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Scotia Capital Terms of Access

IMPORTANT: THIS NOTICE GOVERNS USE OF THIS WORLD WIDE WEB SITE ("SITE") SCOTIACAPITAL.COM. BY ACCESSING THIS SITE, YOU AGREE TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS THIS SITE.

1. This site contains information regarding the products and services of the corporate and investment banking businesses of The Bank of Nova Scotia; Scotia Capital Inc.; Scotia Capital (USA) Inc.; Scotiabanc Inc.; Citadel Hill Advisors L.L.C.; The Bank of Nova Scotia Trust Company of New York; Scotiabank Europe plc; Scotia Capital (Europe) Limited; Scotiabank (Ireland) Limited; Scotiabank Inverlat S.A., Institución de Banca Múltiple, Grupo Financiero Scotiabank Inverlat; Scotia Inverlat Casa de Bolsa S.A. de C.V., Grupo Financiero Scotiabank Inverlat; Scotia Inverlat Derivados S.A. de C.V., Grupo Financiero Scotiabank Inverlat; Scotia Waterous Inc.; among others. These businesses and the corporations which provide them (including various other subsidiaries) are collectively referred to as "Scotia Capital" in this site. Not all products and services mentioned in this site are provided by each of these corporations; the products and services are provided by the corporation which is authorized by law to provide the product and service. These corporations are all members of the Scotiabank Group (and authorized users of the Scotia Capital trademark).

2. Information in this site regarding services and products of Scotia Capital is applicable only in jurisdictions where such services and products may lawfully be offered for sale and is void where prohibited by law. If you access this site from outside of Canada, you are responsible for compliance with local, national and international laws. Not all products and services are available across Canada or in all countries. You may not be able to deal directly with all of the corporations represented by Scotia Capital. All Scotia Capital products and services are subject to the terms of applicable agreements. Descriptions of Scotia Capital products and services in this site may include accompanying legal disclaimers, restrictions and disclosures of importance. You are deemed to have notice of them regardless of your use or down loading of only a part of this site.

3. This site is established solely for the exchange of information. It may not be used to place, buy or sell orders for securities or commodities, or to give instructions regarding accounts maintained by any user with Scotia Capital. For information regarding your existing accounts, contact your relationship manager.

4. Use of this site is not intended and shall be deemed not to create any legal relationship of whatsoever kind between the user and Scotia Capital or to amend or vary any existing legal relationship.

5. This site, including the facts, data, information and other contents contained in it, is not intended to be:

(a) a comprehensive or detailed statement concerning the matters addressed;

(b) investment, tax, banking, accounting, legal, or other professional or expert advice;

(c) an offer to sell or buy or a recommendation to buy or sell any stock, bond or other financial instrument,

and every user of this site is advised to seek professional advice before acting or omitting to act on any part of the site.

6. This site may include forward-looking statements about objectives, strategies and expected financial results of members of the Scotiabank Group. Such forward-looking statements are inherently subject to uncertainties beyond the control of the members of the Scotiabank Group, including but not limited to economic and financial conditions globally, regulatory development in Canada and elsewhere, technological developments and competition. The reader is cautioned that the member's actual performance could differ materially from such forward-looking statements.

7. Scotia Capital and/or its affiliates and/or their respective officers, directors or employees may from time to time acquire, hold or sell securities and/or commodities and/or commodity futures contracts mentioned in this site as principal or agent. Scotia Capital and/or its affiliates may have acted as financial advisor and/or underwriter for certain of the corporations mentioned in this site and may have received and may receive remuneration for same.

8. Although Scotia Capital believes the content of this site to be correct, it makes no warranty or representation as to the correctness or completeness of such information. Information in this site is subject to change without notice. Scotia Capital does not, and does not intend to, and expressly disclaims any duty to, update or correct information on this site.

9. World wide web sites accessed by hypertext links ("hyperlinks") appearing in this site have been independently developed by parties other than Scotia Capital, and Scotia Capital has no control over information in any hyperlinked site. Scotia Capital is providing hyperlinks to users of this site only as a convenience. Scotia Capital is not responsible for the quality, content or reliability of any information in any hyperlinked site. The inclusion of any hyperlink in this site should not be construed as an endorsement by Scotia Capital of the information in such hyperlinked site and does not imply that Scotia Capital has investigated, verified or monitored the information in any such hyperlinked site. Should you wish to inquire about creating a link from your world wide web site to this site, or about the use of the names of members of the Scotiabank Group, contact the Scotia Capital Marketing Department by telephone at (416) 945-4037 for written authorization. The listing of an organization in this site should not be construed as an endorsement of its services or products.

10. The reference to any independent organization should not be construed as an endorsement by Scotia Capital of such organization's services or products.

11. Reuters and other "feed" services are not related to and are independent of Scotia Capital. Scotia Capital is providing information from Reuters and other "feed" services to you as a convenience. Scotia Capital did not investigate or verify any such information and the inclusion of any such information does not imply that Scotia Capital endorses it. Scotia Capital makes no representation as to the accuracy of such information.

