Terms of Use
The following are terms of legal agreement (“Agreement”) between you and Brokers Alliance®, Inc. By accessing, browsing and/or using this webs site (“Site”) you acknowledge that you have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use the Site. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may contain technical inaccuracies or typographical errors. Please read this agreement carefully and be aware that Brokers Alliance®, Inc. may, in its sole discretion and with notice, revise these terms at any time by update this posting.
HYPERLINKING
Brokers Alliance®, Inc. makes no representation whatsoever about any other web site which you may access through this one. When you access a non Brokers Alliance®, Inc. web site, please understand that it is independent from Brokers Alliance®, Inc., and that Brokers Alliance®, Inc. has no control over the content on that web site, even if Brokers Alliance®, Inc, provides information or services to the owner of that web site. In addition a link to a non- Brokers Alliance®, Inc,. web site does not mean that Brokers Alliance®, Inc. endorses or accepts any responsibility for the content or the use of such web site. In fact Brokers Alliance®, Inc. disclaims any and all liability and responsibility for such content. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.
COPYRIGHTS AND USE OF THE SITE CONTENT
The copyright in all materials provided on this Site is held by Brokers Alliance®, Inc. or by the original creator of the material. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Brokers Alliance®, Inc. or the copyright owner. Permission is granted to download one copy of the materials on this site on a single computer for your personal or internal business use only provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates immediately if you breach this Agreement. You may not “Mirror” any material contained on this Site without Brokers Alliance®, Inc.’s express written permission. Any unauthorized use of the materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on this Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of Brokers Alliance®, Inc. or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
"COOKIES" AND OTHER ONLINE INFORMATION
Subject to the terms of any Brokers Alliance®, Inc. privacy notice, you agree that Brokers Alliance®, Inc. may collect information from you online through its Internet web site(s), subject to the following:
Brokers Alliance®, Inc. like many web sites, uses “cookies” (a small text file placed on the user’s hard drive) and/or “web bugs” ( a small graphic designed to monitor who is reading the page or message) to facilitate site navigation, maintain quality of online service, provide additional security, and allow the customization of your access to Brokers Alliance®, Inc. The “cookies” automatically collect information about your computer hardware and software, which can include browser type, access times, and Internet Protocol (IP) address. Brokers Alliance®, Inc. Does not use “cookies “ to collect information from third party web sites that you may visit. Brokers Alliance®, Inc. may personalize your user experience by using information about your interests to recommend other services or sites that might be of interest to you; Brokers Alliance®, Inc. may also monitor user traffic patterns and site usage to help provide enhancements to its services; Brokers Alliance®, Inc. may use the information it collects to notify you about new services or special offers; Brokers Alliance®, Inc. may make use of “cookies” and/or “web bugs” to enable it to store information and prepare customized pages or other personalized aspects of its services; and, Brokers alliance, Inc. reserves the right to reveal any Registration Data or other information in its possession regarding users of its services in cooperation with a request or investigation by any governmental body or governmental agency.
You may opt out of accepting cookies by changing the settings on your browser. However, rejecting cookies may diminish your browsing experience and prevent you from using certain functions. You may have to repeatedly enter information to take advantage of services or promotions. In general, cookies allow Brokers Alliance®, Inc. to identify you as a particular user and thus provide you with more customized service. Brokers Alliance®, Inc. may also use cookies to track customer or user requests, inquires, and traffic patterns or to determine audience size and repeated usage.
TRADEMARKS
The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Brokers Alliance®, Inc. Other trademarks, service marks and trade names may be owned by others. Nothing on this Site should be construed as granting, by implication, any license or right to use any Trademark or any other Brokers alliance, Inc. intellectual property displayed on this Site. Brokers Alliance®, Inc. aggressively enforces its intellectual property rights to the fullest extent of the law. The name Brokers Alliance®, Inc. or any other Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution or materials on this Site. Without prior written permission from Brokers alliance, Inc. Brokers Alliance®, Inc. also prohibits use of Brokers Alliance®, Inc. or any other Trademark as part of the link to or from any site unless establishment of such a link is approved in advance by Brokers Alliance®, Inc. in writing.
