Brandes requires that all visitors to Advisor site on the World Wide Web be approved by Brandes and adhere to the following terms and conditions ("Terms"). By clicking on the "ACCEPT" button at the bottom of these Terms, you indicate your acknowledgment and acceptance of these terms and conditions.
1. Access to the Advisor Site Limited to Authorized Use: Access to and use of password protected or otherwise secured areas of the A.S. is restricted to Authorized Users only, and only for the Authorized Purpose (as defined in Section 2 below). As an Authorized User, you are the only person authorized to access the A.S using your User Name and Password. You are responsible for all uses of the A.S by you or any other person who uses your User Name and Password, with or without your permission. If you are using the A.S on behalf of a company or other organization, you represent and warrant that you are authorized to enter into this agreement on behalf of that organization, and you acknowledge that the rights to use the A.S are expressly conditioned on such representation. Unauthorized individuals attempting to access these secured areas of the A.S will be subject to prosecution to the furthest extent permitted by law. "Authorized User" is defined as that person to whom Brandes has issued a user name ("User Name") and password ("Password") and who agrees to be bound by these Terms. You represent that you are a broker/dealer and/or an investment adviser operating in compliance with any and all applicable laws (including any laws or exemptions pertaining to your need to be registered and/or licensed with any self-regulatory organization and/or any state, local, municipal or federal governmental authority). Authorization to use the A.S by Brandes does not make you a “solicitor” for purposes of Rule 206(4)-3 under the Investment Advisers Act of 1940, as amended, and Brandes expressly disclaims that you are its solicitor for purposes of Rule 206(4)-3 or otherwise.
2. Obtaining a User Name and Password: Authorized Users will be given an online User Name and Password that will give the Authorized User access to (a) general information and marketing material occasionally available in the Investment Professionals Center (“Marketing Materials”); (b) Brandes’ new account opening documentation (including the New Account Application Package which contains the Broker/Consultant Instructions, Confidential Client Information Questionnaire and Fee Insert (collectively, the “New Account Documentation”); and (c) account information of Authorized User’s current client(s) only (“Client Information”) ((a), (b) and (c) above either collectively or individually being an "Authorized Purpose"). For security purposes it is recommended that the Authorized User memorize this User Name and Password and not write it down.
3. Confidentiality/Agreement Not to Disclose to Third Parties/Use of Marketing Materials and New Account Documentation: You agree that you shall keep all Client Information you obtain through, in or on this Investment Professionals Center ("Information") in strictest confidence and no part of such Client Information shall be disclosed to any third party (other than the client to which the information pertains) for any reason in any manner whatsoever. Furthermore, you agree to keep your User Name and Password in strictest confidence and shall not disclose your User Name and/or Password to any third party for any reason in any manner whatsoever. If you believe that your User Name and/or Password may have been lost or stolen, or that an unauthorized user has been accessing the Investment Professionals Center, you must notify Brandes at once at 800.237.7119 (Attn.: Marketing Communications).
With respect to the Marketing Materials and New Account Documentation, the only statements authorized by you to make about Brandes, its products and/or the terms of its services, are those that appear on or are contained in the Marketing Materials and New Account Documentation. You are not authorized to make and represent and agree that you shall not make any statement and/or representation about Brandes, its products and/or the terms of its services to third parties to whom you present any Marketing Materials and/or New Account Documentation other than those contained in said Marketing Materials and/or New Account Documentation. You agree to be fully and solely responsible and liable for any statements or representations you make to any third party about (a) Brandes, its products and/or the terms of its services; (b) any Marketing Materials; and (c) any New Account Documentation in violation of this Paragraph 3.
You further agree, acknowledge and represent that you will deliver a copy of Brandes’ Form ADV to any third party to whom you present, give or deliver any New Account Documentation obtained from this Investment Professionals Center. You acknowledge that Brandes’ ADV is easily available may be easily downloaded and printed from Brandes’ website.
You agree to fully indemnify, defend and hold Brandes harmless for any losses, costs, damages and expenses in connection with your breach of this Paragraph 3 or any other agreement or covenant contained in these Rules.
