Terms, Conditions, And Notices
Agreement Between User And The Berkland Group
This web site is owned and operated by The Berkland Group (hereafter "BG"), offered to the User conditioned on acceptance by the User without modification of the terms, conditions, and notices contained herein. Use of the content, services, and/or products presented in any and all areas of this site constitutes the User's agreement to abide by the following terms and conditions and those posted in specific areas of the site.
Copyright And Trademark Notices
All contents of this web site are: Copyright © 2007 The Berkland Group, 13208 Creek Park Ln, Poway, CA 92064, U.S.A., or third-party content providers and are protected by international copyright law. All rights reserved. BG, and other names of BG products referenced herein are trademarks or registered trademarks of BG. Other trademarks/logos are the property of their respective owners.
This web site is for the User's personal, noncommercial use. If you download any material, you must keep all copyright and other notices intact. The right to use it is not transferable to any other person or entity. The User is responsible for all use of the User's account (under any screen name or password) and for ensuring that all use of this web site through the User account complies fully with the provisions of this Agreement. The User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, or other content, software, products or services obtained from this Web site. In addition, the information may not be taken out of context or presented in an unfair, misleading or discriminatory manner.
ALL MATERIALS AND SERVICES IN THIS SITE AND THIRD-PARTY SITES TO WHICH IT LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE CONTENT PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. BG AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEB SITE AT ANY TIME INCLUDING CHANGES TO THESE TERMS AND CONDITIONS. BG AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THIS SITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THIS SITE AND/OR THE CONTENT CONTAINED HEREIN. BG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING FORUMS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
Use of this site is at your own risk. This site may contain advice, opinions, and statements of various information providers and content providers. BG does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider or content provider, or any user of this site or other person or entity. Reliance upon any such opinion, advice, statement, or other information shall also be at your own risk. Neither BG nor its affiliates, nor any of their respective agents, employees, information providers or content providers shall be liable to any User or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, deletion, defect, failure of performance, computer virus, communication line failure, alteration of, or use of any content herein, regardless of cause, or for any damages resulting therefrom.
Prior to the execution of a purchase or sale or any security or investment, you are advised to consult with your broker or other financial advisor or other professionals as appropriate to verify pricing and other information. Neither BG, its information providers or content providers shall have any liability for investment decisions based upon, or the results obtained from, the information provided. Neither BG, its information providers or content providers guarantee or warrant the timeliness, sequence, accuracy, or completeness of any such information. Nothing contained in this web site is intended to be, nor shall it be construed as, investment advice.
Use of Forums
BG does not control or regularly review the messages, information or files delivered to the Forums. It is a condition of your use of the Forums and this web site that you do not upload to, post, distribute or transmit to or through this site any messages, information or materials which violate or infringe in any way the rights of others, or which are libelous, defamatory, obscene, pornographic, threatening, abusive, unlawful or would otherwise violate any law, or encourage such conduct, or which, without BG's express prior consent, contains advertising or any commercial solicitation; post or transmit any material that contains a virus or other harmful component; restrict or inhibit anyone from using and enjoying the bulletin boards.
BG has no responsibility for the content of any messages, information or materials uploaded, posted, distributed, or transmitted by Users of this site. However, BG retains the right, but not the obligation in its sole discretion, to monitor, review, edit, delete or refuse to post any third-party content that BG deems to be objectionable or in violation of these Terms and Conditions. BG reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request.
By submitting messages, information and material to any public area of this site, you are granting BG a perpetual royalty-free license to reproduce, edit, modify, publish, transmit and display, transmit, create derivative works from, distribute or perform it in whole or in part or incorporate it in any form, medium or technology now known or later developed.
User agrees to indemnify and hold harmless BG and all officers, directors, shareholders, employees, authorized representatives and agents from and against all claims and expenses, including attorneys' fees, arising out of any messages, information or materials uploaded, posted, distributed, or transmitted to or though this site by you.
User agrees to (as available) send and receive electronic mail, engage in conferences and chats, download and upload files, and otherwise use this Web site only as permitted by these terms and conditions, any additional policies or procedures published in this Web site from time to time by BG, and applicable law.
Links To Third-Parties' Web Sites
This Web site may contain links and pointers to Internet sites maintained by third parties. BG does not operate or control in any respect any information, products or services on such third-party sites. Third-party links are included solely for the convenience of Users, and do not constitute any endorsement by BG and/or its suppliers. User assumes sole responsibility for use of third-party links and pointers and disclaimers set forth herein are equally applicable to such third-party sites.
BG respects the privacy of its readers and shall not disclose, distribute or rent its premium content e-mail subscriber list to any third party, nor shall it permit anyone else to do so.
BG shall have the right, at its discretion, to change, modify, add or remove terms of this agreement at any time without notice. Changes shall be effective immediately. You agree to review this agreement periodically since subsequent use by you of this site shall constitute your acceptance of any changes. BG shall have the right at any time to change or discontinue any aspect of the web site, including, but not limited to, the community areas, content, hours of availability and equipment needed for access to use. Such changes, modifications, additions or deletions shall be effective immediately upon posting and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications or deletions.
This agreement is effective until terminated by BG, at any time without notice. In the event of termination, you are no longer authorized to access the Forum and the restrictions imposed on you with respect to material downloaded from the Forum, the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
Indemnity/Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall BG be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, BG's materials. You specifically acknowledge and agree that BG is not liable for any conduct of any User.
As a condition of use of this Web site, the User agrees to indemnify BG and its suppliers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from User's use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions. If you are dissatisfied with any BG material, or with any of BG's terms and conditions, your sole and exclusive remedy is to discontinue using the BG Web site.
BG reserves the right to make any and all changes to this Web site at its sole discretion without notice to the User. BG reserves the right to deny access to this Web site to anyone at any time.
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
This Agreement has been made in and shall be construed and enforced in accordance with California law. Any action to enforce this agreement shall be brought in the federal or state courts located in the state of California. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions.