Terms and Conditions of Use and Privacy Statement
September 4, 2009
AGREEMENT TO THESE TERMS OF USE; AMENDMENT
PRESENTATION OF VANTAGE TRADE MANAGER TO YOU BY BANK OF AMERICA
OTHER AGREEMENTS WITH BANK OF AMERICA
"VIEW ONLY" DISPLAY; PRODUCT DISCLAIMERS
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
ENTITLED ACCESS; SECURITY PROCEDURES; YOUR OBLIGATIONS WITH RESPECT TO INSTRUCTIONS
SINGLE SIGN-ON
RESERVATION OF RIGHTS
COPYRIGHT & TRADEMARK INFORMATION
USE OF CALCULATORS AND RELATED TOOLS
USER LINKING FROM OR TO VANTAGE TRADE MANAGER
ESTABLISHING AND MAINTAINING LINKS TO VANTAGE TRADE MANAGER
USE OF APPLETS
ONLINE POST TRADE INFORMATION
COMMUNICATIONS WITH BANK OF AMERICA
MACHINE READABLE DOWNLOADS
PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
GOVERNING LAW
INTERPRETATION OF THESE TERMS OF USE; TRANSLATIONS; P3P POLICY
SEVERABILITY; HEADINGS; USAGE
COUNTRY LEGENDS
PRIVACY STATEMENT
EU LEGAL ENTITY INFORMATION
VALUATIONS DISCLOSURE
AGREEMENT TO THESE TERMS OF USE; AMENDMENT
Your use of: (a) the Bank of America
(as defined below) Vantage Trade Manager - DerivView®
Web site (the "VANTAGE
TRADE MANAGER WEB SITE"); (b) any BofA (as defined below)
product web pages or applications which contain links to these Terms of Use (as
defined below) even if the website containing such pages is separately branded
(including, but not limited to, any website, application, platform, service
and/or system branded Bank of America or BofA Securities); (c)any BofA
content that is accessed by a hyperlink from any non-BofA
website, application, platform, service and/or system
(e.g. TheMarkets.com, SyndicateHub, BondHub.com,
etc.) that is linkable to or from the VANTAGE
TRADE MANAGER Web Site (collectively or separately, as the context may require,
" VANTAGE TRADE MANAGER") is subject to these Terms and
Conditions of Use, Privacy Statement and Product Disclaimers (collectively,
these "Terms of Use").
As used herein, the terms "you" and
"your"
refer to each user of VANTAGE TRADE MANAGER or, as the context requires, the
legal entity on whose behalf a user is granted access to VANTAGE TRADE MANAGER
("Employer" or
"Firm").
Unless otherwise provided, each defined term used within VANTAGE TRADE MANAGER shall have the meaning ascribed
in these Terms of Use.
BY USING VANTAGE TRADE MANAGER, YOU ACCEPT THESE TERMS OF USE, AGREE TO BE BOUND BY THEM
AND BIND YOUR EMPLOYER TO THEM.
PLEASE READ THESE TERMS OF USE CAREFULLY.
You
hereby represent and warrant that you are authorized, to accept this agreement
on behalf of your employer, and that in doing so you are acting within the
scope of your duties.
These Terms of Use may be amended or supplemented by Bank of America
Corporation or any of its affiliates, direct and indirect subsidiaries
and related companies (collectively or separately, as the context
may require,"BofA" or "we
"), from time-to-time in its sole discretion.
Each time these Terms of Use are modified in any way, the Last Updated date set
forth on the first page of these Terms of Use will be changed so that such date
always sets forth the most recent revision date. During each use of VANTAGE TRADE
MANAGER you are responsible for being familiar with, and are bound by, the then
current version of these Terms of Use, including the Privacy Statement and Product
Disclaimers sections, posted on the VANTAGE TRADE MANAGER Web Site. BofA
reserves the right to terminate access to VANTAGE TRADE MANAGER at any
time, in whole or in part, in its sole discretion.
PRESENTATION OF VANTAGE TRADE MANAGER TO YOU BY BofA
BofA operates VANTAGE TRADE MANAGER in its offices
in the United States of America ("U.S.")
However, VANTAGE TRADE MANAGER operates as a portal and may contain
information and offerings presented by branches and affiliates of BofA
located or authorized to do business elsewhere. Please see the Country
Legends section of these Terms of Use for
specific disclaimers applicable to certain jurisdictions.
"Bank of America" and
"BofA Securities"
are the marketing names for the global banking and global markets businesses of
Bank of America Corporation. . Lending, other commercial
banking activities, and trading in certain financial instruments are performed
globally by banking affiliates of Bank of America Corporation, including Bank of
America, N.A., Member FDIC. Trading in securities and financial instruments, and
strategic advisory, and other investment banking activities, are performed globally
by investment banking affiliates of Bank of America Corporation ("Investment Banking Affiliates"),
including, in the United States,
BofA Securities Inc. and Merrill Lynch Professional Clearing Corp., both of which are
registered broker-dealers and Members of SIPC , and,
in other jurisdictions, by locally registered entities. BofA Securities, Inc. and Merrill
Lynch Professional Clearing Corp. are registered as futures commission merchants with the
CFTC and are members of the NFA.
Investment products offered by
Investment Banking Affiliates:Are Not
FDIC Insured * May Lose Value * Are Not Bank Guaranteed.
All of the information on VANTAGE TRADE MANAGER is directed at, and is intended
for distribution to and use by, corporate, institutional, professional and
other qualified investors in jurisdictions where such distribution and use is
permitted. The information on VANTAGE TRADE MANAGER is not directed at or
intended for distribution to or use by any person or entity in any jurisdiction
or country where: (a) its distribution or use would be contrary to law or
regulation; or (b) there is no BofA affiliate
authorized to distribute such information.
In the U.S. and certain
other jurisdictions, applicable laws may prevent investors from effecting
transactions except through entities licensed in such jurisdiction. The
information provided to you by VANTAGE TRADE MANAGER is made available to you
by the BofA affiliate(s) authorized to make such information available to you
in your jurisdiction. If you wish to effect a transaction, you must use the
services of a BofA affiliate authorized to effect such a transaction for you.
Within VANTAGE TRADE MANAGER you have the ability to access contact information
on certain BofA personnel. This information is intended to help you reach the right
people with whom to address your inquiries. If a listed contact person is not employed
by a BofA entity that is licensed or passported
in your country, then such person will help direct your inquiry to another
person that is permitted by applicable law and regulation to address it.
Unless a Product is exempt from filing with, or authorization, approval,
registration or qualification by, a governmental authority or regulatory agency
under the law and regulations in each jurisdiction in which the Product is
offered, any required documentation has been or will be filed in compliance
with applicable law and regulations. We may not sell Products that are required
to be approved, registered or otherwise qualified until the necessary
approvals, registrations or qualifications have been obtained or are deemed
effective. You should read the preliminary prospectus or other relevant
offering or disclosure documents for complete information about an issue.
BofA may trade for its own accounts as odd-lot dealer, market maker,
block positioner, specialist and/or arbitrageur in any Product
or in related investments, and may be on the opposite side of orders or trades. BofA, its
directors, officers, employees and employee benefit programs may have a long or
short position in any Product or in related investments. BofA
may from time to time perform investment banking or other services
for, or solicit investment banking or other business from, any entity mentioned
on VANTAGE TRADE MANAGER.
OTHER AGREEMENTS WITH BOFA
These Terms of Use supplement, but do not supersede, the provisions of any
applicable existing agreements between you and BofA all of which otherwise remain in effect.
To the extent that you have a contractual relationship with a BofA
entity and such relationship extends to any security,
futures contract, options contract or other financial instrument or any other
good, product or service available through or referenced on VANTAGE TRADE MANAGER (each a "Product
" and collectively, "
Products
"), the communications made
hereby with respect to such Products covered by such agreement are and shall be
deemed made, as the context may require, by such entity.
The terms of any Product is governed by applicable documents establishing such
terms. In the event of any inconsistency between the information on
VANTAGE TRADE MANAGER
regarding a particular Product and the terms specified in, or
determined pursuant to, the documents establishing the terms of issue or
contract, the terms so specified or determined shall prevail.
