Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AND THE DISCLOSURES ELSEWHERE ON http://shiplp.com AND ANY PAGES THEREOF (THE “SITE”). BY ACCESSING THIS SITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS LISTED BELOW AND DISCLOSURES ON THE SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND DISCLOSURES, DO NOT ACCESS THE SITE, OR ANY PAGES THEREOF.

Stone Harbor Investment Partners LP (“Stone Harbor”) has created the Site for use only by sophisticated and/or professional institutional investors, including but not limited to, retirement plan sponsors, pension funds, endowments and foundations. The Site is not intended to be visited or accessed by anyone to whom distributing information on the Site would be prohibited under any applicable law or regulation.

Agreement/Services Provided

By using this site, you (“User”) understand that these terms and conditions (“Terms and Conditions”) between and among User and Stone Harbor govern User’s use of this Site and state the terms and conditions of User’s use of Stone Harbor’s electronic account access services offered as part of this Site (“Stone Harbor Electronic Access”).

In offering Stone Harbor Electronic Access, Stone Harbor is making available to certain Stone Harbor clients access that allows such clients (and, where applicable, such client’s authorized adviser or agent) to obtain information about the client’s investment account(s) with Stone Harbor as well as additional information provided by Stone Harbor (some of which may be obtained from third parties).

User agrees to use the Site (which includes Stone Harbor Electronic Access) only in accordance with these Terms and Conditions. Stone Harbor may amend or terminate these Terms and Conditions at any time without notice.

No Offer/Local Restrictions

Nothing contained in or on the Site should be construed as a solicitation of an offer to buy or sell, or recommendation to buy or sell any security, commodity, or investment, or to engage in any other transaction. Stone Harbor offers a number of products and services designed specifically for various categories of investors. Not all products will be available to all investors. These products or services are only offered to such investors in those countries and regions in accordance with applicable laws and regulations.

The information provided on the Site 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 law or regulation. All persons and entities accessing the Site do so on their own initiative and are responsible for compliance with applicable local laws and regulations.

Site Operation

The Site is operated from offices within the United States of America. Stone Harbor does not represent that the information on the Site is appropriate or available for use in other locations. Access from certain locations may be strictly prohibited.  The laws of the State of New York will govern any claims relating to the information contained on this Site unless otherwise noted herein or required by applicable law.

Access to Electronic Services

User may use Stone Harbor Electronic Access by entering a user login and password.  User is responsible for maintaining the confidentiality of any account information, user names, passwords, and/or security questions and answers that User uses to access any page or feature on this Site, and for logging off User’s account and any protected areas of the Site.  User is fully responsible for all activities occurring under its account’s user names, passwords and/or security questions and answers that result from User’s negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures.  If User becomes aware of any suspicious or unauthorized conduct concerning User’s accounts, user names, logins, passwords, or security questions and answers, User agrees to contact Stone Harbor immediately.  Stone Harbor will not be liable for any loss or damage arising from User’s failure to comply with this paragraph.

Approved Use

User shall be the only authorized user of the Stone Harbor Electronic Access under these Terms and Conditions. User agrees to keep confidential and not publish, broadcast, retransmit, reproduce, commercially exploit, or otherwise disseminate the data, information, material or services provided on the Site (including information obtained through Stone Harbor Electronic Access) under these Terms and Conditions unless expressly approved in writing by Stone Harbor. User shall be responsible for the confidentiality and use of User’s password(s) and other security data, methods, and devices. User understands that User shall be solely responsible for use of any data, information, material or services obtained, using User’s passwords and other security data.

User agrees that the Site, including all information provided on the Site, is the proprietary property of Stone Harbor and/or third parties from whom Stone Harbor has obtained rights to provide access to Stone Harbor’s customers. User agrees not to use Site or Stone Harbor Electronic Access except as authorized by these Terms and Conditions.

No Reliance

Stone Harbor and its affiliates do not assume any liability or guarantee for the timeliness, accuracy and completeness of the information provided. Stone Harbor uses reasonable efforts to obtain information from sources which it believes to be reliable; however, Stone Harbor makes no representation that the information or opinions contained on the Site are accurate, reliable or complete.  The information on the Site is provided for informational purposes only and is subject to change without notice. The investments and strategies discussed in the contents may not be suitable for all investors and are not obligations of Stone Harbor or guaranteed by Stone Harbor. The investments are not bank deposits and are not insured by the FDIC or any other entity and are subject to investment risks, including the loss of the principal amount invested. Nothing contained on the Site constitutes investment, legal, tax or other advice by Stone Harbor nor is to be relied on in making an investment or other decision. User should obtain relevant and specific professional advice before making any investment decision.  Stone Harbor makes no representations as to the reliability or accuracy of the information, opinions or suggestions provided to investors by third parties, including agents/advisors, and assumes no liability with respect to the same.

