The following Terms and Conditions of Use apply to the entire group of websites created and provided by Bramston & Associates LLC and its subsidiary companies available for general viewing and use. For any Bramston & Associates web sites which are available only to paid or trial subscribers, or otherwise only accessible by secure login (the “Subscription Products”), any use thereof shall be governed by the Terms of Service: Subscription Products. These Bramston.Associates Terms and Conditions of Use are inclusive of, but not limited to, all written and graphic or design materials, underlying HTML or other source files, discussion groups and e-mail features offered as part of any Bramston & Associates website, all of which (with the exception noted above) are defined collectively as “Site”.
1. OWNERSHIP, LICENSE & RESTRICTIONS ON USE
1.1 This Site contains proprietary material of Bramston & Associates, which is protected by copyright and other laws respecting proprietary rights. The Site is also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Bramston & Associates retains all rights in this Site and the materials herein, including (without limitation) all copyright and other proprietary rights worldwide in all media. You may not use this Site or any materials herein except as expressly permitted under these Terms and Conditions.
1.2 Bramston & Associates may change, suspend or discontinue any aspect of the Site at any time, including the availability of any feature, database, or content. Bramston & Associates may also impose limits on certain features and services or restrict access to parts or all of the Site without notice or liability.
1.3 You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Site in whole or in part. In no event shall materials from this Site be stored in any information storage and retrieval system without prior written permission from Bramston & Associates LLC.
1.4 This Site and these Terms and Conditions may be changed by Bramston & Associates with or without notice. Please review this link on a regular basis for changes. Continued use of this Site following any change constitutes your acceptance of the change.
You may provide hot links to this Site and/or publicly available portions of the Site, not protected by password or other control measures, provided (a) you notify Bramston & Associates of such a link by sending an e-mail to email@example.com, (b) you do not remove or obscure, by framing or otherwise, advertisements, copyright notices, or other notices on this Site, and (c) you discontinue providing hot links to this Site if notified by Bramston & Associates.
3. PRODUCT & SERVICE AVAILABILITY IN FOREIGN COUNTRIES
This Site may contain references or cross references to Bramston & Associates products and services that are not available in every country.
4.1 While Bramston & Associates attempts to include accurate information in the Site, occasional errors or omissions in content may occur. Bramston & Associates will make reasonable efforts to correct these errors or omissions, but can make no representation regarding the accuracy of information provided. EXCEPT AS SPECIFICALLY PROVIDED ABOVE, THE SITE IS PROVIDED TO THE CUSTOMER “AS IS.” BRAMSTON & ASSOCIATES MAKES NO OTHER WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED. BRAMSTON & ASSOCIATES DOES NOT WARRANT THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE OR THE INFORMATION IT CONTAINS. BRAMSTON & ASSOCIATES DOES NOT WARRANT THAT THE SITE IS ERROR-FREE IN CONTENT. BRAMSTON & ASSOCIATES SHALL NOT BE LIABLE TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGE CAUSED IN ANY PART BY CUSTOMER’S USE OF THE SITE, CUSTOMER’S RELIANCE ON THE INFORMATION CONTAINED IN THE SITE OR BRAMSTON & ASSOCIATES’ SUPPORT SERVICES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
4.2 Bramston & Associates disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions from this Site and its content, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through hot links in this Site, including but not limited to any errors in or omissions therefrom, (c) the unavailability of this Site or any portion thereof, (d) your use of this Site, or (e) your use of any equipment or software in connection with this Site.
4.3 Legal and other Advice. NOTHING ON THE SITE NOR ANY PORTION THEREOF CONSTITUTES ACTUAL LEGAL, TAX, ACCOUNTING, REGULATORY OR OTHER PROFESSIONAL ADVICE, OPINION, OR RECOMMENDATION BY BRAMSTON & ASSOCIATES, ITS AFFILIATES, OR ANY CONTENT PROVIDER. IF LEGAL OR OTHER PROFESSIONAL ASSISTANCE IS REQUIRED, THE SERVICES OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS, ADVICE, CONCLUSIONS, LEGAL OR TAX OPINIONS, RECOMMENDATIONS MADE OR GIVEN AS A RESULT OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON CONTENT, OR INCORPORATING OR REFERENCING THE CONTENT. NO ATTORNEY-CLIENT RELATIONSHIP IS FORMED WITH BRAMSTON & ASSOCIATES , ITS AFFILIATES, OR ANY SUPPLIER OF CONTENT THROUGH USE OF THE SERVICES. NONE OF THE SERVICES OR CONTENT SHALL CONSTITUTE OR BE CONSTRUED AS A RECOMMENDATION, SOLICITATION, OFFER, OPINION, BY BRAMSTON & ASSOCIATES (ITS AFFILIATES OR ANY CONTENT PROVIDER) FOR ANY FINANCIAL TRANSACTION, THE PURCHASE OF ANY FINANCIAL INSTRUMENT, INCLUDING BUT NOT LIMITED TO SECURITIES, OR ANY KIND OF INVESTMENT.
5. LIMITATION OF LIABILITY
A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS SITE, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. “Covered Party” means Bramston & Associates, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of Bramston & Associates or its affiliates.
6. GOVERNING LAWS IN CASE OF DISPUTE; JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Delaware, as they apply to agreements made and performed therein.
7. ENTIRE AGREEMENT; SEVERABILITY; SURVIVAL
These Terms and Conditions incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.