"VIEW ONLY" DISPLAY;
PRODUCT DISCLAIMERS
On VANTAGE
TRADE MANAGER (a) any prices and quantities displayed
with respect to a financial instrument, even if labeled "firm,"
should not be deemed by you to constitute a bid or offer by BofA
and (b) even if the price or quantity with respect to such
financial instrument is labeled as a "firm" price or quantity, you
should deem such price or quantity to be indicative. As further explained in
these Terms of Use, (x) indicative prices and quantities are suitable only for
information purposes and should not be considered suitable for trading
purposes; (y) all indicative prices and quantities displayed with respect to
such financial instrument are subject to market conditions and negotiation; and
(z) there is no assurance that indicative prices or quantities will be equal to
actual trading prices or quantities. All Valuations provided through
Vantage Trade Manager are subject to these Terms and Conditions as well as the
Valuations Disclosure included at the end of this document
The Product Disclaimers set forth in these Terms of Use contain
Product-specific terms and conditions of use that are applicable to the related
Product. Product Disclaimers are
accessible from links within VANTAGE TRADE MANAGER Web Site that are located in close proximity to the
Products to which they relate. You should read applicable Product Disclaimers
carefully prior to accessing information on the related Product. You also
should carefully read and familiarize yourself with all instructions and help
pages located within VANTAGE TRADE MANAGER.
DISCLAIMER OF WARRANTY AND LIMITATION
OF LIABILITY
The information on VANTAGE
TRADE MANAGER is provided "AS IS". Although
the information on VANTAGE TRADE MANAGER is
obtained or compiled from sources BofA believes to be
reliable, BOFA CANNOT AND DOES NOT GUARANTEE OR MAKE
ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO: (A) THE
VALIDITY, SEQUENCE, TIMELINESS, COMPLETENESS OR CONTINUED AVAILABILITY OF ANY
INFORMATION OR DATA MADE AVAILABLE ON OR THROUGH VANTAGE TRADE MANAGER; OR (B) THE PERFORMANCE, SETTINGS, FEATURES,
COMPATIBILITY, LACK OF CONFLICT, FUNCTIONALITY OR CONTINUED AVAILABILITY OF ANY
SOFTWARE MADE AVAILABLE ON OR THROUGH VANTAGE TRADE MANAGER, AND EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW OR REGULATIONS, ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
You understand and agree that BofA utilizes a variety of electronic systems and
networks, including the Internet, to transport data. Transmission of data on any
electronic system or network may be subject to: delay; interruption; interference;
blackout; failure; systems or service unavailability or failure; hardware or software
malfunction or failure; encryption failure; interception by third parties; unauthorized
access; theft; modification; or inaccuracy (collectively, "Failure Events
"). You agree that neither
BofA nor any third party working with BofA to provide software, information, products or
services hereunder shall be responsible for any expense, loss, liability, damage or cost
(including costs of investigation and legal fees) of any kind whatsoever (collectively, "Damages
"), even if BofA
or such third party had been advised of the possibility thereof, arising
from: (a) any Failure Event, whether or not the circumstances giving rise to
such event may have been within the control of BofA or any such third party; or (b) any
other event or occurrence beyond the control of BofA or any such third party, including force
majeure. In no event will BofA or any third party working with BofA to provide software,
information, products or services hereunder be liable to you for any special, indirect,
consequential or incidental Damages, even if BofA or any such third party has been advised
of the possibility thereof.
VANTAGE TRADE MANAGER may display certain real-time and/or delayed quotes, news
or other financial market information (collectively "
Market Information
") that has been independently obtained
from third party financial market information services, financial publishers,
various financial markets including stock exchanges and their affiliates and
other providers (collectively "
Market Information
Providers")
and has been provided to VANTAGE TRADE MANAGER via various third party market
information transmitters ("
Market
Information Transmitters
"). We do not guarantee or certify the accuracy,
completeness, timeliness or correct sequencing of the Market Information made
available on or through VANTAGE TRADE MANAGER. You agree that neither BofA
nor the Market Information Providers nor the Market
Information Transmitters shall be liable in any way for the accuracy, completeness,
timeliness or correct sequencing of any Market Information, or for any decision
made or action taken by you relying upon any Market Information. To receive
Market Information you may need to have or enter into separate agreements with
certain Market Information Providers and/or Market Information Transmitters.
You
may need to load certain third party software onto your access device in order
to utilize certain functionality within VANTAGE TRADE MANAGER. In
certain instances, for convenience VANTAGE TRADE MANAGER may provide links to
the Web sites where such software may be available. BofA
Lynch can not assure the performance, settings,
features, compatibility, lack of conflict, functionality or continued
availability of any such software. If you wish to download any such software,
please follow the directions on the third party Web site where such software is
available as well as your Firm's software download policies. We strongly urge
that you perform such download in consultation with your system administrator
or IT service person. BofA shall not be liable for any
Damages arising out of your downloading or using any such software.
SYSTEM
RESPONSE TIMES MAY VARY DUE TO MARKET CONDITIONS, SYSTEM PERFORMANCE, ACCESS
DEVICE LOCATION OR OTHER FACTORS.. The farther your access device is located
from VANTAGE TRADE MANAGER servers, the slower your response time may be. In
the event of system delay or failure, you are responsible for contacting BofA
by alternative means, such as telephone, facsimile or
telex.
The
information available on or through VANTAGE TRADE MANAGER is subject to change
without notice. BofA expressly disclaims any
obligation to keep the information available on or through VANTAGE TRADE
MANAGER up to date, free of errors or viruses or to maintain uninterrupted
access. BofA may stop producing or updating any part
of VANTAGE TRADE MANAGER without notice.
Some
of the screens on VANTAGE TRADE MANAGER do not automatically refresh
themselves. Information may change at any time while you are viewing a screen,
but your screen view may not be updated to reflect a change in information. You
are responsible for ensuring that you are viewing the most current data on any
and all screens. BofA shall not be responsible for the
display on your access device screen of the information contained on VANTAGE
TRADE MANAGER. At all times, you should be aware of the possibility of, and be
responsible for, incomplete screen views or printouts. You are responsible for
scrolling your viewing screens up, down and sideways to ensure that you are
viewing or printing all portions of pertinent pages. You must be particularly careful
when viewing VANTAGE TRADE MANAGER through a link from any third party or
through any frames, and should be mindful that the default viewing preferences
of your browser or your access device may not show entire pages. BofA
assumes no responsibility to provide any training regarding the use of
VANTAGE TRADE MANAGER. If any training is provided, it
shall be for convenience purposes only and without liability.
Each
time you wish to end a session on VANTAGE TRADE MANAGER Web Site, you should
use the "Sign Out" command, close all open VANTAGE TRADE MANAGER Web
browser windows and close your Web browser.
IN NO EVENT WILL BOFA BE LIABLE FOR ANY DECISION,
ACTION OR INACTION MADE OR TAKEN BY YOU IN RELIANCE ON ANY INFORMATION OR DATA
ON VANTAGE TRADE MANAGER.
NOTHING CONTAINED HEREIN SHALL LIMIT, OR IN ANY WAY EFFECT, ANY LIABILITY BOFA
MAY OTHERWISE HAVE UNDER THE SECURITIES ACT OF 1933 OR THE
SECURITIES EXCHANGE ACT OF 1934, EACH AS AMENDED, OR THE RULES AND REGULATIONS
PROMULGATED THEREUNDER, OR UNDER ANY OTHER APPLICABLE REGULATION, RULE OR LAW.
ENTITLED ACCESS; SECURITY PROCEDURES; YOUR
OBLIGATIONS WITH RESPECT TO INSTRUCTIONS
BofA may grant access to certain portions of VANTAGE TRADE MANAGER exclusively on an
entitlement basis
("
Entitled Access
"). If BofA provides you with Entitled Access, BofA
will issue to you, or direct that you be issued, one or more User Ids,
passwords, Digital Certificates, access codes, tokens or other identification
or security device (collectively "
Security
Procedures")
as means to authenticate your identity. You agree to abide by and use whatever
Security Procedures and requirements BofA deems necessary and
appropriate.
You are the only person authorized to use your Security Procedures in order to
access VANTAGE TRADE MANAGER, and you shall be responsible at all times for
exercising security controls over all Security Procedures entrusted to you. You
are expected to control access to, and monitor use of, any and all hardware and
software which are part of, or used in connection with, the Security
Procedures, including changing passwords as necessary. You agree to refrain
from disseminating any and all Security Procedures. Where possible, we
recommend that you password protect your Security Procedures. You also agree
not to use any information or applications that you have not been authorized to
use. BofA shall not be liable for any Damages arising
from any unauthorized use of your access device or from the installation on
your access device of any software not approved by BofA
Lynch. If your access device is lost or stolen, or if your security becomes
otherwise compromised, please contact VANTAGE TRADE MANAGER Client Services
immediately.
You are responsible for any and all forms of interaction by electronic means
through VANTAGE TRADE MANAGER associated with your Security Procedures ("Instruction
"), and such Instructions shall be conclusive, final
and binding on your part. Instructions shall be subject to applicable federal,
state, national and local laws, the regulations of all applicable federal,
state, national, local and self-regulatory agencies or authorities, including,
but not limited to, the various exchanges and the constitution, rules and
customs of the exchange or contract market (and its clearing house, if any) to
which an Instruction may relate (collectively, "Applicable Law
").
