Legal Statement

In certain jurisdictions, where required by law, New England Asset Management Limited1 (hereinafter referred to as NEAM Limited or sometimes "us" or "we") may only transact business where it has filed notice or otherwise registered with the jurisdiction that it is conducting investment advisory business. In any jurisdictions where it has not provided notice or registered and is not otherwise exempt or excluded from such requirements, it cannot transact business as an investment adviser and may not be able to respond to your inquiries. By using this website, you agree at all times during your use of this website to abide by these terms of use and any additions or amendments to these terms. Please read the terms of use carefully. NEAM Limited reserves the right at its sole and absolute discretion, to change, modify, add, or remove portions of these terms at any time. In addition, when using this website or a service of this website, you will be subject to any posted guidelines, rules or policies for the service. Those guidelines, rules and policies, whether now existing or adopted in the future, are incorporated by reference into these terms of use.

SECURITIES DISCLAIMER

The information contained on this website and the Extranet has been prepared and obtained from original sources and data we believe to be reliable, but we make no representations as to its accuracy, timeliness or completeness. Nothing on this website or Extranet shall be considered a solicitation to buy or an offer to sell a security to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the securities laws of such jurisdiction. Please consult with your investment professionals, tax advisors or legal counsel as necessary before relying on this material.

PROPRIETARY RIGHTS

NEAM Limited and its parent company New England Asset Management, Inc. (hereinafter referred to as NEAM), maintains this website as a service to the Internet community. The design of this website, and information contained within are the property of NEAM and protected by copyright, trademark and other intellectual property and proprietary rights. The selection, arrangement and design of the entire contents of this website, as well as the original contents herein, are the property of NEAM. New England Asset Management, CARA, EBIB, Enterprise Based Investment Decisions, Partnership at Work and Enterprise Capital Return and Risk Management are service marks or registered service marks of General Re Corporation. Other product and company names mentioned herein might be the trademarks or service marks of their respective owners.

This website may be viewed and its contents downloaded by you for your own personal non-commercial use or your companies' internal use. You must keep intact all copyright and other proprietary notices. The website and its contents may not be displayed, modified, transmitted, reproduced, copied, licensed, sold, broadcast, published, re-published or distributed in whole or in part in any manner without the prior written consent of NEAM or General Re Corporation.

COPYRIGHT COMPLAINTS

NEAM Limited respects the intellectual property of others, and we ask our users and visitors to do the same. NEAM Limited may, in appropriate circumstances and at its discretion, terminate access to a user or visitor who infringes the intellectual property rights of others. If you believe that your work has been copied and is accessible on the NEAM Limited website in a way that constitutes copyright infringement, please notify NEAM Limited by providing its Copyright Agent with the following information:

  1. a description of the copyrighted work that you claim has been infringed;
  2. a description of where the material that you claim is infringing is located on the NEAM Limited website;
  3. your address, telephone number, and email address;
  4. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  5. 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
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf

NEAM Limited’s Copyright Agent for Notice of claims of copyright infringement on this web site is:

By Mail: Guillaume Poznanski, Systems Manager 
NEAM Limited
The Oval – Block 3
Shelbourne Road
Dublin 4
By E-mail: guillaume.poznanski@neamgroup.com 

DISCLAIMER

This website has been established for the benefit of NEAM Limited, its clients' authorized users and other visitors. If you are a visitor to this website, or an authorized user of NEAM Limited’s Extranet, you may also have the ability to receive personalized email and alerts, to receive publications authored by NEAM personnel, to retrieve investment accounting reports for your investment portfolio(s), to access NEAM's data warehouse, and to use NEAM's market monitor, portfolio analysis, peer analysis and asset allocation quantitative tools and models.

NEAM Limited disclaims any and all liability for any delay and/or failure in receiving email alerts, retrieving investment accounting reports for your investment portfolio(s), accessing NEAM's data warehouse, and using NEAM's market monitor, portfolio analysis, peer analysis and asset allocation quantitative tools and models.

NEAM Limited does not undertake to respond to any electronic mail, submissions or requests from visitors who are not clients of NEAM Limited. There is no promise or undertaking by NEAM Limited that it will provide or continue to provide personalized portfolio analyses or other monitoring report features to users of this website. By using this website, you acknowledge that it has been provided for the convenience of NEAM Limited.

NEAM LIMITED EXPLICITLY DISCLAIMS RESPONSIBILITY FOR ANY FAILURE OF ANY TRANSMISSION TO REACH ITS INTENDED RECIPIENT OR FROM ANY RESULT OF SUCH FAILURE. NEAM LIMITED also notifies users that it may not inform the visitor of the results of the attempted transmission or failure thereof through the website. NEAM LIMITED may discontinue any and all applications, tools and features available on the website at its sole and absolute discretion.

NEAM Limited will use reasonable efforts to include accurate, reliable and up-to-date information, but make no warranties or representations as to the truth, accuracy, reliability, usefulness, and timeliness of the data and tools on the website. NEAM LIMITED SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND RELATED TO OR ARISING OUT OF: (1) YOUR ACCESS OR INABILITY TO ACCESS OR YOUR USE OR YOUR INABILITY TO USE NEAMGROUP.COM OR OTHER WEBSITES OWNED OR CONTROLLED BY NEAM LIMITED; (2) YOUR RELIANCE ON THE INFORMATION PROVIDED IN ANY NEAM LIMITED WEBSITE OR SERVICE; OR (3) FOR THE LOSS CORRUPTION, OR MISDIRECTION OF ANY DATA OR INFORMATION THAT YOU PROVIDE TO US.

We have designed the website to work with any mainstream browser. Certain sections of the website may only be viewable with Microsoft Internet Explorer.

