TERMS OF USE
By using the password provided in this e-mail to access your financial institution’s copy of the Portfolio Intelligence Report (the “Report”), you, on behalf of such financial institution, are agreeing to these terms of use (the “Terms”) with respect to the Report. If you do not agree to these Terms, please do not enter the password to access the Report and notify Mastercard to discontinue sending future Reports.
These Terms govern your use of the “Report” on behalf of such financial institution (referred to as “You” or “Your”, as the case may be). These Terms do not modify or supersede any other agreement you have with Mastercard.
1. Subject to these Terms, You are permitted to (i) access, review, download, use, report, summarize, and print copies of the Report, and (ii) use the text, data, graphics and other content contained in the Report, in each case, solely for Your own internal and in compliance with all applicable laws and reputable business practices. You shall comply, and cause all other users of the Report to comply, with these Terms. Unless with Mastercard’s prior written consent, the Report may not be reproduced, distributed or provided to any other person or published in whole or in part, or summarized or excerpted, in any format, for any purpose.
2. You shall not combine any Report with any content (i) in any manner that states or suggests that Mastercard or any Report is endorsing, sponsoring or affiliated with such content or related products or services, (ii) making any recommendations or providing advice as to any securities or securities markets or (iii) to create a commercially available product, index or similar item, if the Report or Mastercard is mentioned publicly as a source for any data included therein. You shall at all times list Mastercard as the source of the Report and information contained therein and shall not change, obscure or remove any copyright or other notice or legend on this Report.
3. You agree that Mastercard exclusively owns all rights and intellectual property rights in the Report, and all related trademarks, service marks, logos, names, trade names, data, websites, methodologies, models and concepts (“Mastercard Intellectual Property”). You are not granted any rights, permission, or license to use any Mastercard Intellectual Property. You will not directly or indirectly, or publicly or otherwise question or contest the validity and/or value of, or disparage the Report, Mastercard Intellectual Property or Mastercard’s rights therein.
4. You acknowledge and agree that (i) the Report is solely for informational purposes and contains information available as of the publication date, (ii) use of the Report is at Your sole determination and risk, (iii) Mastercard does not provide investment or financial advice or recommendations regarding securities, (iv) THE REPORT IS NOT INVESTMENT ADVICE, (v) no person (including You and Your users) should rely upon the Report in making investment or other financial decisions, and (vi) MASTERCARD IS NOT RESPONSIBLE FOR YOUR USE OF THE REPORT.
5. The information in the Report is derived from various sources, including sales transactions made with payment cards, checks and other means of payment, which sources are believed generally reliable, but such information has not been independently verified by Mastercard. While Mastercard has used best efforts to validate certain assumptions and estimates with respect to the underlying data in the Report, Mastercard makes no representation or warranty of any kind as to the accuracy, reliability or completeness of the Report. Various assumptions and estimates may have been made in connection with the Report, which may or may not be realized. Any changes in facts, conditions, or such assumptions or estimates may also have a material effect on the statements and conclusions made in the Report. MASTERCARD MAKES NO REPRESENTATIONS AS TO MERCHANTABILITY, FITNESS FOR ANY PURPOSE OR OTHERWISE, EXPRESS OR IMPLIED, AS TO THE REPORT, WHICH ARE PROVIDED “AS IS”.
6. None of Mastercard or its affiliates, or their respective directors, officers or employees shall have any liability for any direct, indirect, consequential, punitive or other damages or any losses arising from any use of the Report. These Terms shall be enforceable by Mastercard directly against You. You shall indemnify, defend and hold harmless, Mastercard and its affiliates, and their respective officers, directors, employees, agents, licensors, from and against all claims, actions, expenses, damages and costs, including reasonable attorneys’ fees and charges, resulting from or related to Your use of the Report, or any portions thereof, and/or any violation of these Terms.
7. All data contained in the Report will comply with Mastercard’s internal antitrust, benchmarking and population size guidelines. Mastercard reserves the right, in its sole discretion, to apply adjustments in order to achieve conformance with Mastercard’s internal antitrust, benchmarking and population size guidelines.