BofA is entitled to rely upon the assumption that all
Instructions from a user authorized to access VANTAGE TRADE MANAGER on behalf
of a Firm ("
Authorized User
") will originate
from the country (including state, province or other jurisdiction) that we have
associated with such user on our records.
By
designating an Authorized User, a Firm represents and warrants that each
Instruction is and will be: (a) appropriate in view of such Firm's
sophistication, security controls and financial status; (b) in compliance with
all Applicable Law; and (c) conducted in accordance with the Firm's applicable
governance requirements, and all applicable internal policies or procedures.
Each Firm agrees to designate one or more persons to be responsible for
notifying BofA immediately: (a) if the level of Entitled
Access granted or available to an Authorized User is not appropriate; or (b) of
any changes in Authorized Users or the permissible level of Entitled Access for
any Authorized User. No modification or termination of Entitled Access to the
Firm or an Authorized User shall invalidate, retract or supersede any
Instruction entered into before such modification or termination becomes
effective. You agree to hold BofA, its directors,
officers, employees, agents and consultants (collectively, "Other Persons
") harmless and to indemnify BofA
Lynch and all Other Persons against any Damages arising from any Instruction,
whether authorized or unauthorized by you. The obligations under this paragraph
shall be in addition to, and not a limitation of, any and all obligations
arising under Applicable Law and any and all agreements you may have with BofA.
SINGLE SIGN-ON
You may be logging onto VANTAGE TRADE MANAGER from a third party site via
single sign on functionality. If this is the case, you acknowledge and agree
that (i) you have full legal right and authority to
access VANTAGE TRADE MANAGER; (ii) VANTAGE TRADE MANAGER Terms and Conditions
of Use apply to all use of VANTAGE TRADE MANAGER; and (iii) BofA provides no
warranties of any kind with respect to such functionality. You hereby agree that
these acknowledgments are renewed each time you access VANTAGE TRADE MANAGER.
RESERVATION OF RIGHTS
All content and information contained within VANTAGE TRADE MANAGER or delivered
to you in connection with your use of VANTAGE TRADE MANAGER (including all
text, data, graphics, audio, video, icons, software code and trade secrets, as
well as the overall organization, design, look, feel and appearance of VANTAGE
TRADE MANAGER) (collectively, "
VANTAGE TRADE MANAGER
Content
")
is protected, whether or not marked with a notice, under applicable patent,
copyright, trademark and other proprietary (including intellectual property)
rights, including, U.S. and international copyright laws, both as individual
works and as a compilation. BofA does not waive any of
its proprietary rights in VANTAGE TRADE MANAGER or in any VANTAGE TRADE MANAGER
Content, including copyrights, trademarks and other intellectual property
rights. The availability of any VANTAGE TRADE MANAGER Content shall not under
any circumstance constitute a transfer of any copyrights, trademarks or other
intellectual property rights of BofA or any of its
licensor's to any VANTAGE TRADE MANAGER user or any third party.
You may not sell, publish, reproduce, distribute, re-transmit, sublicense,
assign, time-share, lease, convey, copy, translate, convert to another
programming language, decompile, disassemble, modify or change (by use of an
html "frame" or otherwise), including postings to newsgroups, mail
lists or electronic bulletin boards, any portion of VANTAGE TRADE MANAGER or
any VANTAGE TRADE MANAGER Content without the prior written consent of BofA.
You may, however, without conveying any broader rights
than the rights you are conveyed hereunder, on an occasional and irregular
basis, disseminate an insubstantial portion of the information from VANTAGE
TRADE MANAGER and you may display, store and print data, statistics, views,
recommendations, reports, account information or other information received
through or in connection with your use of VANTAGE TRADE MANAGER, in each case
without charge, provided that, in each case, such information is only for your
internal business use, is subject to applicable law and regulations, is
transmitted to a limited number of individuals within your organization or firm
and includes all copyright and other proprietary rights notices in the same
form in which the notices appear on VANTAGE TRADE MANAGER, with original source
attribution, accompanied with the phrase "Used with permission from Bank of America."
You shall not remove or obscure any copyright or other notices or legends contained
in any information, content or software downloaded from VANTAGE TRADE MANAGER.
VANTAGE
TRADE MANAGER is delivered by means of software and electronic access products
or services made available to you by BofA and various
unaffiliated vendors. By accepting and using such software and electronic
access products or services, you agree to the non-exclusive, non-transferable
software licenses and service agreements to use, for your internal business
purposes only, such software and electronic access services. In certain cases,
software licenses and service agreements may appear on screen when you install
or sign on to specific applications or download software in order to access
specific functionality. BofA bears no responsibility
or liability for your use of any third party vendor's software, products,
services or equipment.
COPYRIGHT
& TRADEMARK INFORMATION
All
BofA registered service marks and trademarks that are displayed or
cited within VANTAGE TRADE MANAGER are the property of Bank of America
Corporation. All non-BofA registered service
marks and trademarks displayed or cited within VANTAGE TRADE MANAGER are the
property of their respective owners.
USE OF CALCULATORS AND RELATED TOOLS
VANTAGE TRADE MANAGER may contain calculators,hedge accounting functionality or similar analytical tools (each
a "
Tool
," collectively "
Tools
") to facilitate your consideration of hypothetical
scenarios or implementation of relevant accounting standards. The use of Tools is entirely at your discretion,
under your control and at your own risk. Tools are not intended to replace your own
internal business processes or control processes for evaluating or reviewing proposed transactions.
You are responsible for your use of the Tools, including any adjustments to the information provided.Tools
may not reflect analytical models,assumptions or accounting treatment actually used by BofA
or other market participants, and may not be
representative of internal valuations employed, or trading decisions made, by
BofA for its own purposes. Therefore, calculations may
not represent fair market values for any instruments. There is no assurance
that hypothetical results will be equal to actual performance under any market
conditions. Any options presented with respect to hedge accounting functionality are for informational purposes
only and you should consult with your own accounting or other advisors as to the adequacy of the information
for your purposes.BofA makes no representation or warranty
regarding Tools, or the appropriateness of calculations obtained by you.
BofA will not be responsible or liable for any Damages
that arise from your use of, or reliance on, a Tool.Tools are subject to change without notice
USER LINKING FROM OR
TO
VANTAGE TRADE MANAGER
Should you leave VANTAGE TRADE MANAGER via a link contained within VANTAGE
TRADE MANAGER and view content that is not provided by BofA you shall do so
at your own risk. BofA provides links only as a convenience and without liability.
In particular, and without limitation, you understand and agree that the ability to
link to another Website and the fact that a link exists does not mean that BofA
Lynch endorses or guarantees such site, the site sponsor or the site contents.
The content to which you link will not have been developed, checked for
accuracy, or otherwise reviewed by BofA. BofA is not responsible for any Damages
arising from any delays, defects or omissions that may exist in the services,
information or other content provided in such site. BofA makes no
guarantees or representations as to, and shall have no liability for, any
electronic content delivered by any third party, including, without limitation,
the accuracy, subject matter, quality, sequence or timeliness of any electronic
content. Your reliance on any information contained on any site reached through
a link shall be your own responsibility. In addition, be aware that when you leave
the VANTAGE TRADE MANAGER Web Site, unless otherwise indicated, you will be
subject to the terms of use and privacy policies of the new Web site which you
are visiting. If such new Web site is a non-BofA Website then BofA will have no control
over the terms of use or privacy policies of such new Web site.
If
you reached VANTAGE TRADE MANAGER via a link, please be advised that the
ability to link to VANTAGE TRADE MANAGER and the fact that a link exists does
not mean that BofA necessarily endorses, supports,
sanctions, encourages, verifies, or agrees with the comments, opinions, or
statements posted on the Web site from which you linked to VANTAGE TRADE
MANAGER (the "Linking Site"
). Content within the
Linking Site may not have been developed, checked for accuracy, or otherwise
reviewed by BofA. BofA is not responsible for any Damages arising from any delays,
defects or omissions that may exist in the services, information or other content
provided in the Linking Site. BofA makes no guarantees or representations as
to, and shall have no liability for, any content on any Linking Site,
including, without limitation, the accuracy, subject matter, quality, sequence
or timeliness of any such content. Your reliance on any information contained
on any Linking Site shall be your own responsibility. In addition, be aware
that when you enter and use VANTAGE TRADE MANAGER you are subject to these
Terms of Use.
ESTABLISHING AND MAINTAINING LINKS TO
VANTAGE TRADE MANAGER
Absent a written agreement specifically related to establishing links to VANTAGE
TRADE MANAGER, this Section governs all links to VANTAGE TRADE MANAGER. By establishing
a link to VANTAGE TRADE MANAGER, you represent that you have read these Terms
of Use and agree to be bound by them. Your continued use of link(s) to VANTAGE
TRADE MANAGER will constitute your acceptance to these Terms of Use, including
this Section. If you do not wish to accept these
Terms of Use, you must discontinue your link(s) to VANTAGE TRADE MANAGER.