4. Contact Information: By registering on the website, you grant Brandes permission to contact you via phone and/or email.
5 Termination: Brandes reserves the right to terminate your use of the Investment Professionals Center at any time for any or no reason at its sole discretion. Brandes may at any time modify or terminate any of the features, services or technology requirements or any other aspect of the Investment Professionals Center, at our sole discretion.
6. No Warranties: ALL INFORMATION ON THE INVESTMENT PROFESSIONALS CENTER IS PROVIDED TO YOU "AS IS" WITHOUT REPRESENTATION, GUARANTEE OR WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR THE LIKE, SECURITY OR ACCURACY. Brandes is not responsible for any information, opinion, advice or other content of the Investment Professionals Center ("Content") obtained from third parties. Brandes does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made through the Investment Professionals Center by any party other than Brandes. Under no circumstance will Brandes be liable for any loss or damage caused by any user's reliance on any Content obtained through the Investment Professionals Center. It is your responsibility to evaluate the accuracy, completeness, suitability or usefulness of any Content. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific Content.
The Content should not be construed as investment or financial advice. Brandes expressly disclaims all liability in respect to actions taken or actions not taken based on any or all of the Content.
The Content has been included for informational purposes only, and may not reflect current financial data, developments and/or market conditions. No recipient of Content, clients, brokers or otherwise, should act or refrain from acting on the basis of any Content without seeking the appropriate financial or other professional advice on the particular facts and circumstances at issue.
References in the Investment Professionals Center to specific securities should not be construed as particularized investment advice or as recommendations that you or any investors purchase or sell these securities on their own account. Because accounts are individually managed, specific securities discussed in this Investment Professionals Center may not be owned by every account. Some information contained in the Investment Professionals Center has been obtained from sources believed to be reliable, but the accuracy and/or completeness of any Content cannot be guaranteed. Any transactional detail respecting any client account contained on the Investment Professionals Center does not supersede your normal trade confirmations or statements. Nothing in the Investment Professionals Center may be relied upon for tax purposes.
Not every client’s account will have the exact same characteristics. The actual characteristics with respect to any particular client account will vary based on a number of factors including but not limited to: (i) the size of the account; (ii) investment restrictions applicable to the account, if any; and (iii) market exigencies at the time of investment. Brandes reserves the right to modify its current investment strategies and techniques based on changing market dynamics or client needs.
7. Limitation of Liability: Brandes specifically disclaims any liability (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Investment Professionals Center, (even if Brandes has been advised of the possibility of such damages) including without limitation liability associated with any viruses which may infect a user's computer equipment or any other computer security breaches.
8. Laws and Regulations: Your access to and use of the Investment Professionals Center is subject to all applicable federal, state and local laws and regulations as well as all applicable foreign laws and regulations.
9. Changes to Terms and Conditions: We reserve the right to modify these Terms at any time. We will post a notice at the Investment Professionals Center that a change has been made, along with the modified Terms. If any modification or addition is unacceptable to you, you must discontinue your use of the Investment Professionals Center. Your continued use of the Investment Professionals Center will mean that you have accepted your use of the Investment Professionals Center in accordance with the modified Terms.
10. Violation of Terms and Conditions: Brandes reserves the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access in any way it deems appropriate including without limitation by blocking access from a particular Internet address to the Investment Professionals Center or by any particular person. 11. Copyright and Trademark Protection: The trademarks, logos and service marks displayed on the Investment Professionals Center ("Marks") are the property of Brandes and other parties. You are prohibited from using any Marks without the written permission of Brandes or such third party that may own the Marks. You agree and acknowledge that the Marketing Materials, New Account Documentation and all other Content is protected by copyright, trademark, data protection, privacy and other proprietary and personal rights law. Brandes and its licensors retain full and complete title and ownership, and all intellectual property and other rights in, all Information. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any of the Marketing Materials, New Account Documentation, Client Information and/or other Content for commercial or public purposes not expressly authorized herein.