This website (“Site”)is owned and operated by Debie, Corp. (“Debie”), Debie Ratings, LLC and each of its affiliates (collectively, “Debie”).
Terms and Conditions
5. Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Debie has endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Debie and Debie licensors and suppliers are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Debie and Debie licensors and suppliers shall have no liability for interruptions or omissions in Internet,network or hosting services. You assume the sole and complete risk of using theSite.
7. Links to Other Websites. Debie may provide links,in its sole discretion, to other websites on the World Wide Web for your convenience in locating related information and services. These websites have not necessarily been reviewed by Debie and are maintained by third parties over which Debie exercises no control. Accordingly, Debie and its directors,officers, employees, agents, representatives, licensors and suppliers(together, the “Debie Parties”) expressly disclaim any responsibility for these third-party websites, including, without limitation, for the content, the accuracy of the information, the quality of products or services provided by or advertised on and/or software downloaded from these third-party websites.Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party.
8. Events Beyond Debie’s Control. You expressly absolve and release Debie and Debie licensors and suppliers from any claim of harm resulting from a cause beyond their control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines,telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or naturaldisasters, strikes or other labor problems, wars, terrorism or governmentalrestrictions.
9. Disclosures. Debie hereby discloses that recipients of ratings rated by Debie have, prior to assignment of any rating, agreed to pay to Debie for ratings opinions and services rendered by it fees ranging from $0 to approximately $200. Debie Corporation and its affiliates, also maintain policies and procedures to address the independence of the ratings and rating processes of Debie and its affiliates.
10. DISCLAIMERS. Debie obtains all Materials furnished on the Site from sources believed by it to be accurate and reliable. You expressly agree that the ratings and other opinions provided via the Site (a) are, and will be construed solely as, statements of opinion of the relative future risk (as defined below) of entities, units, commitments, and not statements of current or historical fact as to credit worthiness, investment or financial advice, recommendations regarding credit decisions or decisions to purchase, hold or sell any securities or assets, endorsements of the accuracy of any of the data or conclusions, or attempts to independently assess or vouch for the financial condition of any company; (b) do not address any other risk,including but not limited to liquidity risk, market value risk or reporting reliability; (c) do not take into account your personal objectives, financial situations or needs; and (d) will be weighed, if at all, solely as one factor in any business, investment or credit decision made by or on behalf of you. Accordingly, you further expressly agree that you will with due care, make your own study and evaluation of each decision or entity, and of each participant and guarantor of, and each provider of credit support for, each asset or credit that you may consider purchasing, holding, selling, or providing. For the avoidance of doubt, Debie Materials and opinions may also include quantitative model-based estimates of credit risk and related opinions or commentary published by Debie. Further, you expressly agree that any tools or information made available on the Site are not a substitute for the exercise of independent judgment and expertise. You should always seek the assistance of a professional for advice on operations, investments, tax, the law, or other professional matters. For purposes of this paragraph, Debie defines “credit risk” as the risk that an entity may not meet its contractual and financial obligations as they come due and any estimated financial loss in the event of default or impairment. See Debie Ratings Symbols and Definitions publication for information on the types of contractual financial obligations addressed by Debie ratings.
RATINGS AND DEBIE MATERIALS ARE NOT INTENDED FOR USE BY ANY PERSON AS A BENCHMARK AS THAT TERM IS DEFINED FOR REGULATORY PURPOSES, AND MUST NOT BE USED IN ANY WAY THAT COULD RESULT IN THEM BEING CONSIDERED A BENCHMARK.
DEBIE RATINGS AND DEBIE MATERIALS ARE NOT INTENDED FOR USE BY RETAIL INVESTORS AND IT WOULD BE RECKLESS AND INAPPROPRIATE FOR RETAIL INVESTORS TO USE DEBIE RATINGS OR OTHER DEBIE MATERIALS WHEN MAKING AN INVESTMENT DECISION. IF IN DOUBT YOU SHOULD CONTACT YOUR FINANCIAL OR OTHER PROFESSIONAL ADVISER.
TO THE EXTENT PERMITTED BY LAW, THE DEBIE PARTIES DISCLAIM LIABILITY TO ANY PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL LOSSES OR DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THIS SITE AND ITS MATERIALS OR THE USE OF OR INABILITY TO USE THE SITE OR ANY OF ITS MATERIALS, EVEN IF ANY OF THE DEBIE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, INCLUDING, BUT NOT LIMITED TO:
(i) COMPENSATION,REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS;
(ii) EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL;
(iii) ANY LOSS OR DAMAGE ARISING WHERE THE RELEVANT FINANCIAL INSTRUMENT IS NOT THE SUBJECT OF A PARTICULAR RATING ASSIGNED BY DEBIE;
(iv) LOSS OF DATA;
(v) COST OF SUBSTITUTE MATERIALS;
(vi) COST OF CAPITAL;
(vii) THE CLAIMS OF ANY THIRD PARTY, OR
(viii) ANY SUCH DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY OTHER REASON WHATSOEVER.