Without
limiting any of the provisions contained in these Terms of Use, and without
granting you any other licenses or rights, we hereby grant you the limited,
revocable right and license to include one or more textual link(s) on your Web
site to VANTAGE TRADE MANAGER home page,
currently located at https://vtm.bankofamerica.com
("Home Page
"); provided that you notify
VANTAGE
TRADE MANAGER Client Services in writing (via mail at
4 WFC, 15th Floor, New York, NY 10080, USA or via e-mail at us_otc_client_valuation@bofa.com
of the proposed link(s) at least 30 days prior to use (please include your name,
address, telephone number, email address, the URL of your Web site and a screen
shot(s) of the Web page(s) containing the proposed link(s)). Notwithstanding
the foregoing, no one may place links to the Home Page from any Web page or Web
site containing inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful topics, names, material or information, or material or
information that violates any applicable intellectual property, proprietary,
privacy or publicity rights.
BofA
reserves the right to deny or revoke permission at any
time to link, including disabling existing links, to VANTAGE TRADE MANAGER from
any other Web page or Web site that BofA, in its sole
discretion, deems inappropriate, and if such permission is denied or revoked
you agree to discontinue your link(s) to VANTAGE TRADE MANAGER. Other than
links to the Home Page as specifically set forth above, we expressly prohibit
any other links from any non-BofA Web pages or Web
sites to VANTAGE TRADE MANAGER, any framing of VANTAGE TRADE MANAGER within any
non-BofA Web page or Web site, and any attempt to gain
access to VANTAGE TRADE MANAGER or the VANTAGE TRADE MANAGER servers by any
means. You agree not to disrupt, modify, impede or interfere with VANTAGE TRADE
MANAGER or its associated software, hardware and/or servers in any way, and you
agree not to disrupt, modify, impede or interfere with others' use of VANTAGE
TRADE MANAGER in any way. You further agree not to alter or tamper with any
information or materials on or associated with VANTAGE TRADE MANAGER.
USE OF APPLETS
To provide you with increased functionality and enable you to use certain
applications within certain entitled portions of VANTAGE TRADE MANAGER, an
"applet" (a Java software program which runs on your computer,
launched by your browser) may need to be downloaded onto your computer. Some
applets downloaded onto your computer from VANTAGE TRADE MANAGER will, by reading
from and writing to your computer's hard drive, collect information from your
computer necessary to facilitate your use of the related application.
Downloading applets may also modify some of your computer's settings. Please
note that you can modify your browser settings to restrict how your computer
interacts with applets, however, this may affect your use of the related
application. While we have taken reasonable precautions to ensure that the
applets you download from VANTAGE TRADE MANAGER will not cause harm to your
computer or files, you are responsible for your computer's settings and
security. If you have any questions about how to restrict the access of applets
to your computer or any other questions regarding applets or the settings or
security of your access device, please contact your system administrator or
other technical reference source.
ONLINE POST TRADE INFORMATION
VANTAGE TRADE MANAGER allows authorized users to view online data, including
trade history and account allocations, relating to accounts maintained by BofA.
In Balances, prices reflect their value as of prior
day's close of business. Account values reflect settled and unsettled
transactions except for Margin Balance, Payout Balance, and Settled Cash Balance.
In Holdings, prices reflect their value as of prior day's close of business.
Account values reflect settled and unsettled transactions. All transactions
cleared and settled by the Financing Correspondent
Clearing Division of BofA Securities. Inc. BofAS. All account data shown is provided as a
convenience and for your information, but is not the official notice or record
of a customer's account activity with BofA. Your BofA account notices and account
statements remain the official form of notice or record. BofA does not guarantee
delivery of notices or statements through VANTAGE TRADE MANAGER, or the
completeness of the information provided therein. Therefore, any and all
account data provided through VANTAGE TRADE MANAGER is subject to adjustment
and correction, and should not be relied upon for taking any action without
prior confirmation of its accuracy with your BofA representative. BofA will not
be responsible or liable for any Damage that could result from your taking any action without
confirming the accuracy of the account data provided via VANTAGE TRADE MANAGER.
COMMUNICATIONS WITH BANK OF AMERICA
E-mail, instant messaging and SMS messaging functionality is provided to you
through VANTAGE TRADE MANAGER only as a convenience and to enhance
communications between you and BofA. Because of the
current limitations on such communications (such as reliability of delivery,
timeliness, security, etc.), you agree that you will use your judgment in
utilizing these methods of communication with BofA and
will not request, authorize or effect any transactions, to send fund transfer
instructions or account information or for any other communications that
require more formal written authorization in accordance with applicable law or
BofA policies. Any such requests, orders, or instructions that you send in
contravention of the foregoing may not be accepted or processed by BofA, and
BofA will not be responsible for any Damages arising from your
requests, orders or instructions not being so accepted or processed.
You
acknowledge and agree that BofA, in its sole
discretion, may monitor and tape record any and all telephone conversations
from or to you concerning VANTAGE TRADE MANAGER and that such monitoring and
recording may be done in the regular course of business. Electronic
communications and Instructions transmitted by you onto or via VANTAGE TRADE
MANAGER, including e-mail, instant messages, SMS messages and clickstream information will be: (a) recorded and archived
in accordance with applicable laws and regulations and BofA
policies; and (b) available for review by BofA managers and compliance personnel
as well as by regulatory examiners. You agree to hold harmless and to indemnify BofA
and all Other Persons against any Damages arising from the unauthorized use or
misappropriation of any and all information that you so transmit.
MACHINE READABLE DOWNLOADS
VANTAGE TRADE MANAGER allows you to download on-screen information or reports
in machine-readable formats, including Adobe® Portable Document Format (PDF),
Microsoft ® Excel or CSV. Such downloads may comprise the results of product
database searches, indicative pricing information or summary information about
your accounts with BofA. All downloadable information is provided for your
information and convenience, and it is neither an offer to buy or sell at any
particular price nor an official statement or record of your account activity with BofA.
While the information offered in downloadable formats is believed to be accurate when
posted, BofA does not assume responsibility for the accuracy,
completeness or timeliness of such information at any particular time.
Indicative pricing information is not suitable for trading and should not be
relied on for marking to market product holdings. In all cases, your BofA
account statement remains the official record of your account activity with BofA. You must
not rely upon downloaded data without first confirming its accuracy and completeness with
your designated BofA representative. BofA will not be responsible for any Damages arising from your
reliance on any downloaded data provided through VANTAGE TRADE MANAGER.
PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
BofA respects the intellectual property of others and
asks that those posting content to VANTAGE TRADE MANAGER do the same. It is the
policy of BofA to respond expeditiously to claims of
intellectual property infringement by promptly processing and investigating
notices of alleged infringement and taking appropriate actions under the
Digital Millennium Copyright Act ("
DMCA
") and othe applicable intellectual property laws.
If you believe that your copyrighted work is accessible on VANTAGE TRADE
MANAGER in a way that constitutes copyright infringement, you may notify us by
providing our Copyright Agent with the following information: (a) the
electronic or physical signature of the owner of the copyright or of the person
authorized to act on the owner's behalf; (b) identification of the copyrighted
work or other intellectual property that you claim is being infringed; (c)
identification of the material that you claim is infringing; (d) identification
of the URL or other specific location on VANTAGE TRADE MANAGER where the
material that you claim is infringing is located (please be as specific as
possible); (e) your name, address, telephone number, and email address; (f) a
statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and (g) a statement
by you, made under penalty of perjury, that the information in your Notice is
accurate and that you are the copyright owner or are authorized to act on the
copyright owner's behalf.
BofA's Agent for Notice of claims of copyright
infringement on VANTAGE TRADE MANAGER can be reached as follows (please put
"notice of alleged infringement" in the subject line of all such
notifications): (a) By mail: Bank of America Corporation, Legal
Department-Intellectual Property, 101 S. Tryon St., Charlotte, NC 28255-0001, USA; (b) By phone: +1-(980)
387-5705; or (c) By email: keith.agisim@bofa.com.
GOVERNING
LAW
ALTHOUGH
CERTAIN PRODUCTS AVAILABLE ON OR THROUGH VANTAGE TRADE MANAGER ARE PROVIDED BY
AND AVAILABLE ONLY FROM BOFA AFFILIATES LOCATED OUTSIDE THE U.S., BOFA OPERATES
VANTAGE TRADE MANAGER IN ITS OFFICES IN THE U.S. THOSE WHO CHOOSE TO ACCESS VANTAGE
TRADE MANAGER DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH
ALL APPLICABLE LAWS AND REGULATIONS. THESE TERMS OF USE WILL BE CONSTRUED IN ACCORDANCE WITH
THE LAWS OF THE STATE OF NEW YORK,
U.S.,
WITHOUT REGARD TO ITS CONFLICTS OF LAW PROVISIONS.
