Terms & Conditions Of Use
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Terms & Conditions Of Use
Before becoming a user (a “User”) to BTInsider (referred to as “BTInsider” or “Insider” and sometimes referred to as the “Service”), you must read and agree to the following terms and conditions of use including, but not limited to, the immediately following “Disclosure Statement,” (collectively, the “Terms and Conditions”), which govern your use of this Website and its products and services (including, but not limited to, message boards, blog-related services and subscription services) and your relationship with BT Enterprises, LLC (“BT Enterprises”) and all individuals and companies associated with this Website. By using this Website, you acknowledge that you have received and reviewed the Form ADV, Part II of BT Enterprises, LLC and that you have read the “Disclosure Statement” below. If you do not agree to these Terms and Conditions, do not use the Service. We may change the Terms and Conditions from time to time and at any time without notice to you, by posting such changes on this Website and indicating the date of the most recent revision on the home page. By using the Service following any modifications to these Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions.
BT Enterprises has entered into one or more agreements with various individuals for purposes of referring prospective subscribers, which may include you, to BTInsider (each, a “solicitor”). Pursuant to such agreements, the solicitors will be compensated by BT Enterprises for referring prospective subscribers to BTInsider. Such compensation may take the form of, but is not limited to, a percentage of BT Enterprises’ net profit derived from subscription fees associated with BTInsider (collectively, the “referral fees”). The referral fees paid by BT Enterprises are not passed on to subscribers referred by the solicitors. The solicitors are generally not authorized to act for or bind BT Enterprises, except as provided in the agreement between BT Enterprises and the relevant solicitor.
By using BTInsider, including any services, products, software and content contained therein, you agree that use of the Service is entirely for your own educational and entertainment benefit. The insights, columns, articles, and all other features of BTInsider (collectively, the “Information”) are provided for informational and educational purposes only and should not be construed as “final” decisisons upon which to base life choices. Factual statements in this Website are made as of the date stated and are subject to change without notice.
By using the Information in BTInsider, you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you. BTInsider does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse in any way, the views, opinions or recommendations expressed in the Information. The Information does not constitute a solicitation by the information providers, BTInsider, or other of the purchase or sale of securities.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY, THE BTINSIDER DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER BTINSIDER NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANOTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF BTINSIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, CUSTOMERS, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
BT Enterprises, or one of its affiliates, is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the BTInsider Website, and is the copyright owner or licensee of the content and/or information on the Website, unless otherwise indicated. BTInsider does not grant to you a license to any content, features or materials you may access on this Website. You may not download or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions, for any purpose. You may, however, print a copy of the information on this Website solely for your personal use or records. If you make other use of this Website, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property, by including them on this Website.
User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to User by BTInsider or its Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, User is only permitted to use such content as expressly authorized by the Service or the Advertiser.
We reserve the right to change any information on this Website, including but not limited to revising and/or deleting features or other information without prior notice to you. Accessing certain links within this Website may provide you with access to other Websites for which we assume no responsibility of any kind for the content, availability or otherwise. (See “Links from and to BTInsider” below.) The content of this Website may vary depending upon your browser functionality and limitations.
You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer, software, a modem and a working telephone line.
In consideration of your use of BTInsider, you agree that you are at least eighteen (18) years of age and you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the Registration Form, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, we have the right to terminate your account and refuse any and all current or future use of the Service. You agree not to resell or transfer the Service or use of or access to the Service.
Each User is responsible for any fees or other charges that may be incurred to access BTInsider.
User Conduct On BTInsider:
While using the Service, you may not:
1. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
2. upload, post, publish, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under U.S. copyright laws; or
3. upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export laws and regulations; or
4. upload, post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
5. restrict or inhibit any other user from using and enjoying the Service; or
6. post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by BTInsider) or engage in spamming or flooding; or
7. impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or
8. post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component.
All information submitted to BTInsider via this Website shall be deemed and remain the property of BTInsider, and we shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information any user of this Website provides to BTInsider through this Website. BTInsider shall not be subject to any obligations of confidentiality regarding submitted information, except as agreed by BTInsider entity having the direct customer relationship or as otherwise specifically agreed or required by law.
We are taking reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by guarantee that the personal information you have entered will not be intercepted by others and decrypted.
If you wish to make purchases through BTInsider, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree not to hold BTInsider liable for any loss or damage of any kind incurred as a result of any such dealings with any merchant or information or service provider through the Service. You agree that all information you provide any merchant or information or service provider through the Service for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services through the Service set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Service.
Failure to Comply With Terms and Conditions and Termination:
Subscription to this Service may be terminated at any time, and without cause, by BTInsider, upon notification by telephone or e-mail.
You acknowledge and agree that we may terminate your password or account or deny you access to all or part of the Service without prior notice if you engage in any conduct or activities that we, in our sole discretion, believe violate any of these Terms and Conditions, violate the rights of BTInsider, or are otherwise inappropriate for continued access. You acknowledge and agree that we may, in our sole discretion, deny you access, through BTInsider, to third party services, merchandise, materials or information on the Internet, and we shall have no responsibility to notify any third-party providers of services, merchandise, or information nor any responsibility for any consequences resulting from lack of notification.
You agree to defend, indemnify and hold BTInsider and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or users of your account or related to any violation of these Terms and Conditions by you or users of your account.
The Terms and Conditions and the relationship between you and BTInsider shall be governed by the laws of the state of Missouri, without regard to its conflict of law provisions. You and BTInsider each agrees to submit to the personal and exclusive jurisdiction of the courts located within the State of Missouri.
The failure of BTInsider to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This information is issued solely for informational purposes. Information contained herein is based on sources which we believe to be reliable but is not guaranteed by us as being accurate and does not purport to be a complete statement or summary of available information. Opinions expressed herein are statements of our judgment as of the publication date and are subject to change without notice. This Web site is for clients of BT Enterprises. Reproduction without written permission is strictly prohibited and will be prosecuted to the full extent of the law.
©2015 BT Enterprises, LLC. All rights reserved.
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