Information in this Website is provided by J.P. Morgan Securities (Asia Pacific) Limited and/or its affiliates (“J.P. Morgan”) and third party service providers. Access to this Website is only granted to users who have read and agree the accompanying terms and conditions as well as the disclaimer. If you agree, please enter the Website by clicking the “Enter Website” button. Otherwise, please leave the Website by clicking “Leave Website” button.
I have read the following and hereby agree to these Disclaimers and Terms and Conditions as set forth below.
Use confined to existing investors in the US Stocks ELIs only
This Website is only directed at and intended for existing investors in the Equity Linked Investments linked to US Stocks ("US Stocks ELIs") issued by J.P. Morgan. It is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law. J.P. Morgan disclaims all responsibility if you download any information from the Website in breach of any law of jurisdiction or country in which you are residing.
This website and the information contained herein are not intended for, and must not be accessed by, or distributed or disseminated to, U.S. persons (as defined in Regulation S under the U.S. Securities Act of 1933, as amended (the "Securities Act") or persons resident or physically present in the United States of America (including its territories and possessions, the "United States"), and do not constitute an offer to sell or the solicitation of an offer to buy or acquire, any securities in the United States. The products referred to on this Website have not been and will not be registered under the Securities Act, and trading in our US Stock ELIs has not been and will not be approved by the U.S. Commodity Futures Trading Commission under the U.S. Commodity Exchange Act. Our US Stock ELIs may not be offered or sold within the United States or for the account or benefit of U.S. Persons (as defined in Regulation S under the Securities Act).
Information contained in this Website has not been reviewed by the Securities and Futures Commission ("SFC") of Hong Kong or any regulatory authority in Hong Kong. This Website and the information contained herein do not constitute an advertisement or invitation to the public to enter into or offer to enter into an agreement to acquire, dispose of, subscribe for or underwrite any securities or structured product.
The "Website" means the website of J.P. Morgan in relation to the US Stocks ELIs, and all information and materials contained therein on the Website. Certain sections or pages on the Website may contain separate terms and conditions or disclaimers, which are in addition to these terms and conditions and disclaimers. In the event of a conflict, the additional terms and conditions or disclaimers will govern for those sections or pages.
No advice / recommendation / fiduciary relationship
The materials and information on this website are provided for information and reference purposes only and are not intended as an offer, invitation, inducement, advice, recommendation or solicitation to acquire, dispose of, subscribe for or underwrite any US Stocks ELIs, or to enter into a transaction involving any financial instrument or trading strategy. Nothing contained herein shall form the basis of any contract or commitment whatsoever. Neither this website nor any material on this Website shall be construed as an advertisement, inducement or representation of any kind or form whatsoever. The materials on this Website do not take into account the particular needs of any specific user.
Nothing in this material should be construed as investment, tax, legal, accounting, regulatory or other advice. J.P. Morgan assumes no fiduciary responsibility or liability with respect to any investment in the US Stocks ELIs or any particular transaction. You should carefully read and understand the terms and conditions, risk factors and other information as set out in the relevant offering documents (which are available from your distributor(s)). You must make your own risk assessment of the US Stocks ELIs prior to any investment and where necessary, seek independent professional advice about your investment in US Stocks ELIs
Risks factors for US Stocks ELIs
US Stocks ELIs are not capital protected and not collateralised. They are unlisted structured products embedded with derivatives and are not equivalent to nor should they be treated as time deposits. They are NOT a protected deposit for the purposes of the Deposit Protection Scheme.
US Stocks ELIs constitute general unsecured and unsubordinated contractual obligations of the Issuer, and the Guarantee constitutes a general unsecured and unsubordinated contractual obligation of the Guarantor. When you buy our US Stocks ELIs, you will be relying on the creditworthiness of
the Issuer and the Guarantor. If the Issuer and its guarantor become insolvent or default on their obligations, investors may not recover part or all of the amount due. Do not invest in them unless you fully understand and are willing to assume the risks associated with them.
The market value of the US Stocks ELIs may fluctuate and investors may sustain a total loss of their principal invested. Fluctuations in exchange rates may adversely affect the value or returns of US Stocks ELIs quoted in foreign currency.
Investment in the US Stocks ELIs may involve significant risks and are therefore not suitable for all investors. Any discussion of risks contained herein in connection with our US Stocks ELIs should not be construed as a disclosure of all risks. Before proceeding with any transaction, you should therefore conduct risk assessment for yourself and ensure that you understand the nature and risks of the US Stocks ELIs, make an independent investment decision for the transaction and, at your own discretion, determine whether the transaction is suitable for you, and should, where necessary, consult your own legal, tax, accounting, financial and other professional advisers to ensure that any decision to invest in the US Stocks ELIs is suitable with regard to your specific circumstances and financial position.