INTERPRETATION OF THESE TERMS OF USE; TRANSLATIONS;
P3P POLICY
These Terms of Use and any other agreements relating to your use of VANTAGE
TRADE MANAGER shall be interpreted by reference to the English language
versions thereof, even if you were provided with a version of such writing
translated into a language other than English. You understand and agree that
any and all non-English language translated versions of these Terms of Use and
any other agreements relating to your use of VANTAGE TRADE MANAGER may not be
up to date or exact translations of the English language version, and, even if
accepted by you, are intended for convenience purposes only and not as
controlling versions of such writings.
Any
P3P compact privacy policy (
"P3P Policy") posted on VANTAGE
TRADE MANAGER is posted solely for your convenience. We have used reasonable
efforts to ensure that P3P Policies posted on VANTAGE TRADE MANAGER conform to
the English language Online Privacy Statement contained within the Terms of Use
(the "
Online Privacy Statement
"). However, any P3P
policy has certain limitations you should understand. P3P is, by its nature,
merely a high level approximation and/or summary of certain limited aspects of
the Online Privacy Statement. Moreover, the P3P standard is relatively new and
still evolving, and different P3P translators may produce different English
language translations of any P3P Policy. As a result, you understand and agree
that the Online Privacy Statement is the definitive statement of VANTAGE TRADE
MANAGER privacy policies and practices and that, as between any P3P Policy
posted on VANTAGE TRADE MANAGER and the Online Privacy Statement, the Online
Privacy Statement shall control on all such issues.
SEVERABILITY; HEADINGS; USAGE
If any specific term or condition of these Terms of Use is held to be invalid,
void or unenforceable, that determination shall not affect the validity of the
remaining provisions of these Terms of Use. Headings used in these Terms of Use
are for convenience, are not substantive and shall not be used to interpret or
construe any of the provisions contained in these Terms of Use. When used in
these Terms of Use the words "include", "includes", and
"including" shall be deemed to be followed by the phrase
"without limitation".
COUNTRY LEGENDS
None of the Products referred to on VANTAGE TRADE MANAGER are available, and
offering documentation in respect of them will not be distributed, to persons
resident in any jurisdiction where: (a) its distribution or use would be
contrary to law or regulation; or (b) there is no BofA
affiliate authorized to distribute such information. Registration and account
opening requirements will vary among jurisdictions and will be conducted only
in compliance with applicable local law and regulations. The information
contained within the publicly accessible portions of VANTAGE TRADE MANAGER is
general in nature, and is not intended to, and does not, constitute an offer or
a solicitation to enter into any type of financial transaction. The following
information is directed at users in each respective jurisdiction:
Argentina
.
BofA acts in Argentina
through Merrill Lynch Argentina S.A.
as its authorized broker-dealer.
Australia
.
The information on this website has
been provided in Australia by Bank of America or BofA Securities to select recipients
for information and discussion purposes only on the basis you are: (i) a "wholesale client"
as defined in the Corporations Act 2001 (Cth); (ii) will keep its contents confidential
and will not distribute any material accessed from it to anybody else without the prior
consent of Bank of America Corporation and its related bodies corporate; and (iii) understand
it is not an offer document. "Bank of America" is the marketing name for the lending,
derivatives and other commercial banking activities of Bank of America Corporation.
These activities are performed globally by banking affiliates of Bank of America Corporation
and in Australia
by Bank of America, N.A. Australian Branch ("BANA Australia").
"BofA Securities" is the marketing name for the securities, corporate advisory and capital
markets activities of Bank of America Corporation. These activities are performed in
Australia
by Merrill Lynch Markets (Australia) Pty. Limited, Merrill Lynch (Australia) Futures Limited,
Merrill Lynch Equities (Australia) Limited and their related bodies corporate which hold, or
are exempt from the requirement to hold, an Australian Financial Services Licence. Apart from
BANA Australia,
none of the other Bank of America Corporation entities including Bank of America
Corporation itself is an Authorised Deposit-taking Institution authorised under the Banking Act 1959
of Australia regulated by the Australian Prudential Regulation Authority. The obligations of Bank of
America Corporation entities (other than BANA Australia)
do not represent deposits or other liabilities of BANA Australia
and are not guaranteed by BANA Australia.
Austria
. All transactions initiated or executed through this
website with Austrian investors will be effected by -those EU Legal entities within BofA which
have been authorized in the jurisdiction to so operate.. In this regard, other BofA
entities which are not authorized to provide the respective services in
Austria
will become active only in the names and for the accounts of -those EU Legal entities within
BofA which have been authorized in the jurisdiction to so operate.
As far as the information in the publicly accessible portion of this website
contains information on specific investment products, this information does not
constitute an offer or an invitation to make an offer for the acquisition of
such products by Austrian investors nor are such products available to Austrian
investors. The investment products described on in the restricted portion of
this website are exclusively addressed to a limited number of institutional
investors, and are therefore not subject to the public offering requirements of
the Austrian Capital Markets Act (section 3 para 1 subpara 11 of the Austrian Capital Markets Act).
Institutional investors are persons whose ordinary business activities involve
the acquisition of the respective securities for the purpose of their business
and who are interested in the securities not with the purpose to offer such
securities to third parties in Austria.
Such securities are not offered and will not be made available to any other
persons in Austria.
Bahamas. By using this website, persons hereby confirm that they
are either non-resident for purposes of the Exchange Control provisions
contained in the Bahamas Central Bank Exchange Control Regulations, or if
resident for purposes of such regulations, that such persons have the written
approval of the Exchange Control Department of the Central Bank of the Bahamas
to enter into transactions contemplated by the Site.
Brazil. The information contained on this website does not
constitute a public offer of any securities in Brazil or to investors domiciled in
Brazil,
and has not been and will not be registered with the Brazilian Securities &
Exchange Commission ("Comissšo de Valores
Mobiliários - CVM") as a public offer. Other than
with respect to when Merrill Lynch S.A. Corretora de Titulos e Valores Mobiliarios ("Merrill Lynch S.A. Corretora")
is acting in its capacity as a broker-dealer registered under the laws, rules
and regulations of Brazil: (a) the services rendered by Merrill Lynch S.A. Corretora through this website are limited to the
presentation of financial services related products and information of
BofAS and its affiliates (other than Merrill Lynch S.A. Corretora), and Merrill Lynch S.A. Corretora
is not responsible for the investment decisions taken by the users of this
website based on the presentation of such products and information; and (b)
Merrill Lynch S.A. Corretora does not participate, in
any manner, through this website in the rendering of services and/or
negotiation of financial products of BofAS and its affiliates, and Merrill
Lynch S.A. Corretora is not responsible for any
eventual problems and/or losses associated with such financial services and/or
products.
"Bank of America" and "BofA Securities" are
the marketing names used by the Global Banking and Global Markets divisions of Bank of America Corporation.
Lending, other commercial banking activities, and trading in certain financial instruments are
performed globally by banking affiliates of Bank of America Corporation, including Bank of America,
N.A., Member FDIC. Trading in securities and financial instruments, and strategic advisory and
other investment banking activities, are performed globally by investment banking affiliates of
Bank of America Corporation ("Investment Banking Affiliates"), including, in the United States,
BofA Securities, Inc. and Merrill Lynch Professional Clearing Corp., both of which are registered
broker-dealers and Members of SIPC, and, in other jurisdictions, by locally registered entities.
BofA Securities, Inc. and Merrill Lynch Professional Clearing Corp. are registered as futures commission
merchants with the CFTC and are members of the NFA.
Ouvidoria Bank of America Merrill Lynch* | DDG: 0800 886 2000
*Bank of America Merrill Lynch Banco Múltiplo S.A. and Merrill Lynch S.A. Corretora de Títulos e Valores Mobiliários
Investment products offered by Investment Banking Affiliates:
Are Not FDIC Insured * May Lose Value * Are Not Bank Guaranteed.
© 2019 Bank of America Corporation. All rights reserved.
Canada. For those clients with a contractual relationship with
Merrill Lynch Canada Inc., the communications made hereby with respect to the
products and services covered by such relationship are and shall be deemed to
be made by Merrill Lynch Canada Inc. and governed by the laws of Ontario and Canada, as
applicable.
The
parties acknowledge that they have required that these Terms & Conditions
and all screen pages, documents, notices, waivers, consents or other
communications under or in connection with these Terms & Conditions are to
be prepared in the English language only. The parties further acknowledge that
they have required that all transactions be conducted in the English language
only.
Les parties aux présentes ont requis que les termes et conditions ainsi
que toutes les pages à l'écran et tout document, avis, renonciation, consentement ou autre
communication qui se rattachent aux présents termes et conditions soient rédigés en langue
anglaise seulement et s'en déclarent satisfaites. Les parties aux présentes ont requis aussi
que toutes les opérations soient réalisées en langue anglaise seulement et s'en déclarent satisfaites."
