Legal Statement: Terms and Conditions of Use
By using this site, you agree to the following terms:
Site for Information Only
The information contained on this site does not constitute an offer or solicitation for the sale of any security or any other product or service from Stone Harbor Investment Partners (“Stone Harbor”), or Virtus Investment Partners, Inc. or its subsidiaries (collectively, “Virtus”). Stone Harbor is a division of Virtus Fixed Income Advisers, LLC ("VFIA"), an SEC registered investment adviser. Content is provided for informational purposes and should not be construed as a substitute for legal or financial advice from a professional advisor. No information that we are providing on this site shall be considered to be or is advice on which you may rely as the primary basis for your investment decisions. You need to make your own decisions, with whatever third-party advice you wish to obtain, and you are not authorized to rely on any information provided on this site as advice that is a primary basis for your investment decisions. Stone Harbor and Virtus make no representation that the securities or services described on this site are suitable for any specific investor or type of investor. Stone Harbor and Virtus expressly confirm, and by proceeding to use this site you acknowledge, that neither Stone Harbor or Virtus has made or is making a recommendation, or has provided or is providing investment advice of any kind whatsoever (whether impartial or otherwise), or is giving any advice in a fiduciary capacity, in connection with your use of this site in reaching any decision you may make to invest in any products or otherwise proceed with us. Further, if you engage or have engaged an affiliate of Virtus to serve as your investment adviser, by proceeding to use this site you acknowledge that your use of this site is outside the scope of that relationship, and that making the contents of this site available does not constitute the provision of advice to you by such investment adviser.
By proceeding to use this site, you agree not to hold Stone Harbor, Virtus, its affiliates, or its third-party content providers liable for any possible claim for damages arising from any decision you make based on information made available to you through this site.
Restrictions on Use
Your use of the materials on this site, including content, documents, products, software, graphics and text, and all software, design, programming techniques and documentation used to operate and support the site, is subject to these terms. You may download material displayed on this site to your computer and you may print, email, or distribute copies of the information contained on this site provided you do not remove any copyright, trademark or other proprietary notices contained on the materials. Except as authorized in writing by Stone Harbor or Virtus, no materials from this site or any Web site owned, operated, licensed, or controlled by Stone Harbor or Virtus may be reproduced, republished, posted, or hyperlinked.
Where We Are Authorized to Conduct Business
Neither Stone Harbor nor any other Virtus affiliates are authorized to do business in every jurisdiction. In addition, the products and services described on this site are not available in all jurisdictions. No content of this site constitutes, or may be interpreted as, an indication otherwise. If you are interested in the products and/or services discussed in this site, you should contact Stone Harbor to determine whether they are available in your jurisdiction.
Modification of This Site and Materials
Stone Harbor or Virtus may, at any time and for any reason, stop making this site available and/or remove and discard any materials within it. Further, Stone Harbor or Virtus shall not be liable to you or any third party for any modification, suspension or discontinuance of the site.
This site may provide, or third parties may provide, links to other Web sites or resources. Stone Harbor and Virtus have no control over such sites and resources, are not responsible for their availability, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from them. Stone Harbor and Virtus shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of such sites or resources. Your use of such sites or resources shall be subject to the terms and conditions set forth by them.
Proprietary Rights Retained by Stone Harbor and Virtus
All rights, title, and interests in and to the site and its materials, including, but not limited to, all patent rights, copyrights, trade secrets, trademarks, site marks and other inherent proprietary rights, are retained by Stone Harbor and Virtus. Except as expressly authorized by Virtus herein, you agree not to make, copy, display, modify, rent, lease, license, loan, sell, distribute, or create derivative works of the site or its materials in whole or in part. Any modification of the site or its materials for any purpose is in violation of these terms.
The name Stone Harbor Investment Partners and logo marks are trademarks and service marks of Stone Harbor and may not be displayed or otherwise used in any manner without the prior written consent of Stone Harbor. All other trademarks not owned by Stone Harbor that appear on this site are the property of their respective owners.
Disclaimer of Warranties
This site and its materials are provided "as is" and "as available" and without warranties of any kind, either express or implied, including, but not limited to, implied warranties of accuracy, completeness, non-infringement, merchantability, and fitness for a particular purpose, including, without limitation, whether any insurance or other product described on the site is appropriate to meet your needs.
Without limitation of the foregoing, Stone Harbor and Virtus make no warranty that (i) the site will meet your requirements; (ii) the site will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from use of the site will be accurate or reliable; (iv) the quality of any products, sites, information, or other material obtained by you through the site will meet your expectations; or (v) any errors in the site will be corrected.