Before investing in the US Stocks ELIs, you should carefully review and understand the terms and conditions, risk factors and other information as set out in the relevant offering documents of the US Stocks ELIs (which are available from your distributor(s)), together with the financial statements and other information of the Issuer..
The Issuer and its affiliates ("J.P.Morgan Group") comprises a full-service securities firm and a commercial bank engaged in various securities trading and brokerage activities, as well as providing investment banking, asset management, financing, financial advisory services to a wide range of clients. As a result, J.P.Morgan Group may have potential conflicts of interest relating to the US Stocks ELIs that you may purchase from us. Certain activities of J.P. Morgan Group in its ordinary course of business could negatively affect the performance of the US Stocks ELIs which you may be purchasing. It is also possible that such activities could result in substantial returns for J.P. Morgan Group while the value of the US Stocks ELIs declines. In particular, J.P.Morgan Group may act as authorized participant or participating dealer in the purchase or sale of units from an ETF, act as a market maker or block positioner in the ETF units, contribute capital towards the formation of an ETF and may have a significant ownership interest in the ETF units. These activities could negatively affect the performance of the US Stocks ELIs which you may be purchasing.
J.P. Morgan Group may take proprietary positions and may have long or short positions or other interests in the US Stocks ELIs and may effect transactions or make markets in the US Stocks ELIs at any time in the open market or otherwise, in each case whether as principal, agent or as market maker. J.P. Morgan Group may also be involved in other financial, investment and professional activities such as providing advice or loans to, or participating in the underwriting or restructuring of the obligations of, the underlying companies of the US Stocks ELIs, which may on occasion give rise to interests or a conflict of interests in respect of the securities or US Stocks ELIs which are the subject of this Website.
The Use of Cookies in the Website
In order to constantly improve our Website and better serve our Website users, J.P. Morgan may use software tools or "cookies" to gather information about site visitors" browsing activities. A cookie is a piece of technology, sometimes called a text file, that is sent from a web server (a web site) to a web browser (the visitor"s computer) to enable the browser to remember certain information. The information held by a cookie can only be read by the person who sent it.
There are two types of cookie - session cookies and persistent cookies.
Session cookies are used, for example, to maintain security on a site and to pass information that has been entered to other pages on the site to prevent further input of the same information. Persistent cookies are used to enable browsing habits to be tracked each time the site that sent the cookie is visited. The information that may be gathered includes date and time of visits, pages viewed, time spent at the site and the site visited just before and just after the J.P. Morgan Website.
We also collect aggregated information for statistical and evaluation purposes.
Cookies can be disabled, generally through changing the internet software browser settings. It may also be possible to change the settings to enable acceptance of specific cookies. If cookies are disabled it may mean that not all services of a site, or indeed any, might be available.
Hyperlinks
The Website also contains hyperlinks to websites controlled or maintained by third parties. J.P. Morgan has not reviewed the contents or information in such third party websites, and hereby disclaims responsibility (in negligence or otherwise) for, any loss howsoever arising from any use of the information, or materials, products or services posted or offered or privacy practices at any of the sites linked to this Website. Without prejudice to the generality of the foregoing and the maximum extent permitted by laws in Hong Kong, we will not be liable to anyone for any interruption, inaccuracy, error or omission, regardless of cause, in the information on the third party websites or for any kind of damages arising in connection therewith.
By creating a link to a third party website, J.P. Morgan does not endorse or recommend any products or services offered on that website, nor is J.P. Morgan liable for any failure of products or services offered or advertised at those sites. Such third party may have a privacy policy different from our privacy policy and the third party website may provide less security than this Website. Please review the terms and conditions, the relevant disclaimers and privacy policy that those third party websites may contain.
Information provided by third parties
J.P. Morgan has not reviewed, and hereby disclaims responsibility for, any information or materials which is provided by any third party and made available through this Website. Such content is the intellectual property of such third party who provided the information and any copying, re-publication or re-distribution of such content, including by caching, framing or similar means, is expressly prohibited without the prior written consent of such third party information provider. Any third party information provider shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon.
Limitation of Liability
J.P. Morgan does not accept any liability whatsoever (in negligence or otherwise) for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Website or its contents, any hyperlinked site or your inability to use thereof, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure. These services may be outside J.P. Morgan"s control or provided by a third party in which J.P. Morgan cannot take responsibility for their content, or for any delays, interruptions or errors in the provisions of these additional services.