Finland
.
This website is made available in Finland by
those EU Legal entities within BofA which have been authorized in the jurisdiction to so operate.
France.
All portions of this website, as well as all services provided
through this website, which are required to be provided by a duly authorized provider
in France, are provided by, and you agree to these terms with those EU Legal entities
within BofA which have been authorized in the jurisdiction to so operate.
Hong Kong.
This website is provided in Hong Kong through a BofA entity which may
be licensed by or registered with the Securities and Futures Commission in Hong Kong for the
conduct of regulated activities. The information and content on this website has not been
reviewed by any regulatory authority in Hong Kong. This website is only intended for "professional
investors" as defined in the Securities and Futures Ordinance (Cap. 571, Laws of Hong Kong) and its
subsidiary legislation. The information and content available on this website must not be acted on or
relied on by persons in Hong Kong who are not "professional investors". By continuing to use this website,
you agree to represent and warrant that you are a "professional investor".
Unless expressly stated otherwise, the information and content available on this website are provided for
information and indicative purposes only and do not constitute an offer, solicitation or recommendation of any
securities, futures contracts or investment products. Unless expressly stated otherwise, no investments
or products shown on this website have been reviewed by or registered with the Securities and Futures
Commission or any other regulatory authority in Hong Kong. Investors are advised to exercise caution
obtain independent professional advice.
Any transactions entered into with a BofA entity will be governed by any existing agreement which has
been entered into by you with that BofA entity and nothing in these Terms of Use shall exclude or restrict
any duty or liability that BofA entity may have under any applicable laws and regulations.
India.
In India,
BofA offers certain services through DSP Merrill Lynch Limited.
"BofA Securities" is the marketing name for trading in securities and financial instruments, strategic advisory,
and other investment banking activities of Bank of America Corporation. These activities are performed
globally by investment banking affiliates of Bank of America Corporation ("Investment Banking Affiliates"),
including, in India by DSP Merrill Lynch Ltd, which provides the following services in India: Research, Equity
Sales & Trading, Futures & Options, Electronic Trading, Equity Capital Markets, Debt Capital Markets and M&A.
Ireland.
The information on this website is issued and approved
for distribution in the Republic
of Ireland by Bank of America Merrill
Lynch International Designated Activity Company. Bank of America Merrill Lynch International
Designated Activity Company is regulated by the Central Bank of
Ireland.
The information on this website does not constitute the giving of any
investment advice by any BofA affiliate. Foreign markets involve
different risks from Irish markets. In some cases, the risks may be greater.
The profit or loss in transactions on foreign markets or in foreign denominated
investments or contracts will be affected by fluctuations in exchange rates.
The value of investments may go down as well as up. The market in some
investments featured may be restricted. Investors in certain instruments may
not only lose the amount originally invested, but also have to pay more later.
Israel.
This website does not constitute an offer to the Israeli
public to acquire or sell securities or other financial instruments; nor is it
intended to induce or solicit members of the Israeli public to acquire or sell
securities (within the meaning of the Israeli Securities Law 5728-2968).
Nothing in the content of the information contained on this website should be
construed as investment advice, advice relating to portfolio management or
portfolio management as such terms are defined under the Engagement in
Investment Consultation and Investment Portfolio Management Law 5757-1995. The
information contained on this website is not intended to be taken (and should
not be so taken) as specific advice, nor does it qualify as a substitute for
investment counseling which takes into account certain information relevant to
a particular clients' needs. You should be aware, that BofA representative(s)
or other BofA entity(ies) may stand to benefit, financially or otherwise, if
securities or other financial instruments are acquired or sold through
their/its offices.
Japan.
The information on this website that is available to
users located in Japan
is provided by Merrill Lynch Japan Securities Co., Ltd., a registered
financial instruments business operator in Japan.
The information contained in the public portion of this website is limited to general
information (including, but not limited to, record of past transactions) about
BofA. Certain transactions mentioned in the public
portion of this website were not available to all investors in all
jurisdictions. The information contained in the public portion of this website
is not intended to provide specific details relating to specific securities,
futures contracts, option contracts, or financial instruments, nor to solicit
transactions with persons located in Japan. Regardless of what
securities, futures contracts, option contracts, or financial instruments may
be referred to on this website, any actual trade, transaction or provision of
services shall be effected by a BofA entity which has
a proper legal capability to do so with the relevant person in Japan. In
particular, pursuant to the securities legislation, an investor or customer
(other than financial institutions and certain institutional investors
specified in the Financial Instruments and Exchange Act) may only enter into a
transaction of securities or other financial instruments with Merrill Lynch
Japan Securities Co., Ltd. Due to legal, commercial or other reasons, such BofA
entity may not offer one or more of the securities,
futures contracts, option contracts, or financial instruments or services as
described in anywhere on this website.
Luxembourg.
The securities distributed on this website are not for
public offer in Luxembourg and may not be offered to the public in the Grand
Duchy of Luxembourg, unless the applicable legal and regulatory requirements,
in particular the rules set forth in the 28 December 1990 Grand Ducal
Regulation on the requirements for the drawing-up, scrutiny and distribution of
prospectuses to be published where transferable securities are offered to the
public or of listing particulars to be published for the admission of
transferable securities to official stock exchange listing as amended, have
been complied with.
Mexico.
Securities that have not been registered with the
National Registry of Securities and Intermediaries may not be offered in Mexico. The
information contained in the public portion of this website does not constitute
an offer or solicitation of securities. Bank of America México, S.A., Institución de
Banca Múltiple is a banking affiliate in Mexico of Bank of America Corporation.
Netherlands.
The securities featured on this website will not be
offered, transferred, or sold, whether directly or indirectly, to any
individual or legal entity, other than to individuals or legal entities who or
which trade or invest in securities in their conduct of a profession or trade
(which includes banks, brokers, dealers, insurance companies, pension funds,
other institutional investors and commercial enterprises, which regularly, as
an ancillary activity, invest in securities). Any dealings in securities will
be undertaken exclusively by those EU Legal entities within BofA which have
been authorized in the jurisdiction to so operate..
New Zealand.
The information contained on this website is not, and is under
no circumstances to be construed as, an offer of financial products under the Financial
Markets Conduct Act 2013 (NZ) ("FMCA"). Any offer of financial products will be made only
in circumstances where there is no contravention of the FMCA. BofA is not a registered bank
for the purposes of the Reserve Bank of shares in
New Zealand
Act 1989 (NZ).
Portugal.
Unless expressly stated otherwise, the information
contained on this website is not directed at Portuguese investors, does not
constitute an offer of any securities or services in Portugal, and has not been
and will not be registered under the Portuguese Securities Code as a public
offering, and no securities will be offered or sold, directly or indirectly, in
Portugal.
Singapore.
This portal is made available in Singapore by, and no transaction
may be effected on this portal save through Merrill Lynch (
Singapore) Pte. Ltd., which
is licensed by the Monetary Authority of Singapore to deal in capital markets products.
The information on this portal is restricted, and is directed only at persons who are
institutional investors as defined under section 4A of the Securities and Futures Act,
Chapter 238 of Singapore
("SFA"). Securities or securities-based derivatives contracts and
units in certain collective investment schemes may be offered to relevant persons under the
conditions set out in section 275 and section 305 respectively of the SFA. No part of the
information made available on this portal constitutes an offer of capital markets products
to persons other than institutional investors, and (where applicable) relevant persons, and such
information must not be acted on or relied upon by any other person. On-selling restrictions may
apply to capital markets products acquired through this portal.
Spain.
Unless expressly stated otherwise, the information
contained on this website does not constitute an offer of any securities or
services in Spain, and has not been and will not be registered under the
Spanish Securities Market law and no securities will be offered or sold,
directly or indirectly, in Spain. The contractual counterpart of the Spanish
investors for the services provided is a Spanish licensed entity within the
BofA group or EU Legal entities within BofA which have been authorized in the
jurisdiction to so operate.
Sweden.
The services on this website are provided to Swedish
investors by EU Legal entities within BofA which have been authorized in the
jurisdiction to so operate.
Turkey.
BofA will be under no obligation or
responsibility for any and all requirements under Turkish law and regulations,
including without limitation Turkish foreign exchange regulations, applicable
to Turkish residents regarding transactions through this website. Unless
expressly stated otherwise, the information contained on this website does not
constitute a public offer of any securities in Turkey, and has not and will not be
registered under the Turkish Capital Market Law (Law No.2499).
U.A.E. By using this
website, users in the United
Arab Emirates represent, warrant and agree
that they will use this website only as a tool to view prices and will not take
any trading action in relation to the relevant securities either on this
website or otherwise save as permitted under local laws and regulations.
