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Legar Info - Terms of Usage
The following rules are set in place to govern the use of the Businessrise.com Website (the “Website”):
BY USING THIS WEBWEBSITE, YOU AGREE TO AND ACCEPT THE Terms & Conditions (“TCU”) SET FORTH BELOW.
Your use of this Website is governed by these TCU.
Please take a few minutes to review these TCU. Your use of this Website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these TCU, then do not use the Website.
These TCU may change without prior notice. Businessrise.com reserves the right to update or modify these TCU at any time without prior notice. Your use of the Website following any such change constitutes your agreement to follow and be bound by the TCU as changed. For this reason, we encourage you to review these TCU whenever you use the Website.
Data and information relating to securities or the like is provided for informational purposes only, and is not intended for trading purposes.
Please direct any questions you may have about the TCU, or any other legal matters, to the following e-mail address: info@businessrise.com
Eligibility
Some of the Content on this Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE. We strongly recommend that children between the ages of 13 and 18 ask for their parent's or guardian's permission before viewing our Website.
Copyright and Trademark Notice
1.All of the content you see, hear or otherwise experience on the Website (the "Content"), including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Businessrise.com, its affiliates or by third parties who have licensed their materials to Businessrise.com. The entire Content of the Website is copyrighted as a collective work under U.S. copyright laws, and Businessrise.com owns a copyright in the selection, coordination, arrangement and enhancement of the Content.
The Content of the Website, and the Website as a whole, is intended solely for personal, noncommercial use by the users of our Website. You may download, print and store selected portions of the Content, provided you (1) only use the Content for your own personal, non-commercial use; (2) do not copy or distribute the Content or post the Content on any network computer or broadcast the Content in any media; and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Businessrise.com reserves complete title and full intellectual property rights in any Content you download from this Website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Businessrise.com.
2. User Contributions to the Website
There are opportunities for you to contribute to the Website. These may include, among others: data, text, links, articles, software, photographs, graphics, video, music, sound, messages, etc. which collectively, we call "Content". Businessrise.com is not liable or responsible for any Content provided by its users or other third parties to the Website ("User Content"). The contributions of third parties do not necessarily represent the view or opinions of Businessrise.com.
Businessrise.com cannot preview User Content before it appears. Users can be held liable for any illegal or prohibited User Content they provide to the Website, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the Website, please notify us at info@businessrise.com We will investigate your claim and may then take the actions deemed appropriate.
3. License To User Content
If, at our request or on your own, you send, email, post or otherwise transmit to us or this Website information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, or other materials (collectively, the "User Content"), the User Content shall be deemed, and shall remain, our property. None of the User Content shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any User Content.
Without limitation of the foregoing, you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display any User Content (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the User Content in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trade-marks and other intellectual and proprietary rights (collectively, the "Rights") that may exist in such User Content.
You further waive all your moral rights in favor of us with respect to any User Content. You also warrant that any third party holder of any Rights in such User Content has validly and irrevocably granted to you the right to grant the license stated above and has waived such third party's moral rights in such User Content. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Content or any third party holder of any rights.
4. Indemnity
You agree to indemnify, hold harmless and, at our option, defend Businessrise.com and our affiliates, and our and their officers, directors, employees, shareholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable legal fees and expenses) arising from your improper use of this Website or our products or offerings, your violation of these TCU, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
5. Links and Search Results
These TCU apply only to this Website, and not to the Websites of any other person or entity. We may provide, or third parties may provide, links to other worldwide Websites or resources. You acknowledge and agree that we are not responsible for the availability of such external Websites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such Websites or resources.
You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other Website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other Website to that Website's administrator or webmaster.
6. No Resale of Website
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use of the Website, or access to the Website, without the express, prior written consent of Businessrise.com in each instance.
7. Modifications to Website
Businessrise.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that Businessrise.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.
8. Suspension and/or Termination Rights
Businessrise.com reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate the TCU, your registration for any program, your ability to access the Website, your ability to utilize any email services offered on the Website, and/or to remove any User Content, for any reason, including without limitation any breach by you of the TCU or conduct by you that Businessrise.com determines to be inappropriate. You agree that Businessrise.com shall not be liable to you or any third-party for any suspension or termination pursuant to this provision.
9. Your Registration Obligations
Some of the services and related features made available on the Website may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete.
You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on the Website, and (b) all activities that occur under such password or account. Further, you agree to notify Businessrise.com of any unauthorized use of your password or account. Businessrise.com shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
10. Privacy Policy
For information on how user information is collected, used and disclosed by Businessrise.com in connection with your use of this Website and any of the services, please consult our Privacy Policy.
12. Back-Up
Businessrise.com is not liable for any lost data resulting from the operation of our Website and/or the enforcement of the TCU of Use (including without limitation content from any e-mail account hosted by Businessrise.com), and is not obligated to maintain back-up copies of any contributed User Content or e-mail messages. We recommend that you retain a copy of all User Content that you post or distribute to, or through, the Website.
You understand and agree that Businessrise.com may release information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.
13. U.S. Export Controls
Businessrise.com encourages users from around the world to use the Website. However, if you choose to use the Website, you understand, acknowledge and agree that your use of the Website is governed by the TCU and the laws and regulations of the United States regarding online conduct and acceptable content. If you use the Website in a jurisdiction that prohibits or restricts the use of the Website, you agree that your use of the Website will be at your own risk, without limitation of any other provision of the TCU, and that Businessrise.com shall not have any liability with respect to such use. Software from this Website is subject to United States export controls. No software from this Website may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
14. Disclaimer of Warranties
You expressly understand and agree that:
Your use of the Website is at your sole risk. The Website, and its content, are delivered on an "as is" and "as available" basis. Businessrise.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Businessrise.com makes no warranty that the Website or any related services, such as email, links, or searches offered on the Website will be error-free, uninterrupted, timely, secure, or that it will provide specific results from use of the Website or any content, search or link therein. Businessrise.com further cannot ensure that files you download from the Website will be free of viruses, Trojan horses, bugs, contamination, or destructive features.
Any material viewed, downloaded, or otherwise obtained through the use of the Website is done solely at your own discretion and risk, and Businessrise.com will not be liable for any damages of any kind arising from the use of the Website, including, without limitation, direct, indirect, incidental, punitive, or consequential damages.
No advice or information, whether oral or written, obtained by you from Businessrise.com or through or from the Website shall create any warranty not expressly stated in the TCU. Data and information relating to securities or otherwise is provided for informational purposes only, and is not intended for trading purposes. Neither Businessrise.com nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon.
15. Limitation of Liability
You expressly understand and agree that Businessrise.com shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Businessrise.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Website; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Website; or (v) any other matter relating to the Website or the content thereon, including without limitation any user content posted thereon. In no event will Businessrise.com be liable for any damages in excess of one hundred United States dollars ($100.00).
16. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
17. Miscellaneous
The TCU constitutes the entire agreement between you and Businessrise.com. It governs your use of the Website, superceding any prior agreements between you and Businessrise.com. You may also be subject to additional TCU that may apply when you use affiliate services, third-party content, or third-party software.
You agree that the TCU and the relationship between you and Businessrise.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to submit to personal and exclusive jurisdiction by and venue in the state and federal courts of the State of California, County of Los Angeles. The failure of Businessrise.com to exercise or enforce any right or provision of the TCU shall not constitute a waiver of such right or provision.
If any provision of the TCU 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 TCU 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 Website or the TCU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TCU are for convenience only and have no legal or contractual effect.
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