Copyright
Certain data accessible on the Website is the intellectual property of the relevant news and information services provider or third parties that provide such data to the relevant service provider, or J.P. Morgan. The data is protected by copyright and other intellectual property laws and all ownership rights remain with the information service provider or the third party or J.P. Morgan, as the case may be. All copyrights on this Website are reserved. The use of any trademarks and logos displayed on this Website is strictly prohibited unless written permission for such use is obtained from J.P. Morgan and/or, where relevant, such third party, which may own the trademarks and logos.
You may only use the data retrieved from the Website for your own personal and non-commercial purposes while accessing the Website. Such use will be in accordance with these terms and conditions of use and the requirements set out elsewhere on the Website (if any). You may not copy, distribute or redistribute the data in whole or in part, including by caching, framing or similar means or sell, resell, re-transmit or otherwise make the data retrieved from our Website available in any manner to any third party. The data is provided "as is." Neither J.P. Morgan nor any third party shall be liable to you or any third party for any loss or damage, direct, indirect or consequential, arising from (i) any inaccuracy or incompleteness in, or delays, interruptions, errors or omissions in the delivery of the data or any other information supplied to you through this Website or (ii) any decision made or action taken by you or any third party in reliance upon the data. Neither a third party nor J.P. Morgan shall be liable for loss of business revenues, lost profits or any punitive, indirect, consequential, special or similar damages whatsoever, whether in contract, tort or otherwise, even if advised of the possibility of such damages incurred by you or any third party.
No Verification
The materials on this Website are based on information obtained from public sources considered by us to be reliable. However, we have not verified the materials, which may not be complete or accurate. Opinions, estimates and other information contained in the materials available on this Website may be changed or withdrawn without notice.
We are not under any obligation to update or keep current the information on this Website. None of J.P. Morgan or its associated and connected persons and/ or affiliates, their directors, officers and/ or employees (including persons involved in the preparation or issuance of the materials on this Website) or any information provider makes any representation or warranty, express or implied, of any kind as to the truth, accuracy, completeness, adequacy or reasonableness of the materials on this Website or as to the fitness of any such material for any purpose.
No guarantee is given in respect of the accuracy, reasonableness or completeness of any indicative pricing levels, disclosure materials, valuations and other analysis published on the Website. No representation or warranty is made that any indicative return or performance will be achieved in the future. Such information does not constitute investment advice by J.P. Morgan and is for information purposes only. You bear all risk from any use or results of using any information obtained from the Website. You are responsible for validating the integrity of any information received over the Internet.
Risks relating to the use of Website
Transmission for information over the Internet are not secure and may be subject to interruption, transmission delay or blackout arbitrary delays beyond our control. Information contained on this Website may be intercepted, lost, destroyed or delayed in transmission. Although we will use reasonable efforts to minimise such risk, we do not warrant that any information available from this Website is free from viruses, worms or other harmful components. J.P. Morgan expressly disclaims any implied warranties of merchantability or suitability for a particular purpose, including that of the correctness, quality, suitability, accuracy, reliability, performance, timeliness and continuity of the use of this Website or the results of its use.
You acknowledge that neither any information service provider, third party nor J.P. Morgan will be liable to you or any third party for any losses arising from transmission for information over the Internet. In no event will any information provider, third party or J.P. Morgan, be liable for any consequential loss including but not limited to special, incidental, direct or indirect damages resulting from delay or loss of use of the Website. J.P. Morgan is not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Website. We disclaim any liability for any tampering with your computer system by unauthorised parties. We expressly remind you of the risk of viruses, and the possibility of attacks by hackers.
Governing law and jurisdiction
Terms in these "Disclaimers and Terms and Conditions" are governed by and will be construed in accordance with the laws of the Hong Kong Special Administrative Region of the People"s Republic of China. By clicking the "Enter Website" icon, you agree to submit to the jurisdiction of the courts of Hong Kong in respect of any matters or disputes arising under this Website.
Updates/termination
We may amend these Disclaimers and Terms and Conditions from time to time by posting the updated version on this Website, although we do not undertake to update this Website regularly. We also reserve the right to restrict, interrupt or terminate this Website. No other form of notification will be delivered to you.
Language
A Chinese translation of this website is available. In the event of any inconsistency between the English version and Chinese translation, the English version shall prevail.
Self-Certification:
By entering the Website, you confirm that (i) you are an existing investor in the US Stocks ELIs; (ii) you are not a resident of or physically present in the United States of America (including its territories and possessions); and (iii) you have read and agree to be bound by these Disclaimers and Terms and Conditions. J.P. Morgan does not accept any responsibility whatsoever for the distribution of the information and material available to individuals or entities which provide false certification regarding their country of legal residence/ location.