U.K. The information available on this website
is for distribution only to, and is directed only at, persons who: (a) have professional experience
in matters relating to investments falling within Article 19(5) of the Financial Services and Markets Act
2000 (Financial Promotion) Order 2005 (the "Order"); (b) are persons falling within Article 49(2)(a) to (d)
("high net worth companies, unincorporated associations etc.") of the Order; (c) are outside the United Kingdom;
or (d) are persons to whom an invitation or inducement to engage in investment activity (within the meaning of
section 21 of the Financial Services and Markets Act 2000) in connection with the issue or sale of any securities
may otherwise lawfully be communicated or caused to be communicated (all such persons together being referred to
as "relevant persons"). The information available on this website must not be acted on or relied on by persons
who are not relevant persons. Any investment or investment activity to which the information available on this
website relates is only available to relevant persons and will be engaged in only with relevant persons.
Unless expressly stated otherwise, the information available on this website does not constitute an offer of any
securities to the public in the United Kingdom.
The views and information contained in this communication are provided for informational purposes only and are not
intended as an investment recommendation within the meaning of EU Regulation (EU) No 596/2014 (Market Abuse Regulation).
The UK compensation scheme and rules for the protection of private customers do not apply to the services provided or
products sold by non-UK regulated affiliates.
Nothing in these Terms of Use shall exclude or restrict any duty or liability Merrill Lynch International may have to a
client under the regulatory system (as defined in the FCA Handbook), including arrangements in or under the Financial
Services and Markets Act 2000, or require you to indemnify Merrill Lynch International against any breach of such obligations.
Foreign markets involve different risks from UK markets. In some cases, the risks may be greater. The profit or loss in
transactions on foreign markets or in foreign denominated investments or contracts will be affected by fluctuations in exchange
rates. Merrill Lynch International may not be required to provide best execution (as defined in The Financial Conduct Authority's
Conduct of Business Sourcebook) in relation to certain transactions executed through this website. The value of investments may
go down as well as up. The market in some investments featured may be restricted. Investors in certain instruments may not only
lose the amount originally invested, but also have to pay more later.
U.S.
All
areas of this website which are required to be provided to you by a U.S.
registered broker-dealer are deemed to be provided to you by BofAS or
another U.S. registered BofA broker-dealer. All
transactions executed through this website which are required to be transacted
through a U.S.
registered broker-dealer will be transacted through BofAS, BAS or another U.S. registered
BofA broker-dealer. BofAS is registered in all 50 states as well as in the District of Columbia, Guam,
Puerto Rico and the Virgin
Islands, and are members of the New York Stock Exchange, Inc., Financial Industry
Regulatory Authority, Inc. ("FINRA") and the Securities Investor Protection Corporation (SIPC).
PRIVACY STATEMENT
To view our Online Privacy Statement, which is incorporated herein by
reference, please see https://www.bankofamerica.com/privacy/index.jsp
By (a) agreeing to the Terms of Use, which
include the Online Privacy Statement, or (b) by using VANTAGE TRADE MANAGER,
and, in either case, providing any personal information that may be required,
invited or otherwise collected by us, you freely consent to BofA
processing your personal information for the purposes set out in
the Online Privacy Statement, and you also consent to the transfer of your
personal information for such purposes to any BofA
entity wherever such entity may from time to time be located and to any third
parties as described in the Online Privacy Statement.
If you do not wish to have your personal
information processed for any or all of such purposes, you should not use VANTAGE
TRADE MANAGER.
EU LEGAL ENTITY INFORMATION
The list of entities below is provided solely for the purposes of compliance
with the UK Companies (Registrar, Languages and Trading Disclosures)
Regulations 2006 and Art 4 of the First Council "Company" Directive
68/151/EEC of 9 March 1968 as
amended by Directive 2003/58/EC as implemented in local law (as applicable) and
does not itself imply any cross-liability between any of the entities listed
below with regard to any business relationships or otherwise between those
entities and users of VANTAGE TRADE MANAGER
Entity, Registered Address, Company Number, VAT Number, Activities
UK Legal
Entities
Citygate
Nominees Limited
MLFC, 2 King Edward Street, London EC1A 1HQ
02189028
N/A
Financial
services related activities
Wave Lending
Limited
MLFC, 2 King Edward Street, London EC1A 1HQ
03312246
N/A
Mortgage
Lending
Merrill Lynch
Europe Limited
MLFC, 2 King Edward Street, London EC1A 1HQ
00238151
GB245
1224 93
Financial
services related activities
Merrill
Lynch International
MLFC, 2 King Edward Street, London EC1A 1HQ
02312079
GB245
1224 93
Institutional sales and trading,
investment banking advisory and capital raising services
Bank of America Merrill Lynch International DAC (London Branch)
2 King Edward Street, London EC1A 1HQ
FC026157 / BR008339
GB245
1224 93
Financial services activities, banking and investment,
institutional sales and trading, investment banking advisory and capital raising services
N.Y. Nominees Limited
MLFC, 2 King Edward Street, London EC1A 1HQ
01057583
N/A
Financial
services related activities
S.N.C.
Nominees Limited
MLFC, 2 King Edward Street, London EC1A 1HQ
02098139
N/A
Financial
services related activities
Chetwynd
Nominees Limited
MLFC, 2 King Edward Street, London EC1A 1HQ
02098132
N/A
Financial
services related activities
Merrill Lynch Nominees Limited
MLFC, 2 King Edward Street, London EC1A 1HQ
01900010
N/A
Financial
services related activities
Bank of America
Nominees Limited
MLFC, 2 King Edward Street, London EC1A 1HQ
00410014
N/A
Financial
services related activities
Irish Legal Entity
Bank of America Merrill
Lynch International DAC
Two Park Place
, Hatch Street, Dublin
2, Ireland
No.
229165
IE8229165F
Financial services activities, banking
and investment, institutional sales and trading, investment banking advisory and capital raising services
Italian Legal Entities
Bank of America Merrill
Lynch International DAC (Milan Branch)
Via Allesandro Manzoni, 5, 20121,
Milan, Italy
Number of registration with the companies'
register of Milano-Monza-Brianza- Lodi, fiscal code and VAT number: 10526740963 | REA number: MI 2538252
10526740963
Banking Activities
German Legal Entity
Bank of America Merrill
Lynch International DAC (Frankfurt branch)
Neue
Mainzer Strasse 52, 60311 Frankfurt
am Main, Germany
No. HRB
104800
DE812102264
Security
Services
French
Legal entity
BofA Securities
Europe SA
51 Rue La Boétie, 75008 Paris,
France
RCS Paris 842 602 690
FR13842602690
Institutional
sales and trading, clearing of financial instruments, account keeping and investment services.
Spanish
Legal Entity
Merrill
Lynch Capital Markets Espaňa, S.A, S.V
Edificio
Torre Picasso, planta 40, Plaza Pablo Ruiz Picasso, 1, Madrid, 28020, Spain
No.
A-81479586
Madrid Commercial Registry, Book 11062, general, section 8, sheet 121, page
M-174376, entry 1
A -
28097459
Institutional
sales and trading, investment banking advisory and capital raising services
Valuations Disclosure
This document is confidential and is provided for informational purposes only and for
the sole use of the intended recipient. Reproduction, publication or distribution to anyone else without the prior written consent
of the affiliate of Bank of America Corporation providing this information (Bank of America Corporation together with its affiliates,
are collectively "BofA") is prohibited. All valuations: (i) are indicative only, as of the date and time (if any) specified, and subject
to change without notice; (ii) do not necessarily reflect the prices or spread levels at which BofA or any other party would purchase these
securities or other products from you or enter into these or other transactions with you and do not constitute a bid or offer, or solicitation
of a bid or offer, to buy or sell these securities or other products or enter into these or other transactions; (iii) do not necessarily reflect
the prices or spread levels at which these securities or other products or these or other transactions could or would be terminated or closed out
at any time or at which any new transaction could be entered into with BofA or any third party; (iv) do not necessarily take into account potential
illiquidity due to the size of a transaction or illiquidity resulting from the lack of an actively-traded market for such transaction or the
underlying of such transaction; and (v) do not necessarily reflect the values of securities or other products or transactions entered into or carried
on the books and records of BofA or of the values produced by pricing and/or other models used by BofA or other sources. Valuations based on other models
or differing assumptions or for different purposes may yield different results. Be advised that calls for margin or collateral or payments to be made
by you or BofA under the product or transaction may be based on considerations other than these valuations provided to you.
Valuations are based on good faith estimates of the current value of these securities or other products or transactions and may include
information that is not reflective of current market conditions or has not otherwise been updated. BofA reserves the right to change the information
in this document and the manner in which certain fields are presented without notice to you. Valuations may have been sourced from PriceServe®,
a pricing service that is independent of BofA's trading desks and incorporates market information from multiple sources including, but not limited to, BofA's
trading desks. PriceServe is the marketing name for Merrill Lynch Valuations LLC, a subsidiary of Bank of America Corporation.
