuity of the Website contents; (ii) absence of errors in those contents or correction of any ensuing defect; (iii) absence of viruses and/or other harmful components at the Website or the server supplying the same; (iv) Website invulnerability and/or impregnability of the security measures in place at the same; (v) lack of utility or performance of the contents of this Website or of the software used, distributed or obtained by or from the same; (vi) own or third-party damages or losses caused by any person infringing the terms, rules and instructions established by CM Capital Markets at the Website or through a breach of the security systems at CM Capital Markets Website. 

Servicios prestados a través de este Sitio Web.

6.8. CM Capital Markets shall neither warrant nor endorse the lawfulness, reliability and utility of services provided by third parties through this site or in respect of which CM Capital Markets only acts as business agent or broker. 

6.9. CM Capital Markets shall neither warrant nor be liable for any damages and losses whatsoever caused by the services provided by third parties through this site. 

6.10. CM Capital Markets shall neither warrant nor endorse the truthfulness, accuracy and reliability of the information provided by sources unrelated to CM Capital Markets through this site. In particular, CM Capital Markets shall not be howsoever liable for the truthfulness and accuracy of data provided by the various financial institutions, management companies or specialist media on the characteristics and makeup of funds, performance of the various stock market indexes or of the quotation of the various securities, their yield in previous periods, and net asset values supplied by the market proper, and shall moreover not be howsoever liable in relation to the making of decisions or taking of actions by the CLIENT relying on that information or on the analyses, projections or computer programs or tools that based on that information may be contained at this website, which decisions shall in any event be made exclusively by the CLIENT and at the CLIENT'S risk..


7.  LINKS

7.1. At the Website the User may find links to other websites through different keys, links, banners, etc., managed by third parties. CM Capital Markets shall neither control nor approve any information, contents, products or services provided by other websites with which links are established from this Website. Consequently, CM Capital Markets shall not be howsoever liable for any aspect relating to the website with which a link is established, specifically, for illustration, without limitation, as to its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or any of its contents, in general. 

7.2. The establishment of any link whatsoever by the CM Capital Markets Website to another website unrelated thereto does not imply the existence of any relationship, cooperation or dependence whatsoever between CM Capital Markets and the party responsible for the unrelated website. 

7.3.  CM Capital Markets has not revised the contents of any of the website that may contain a link to this Website and shall not be liable for the contents of external websites or websites containing links to this Website. 

7.4. The establishment of any link whatsoever by a website unrelated to the CM Capital Markets Website does not imply the existence of any relationship, cooperation or dependence whatsoever between CM Capital Markets and the party responsible for the unrelated website. 


8.  TERM AND ALTERATION

8.1. CM Capital Markets may fully or partially alter terms and conditions herein stipulated unilaterally, publishing any change in the same way as these general terms or through any communication addressed to the Users, wherever possible. 

8.2. The effective term of these general terms shall therefore coincide with the time during which they are displayed, until such a time as they are wholly or partially altered. 

8.3. Notwithstanding the provisions of the specific terms, CM Capital Markets may unilaterally at any time terminate, suspend or interrupt without notice access to the contents of the site, and shall not thereby be howsoever liable. Following that termination, the prohibitions to use the contents previously set out in these general terms shall remain in force.


9.  GENERAL

9.1. The headings of the various Clauses are intended for information only and shall not affect, qualify or extend the construction of the general terms. 

9.2. In the event of discrepancy between the provisions of these general terms and the specific terms of each specific service, the provisions of the latter shall prevail. 

9.3. In the event that any provision or provisions of these general terms should be considered fully or partially invalid or ineffective by any competent Court, Tribunal or administrative body, that invalidity or ineffectiveness shall not affect the remaining provisions of the general terms or the specific terms of the various Website services. 

9.4. The failure by CM Capital Markets to exercise or enforce any right or provision contained in these general terms shall not be construed as a waiver thereof, unless accepted and agreed in writing by CM Capital Markets. 


10.  APPLICABLE LAW AND JURISDICTION 

10.1. These general terms shall be governed by Spanish laws in force for the time being. 

10.2. The parties expressly waive their own forum and shall refer all interpretations or disputes arising in connection with these general terms to the Courts and Tribunals of Madrid (Spain).
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