Legal notice


AGREEMENT TO THESE TERMS OF USE

The following terms and conditions, the terms and conditions in the “Privacy & Security” hyperlink (at the bottom of this page) and the terms and conditions in the “Legal Information” hyperlink (at the bottom of this page) (collectively the “Terms of Use”) govern the relationship between you, Merrill Lynch & Co. Inc., or any of its affiliates, direct and indirect subsidiaries and related companies (collectively or separately, as the context may require, “Merrill Lynch” or “we”) in respect of this website (the “Website”). By clicking on the “I Accept” button you are agreeing to comply with and be legally bound by the terms and conditions set out in these Terms of Use. If these Terms of Use are not acceptable to you, please click on the “I decline” button and do not use this website. We may update these Terms of Use from time to time without notice to you and you are responsible for periodically reviewing the most current version. Your continued use of this Website will be deemed your conclusive acceptance of the updated Terms of Use.
Please read these Terms of Use Carefully.


YOUR AUTHORITY TO USE THIS WEBSITE

By using this Website, you are representing to us that you have the power and authority to accept these Terms of Use and to enter into this agreement with us, that you are capable of assuming, and do assume, any risks related to the use of this Website and its content, and that you understand and accept the terms, conditions and risks relating to their use. If you are dissatisfied with this Website or its content, your sole and exclusive remedy is to stop using it.


PRESENTATION BY MERRILL LYNCH

The operator of this Website is Merrill Lynch Canada Inc. ("MLCI"), a broker-dealer registered in each of the provinces and territories of
Canada.

All of the information on this Website is directed at, and is intended for distribution to and use by, investors resident in
Canada and otherwise in jurisdictions where such distribution and use is permitted. The information on this Website is not directed at or intended for distribution to or use by any person or entity in any jurisdiction or country where: (a) its distribution or use would be contrary to law or regulation; or (b) there is no Merrill Lynch affiliate authorized to distribute such information.

In Canada and certain other jurisdictions, applicable laws may prevent investors from effecting transactions except through entities licensed in such jurisdiction. The information provided to you by this Website is made available to you by the Merrill Lynch affiliate(s) authorized to make such information available to you in your jurisdiction. If you wish to effect a transaction, you must use the services of an entity licensed in your jurisdiction to effect such a transaction for you.


INFORMATION USE ONLY

The content on this Website is for informational purposes only. Merrill Lynch and each of its affiliates, licensors, service providers and suppliers assume no liability for any inaccurate, delayed or incomplete information, nor for any actions taken in reliance thereon. The information contained on this website provided by any third party, including without limitation, the information obtained through any link, has been supplied without verification by us. Neither Merrill Lynch nor any of its affiliates, licensors, service providers or suppliers makes or has made any recommendations regarding the securities or investment services of any person or entity with respect to the content of this Website, or of the advisability of investing in securities generally for any particular individual.


DISCLAIMER OF WARRANTY
AND LIMITATION OF LIABILITY

The information on this Website is provided "AS IS". Although the information on this Website is obtained or compiled from sources Merrill Lynch believes to be reliable, MERRILL LYNCH CANNOT AND DOES NOT GUARANTEE OR MAKE ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO: (A) THE VALIDITY, SEQUENCE, TIMELINESS, COMPLETENESS OR CONTINUED AVAILABILITY OF ANY INFORMATION OR DATA MADE AVAILABLE ON OR THROUGH this Website; OR (B) THE PERFORMANCE, SETTINGS, FEATURES, COMPATIBILITY, LACK OF CONFLICT, FUNCTIONALITY OR CONTINUED AVAILABILITY OF ANY SOFTWARE MADE AVAILABLE ON OR THROUGH this Website, AND EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW OR REGULATIONS, ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS AND IT IS PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. MERRILL LYNCH, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. MERRILL LYNCH, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS AND SUPPLIERS ASSUME NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. MERRILL LYNCH RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS WEBSITE. MERRILL LYNCH MAY MAKE ANY OTHER CHANGES TO THIS WEBSITE AT ANY TIME WITHOUT NOTICE.


NO DAMAGES:

MERRILL LYNCH, ITS AFFILIATES
AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THOSE ARISING FROM ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE CONTENT OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE ANY CONTENT ON THIS WEBSITE (OR A WEBSITE LINKED TO THIS WEBSITE), OR ANY OTHER CAUSE; AND EVEN IF CAUSED BY MERRILL LYNCH’S OR ITS AFFILIATE’S OR EITHER OF THEIR RESPECTIVE LICENSORS’, SERVICE PROVIDERS’ OR SUPPLIERS’ NEGLIGENCE, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.


