This web site https://ir.hyundaicapitalamerica.com (the “Website”) includes areas which may only be accessed by and on behalf of existing and bona fide prospective investors (“Qualified Investors”) in securities issued by Hyundai Capital America (“Hyundai Capital”) or its limited purpose affiliates. By evidencing your acceptance of this agreement by electronic means, you represent and warrant that (i) you are an employee of a Qualified Investor (the “Subject Qualified Investor”), (ii) you have the power and authority to provide an electronic signature and acceptance on behalf of yourself and the Subject Qualified Investor and to bind yourself and the Subject Qualified Investor by electronic signature to the Terms and Conditions (as defined below), and (iii) your electronic signature is a representation of your signature acceptance for all purposes of these terms, just as a pen-and-paper signature would be. Further, each time you log on to the Website using the user password issued to you by Hyundai Capital, and click “agree” to the general terms and conditions for its use, you, on behalf of yourself and the Subject Qualified Investor, will be deemed by electronic signature to reaffirm your and the Subject Qualified Investor’s acceptance of, and agreement to be bound by, the Terms and Conditions. If you do not agree with these terms, you should immediately cease use of the Website and all information or other materials you have obtained through the Website.
The “Terms and Conditions” are as follows:
- You and the Subject Qualified Investor acknowledge and agree that your access to the Website is solely for the purpose of evaluating purchasing, holding and/or selling securities of Hyundai Capital or its limited purpose affiliates (“Subject Securities”) and that the information contained in the Website, including, without limitation, any printed, electronic or digital document or file and information, applications or hyperlinks (collectively, “Information”) is confidential. You and the Subject Qualified Investor will keep all Information confidential, will only use it for its intended purpose and will not distribute or disclose any of such Information. Notwithstanding anything herein to the contrary, you and the Subject Qualified Investor may discuss the information contained on the Website with officers, employees and agents of the Subject Qualified Investor who have a need to know such information in connection the Subject Qualified Investor’s evaluation of whether to purchase, hold or sell Subject Securities.
- You and the Subject Qualified Investor acknowledge and agree that you and the Subject Qualified Investor were provided with a user password to access the Website and Information solely on behalf of the Subject Qualified Investor for the sole purpose of evaluating whether to purchase, hold or sell Subject Securities. You and the Subject Qualified Investor will not disclose the password to any other person or entity other than the user and will not access or use any Information for any other purpose.
- Any Information speaks only as of the date such Information was originally issued or the date of execution or effective date of the related document or other Information posted.
- You and the Subject Qualified Investor acknowledge and agree that under no circumstances should any such information be used or considered as an offer to sell or a solicitation of an offer to buy any securities.
- Hyundai Capital has taken precautions to minimize the risk of transmitting software viruses. You are advised to carry out your own virus checks on any internet activity. Hyundai Capital disclaims any liability for any loss or damage caused by viruses.
- This agreement is governed by the internal laws of the State of New York.
- THE PARTIES HERETO WAIVE THEIR RIGHTS TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING UNDER OR PURSUANT TO THIS AGREEMENT. THE PARTIES HEREBY SUBMIT TO THE JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK AND FEDERAL COURTS SITTING IN NEW YORK, NEW YORK IN ANY ACTION, MATTER OR PROCEEDING RELATING HERETO.
- Your electronic signature on the Terms and Conditions shall be deemed to satisfy any requirement of applicable law that this agreement be in writing.