12. Reuters content is the intellectual property of Reuters Limited. Any copying, republication or redistribution of Reuters content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of Reuters. Reuters shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon. Reuters, the Reuters Dotted Logo and the Sphere Logo are registered trademarks of the Reuters group of companies around the world. To the extent permitted by law, Scotia Capital shall not be liable for any damages suffered or incurred by the user of this site or any third person arising out of any faults, interruptions or delays in the Scotia Capital site or the Reuters Services and any inaccuracies, errors or omissions in the Scotia Capital and Reuters content. Except as expressly stated in this site, there are no warranties, conditions, guarantees or representations (in this paragraph called "Warranties") as to merchantability, fitness for a particular purpose or other warranties, whether express or implied, in law or in fact, oral or in writing. All software is provided "as is" without any representations or Warranties. Each user hereby acknowledges that it has not relied upon any representations or Warranties of Scotia Capital or Reuters Information Services (Canada) Limited.

13. This site is not a secure medium for communication. Any confidential, proprietary, or sensitive information transmitted by a user by means of this site may be read and copied by unauthorized persons.

14. Copyright in the content of this site, including the screens displaying the pages and their arrangement, is owned by The Bank of Nova Scotia unless otherwise indicated. All rights reserved. Users of this site may copy this site for their own personal use but without the prior written permission of Scotia Capital may not republish or reproduce any substantial part of this site in any manner whatever, including electronically reproducing this site by "uploading", "downloading" or "accessing" this site onto the Internet or any other local or international computer system, and any such unauthorized use constitutes copyright infringement. Any report included in this site may not be reproduced in whole or in part, or referred to in any manner whatsoever, nor may the information, opinions, and conclusions contained in it be referred to without in each case the prior express consent of Scotia Capital. Use of any software downloaded from this site is governed by the terms of any license agreement provided with that software.

15. The display of trade marks in this site does not imply that a license of any kind has been granted. All service and product names are trademarks of their respective owners. The Bank of Nova Scotia is the owner of the Canadian trademarks Scotia Capital; Flying S, Scotia Capital & Design; ScotiaMocatta; Scotia Waterous; Scotiabank and Scotia, and has additional trademarks and service marks in Canada and other countries, designated by the symbols ® and ™ or * for registered and unregistered marks respectively. Scotia Capital Inc. ("SCI"), Scotia Capital (USA) Inc. ("SCUSAI"), Scotiabank Europe plc, Scotiabank Inverlat S.A., Institución de Banca Múltiple Grupo, Financiero Scotiabank Inverlat; Scotia Inverlat Casa de Bolsa S.A. de C.V., Grupo Financiero Scotiabank Inverlat and Scotia Inverlat Derivados S.A. de C.V., Grupo Financiero Scotiabank Inverlat; are authorized users of the Scotia Capital; Flying S, Scotia Capital & Design mark. The ScotiaMocatta trademark represents the bullion metals business of The Bank of Nova Scotia, operating under the marketing name of Scotia Capital. The Scotia Waterous trademark represents the global oil and gas M&A business of The Bank of Nova Scotia and its various subsidiaries, operating under the marketing name of Scotia Capital.

16. The contents of each of Scotia Capital Universe Bond Index, Scotia Capital Short Term Bond Index, Scotia Capital Mid Term Bond Index, Scotia Capital Long Term Bond Index and Scotia Capital 91 Day Treasury Bill Index (collectively, the "Indices") are proprietary to 2099242 Ontario Inc. All rights reserved. No part of the Indices may be reproduced or transmitted in any form by any means without prior written permission of 2099242 Ontario Inc. 2099242 Ontario Inc. shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon. To the extent permitted by law, Scotia Capital Inc. shall not be liable for damages suffered or incurred by the user of this site or any third person arising out of any inaccuracies, errors or omissions in the Indices. Except as expressly stated in this site, there are no warranties, conditions, guarantees or representations (in this paragraph called "Warranties") as to merchantability, fitness for a particular purpose or other warranties, whether express or implied, in law or in fact, oral or in writing. Indices are provided "as is" without any representations or Warranties. Each user hereby acknowledges that it has not relied upon any representations or Warranties of 2099242 Ontario Inc. Scotia Capital is a registered trade-mark of the Bank of Nova Scotia and used by 2099242 Ontario Inc., a licensed user of the trade-mark for the purposes of the Indices. Scotia Capital and the operator of this site expressly disclaim any liability for losses or damages, whether direct, indirect, special, or consequential, or other consequences, howsoever caused, arising out of the use of this site or any reproduction of this site, whether authorized or not. By accessing this site, each user of this site releases Scotia Capital and all related companies and their respective officers, directors, agents and employees from all claims and proceedings for such losses, damages or consequences.

17. Canadian laws apply to this site and to the use of this site by any user, notwithstanding the domicile, residence or physical location of the user. The user of this site submits and attorns to the exclusive jurisdiction of the courts of the Province of Ontario to determine any proceeding arising out of the use of this site.

18. Scotia Capital Inc. is authorised and regulated by the Financial Services Authority (FSA) with respect to its activities in the U.K.

19. U.S. Residents: Scotia Capital (USA) Inc. is a wholly owned subsidiary of Scotia Capital Inc. Any U.S. person wishing further information or to effect transactions in any security discussed herein should contact Scotia Capital (USA) Inc. at (212) 225-6500.

Click here to access the Scotia Capital home page subject to the foregoing terms of access.

 

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