These terms of use (the “Terms of Use”) govern the rights and obligations of all visitors and users (“You”) accessing this website, its subdomains and mobile versions and the Content or services hosted at https://www.lombardodier.com/home.html  (the “Website”), including access to and use of the Portfolio Check-Up platform (the “Portfolio Check-Up”). By accessing this Website, you agree to the following Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access this Website.

1. Local Restrictions – Access For Swiss Residents Only. Diagnosis for Portfolio With Minimum Size CHF 1 mn. The access to this Website Content and to the Portfolio Check-Up is strictly restricted to individuals and legal entities domiciled in Switzerland. It is not permitted to any person or legal entity domiciled in any other jurisdiction, in particular where the publication and availability of the Website Content and the Portfolio Check-Up would result in a violation of any applicable laws or regulations. In addition, the use of the Portfolio Check-Up is only available for invested portfolios of minimum CHF 1 mn. By accessing the Website Content and Portfolio Check-Up, you confirm that you comply with these conditions, in particular that you are a Swiss domiciled person/legal entity.
    
2. No Solicitation or Offer For Services and/or Contract. The Website Content as well as any results, data, discussion or other downloadable information or documents provided by Bank Lombard Odier & Co Ltd or its auxiliaries (e.g. employees) further to your use of the Portfolio Check-Up are provided solely for illustrative purposes and do not constitute a solicitation or an offer to provide any financial services nor do they confer upon you any contractual rights of any kind (except for those expressly mentioned herein). Without prejudice to the generality of the foregoing, none of the information or data prompted or suggested further to the use of the Portfolio Check-Up (e.g. investment strategy, portfolio construction, assets allocation, return on assets, etc.) nor any downloadable information or documents (e.g. draft agreements, marketing material etc.) shall constitute a solicitation or an offer for services, financial instruments or contract, and you cannot rely on the fact that, should you wish to enter into negotiations with Bank Lombard Odier & Co Ltd, the latter would accept opening contractual negotiations with you because of or as a result of your use of the Website or the Portfolio Check-Up, or offer to you contractual or financial conditions or terms identical or similar to those prompted or suggested by the use of the Portfolio Check-Up or mentioned in any downloadable information or document. In addition, Bank Lombard Odier & Co Ltd does not provide any guarantee regarding the suitability and appropriateness of any information, data or documents provided to you in relation with the use of the Portfolio Check-Up.
    
3. Suitability and appropriateness of the service. Only if, further to the use of the Portfolio Check-Up, you and Bank Lombard Odier & Co Ltd decide to enter into a discretionary management or advisory contract, Lombard Odier & Co Ltd will assess the suitability and appropriateness of the service proposed to you.
    
4. Lombard Odier Website - Proprietary Rights. This Website including but not limited to the Portfolio Check-Up Platform is operated by Bank Lombard Odier & Co Ltd or another affiliated entity of the Lombard Odier Group (together “LO” or “We“). Unless otherwise indicated, the Website and its contents, including but not limited to all text, HTML code, CGI scripts, graphics, button images, and the site design and “look and feel” (the “Website Content”) are the property of LO and are protected pursuant to Swiss and foreign copyright and trademark laws. This Website and the Website Content may not be modified, copied, distributed, republished, downloaded, uploaded or commercially exploited in any manner without the prior written consent of LO, or except as otherwise permitted under these Terms of Use.
    
5. Website Content and Portfolio Check-Up Limited Licenses. You are granted a limited personal license to access, display, download on a single computer, and print, a copy of any of the Website Content for your own personal non-commercial use, or as otherwise expressly authorized by this Website, provided no copyright, trademark or other proprietary notices are removed (“Website Content Limited License”). You are granted a limited personal license to access, display and use the Portfolio Check-Up (through the Website) on a single computer, as well as to print any results, for your own personal non-commercial use, or as otherwise expressly authorized by this Website (“Portfolio Check-Up Limited License”). The Website Content and Portfolio Check-Up Limited Licenses are subject to these Terms of Use and do not permit i) use of any data mining, robots, scraping or similar data gathering or extraction methods or ii) publication, sale, rental or distribution of content, or creation of derivative works, etc. These Licenses are revocable at any time without notice and with or without cause. No intellectual property rights in or to this Website or the Website Content or the Portfolio Check-Up are transferred to you.
    
