Terms of Use


NOTICE. The BillingsgateAssociates.com Website (the "Website") is made up of various Web pages maintained by Billingsgate Associates LLC. The Website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (the "Terms and Conditions"). Your use of the Website constitutes your agreement to all such Terms and Conditions.

 

MODIFICATION OF THESE TERMS OF USE.

Billingsgate Associates LLC reserves the right to change these Terms and Conditions without notice. You are responsible for regularly reviewing these Terms and Conditions. Your continued use of the Website constitutes your agreement to all such Terms and Conditions.

 

PERSONAL AND NONCOMMERCIAL USE LIMITATION.

Unless otherwise specified, the Website is for your personal and noncommercial use. You may not modify, copy, distribute, display, perform, reproduce, publish, license, create derivative works from, transfer, retransmit, or sell any information, software, products or services obtained from the Website. You may not use any computerized or automatic mechanism, including without limitation, any Web scraper, spider or robot, to access, extract and/or download any information from the Website.

 

LINKS TO THIRD PARTY SITES.

The Website may contain links to Websites controlled or offered by third parties (non-affiliates of Billingsgate Associates LLC). Billingsgate Associates LLC disclaims liability for any information, materials, products or services posted or offered at any of the third party sites linked from the Website. By creating a link to a third party Website Billingsgate Associates LLC does not endorse or recommend any products or services offered or information contained at such linked Website, nor is Billingsgate Associates LLC liable for any failure of any products or services offered or advertised at such linked Website. You are responsible for viewing and abiding by the privacy statements and terms of use posted at such linked Website. Any dealings with third parties (including advertisers) included within the Website or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and the advertiser or other third party. Billingsgate Associates LLC shall not be responsible or liable for any part of any such dealings or promotions.

 

NO UNLAWFUL OR PROHIBITED USE.

As a condition for your use of the Website, you agree that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. The Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. You may not use the Website in any manner which could damage, disable, overburden or impair the Website, the networks connected to the Website, or interfere with any other party's use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website, other accounts, computer systems or networks connected to the Website by any means, including without limitation, hacking or password mining. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website, including without limitation, through the use of any Web scraper, spider or robot.

 

USE OF COMMUNICATION SERVICES.

The Website may contain email links, bulletin board services, guestbooks, mailing lists or other communication facilities designed to enable you to communicate with others (collectively the "Communication Service"). You agree to use the Communication Service only to post, send and receive messages and material that are proper and, when applicable, related to the Communication Service. You may not use the Communication Service to defame, abuse, harass, threaten or otherwise violate the legal rights of others. You may not use the Communication Service to publish, distribute or disseminate any inappropriate, profane, discriminatory, obscene, defamatory, indecent or unlawful topic, message, material or information, or to advertise or offer to sell or buy any goods or services. Billingsgate Associates LLC has no obligation to monitor the Communication Service, however Billingsgate Associates LLC reserves the right to review materials posted to the Communication Service and to remove any materials in its sole discretion. Billingsgate Associates LLC reserves the right to terminate your access to the Communication Service at any time, without notice, for any reason whatsoever.

 

MATERIALS PROVIDED TO BILLINGSGATE ASSOCIATES LLC.

Billingsgate Associates LLC does not claim ownership of any materials you provide to BillingsgateAssociates.com (including feedback and images) or post, upload, input, provide or submit to the Website for review by members of the general public, or by members of any public or private group (each a "Submission"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Billingsgate Associates LLC and its agents permission to use your Submission in connection with Billingsgate Associates LLC's operation of the Website and its other businesses, including without limitation, the right to copy, distribute, transmit, publicly display, reproduce, edit, translate and reformat your Submission, and to publish your name in connection with your Submission, all without the payment of compensation to you in respect of any such use of your Submission. You warrant and represent that you own, or otherwise control, all of the rights to your Submission, including without limitation, the rights necessary for you to post, upload, input, provide or submit your Submission.

 

NO RIGHT TO REDISTRIBUTE WEBSITE MATERIALS.

You agree that you will not redistribute, copy, amend, or commercially exploit any materials found on the Website without Billingsgate Associates LLC's express written permission, which permission may be withheld in Billingsgate Associates LLC's sole discretion.

 

LIABILITY DISCLAIMER.

THE WEBSITE AND ANY CONTENT OR SOFTWARE CONTAINED THEREIN OR ACCESSIBLE THEREFROM, ARE PROVIDED "AS IS". EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, BILLINGSGATE ASSOCIATES LLC MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND REGARDING: (A) THE UP-TO-DATENESS, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION CONTAINED WITHIN OR AVAILABLE THROUGH THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO RATES; (B) AVAILABILITY (C) ANY INFORMATION PROVIDED BY THIRD PARTIES AND ACCESSIBLE ON OR THROUGH THE WEBSITE. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, BILLINGSGATE ASSOCIATES LLC: (A) DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AS TO NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (B) DOES NOT WARRANT THAT THE WEBSITE OR ANY CONTENT THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

 

THE USE OF THE WEBSITE AND COMMUNICATION SERVICES IS AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS YOU MAY SUFFER AS A RESULT OF USING, OR ACCESSING THE WEBSITE OR COMMUNICATION SERVICES OR DOWNLOADING ANY CONTENT THEREON. EXCEPT TO THE EXTENT THAT LIABILITY UNDER ANY APPLICABLE LAW OR REGULATION CANNOT BE EXCLUDED: (A) BILLINGSGATE ASSOCIATES LLC IS NOT LIABLE FOR LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING AS A RESULT OF INFORMATION PUBLISHED ON OR FURNISHED THROUGH THE WEBSITE, OR ANY ERRORS OR OMISSIONS OF THE WEBSITE; (B) BILLINGSGATE ASSOCIATES LLC SHALL HAVE NO LIABILITY ARISING FROM ORDERS OR PURCHASES OF THIRD PARTY GOODS OR SERVICES BASED ON INFORMATION PUBLISHED ON OR FURNISHED THROUGH THE WEBSITE; AND (C) UNDER NO CIRCUMSTANCES SHALL BILLINGSGATE ASSOCIATES LLC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, SUPPLIERS OR DISTRIBUTORS BE LIABLE UNDER THIS AGREEMENT TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES OR ANY OTHER SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY), THAT ARE DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO THE USE OF, OR THE INABILITY TO USE THE WEBSITE , OR ANY CONTENT CONTAINED THEREON, AND THE COMMUNICATION SERVICES EVEN IF BILLINGSGATE ASSOCIATES LLC HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.

 

INDEMNITY.

You agree to indemnify and hold Billingsgate Associates LLC, its parent, subsidiaries, affiliates, directors, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party or arising out of your use of, or conduct on, the Website.

 

COPYRIGHT.

The Website is protected by copyright law and international treaty provisions and may not be copied or imitated in whole or in part. No logo, trademark, graphic or image from the Website may be copied or retransmitted without the express written permission of Billingsgate Associates LLC. BillingsgateAssociates.com and all associated logos are trademarks or registered trademarks of Billingsgate Associates LLC and may not be copied or transmitted without the express written permission of Billingsgate Associates LLC.

 

GENERAL.

Your use of the Website shall be governed by all applicable Federal laws of the United States of America and the laws of the Commonwealth of Massachusetts. Certain sections or pages of the Website may contain separate terms or conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages. You agree that your use of the Website will not create any joint venture, partnership, employment or agency relationship between you and Billingsgate Associates LLC. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.