TO THE EXTENT PERMITTED BY LAW, THE DEBIE PARTIES DISCLAIM LIABILITY FOR ANY DIRECT OR COMPENSATORY LOSSES OR DAMAGES CAUSED TO ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO BY ANY NEGLIGENCE (BUT EXCLUDING FRAUD, WILLFUL MISCONDUCT OR ANY OTHER TYPE OF LIABILITY THAT, FOR THE AVOIDANCE OF DOUBT, BY LAW CANNOT BE EXCLUDED) ON THE PART OF, OR ANY CONTINGENCY WITHIN OR BEYOND THE CONTROL OF,THE DEBIE PARTIES ARISING FROM OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE AND ITS MATERIALS.
12. Submissions. Debie welcomes your feedback and suggestions, including about how to improve this Site. Debie and/or its may make available through the Site certain services to which you are able to post comments, information and/or feedback (for example, message boards, blogs, chat features, messaging and/or comment functionalities). Any ideas, suggestions, information, feedback, know-how, material, and any other content (collectively, “Submissions”) posted and/or received through this Site, will be deemed to include a worldwide, royalty-free, fully paid-up, perpetual,irrevocable, nonexclusive, transferable and fully sublicensable (through multiple tiers) right and license for Debie to adopt, publish, reproduce,disseminate, transmit, distribute, copy, use, create derivative works, display,(in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions.You hereby waive (a) any claim to the contrary; and (b) any “moral rights”associated with your Submissions. You represent and warrant that you have all rights necessary for you to grant the foregoing license, and that each Submission you provide to the Site complies with all applicable laws, rules and regulations. You are and remain responsible and liable for the content of any Submission. IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS SECTION,PLEASE DO NOT POST, TRANSMIT OR OTHERWISE MAKE ANY SUBMISSION. ANY SUBMISSIONS MADE ARE DONE SO AT YOUR OWN RISK. Please note, Debie does not control any of the User-submitted Submissions, they do not reflect the opinion of Debie, and Debie does not guarantee their accuracy or endorse any of the opinions expressed. The Debie Parties are not responsible or liable for (i) any Submissions, including,without limitation, any errors or omissions in such Submissions, links or images embedded therein, or results obtained by using any of the same; or (ii) any loss or damage caused by the Submissions or resulting from the use (including without limitation republication) or misuse thereof by any third party,including your reliance thereon.
13. Export Restrictions. No software or any other Materials associated with this Site may be downloaded or otherwise exported or re-exported to countries or persons prohibited under relevant export control laws, including, without limitation, countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such software or other Materials. By using and/or downloading any such software and/or other Materials from this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
14. QIB Notification. Portions of this Site were created in order to enable "qualified institutional buyers," as defined in Rule 144A under the Securities Act of 1933 ("QIBs") Debie does not make any recommendations as to whether to buy, sell or hold any such securities or assets or as to the usefulness of its software, products, and data to you for purposes of making any such evaluation.
16. Dispute Resolution.
24. Sanctions Compliance. You warrant you are familiar with, have complied with, and will comply, in all respects, with the laws and regulations regarding the offering of unlawful or improper inducements(including the U.S. Foreign Corrupt Practices Act, as amended, and other anti-corruption and anti-bribery laws). You warrant that neither you, nor any entity on whose behalf you are acting, is owned or controlled by, nor do you or such entity own or control, directly or indirectly, a person or entity that is(i) on the list of Specially Designated Nationals and Blocked Persons maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the U.K. Consolidated Financial Sanctions List maintained by Her Majesty’s Treasury; or (ii) subject to country sanctions imposed by the U.S. Government for any reason, including but not limited to being organized or headquartered in or a governmental entity of a country or territory subject to such sanctions (currently Crimea, Cuba, North Korea, Iran, and Syria). Additionally, you, or the entity on whose behalf you are acting, warrant that you or such entity do not intend to and will not knowingly supply or use the Site to or for the benefit of any of the foregoing. You agree to notify Debie if these circumstances change. For purposes of this provision,"owned" and "own" mean an interest of 50 percent or more and "control" means the right or ability to dictate the decisions, actions, and/or policies of an entity or its management. If you breach this Section, in addition to any other rights or remedies Debie may have, Debie may immediately terminate your access to the Site and any affected subscriptions.
25. Forward-Looking Statements. Certain statements contained on this Site, in Debie news releases or communicated orally or in writing by Debie concerning the company or its management, are “forward-looking statements” as defined in the federal securities laws. These statements are based on future expectations, plans and prospects for Debie’s business and operations that involve a number of risks and uncertainties, which could cause actual results or outcomes to differ materially. Forward-looking statements appear at various places throughout the Site and may contain the words “believe”,“expect”, “anticipate”, “intend”, “plan”, “will”, “predict”, “potential”,“continue”, “strategy”, “aspire”, “target”, “forecast”, “project”, “estimate”,“should”, “could”, “may” and similar expressions or words and variations thereof.
29. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Debie a notice requesting that Debie remove the material or block access to it. Ifyou believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Debie a counter-notice.Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent by mail to: Legal Department (DMCA Notices), 1235 Safari Street - San Antonio, TX 78216; by email to DMCAnotices@debieratings.com. Debie suggests that you consult your legal advisor before filing a notice or counter-notice.
San Antonio, TX 78216