GOVERNING LAW:


This Website (excluding linked sites) is controlled by Merrill Lynch from its offices within the Province of Ontario, Canada. By accessing this Website, you and Merrill Lynch agree that all matters relating to your access to, or use of, this Website shall be governed by the statutes and laws of the Province of Ontario or the federal laws of Canada, as applicable, without regard to the conflicts of laws principles thereof. You and Merrill Lynch also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario or the federal courts of Canada, as applicable, with respect to any and all matters arising in connection with these Terms of Use.


PRODUCT DISCLAIMER; OFFERING DOCUMENTS


The securities described herein are qualified for sale only to residents of Canada.

Nothing on this Website constitutes an offer or solicitation to anyone in the United States or any other jurisdiction, other than Canada, in which such an offer or solicitation is not authorized or to any person to whom it is unlawful to make such an offer or solicitation. Prospective investors who are not residents in Canada should consult with their advisor to determine if the relevant Product may be lawfully sold in their jurisdiction.

The content on this Website is for informational purposes only. The offering documents available on the Website are provided as a matter of record only and may not be up to date. For official investor disclosure documents of publicly-offered issuers, please see the filings with respect to the relevant Product made with the Canadian securities regulators through the System for Electronic Document Analysis and Retrieval (SEDAR) at www.sedar.com.

Indicative Pricing: You should deem all price or quantities shown to be indicative. The information displayed with respect to all products, including prices and quantities, is suitable only for information purposes and should not be considered suitable for trading purposes or marking assets to the market. Actual trading price levels and quantities are subject to market conditions and negotiation. There is no assurance that screen prices or quantities will be equal to actual trading prices or quantities.

Market Commentary. This Website may also provide informal, subjective comments, market and pricing observations, and other information relating to the global markets ("Market Commentary"). The information on this Website does not constitute offers to sell or buy any security, futures contract, options contract, derivative or any other financial instrument (each an "Instrument" and collectively, "Instruments") at any particular price. The Market Commentary in this Website should not be considered anything more than observations of the trading desks making them. Merrill Lynch may take or hold positions in Instruments, or provide information to other investors regarding Instruments, which may be inconsistent with or contrary to the information contained in this Website. The information contained on this Website does not purport to contain all of the information available in relation to the Instruments and markets mentioned. The Market Commentary is not and should not be interpreted as fact, fundamental research or as constituting market, investment or financial advice that may be relied upon. Merrill Lynch is not responsible for the completeness or appropriateness for any particular purpose of the Market Commentary.

Additional Considerations. Investments in many of the Instruments mentioned in this Website are subject to important and specific risks that are not discussed in this application. Some Instruments are either unrated or are rated below investment grade. Even where rated, investments in certain Instruments may be significantly riskier than investments in other comparably rated assets and may be subject to more price volatility than other asset classes. The returns on certain Instruments, including, but not limited to Instruments relating to emerging markets countries or emerging markets corporate issuers, and Instruments denominated in foreign currency, also are subject to numerous economic, political, monetary, cultural and other risks, including the risk of nationalization, exchange or capital controls, wars, acts of God and other force majeure, and other events or crises that could yield a total or near-total loss on your investment. You should consider all relevant risks before making any investment decision with respect to any Instrument mentioned in this Website.

You should consider whether an investment strategy or the purchase or sale of any financial instrument or securities is appropriate for you in the light of your particular investment needs, objectives and financial circumstances. Questions regarding the suitability of an investment for your specific financial and tax situation should be referred to your financial and tax advisers. Certain investment strategies and Products featured on the Website may not be available or suitable to all persons. Levels and bases of taxation may change. Past performance is not indicative of future results

Merrill Lynch & Co. Canada Inc. and Merrill Lynch Canada Finance Company are related and/or connected issuers of Merrill Lynch.


New Issues

You should read the preliminary prospectus or other relevant offering document for complete information about an offering. If the offering document is available to you through the Website, you will be able to access and download it by clicking on the icon marked "Prospectus".

Please note the following with respect to Products for which a preliminary prospectus or pricing supplement is posted on the Website:

A preliminary prospectus or pricing supplement relating to these securities has been filed with securities commissions or similar authorities in certain provinces of Canada but has not yet become final for the purpose of a distribution to the public. This advertisement shall not constitute an offer to sell or the solicitation of an offer to buy, nor shall there be any sale or any acceptance of an offer to buy these securities in any province of Canada prior to the time a receipt for the final prospectus or pricing supplement or other authorization is obtained from the securities commission or similar authority in such province.

Please be advised that to view information in this website, you must accept the conditions of the disclaimer.