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Acceptance
of Terms and
Conditions
The web site www.bulgercapital.com (the “Web site”) is made
available by Bulger Capital, LLC (“Bulger Capital”).
These are the Terms and Conditions of Use (“Terms of Use”)
under which you may use this Web site. Please review these
Terms
of Use carefully. By using this Web site you agree on your own behalf
and behalf of your organization to be bound by these Terms of
Use. Where the word “you” or “your”
appears in the remainder of these Terms of Use it shall be deemed to
include both you and your organization. The words “we,”
“us,” “our,” refer to Bulger Capital and its
subsidiaries collectively. If you do not accept the Terms of Use stated
here, do not use this Web site.
Notwithstanding any language to the
contrary,
nothing contained in or through the Web site constitutes, nor is
intended to constitute, an offer, inducement, promise, or contract of
any kind. The Web site is not intended to provide, nor should anyone
consider that it provides legal, accounting, tax or other advice. Such
advice should only be rendered in reference to the particular facts and
circumstances appropriate to each situation. Furthermore, no content or
materials on this Web site should be relied upon as investment advice.
We may revise these Terms of Use at any time
without prior notice by updating this page and such revisions will be
effective upon posting to this page. Please check this page
periodically for any changes. Your continued use of this Web site
following the posting of any revisions to these Terms of Use will mean
you accept those changes. We reserve the right to alter,
suspend
or discontinue any aspect of www.bulgercapital.com, including your
access to it. Unless explicitly stated, any new features will be
subject to these Terms of Use.
Privacy
See our complete privacy
policy.
Copyright,
Trademark and Other
Intellectual Property
Except as otherwise indicated, this Web site and its entire contents
(including, but not limited to, the text, photographs, information,
software, graphics, images, sound, and animation) are owned by us and
are protected by domestic and international copyright, trademark,
patent, or other intellectual property laws. All
copyrightable
text and graphics, the selection, arrangement, and presentation of all
materials (including information in the public domain), and the overall
design of this Web site are ©2009 Bulger Capital, LLC. All
rights reserved. We hereby give you permission to download and print
materials from this Web site for the sole purposes of viewing, reading,
and retaining for reference the materials. Certain sections and
materials located on our Web site may be password protected and subject
to additional confidentiality provisions. If you obtain access to such
information and materials through this Web site, you agree to be bound
by such confidentiality obligations. Any other copying, distribution,
retransmission, or modification of information or materials on this Web
site, whether in electronic or other form, without our express prior
written permission is strictly prohibited. You further agree that you
will not disassemble, decompile, reverse engineer or otherwise modify
the material on this Web site.
All trademarks, service marks, and trade
names are
proprietary to us or other respective owners that have granted us the
right and license to use their marks.
Indemnification
and Release
By accessing our Web site, you agree to indemnify us and any parent,
subsidiary or affiliated entities, our officers and employees, and
officers and employees of any parent, subsidiary or affiliated entities
and hold them harmless from any and all claims and expenses, including
attorney’s fees, arising from your use of our Web site including
any services or materials available through our Web site. In addition,
you hereby release us and any parent, subsidiary or affiliated
entities, our officers and employees, and officers and employees of any
parent, subsidiary or affiliated entities from any and all claims,
demands, debts, obligations, damages (actual or consequential), costs,
and expenses of any kind or nature whatsoever, whether known or
unknown, suspected or unsuspected, disclosed or undisclosed, that you
may have against them arising out of or in any way related to such
disputes and/or to any services or materials available at our Web site.
You hereby agree to waive all laws that may limit the efficacy of such
releases.
Disclaimer
The content provided on this Web site is presented as a courtesy on an
“as is” basis to be used only for informational purposes
and is not represented to be error free. Bulger Capital makes no
representations or warranties of any kind with respect to this Web site
or its content, such representations and warranties being expressly
disclaimed. Bulger Capital does not warrant that the functions
contained in the Web site and materials will be uninterrupted or
error-free, that defects will be corrected, or that this Web site or
the server that makes it available are free of viruses or other harmful
components. Moreover, Bulger Capital does not represent or warrant that
the content of the Web site is accurate, complete or current for any
specific or particular purpose or application.