Any material viewed, downloaded, or otherwise obtained through the use of the site is done solely at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the viewing or download of any such material.
No information provided to you through this site shall be the basis for any warranty between you and Stone Harbor or Virtus.
Limitations of Liability
Stone Harbor and Virtus and their respective officers, directors, employees, consultants and contractors shall not be liable for any damages, losses, costs or injuries suffered as a result of or in relation to this site or its materials, your use of either of the foregoing, or your breach of these terms or restrictions. In no event shall Stone Harbor or Virtus be liable for any indirect, punitive, special, incidental, or consequential damages (including, without limitation, loss of sales, business, revenue, profit, use, data or other economic advantage), however it arises, whether for breach of contract or in tort, even if Virtus has been advised of the possibility of such damages. In no event shall Virtus be liable to you for damages greater than $50 in aggregate.
You shall indemnify, defend, and hold Stone Harbor and Virtus harmless from and against all claims, actions, liabilities, damages, losses, debts, costs, and expenses, including, without limitation, reasonable attorneys' fees, arising out of or relating to (i) your use or modification of this site or its materials; (ii) any information content or materials submitted or provided by you; or (iii) your breach of any of these terms or restrictions.
To avoid any misunderstandings as to ownership or compensation, this site should not be used to submit ideas, suggestions, or materials (collectively, submissions) to Stone Harbor or Virtus. Employees, consultants, and other representatives of Virtus have many creative ideas of their own, some of which may be similar to your submissions. In addition, while you may believe that your submissions are novel or unique, it is possible that they are otherwise known by Stone Harbor or Virtus or within the financial or other industries. If, despite our request, you submit any submissions to Stone Harbor or Virtus via this site, such submissions shall become our property and you hereby assign to Stone Harbor or Virtus, without further consideration, all of your rights, title and interests in and to the same, including, without limitation, any pertinent copyright, trade secret, patent and any other intellectual property rights. Any additional or different terms of ownership or use submitted by you in connection with any such submission shall be void. In addition, Stone Harbor and Virtus shall be under no obligation of confidence with respect to any such submission and shall not be liable for any use or disclosure of the same.
Copyright and Copyright Agents
Stone Harbor and Virtus respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number and email address;
- 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;
- 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.
Virtus Investment Partners' Copyright Agent for notice of claims of copyright infringement on its site is:
Virtus Investment Partners
One Financial Plaza
Hartford, CT 06103
You also may be subject to additional terms and conditions that may apply when you use subsidiaries' sites, third-party content, or third-party software. These terms and the relationship between you and Stone Harbor/Virtus shall be governed by the laws of the State of Connecticut and controlling United States federal law without regard to conflict of law provisions. The failure of Stone Harbor or Virtus to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and that the other provisions of these terms shall remain in full force and effect. The section titles included in this statement are for convenience only and have no legal or contractual effect.
Changes to Terms
United Kingdom Users
Stone Harbor’s UK-based and UK Financial Conduct Authority (“FCA”) authorised subsidiary, Stone Harbor Investment Partners (UK), LLP (“Stone Harbor UK”) conducts, and will conduct, any aspect of the firm’s business which is carried on in the UK and which amounts to a regulated activity (as defined in the UK’s Financial Services and Markets Act 2000 (“FSMA”) and related legislation) for which FCA authorisation is required. However, the contents of this site, which is being communicated by Stone Harbor, have not been approved for the purposes of section 21 of FSMA by Stone Harbor UK or any other FCA authorised person.
As explained above, this site is intended for use only by, and is directed only at sophisticated and/or professional institutional investors or potential investors and the products and services described in this site are only available to such persons. In relation to any User which is based in the UK, this is more specifically defined to mean persons (including entities, unincorporated associations, partnerships and trusts) who or which meet both of the following criteria, A and B:
A. User must be one or more of (a) a person who has professional experience in matters relating to investments (being ‘investment professionals’ within the meaning of Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (the “FPO”)), (b) a high net worth entity of a type described in Article 49(2) of the FPO, or (c) other UK persons to whom the investment services and/or funds to which this site relates may lawfully be promoted (each, a ‘relevant person’). Any investment or investment activity or fund to which this site relates is available only to relevant persons and will be engaged in only with relevant persons. This site must not be acted or relied upon by persons who are not relevant persons. Persons of a type described in Article 49(2) of the FPO comprise (aa) any body corporate which has, or which is a member of the same group as an undertaking which has, a called up share capital or net assets of not less than (i) in the case of a body corporate which has more than 20 members or is a subsidiary undertaking of an undertaking which has more than 20 members, £500,000 and (ii) in any other case, £5 million, (bb) any unincorporated association or partnership which has net assets of not less than £5 million, (cc) the trustee of a high value trust within the meaning of Article 49(6) of the FPO, (dd) any person (‘C’) whilst acting in the capacity of director, officer or employee of a person (‘D’) falling within any of (aa), (bb) or (cc) above where A’s responsibilities, when acting in that capacity, involve him in D’s engaging in investment activity and (ee) any person to whom the communication may otherwise lawfully be made.
B. User must be a person which is, or is capable of being treated by Stone Harbor UK as, a professional client or eligible counterparty, as each term is defined in the rules of the FCA. This includes, inter alia, any entity required to be authorised or regulated to operate in the financial markets either by an EEA State or a non-EEA country and whether or not authorised by reference to a directive; certain large undertakings; national and regional governments and other institutional investors whose main activity is to invest in financial instruments including entities dedicated to the securitization of assets or other financing transactions. This can be expected to include persons falling within the following categories, in particular if they are authorised or regulated to operate in the financial markets: (a) a credit institution; (b) an investment firm; (c) any other authorised or regulated financial institution; (d) an insurance company; (e) a collective investment scheme or the management company of such a scheme; (f) a pension fund or the management company of a pension fund; (g) a commodity or commodity derivatives dealer; and (h) any other institutional investor.
Persons of any other description (including those individuals who are private investors who fall within the FCA definition of “retail clients”) should not use or rely upon this site.
No information on this site should be regarded as an offer, solicitation, recommendation, invitation, or inducement to the public in Singapore to buy shares in any investment funds managed by Stone Harbor. None of the documents posted to this site have been or will be registered as a prospectus with the Monetary Authority of Singapore. Accordingly, none of the documents posted to this site and any other document or material in connection with the offer or sale, or invitation for subscription or purchase, of shares may be circulated or distributed in Singapore, nor may any shares be offered for subscription purchase or sell, or be made the subject of an invitation for subscription or purchase, whether directly or indirectly, to persons in Singapore other than pursuant to, and in accordance with the conditions of any applicable offering exemption of the Securities and Futures Act, Chapter 289 of Singapore.
Collection of Information
We will only collect personal information about individuals in the following circumstances:
- when the information is relevant to our business relationship with those individuals; or
- when the information is relevant to our business relationship with a customer, where the customer retains us for the purpose of assisting it to provide a service to those individuals.
We will only collect personal information directly from an individual, or from a third party who is authorised by the individual to disclose the information to us.
We will only collect sensitive information (e.g. information about religious beliefs, health or a criminal record) about an individual in the circumstances permitted by the Privacy Act 1988.
Use and Disclosure
We will use personal information about an individual for the purpose(s) for which it was disclosed to us or other related purposes for which the individual would reasonably expect that the personal information would be used or disclosed. If we use or disclose personal information for any other purpose, we will only do so with the individual’s consent or in the circumstances permitted by the Privacy Act 1988. We will only transfer information overseas in the circumstances permitted by the Privacy Act 1988.
We will not use a government identifier, such as a tax file number, to identify individuals.
In the course of our business, we might disclose personal information to the following organisations, or types of organisations (among others):
- if we collected the personal information from a third party who was authorised by the relevant individual to disclose it to us, to that third party or as directed by that third party;
- as required by law, government agency or enforcement bodies;
- our agents and contractors;
- members of Stone Harbor; and
any other person with the individual’s consent or if the disclosure is permitted or necessary to fulfill the purpose for which the information was collected.
Access to and Correction of Personal Information
An individual may contact us to determine whether we hold personal information about him or her, and, if so, to request access to that personal information. Please click the “Contact” link at the bottom of our webpage for relevant contact details. We will give the individual access to his or her personal information except in the circumstances permitted by the Privacy Act 1988. If we refuse an individual access to his or her personal information we will tell him or her our reasons.
We will take reasonable steps to ensure that personal information is accurate, complete, and up-to-date. If an individual requests us to correct or update personal information, we will do so.
We will take reasonable steps to:
- protect personal information we hold from misuse and loss, and from unauthorised access, modification or disclosure; and
- destroy or de-identify personal information which is no longer needed.
The steps we will take to protect personal information will depend on the type of information and the purpose for which it is held. For instance, they may include:
- limiting access to the personal information on a need-to-know basis;
- storing hard copy information in locked files; and
- checking with the individual to ensure that information is accurate, complete and up-to-date.