WE ALSO DISCLAIM ALL LIABILITY FOR ANY COMPUTER VIRUSES OR OTHER DISABLING COMPUTER CODE THAT MAY BE LOADED INTO USER'S COMPUTERS WHEN THEY DOWNLOAD DOCUMENTS FROM THIS WEBSITE. NEAM LIMITED PROVIDES ACCESS TO TOOLS, INCLUDING DOWNLOADABLE TOOLS, BUT DOES NOT GUARANTEE THEIR FITNESS FOR ANY PURPOSE, THEIR SUITABILITY FOR ANY TASK, THEIR ACCURACY, RELIABILITY OR USEFULNESS, OR THEIR COMPATABILITY WITH YOUR COMPUTER OR SYSTEM. Users of this website are strongly advised to obtain and use appropriate anti-virus and security software. The access provided to the tools on any NEAM Limited website or service does not include any proprietary rights in the tools. The rights to any such tools shall at all times be retained by NEAM Limited or its third party licensors. Although NEAM Limited will not knowingly infringe the rights of third parties, it makes no representation or warranty that the tools provided do not infringe the rights of others.

Clicking on certain links within this website will let you leave NEAM Limited's website. The linked websites are not under the control of NEAM Limited and NEAM Limited is not responsible for the contents of any linked website or any link contained in a linked website. NEAM Limited provides these links to you only as a convenience, and inclusion of any link does not imply endorsement by us of a linked website. NEAM Limited is under no obligation to maintain any link on this website and may remove a link at any time in its sole discretion for any reason whatsoever.

This agreement does not create a confidential relationship between you and us. We shall have no liability whatsoever for the results of your postings and submissions to this website or by means of this website. You agree to defend, indemnify and hold us, our employees, agents, officers, directors, contractors, suppliers and other representatives harmless from and against all liabilities, damages, claims, actions, costs and expenses (including attorneys' fees), in connection with or arising from your breach of these terms of use and/or your use of the Site.

We reserve the right at all times and in our sole discretion to change the services referred to in www.neamgroup.com.

PRIVACY

We at NEAM Limited understand that web enabled clients are concerned about the privacy of information. We have established policies and procedures concerning the collection, use and security of information that will help protect the privacy of registered users. Our information privacy standards are designed to help us serve our clients while maintaining our own strict security standards, and are intended to comply with the data protection laws of the various jurisdictions where we do business.

We will collect only the personal information from visitors (including email addresses and phone numbers) which visitors voluntarily submit and based on their usage of this website. This information is collected in order to enable NEAM Limited to better identify and serve its visitors and to respond better to their needs. On the Extranets, we also collect information concerning the use of the analytical and portfolio analysis tools. We will not intentionally disclose the details about web visitors or any of their business information to anybody outside of NEAM Limited and its parent and affiliates without the visitor's express permission, unless disclosure is required by law, or is in compliance with legal process, or if necessary to protect our rights or our business reputation or to act in an emergency situation to protect personal safety or to prevent harm to persons or property.

We will collect information about the Internet Service Providers and the Browsers that visitors use to visit www.neamgroup.com and we will use this aggregated information statistically to serve our clients better. This website does serve cookies. A cookie is a small file that is created to help visitors navigate about a website, and is useful to track the traffic to and at a site and to personalize the website. You may refuse the cookies but certain services on a website may not then function properly.

We also collect and store certain information in order to answer your email, respond to your submissions, to complete your personal profile and to measure the overall interest of our visitors to the various sections of this website and our Extranets.

Our website does not respond to Do Not Track signals.

SECURITY

We cannot provide any assurance of privacy over a network that is not a secure network or over a network that we do not control. The Internet is not a secure network and, aside from our own servers, not within our control. Once a client is logged onto our client portal located at www.neamgroup.com, all information and reports will be transmitted utilizing the Secure Socket Layer (SSL) protocol, a security protocol to help safeguard information while interacting with you on the website. This encrypts your information so a third party cannot easily read the information while in transit.

Electronic Message and E-Mail Security - Messages traveling through the Internet using your Internet provider's e-mail process are subject to viewing, alteration and copying. We are not responsible for the security or confidentiality of communications you send to www.neamgroup.com through the Internet using the e-mail process.

TERMINATION

These terms of use are effective until terminated by either party as follows: (1) you may terminate by discontinuing use of this website and destroying any materials obtained from this website; and (2) NEAM Limited may terminate this agreement at any time without notice, and remove and discard the website or any content within the website, for any reason, including, without limitation, for lack of use, or if NEAM Limited believes in its sole discretion that you have violated or acted inconsistently with the letter or spirit of the terms of use. NEAM Limited may also discontinue providing this website and service at any time, with or without notice.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND THAT UNDER NO CIRCUMSTANCES SHALL NEAM LIMITED, ITS PARENT COMPANY, OR ANY OF ITS PARENT'S SUBSIDIARY COMPANIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEBSITE, EVEN IF NEAM LIMITED OR A NEAM LIMITED AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES ANY STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE.

SINCE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL NEAM LIMITED'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS U.S.

INTERPRETATION

The provisions of this Legal and Privacy Statement and the terms and conditions of use in this statement are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this statement, is prohibited. NEAM Limited reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill or the commercial reputation and good will of its vendors and clients. We may modify the terms and conditions of this statement at any time and we may add or delete any provision at any time without notice. We may take whatever action we deem appropriate, including (among other things) investigating allegations of improper activities, making reports to law enforcement authorities or suspending or terminating service to you, if we believe that there has been a violation of the terms and conditions of this statement or a breach of our agreement with you.

CHOICE OF LAW AND JURISDICTION

These terms of use will be governed by and construed in accordance with the laws of Ireland, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the Irish courts and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

 

1 New England Asset Management Limited is regulated by the Central Bank of Ireland.

 

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