6. General Disclaimer. Bank Lombard Odier & Co Ltd does not give you any right or guarantee to receive a reply in a certain laps of time after downloading your portfolio in the Portfolio Check-Up tool, as it will analyse each request on a best effort basis. Bank Lombard Odier & Co Ltd also reserves the right to refuse any request for Portfolio Check-Up, discontinue or remove the Portfolio Check-Up at any time, on its sole discretion and without previous notification. The Website Content and the Portfolio Check-Up are for general information purposes only, and should not be used as a substitute for consultation with professional advisors. You are strongly advised to verify any information before using it for any personal, financial or business purpose, and to request assistance of accountants, financial experts, lawyers, tax experts, and other qualified professionals before making any decision. It is your responsibility to determine whether, how, and to what extent, your intended use of the Website, of the Portfolio Check-Up and of any result returned by the Portfolio Check-Up will be useful, appropriate, or suitable to you.
    
7. No Guarantee; No Liability. The Website and the Portfolio Check-Up are provided to you “as is” and “as available”. LO does not provide any guarantee in respect of the content or information displayed by the Website or the Portfolio Check-Up. In particular, you acknowledge that we do not provide any guarantee of any kind in regard to the results (notably the precision, comprehensiveness, reliability, thoroughness, quality and accuracy of the data delivered) provided further to the use of the Portfolio Check-Up, nor as regards the usefulness, suitability or appropriateness of such results or their suitability and appropriateness to your personal situation, to the purpose you envisioned, nor as regards the benefit you hope to gain from consulting or using the Portfolio Check-Up. You also acknowledge that information or results provided to you further to your use of the Portfolio Check-Up will depend on the information or data you insert in the Portfolio Check-Up, and that we do not check or evaluate in any way appropriateness, exactitude, precision, plausibility or verisimilitude of the information or data you provide. You acknowledge that the Portfolio Check-Up runs on simplified, standardized and necessarily inaccurate and incomplete assumptions (regarding, inter alia, factual, economical, legal or fiscal conditions), and the fact that the Portfolio Check-Up lets you insert data in certain fields, or returns (or not) results based on such data, is in no way evidence or confirmation by Bank Lombard Odier & Co Ltd that such data match or will be reproducible (or not) in real life situations (e.g.: the Portfolio Check-Up does not take into account legal provisions relating to tax compliance obligations, suitability and appropriateness assessment to your personal situation). You further acknowledge that no content, information, data or results displayed provided, shall constitute an advice issued by Bank Lombard Odier & Co Ltd, nor is it designed to enable you to make any personal, financial or business decisions. Bank Lombard Odier & Co Ltd shall accept no liability in relation to any decision that you may (or may not) take on the basis of these content, information, data or results. LO generally disclaims any liability or responsibility for any errors, omissions or inaccuracies in the Website Content, the Portfolio Check-Up or the results returned by the Simulator. To the fullest extent permitted by applicable laws, in no event shall LO be liable for any damages of any kind or character, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by malwares, loss of income or profit, loss of damage to property, claims of third parties, or other losses of any kind or character, even if LO has been advised of the possibility of such damages or losses, arising out of or in connection with the Website, the Website Content or the Portfolio Check-Up. To the fullest extent permitted by applicable laws, LO disclaims all warranties, representations and conditions of any kind with respect to the use of the Website, the Website Content or the Portfolio Check-Up, or their accuracy, completeness, timeliness or correctness, for any purpose.
    