USER POSTINGS
You acknowledge and agree that Brokers Alliance®, Inc. shall own and have the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post or otherwise publish on this Site (“Submission”). You hereby waive any and all claims against Brokers Alliance®, inc. for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with Brokers Alliance®, Inc use and publication of such Submissions. This means that anything submitted by you to this Site will be owned by Brokers Alliance®, Inc. and may be used by Brokers Alliance®, Inc for any purpose, now or in the future, without any payment to, or further authorization by, you. In the event that Brokers Alliance®, Inc.’s ownership of such submissions is successfully contested you automatically grant Brokers Alliance®, Inc. a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use , reproduce, modify, publish, translate, prepare derivable works based upon, distribute, perform or display such submissions, in whole or in part in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. Brokers Alliance®, Inc. does not represent or endorse the accuracy or reliability of any Submissions displayed, updated, posted on any message board, or otherwise distributed through this Site by any user of this Site, information provide or any other third party. Brokers Alliance®, Inc. expressly disclaims any and all liability related to Submission shall be at your sole risk. You covenant that you shall not post or otherwise publish on the Site any materials that: (i) are threatening, libelous, defamatory, or obscene; (ii) would constitute, or that encourage conduct that would constitute criminal offense, give rise to civil liability, or that otherwise violate law; (iii) infringe the intellectual property, privacy, or other rights of any third parties; (iv) contain a computer virus or other destructive element; (v) contain advertising, or (vi) constitute or contain false or misleading statements. Brokers Alliance®, Inc. in its sole discretion reserves the right to refuse to post and the right to remove any information or Submission from this Site, in whole or in part, for any reason.
NO SERVICES, ENDORSEMENT OR PROFESSIONAL CONSULTATION
There may be delays, omissions or inaccuracies in information obtained through your use of this Site. This information is provided to you with the understanding that Brokers Alliance®, Inc.’s provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services. Information used as a substitute for consultation with professional advisors. Moreover, Brokers Alliance®, Inc. does not represent or endorse the accuracy or reliability of any advise, opinion statement, or other information displayed, uploaded, downloaded, or distributed through this Site by Brokers Alliance®, Inc. any user information provider or any other person or entity. You acknowledge that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option and risk. Moreover, Brokers Alliance®, Inc. does not grant any license or other authorization to you to use this Site in any manner if such use in whole or in part suggests that Brokers Alliance®, Inc. promotes or endorses any third party’s causes, ideas political campaigns, political views, web sites, products or services.
ACCESS TO THIS WEBSITE
Brokers Alliance®, Inc. may alter suspend or discontinue this Site or your access to use this Site at any time for any reason without notice or liability to you or any third party. This Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to the user’s systems or operations. The user shall be solely responsible for ensuring that any information or content obtained from this Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage the user’s systems, software or data.
DISCLAIMER OF WARRANTIES
The site and all materials thereon are distributed on an “as is” basis without warranties of any kind. To the fullest extent permissible under applicable law, Brokers Alliance®, Inc. disclaims all warranties, express or implied, including , but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, specifically but without limitation. Brokers Alliance®, Inc. does not warrant that; (1) The information on this site is correct, accurate or reliable; (2) The functions contained on this site will be uninterrupted or error-free; (3) Defects will be corrected, or that this site or the server that makes them available are free of viruses or other harmful components. You hereby acknowledge that use of this site is at your sole risk. If you are a California resident, you hereby waive California civil code section 1542 which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
LIMITATION OF LIABILITY
Under no circumstances shall Brokers Alliance®, Inc. or any of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives attorneys and their respective heirs, successors and assigns be liable for any damages, including direct incidental, punitive, special, consequential or exemplary damages that directly or indirectly result from the use of, or the inability to use, this site or the information contained on this Site including for viruses alleged to have been obtained from this site, even if Brokers Alliance®, Inc has been advised of the possibility of such damages in no event shall Brokers Alliance®, Inc. or any of its predecessors, , successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives attorneys and their respective heirs, successors and assigns, total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence) or otherwise exceed $1. Some jurisdictions may not allow the exclusion of implied warranties in which case some of the above exclusions may not apply to all users.
INDEMNIFICATION
You hereby indemnify, defend, and hold harmless, Brokers Alliance®, Inc. and all of its, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives attorneys and their respective heirs, and assigns (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorney’ fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. Brokers Alliance®, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Brokers Alliance®, Inc. with respect to the subject matter of this Agreement and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter. Any waive of any provision of this Agreement will be effective only if in writing and signed by Brokers Alliance®, Inc.