The Canadian Dollar Offered Rate (“CDOR”) is calculated and administered by Thomson Reuters Benchmark Services Limited (“TRBSL”). None of Bank of Montreal, The Bank of Nova Scotia, Canadian Imperial Bank of Commerce, HSBC Bank Canada, National Bank of Canada, Royal Bank of Canada, The Toronto-Dominion Bank, and any other submitter to CDOR (the “CDOR Submitters”), their respective affiliates, nor any of their or their affiliates’ respective directors, officers, employees or agents (collectively the "Disclaiming Parties") shall be liable in respect of the accuracy or the completeness of CDOR or the submissions and data related thereto (“CDOR Data”) and none of the Disclaiming Parties shall have any liability for any errors, omissions, delays or interruptions in providing CDOR or CDOR Data. None of the Disclaiming Parties makes any warranty, condition, guarantee or representation, express or implied, as to results to be obtained by use of CDOR or CDOR Data.
CDOR and CDOR Data is provided “as is” and no Disclaiming Party makes any express or implied warranties, conditions, guarantees or representations, with respect to CDOR or CDOR Data. No Disclaiming Party shall be responsible or liable for any loss, cost, liability, claim, interest, fine, penalty, assessment, taxes, damages available at law or in equity, expense costs, fees and expenses of legal counsel or diminution in value that any person suffers or incurs as a result of its use of or reliance on CDOR or CDOR Data. Each Disclaiming Party expressly disclaims all warranties and conditions of merchantability or fitness for a particular purpose or use, satisfactory quality or non-infringement with respect to CDOR or CDOR Data or any data related thereto. Without limiting any of the foregoing, in no event shall any Disclaiming Party have any liability for any loss of profit, loss of or anticipated loss of revenue, loss of use, business interruption, loss of use of any equipment, loss of any contract or other business opportunity or goodwill or indirect, punitive, special, incidental, consequential or exemplary damages, even if advised of the possibility of such loss or damages or whether such loss or damages otherwise would have been foreseen. This exclusion and limitation of liability shall not exclude or restrict the liability of the Disclaiming Parties or any other person: (a) in respect of the fraud, bad faith, willful default or gross negligence of the applicable Disclaiming Party; (b) in respect of personal injury or death resulting from negligence; or (c) otherwise to the extent it cannot be excluded or restricted in accordance with applicable law. The exclusions and limitations of liability contained herein shall apply whether: (a) a claim arises in contract, tort, negligence, strict liability, breach of statutory duty, contribution or otherwise; or (b) a claim is brought directly or as a third party claim.
CDOR and CDOR Data are provided for general information purposes only and the provision of CDOR and CDOR Data does not constitute legal, financial or other professional advice. No Disclaiming Party shall be responsible for any costs or damages resulting from your use of or reliance on CDOR or CDOR Data, (or anybody accessing CDOR or CDOR Data via you), including but not limited to decisions relating to the sale and purchase of instruments or legal, compliance and/or risk management decisions. You agree that you access the content at your own risk in these respects.