A variety of assumptions and inputs may affect the analysis underlying the valuation and the assumptions and inputs used for the valuations
may vary from time to time. Such assumptions are necessarily speculative in nature and may include, but are not limited to, interest rates, credit spreads,
discount rates, prepayment and default rates, the credit rating of a particular asset or its correlation with other assets and other factors. All assumptions
have certain inherent limitations and will be affected by the precise structure of any transaction and future market conditions. It can be expected that
some or all of the assumptions may not materialize or may vary significantly from actual results. There may be additional assumptions that may be relevant
to the valuations that we have not considered. In some cases, valuations may be based on a single input. BofA gives no representation or warranty of any kind
(including without limitation, express or implied), as to the accuracy, completeness, validity or suitability of the assumptions, inputs or any information
used for the valuations or the performance of any security or other product or transaction that may be analyzed using the assumptions or inputs.
Valuations based on other models, differing assumptions, different inputs, or for different purposes may yield different results.
Valuations are generally based on a round lot size.
BofA makes no representations or warranties, express or implied, of any kind, including without limitation, as to
the accuracy, completeness, validity or suitability of the valuations contained herein or any bid, mid or ask indication relative to such valuations
or with respect to the sources or methods employed in deriving such valuations. Valuations are derived using information from sources
and methods that BofA considers appropriate, but BofA does not guarantee the accuracy or completeness of such information and has not necessarily
reviewed all relevant information that is in the public domain or otherwise available to BofA. The information herein is not a recommendation for transactions
or investment advice, is explicitly not provided for any legal, tax, accounting or regulatory purpose, and may not under any circumstance be relied
upon for purposes of calculating net asset value, complying with any financial reporting obligation, calculating any tax liability
or otherwise complying with any tax reporting obligation. Illiquid and complex financial instruments may be difficult to value and clients should consult their
own accounting or other advisors as to the adequacy of this information for their purposes.
BofA and its directors, officers, employees and agents shall have no liability to any client or any other party for loss,
claims, damages, liabilities, costs or expenses (direct or indirect, special or consequential) arising from the use of or reliance on the information herein or
from any errors or omissions in computing or delivering the information or any conclusions described or expressed herein, including those due to any act of
negligence or breach of warranty. This information is not intended to confer any rights upon any client or any other entity as against BofA or any of its directors,
officers, agents or employees, or any other party controlling any of the foregoing. BofA may have material interests that conflict with your interests. BofA may be
providing or may have provided advisory, investment banking, lending, or other services to issuers or parties mentioned herein. BofA may hold material information
which has not been taken into account when valuing the securities, transactions or other products referenced herein, and BofA shall not be obligated to disclose
or take into account such information when undertaking any valuation. Further information on any securities, transactions or other products mentioned herein may
be available upon request. BofA and/or its directors, officers, employees and agents may from time to time acquire, hold, or sell a position in the securities,
transactions or other products mentioned herein or in related securities, futures, options or other derivatives contracts. In connection with a transaction or
the purchase or sale of any security or other product mentioned herein, BofA may act as principal for its own account or as agent for both parties to the
transaction. BofA in the past may have managed or co-managed a public offering of the securities mentioned herein.
Frequency of Securities and Loans Valuations. BofA generally only provides client valuations on a monthly basis, although on an
exception basis more frequent valuations may be provided. Please note that valuations provided more frequently than monthly may have been calculated utilizing the most recently
available month-end pricing input assumptions (e.g., prepayment rates, spreads, loss assumptions, etc.) for the product being valued. For such intra-month valuations, these input
assumptions generally remain constant and the valuation only is adjusted, as necessary, based on yield curve movements. Accordingly, such intra-month valuations do not necessarily
take into account all new information that may be relevant to the valuation of the product and do not necessarily reflect the price at which these positions can be liquidated.
Frequency of Derivatives Valuations. Except as required by applicable law or regulation to be provided at a mandated interval,
the frequency of derivatives valuations may depend on the reference asset and the level of complexity involved in providing the valuation.
Securities, Loans and Derivatives. For securities, unless otherwise specified, valuations generally represent indicative
bids or spreads for a round lot transaction within the relevant market.
Valuations for loans, unless otherwise specified, are generally reflected as a bid/ask and may reflect syndicate-level
confidential information or material non-public information.
For derivative transactions BofA provides periodic mark-to-market valuations for transactions to its counterparties upon request.
Valuations are being furnished to you, at your request, as an accommodation and are not necessarily representative of how BofA would characterize the transaction. You remain
responsible for its proper reporting requirements under applicable accounting principles. Unless otherwise specified, BofA furnishes a single value for each transaction, even if
comprised of multiple legs. Unless otherwise specified, valuations for derivative transactions represent, or are derived from, mid-market values and represent the value of
the transaction from your perspective as of the date indicated and is inclusive of interest accruals and exclusive of any third party fees, if or as applicable.
For some derivative transactions, mid-market prices and inputs may not be observable. Instead, valuations may be derived from proprietary and other pricing models and
methodologies based on certain assumptions regarding past, present and future market conditions or other factors or from other sources of pricing information
(e.g., third-party and proprietary levels, executed transactions, quotes, prices on trading venues, clearing house levels, and market color on instruments or comparable
instruments/transactions, among others). In our sole and absolute discretion we may use a variety of models, methodologies and assumptions to prepare our valuations depending
upon the type of transaction, its characteristics, whether there is a liquid market and other factors. For example, in valuing OTC equity options where there is no listed
option with a corresponding expiration date, we must estimate the future share price volatility based on realized volatility of the underlying shares over periods we deem
relevant, implied volatilities of the longest dated listed options available on the underlying shares or major indices and other relevant factors. Further, valuation models
for some OTC equity options may embed the transaction costs associated with our hedging of such options; we may subtract such costs from the value shown on our books and
records when furnishing you a secondary market valuation. Valuations of securities with embedded derivatives may be based on assumptions as to the volatility of the underlying
security, basket or index, interest rates, exchange rates, dividend yields, correlations between these or other factors, the impact of these factors upon the value of the security
(including the embedded options), as well as issuer funding rates and credit spreads (actual or approximated) or additional relevant factors. While BofA believes that the
methodology and data we use to value derivatives and securities with embedded derivatives are reasonable and appropriate, other dealers might use different methodology or .
data and may arrive at different valuations. We reserve the right to alter, replace or vary our models, methodologies or assumptions from time to time without notice to you.
Structured Securities. For structured securities, unless specified otherwise, valuations represent estimated prices or spread levels at
which the owner of such structured securities might find liquidity for a round lot transaction within the relevant market. Valuations are based in part upon historical cash and
asset information periodically provided to BofA by third-parties concerning the underlying portfolios, and are not a substitute for real-time data. Certain assumptions may have
been made relating to market factors such as interest rates, credit spreads and the credit rating of a particular asset or its correlation with other assets. The actual prices
or spread levels or liquidity of these securities may vary depending on a number of factors, including but not limited to, the time of valuation, the actual assets purchased or
sold, the price at which those assets were purchased or sold, the relevant performance of those assets.
FX Options, Spots/Forwards. The Call/Put value shown on FX Options trade summaries is shown in the perspective of the base currency.
The mark-to-market value represents the value of the trade from your perspective as of the date indicated, minus/plus the value of any unsettled premium payable to/receivable from
BofA as of the valuation date, and is exclusive of any third party fees, if applicable. Please refer to your trade confirmation for the agreed terms of the applicable transaction.
For FX Spots and Forwards, Fair Market Value is reflected in USD and is discounted from the value date of the contract, using the USD Discount Factor. The option to convert Fair
Market Value into different currencies is provided for indicative purposes only.
Please follow this link for a description of the methodology and assumptions used to prepare the daily mark.
https://vtm.bankofamerica.com/DailyMarkMethodologiesandAssumptions.pdf
"Bank of America" and "BofA Securities" are the marketing names used by the Global Banking and Global Markets divisions of Bank of
America Corporation. Lending, derivatives, other commercial banking activities, and trading in certain financial instruments are performed globally by banking affiliates of Bank of America
Corporation, including Bank of America, N.A., Member FDIC. Trading in securities and financial instruments, and strategic advisory, and other investment banking activities, are performed
globally by investment banking affiliates of Bank of America Corporation ("Investment Banking Affiliates"), including, in the United States, BofA Securities, Inc. which is a registered
broker-dealer and Member of SIPC, and, in other jurisdictions, by locally registered entities. BofA Securities, Inc. is a registered futures commission merchant with the CFTC
and a member of the NFA.
Investment products offered by Investment Banking Affiliates:
Are Not FDIC Insured * May Lose Value * Are Not Bank Guaranteed.
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