Limitation
of Liability
To the fullest extent permissible pursuant to applicable law, in no
event shall Bulger Capital, its officers, directors, associates,
affiliates or any third parties mentioned at this Web site be liable
for any damages whatsoever (including, without limitation, incidental
and consequential damages, lost profits, or damages resulting from lost
data or business interruption) resulting from the use, inability to use
or reliance on the Web site, whether based on warranty, contract, tort,
or any other legal theory, and whether or not Bulger Capital is advised
of the possibility of such damages.
Links to
Other Web Sites and
Services
To the extent that our Web site
contains
links to other Web sites and outside services and resources, we do not
control the availability and content of those Web sites, services or
resources, nor do we necessarily review or endorse materials available
at or through such other Web sites. Viewing other Web sites or
utilizing outside services and resources is done at your own risk. We
shall not be liable for any loss or damage caused or alleged to be
caused by or in connection with use of or reliance on any such content,
goods or services available on or through any such site or resource.
Posted
Materials
You are prohibited from posting or otherwise uploading to our Web
site: any material that infringes on any copyright, trademark
or
other proprietary rights of another (including publicity and privacy
rights); material that is obscene, offensive, libelous, pornographic,
threatening, abusive, contains illegal content, or is otherwise
objectionable, that would constitute or encourage a criminal offense,
or that would otherwise give rise to liability or violates any
law.
You are further forbidden from: distributing
or
otherwise publishing any material on our Web site that contains any
promotion, employment, advertising, or solicitation for goods or
services; sending unsolicited commercial e-mail and other advertising,
promotional materials or other forms of solicitation to other users of
this site; harvesting names and e-mail addresses from other users of
this site without their permission; soliciting passwords from other
users; impersonating other users; or sending viruses or other
destructive or expropriating content.
We reserve the right to remove any postings
or
other uploaded materials in response to complaints of infringement,
obscenity or defamation or to otherwise review or edit such materials
as appropriate, in our sole discretion and without notice.
Other
Restrictions on Conduct
You agree not to disrupt, modify or interfere with the functioning of
our Web site or any services provided on or through our Web site or
with any associated software, hardware or servers in any way and you
agree not to impede or interfere with others’ use of our Web
site. You also agree not to alter or tamper with any
information
or materials on, or associated with our Web site or services provided
on or through our Web site.
Choice of
Law and Forum
These Terms of Use are governed by the laws of the Commonwealth of
Massachusetts. You hereby agree to submit to the exclusive
jurisdiction of the courts of the Commonwealth of
Massachusetts.
To the extent that applicable laws have mandatory application to this
agreement or give you the right to bring action in any other courts,
the above limitations may not apply to you. Use of this Web
site
is unauthorized in any jurisdiction that does not give full effect to
all provisions of these Terms of Use.
Severability
and Enforceability
If any provision or portion of these Terms of Use is held illegal,
invalid, or unenforceable, in whole or in part, it shall be modified to
the minimum extent necessary to correct any deficiencies or replaced
with a provision which is as close as is legally permissible to the
provision found invalid or unenforceable and shall not affect the
legality, validity or enforceability of any other provisions or
portions of these Terms of Use. Termination/Exclusion
We reserve the right, in our sole discretion, to revoke any and all
privileges associated with accessing our Web site, and to take any
other action we deem appropriate including but not limited to
terminating or suspending your use of www.bulgercapital.com, for no
reason or any reason whatsoever, including improper use of this Web
site or failure to comply with these Terms of Use.
General
We may assign, novate or subcontract any or all of our rights and
obligations under these Terms of Use at any time.
If you have any questions regarding these
Terms of
Use, contact us at admin@bulgercapital.com.
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