8. Third Party Content. We may, through the Website or the Portfolio Check-Up, display or give you access to information or content or services that are not produced or developed by LO, but are provided by third parties. Such information, content or services, including, without limitation, tariffs for third party services or products, services or products listings, special costs or rebates, draft contractual documents, featured services or products, whether directly displayed on the Website, embedded as Portfolio Check-Up results and/or resulting from selections or choices made by you during your navigation of the Website (“Third Party Content”) is provided to you solely as a convenience (e.g. for comparison purposes). LO does not sell, resell or license any of such Third Party Content, nor act as an agent for the sale of such Third Party Content, nor is any such third parties offering Third Party Content our agents. You acknowledge that we neither support nor recommend, nor take responsibility in general, for Third Party Content provided or offered via our Website or our Simulator and that we do not endorse any such third party providing Third Party Content. You also acknowledge that we do not scrutinize, review, examine or evaluate any of the Third Party Content. We are not liable in any way for the legality, quality, truthfulness or accuracy of the Third Party Content. Your interaction with any part of the Third Party Content is entirely at your own risk, and we are not obliged to intervene (whether in your favor or otherwise) in any dispute that may occur between yourself and the third party entity that is providing the Third Party Content via our Website or Simulator, nor to participate (whether in your favor or otherwise) in resolving such a dispute. Our exclusion of liability shall apply to the full extent permitted by law. Moreover, Section 6 (“General Disclaimer”) and Section 7 (No Guarantee; No Liability) shall also apply in full to such Third Party Content.
    
9. Third Party Content License. Except as otherwise displayed or indicated on the Website, or except as otherwise provided in these Terms of Use, you are granted a limited personal license to access, display, download or use on a single computer, and print, a copy of any of the Third Party Content, whether accessible, displayed or downloadable on the Website and/or embedded as Portfolio Check-Up results, for your own personal non-commercial use, or as otherwise expressly authorized by this Website, provided no copyright, trademark or other proprietary notices are removed (“Third Party Content Limited License”). The Third Party Content Limited License is subject to these Terms of Use and does not permit i) use of any data mining, robots, scraping or similar data gathering or extraction methods or ii) publication, sale, rental or distribution of content, or creation of derivative works, etc. This License is revocable at any time without notice and with or without cause. No intellectual property rights in or to Third Party Content is transferred to you.
    
10. Third-party websites. The Website may contain links to third-party websites (“Third-party Websites“). You are solely responsible for deciding whether to access or use a Third-party Website. LO does not necessarily endorse Third-party Websites, and are not responsible for the characteristics, content, advertising, products, or services offered or for any other documents available on or via Third-party Sites. LO disclaims all liability in relation to Third-party Websites. If you decide to access Third-party Sites, you do so at your own risk.
     
11. Site and Services; Modifications. LO does not guarantee that access to, or use of, the Website or the Portfolio Check-Up will be uninterrupted or error free, and shall not be liable for any feature not being accessible or for any unavailability of its Website and Portfolio Check-Up, permanent or temporary. The Website, the Portfolio Check-Up, their features and content may be expanded, limited or modified at any time, without advance notice or reason. We may also in our sole discretion, and at any time, discontinue providing, temporarily or permanently, without notice, the Website, the Portfolio Check-Up or any portion thereof. Furthermore, we are not obliged to save, maintain, or provide a copy of the Website Content or of the Portfolio Check-Up, in whole or in part, even if such content has been provided by you (e.g. information or data inserted by you in the Portfolio Check-Up).
     
12. Changes in the Terms of Use. LO reserves the right to post changes to the Terms of Use on this Website at any time, and by your continuing to use the Website thereafter, you agree to be bound by the new version of the Terms of Use. If any Terms of Use changes are not acceptable, you must stop your use of this Website.
     
13. General provisions. Internet. The Website, the Website Content and the Portfolio Check-Up are accessible via the Internet, an unprotected open public network over which LO has no control. Please be aware that the Internet is not a secure environment and there are risks in connecting to it, e.g. technical risks, the risk of inadvertently downloading malware (viruses, spyware, Trojan horses, etc.), or, as the case may be, the risk of enabling third parties to access, without your consent, the functions and contents of your computer and your confidential data. LO accepts no liability in this respect. Language. If this document is translated into other languages, the English version is legally binding and prevails over all other versions. No waiver. Failure by us to act in relation to a breach committed by you or by others shall not be deemed to be a waiver by us of our right to take action with regard to the said breach or to a future, similar, or other breach. Assignment. Except with our express written consent, you may not assign your rights or obligations arising from the contractual relationship created by these Terms of Use. We reserve the right to assign our rights and obligations arising from the contractual relationship created by these Terms of Use, even without your consent.
     
14. Applicable law. Arbitration.These Terms of Use are subject to Swiss law, which shall exclusively govern the interpretation, application, and effect of all the conditions of use set out above. The courts of Geneva shall have exclusive jurisdiction over all claims or disputes arising out of or in connection with the Site and its use.