No Warranty

THE INFORMATION ON THE SITE IS PROVIDED “AS IS”. NEITHER STONE HARBOR NOR ITS AFFILIATES WARRANT THE ACCURACY OF THE INFORMATION, DATA OR MATERIALS PROVIDED HEREIN, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EACH EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitations of Liability

In no event, including negligence, will Stone Harbor or its affiliates be liable for any loss or damage of any kind, including any direct, special indirect or consequential damages arising out of or in connection with the access to, use of, performance of, browsing in or linking to other sites from the Site.

Copyright Statement

All information and material contained on the Site is provided by Stone Harbor and is subject to United States and international intellectual property laws.

If you believe in good faith that information or materials on this Site infringe your copyright, please contact Stone Harbor.  Contact information may be obtained by clicking the “Contact” link at the top of the webpage.

Stone Harbor reserves the right to change content without notice. No part of the Site may be reproduced or transmitted in any form or by any means (other than for your own assessment of the products and services offered by Stone Harbor), electronic or mechanical, including photocopying or recording, or by any information storage or retrieval system, without the express written permission of Stone Harbor.

Trademarks

All trademarks, service marks, and logos appearing on this Site are the exclusive property of their respective owners.

All Stone Harbor graphics, logos, page headers, and service names are trademarks, service marks, or trade dress of Stone Harbor. Stone Harbor’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not Stone Harbor’s, in any manner that is likely to cause confusion among customers or investors, or in any manner that disparages or discredits Stone Harbor. Nothing contained on this Site should be construed as granting any license or right in or to any trademarks, service marks, or trade dress of Stone Harbor.

Linked Internet Sites

Stone Harbor may from time to time provide hypertext or other links to sites that may be of interest to Users. Stone Harbor does not endorse, sponsor or promote any products or services offered by such sites and has not passed on the merits of any information contained on such sites. Stone Harbor assumes no responsibility whatsoever for any material outside its own Site. Stone Harbor is not responsible for the privacy practices of third party websites.

Indemnification

User agrees to defend and make Stone Harbor and its subsidiaries and affiliates whole for any and all claims, losses, liabilities, and expenses (including attorneys’ fees) arising from User’s use of the Site or any violation of these Terms and Conditions unless prohibited by law.

Privacy

When using the Site, Stone Harbor does not monitor or collect any personally identifiable information from User. Stone Harbor may, however, track the number of Users who visit the public areas of the Site. Stone Harbor also may record the location of User’s computer on the Internet for systems, administrative and troubleshooting purposes and to report aggregate information. Stone Harbor uses various technical means, including “cookies”, to collect and store information about User’s Internet connection when User visits the Site. Cookies are data elements that the Site sends to User’s browser. Stone Harbor uses cookies to measure the number of visitors to different parts of the Site. This information helps Stone Harbor to improve the Site and make it more useful to the Site’s visitors. If User would prefer not to accept cookies from the Site, User may set User’s browser accordingly. If User choose to disable cookies in User’s browser, User can still access most of the Site. Stone Harbor may use other methods now or in the future to accomplish the goals of collecting technical and navigation information about the Site.

Privacy Information For Password-protected Areas on the Site

While Stone Harbor takes active steps, including use of firewall barriers, encryption techniques and authentication procedures, to protect all information Stone Harbor receives online, Stone Harbor cannot guarantee the security of any information User transmits to the Site online, and User does so at User’s own risk.

If User shares User’s information, including, if applicable, User’s password information, with a third party, User does so at User’s own risk. By doing so, User may compromise the security of User’s information, including account/financial information. If User shares User’s password information with a third party, such as an information aggregator, we may not be able to verify the user of the password information. If User chooses to share User’s password information with a third party, including an information aggregator, we assume no liability or responsibility whatsoever for the integrity and security of that third party’s information systems or the dissemination, through a third party, of any of User’s personal and confidential information. For security reasons, User will automatically be logged out of a password-protected site after 30 minutes of browser inactivity.

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.

Singapore Users

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.

Australia Users

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.

Security

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.