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Braddock Financial Corporation Terms of Use
The following Terms of Use ("Terms") apply to your use of the Braddock Financial Corporation ("Braddock") website (the "Site"). Please read these Terms carefully before you use this Site. Each time you access, browse or otherwise use this Site indicates that you have read and understood these Terms and you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you may not use this Site.
Use Restrictions
Copyright. This Site and all materials available on or through this Site, including, without limitation, any software, text, photos, pictures, graphics, images, logos, icons, articles, write-ups, other files and the selection and arrangement thereof (the "Materials"), are copyrighted materials of Braddock or its licensors. This Site and Materials are protected by U.S. and foreign copyright common law rights and statutes. Braddock invites you to view, use and download a single copy of the Materials solely for your personal, informational, and non-commercial use, provided you do not modify the Materials and you retain all copyright and other proprietary notices contained in or on the Materials. Except as otherwise provided by these Terms, no part of this Site or Materials may be copied, downloaded or stored in a retrieval system for any other purpose, nor may they be redistributed for any purpose, without the express written permission of Braddock. Any unauthorized use of any Materials contained on this Site may violate copyright, trademark, privacy, publicity and securities laws and applicable regulations.
Trademarks; Trade Dress. The trademarks, service marks, trade names, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered trademarks of Braddock or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Braddock or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Braddock or the Trademark owner. Nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on this Site, without the express written permission of Braddock or the Trademark owner. Misuse of the Trademarks displayed on this Site is strictly prohibited.
No Advice, Offers or Solicitations
The information contained on this Site is not and should not be construed as legal, tax, accounting or investment advice, including any advice concerning the suitability or profitability of any security or investment. Further, the information contained on this Site, unless expressly stated otherwise, is not and should not be construed as an offer or solicitation of any kind to buy or sell any securities or other financial instruments. YOU SHOULD CONSULT WITH, AND SEEK PROFESSIONAL ADVICE FROM, YOUR OWN ATTORNEYS, ACCOUNTANTS AND FINANCIAL ADVISORS WITH RESPECT TO YOUR INDIVIDUAL CIRCUMSTANCES AND NEEDS.
No Recommendations of Individual Securities
The information contained on this Site is not and should not be construed as advice or recommendations regarding individual securities, including advice or recommendations concerning the suitability of, and investment strategies for, individual securities. Research, analysis, news and other information made available electronically does not constitute individualized recommendations to buy, sell or otherwise invest in a particular security.
Past Performance
Past performance is no indication of future performance, and nothing on this Site should be interpreted to state or imply otherwise.
Information, News and Press Releases
This Site contains information, news and/or press releases about Braddock. While this information was believed to be accurate as of the date it was prepared, Braddock disclaims any duty or obligation to update this information, news or any press releases. Information about companies other than Braddock contained in the news, press releases or otherwise, should not be relied upon as being provided or endorsed by Braddock.
No Warranties
ALL CONTENT ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BRADDOCK MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY MATERIALS AVAILABLE THROUGH THIS SITE OR THAT ANY DEFECTS IN THIS SITE OR MATERIALS WILL BE CORRECTED. ALL OR ANY PORTION OF THIS SITE MAY NOT BE AVAILABLE OR MAY NOT FUNCTION PROPERLY AT ANY TIME. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THIS SITE AND THE MATERIALS AVAILABLE ON THIS SITE IS AT YOUR SOLE RISK.
BRADDOCK MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY MATERIALS YOU MAY OBTAIN FROM THIS SITE ARE FREE OF VIRUSES.
Limitation of Liability
YOUR USE OF THIS SITE OR ANY MATERIALS ON THIS SITE IS AT YOUR OWN RISK. BRADDOCK SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THIS SITE, EVEN IF BRADDOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY MATERIALS OBTAINED THROUGH THE USE OF THIS SITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THIS SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THIS SITE, OR RELATED INFORMATION OR PROGRAMS.
Indemnification
You agree to indemnify, defend and hold harmless Braddock and its affiliates, agents and employees from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys' fees) that arise from or relate to your use of this Site, your breach of these Terms, or your violation of any applicable law, statute, ordinance, regulation or of any third party's rights.
Passwords and Security
You may not access any password-protected portion of this Site unless you receive a password from and are authorized to do so by Braddock. You are solely responsible for any use of or action taken under your password on this Site. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than your qualified legal, tax or financial advisor). You accept full responsibility for all activity conducted through your account and agree to and hereby release Braddock from any and all liability concerning such activity. You agree to notify Braddock immediately of any actual or suspected loss, theft or unauthorized use of your password. Braddock has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with these Terms.
Monitoring, Investigation and Disclosure of Information
Braddock has the right, but not the obligation, to monitor any activity and content associated with this Site. Braddock may investigate any complaint or reported violation of its policies and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspending or terminating your use of all or any portion of this Site and denying you access to all or any portion of this Site. Braddock also reserves the right to report any activity that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other persons or entities. In order to cooperate with governmental requests, to protect Braddock's systems and users, to ensure the integrity and operation of this Site, business or systems, or otherwise to comply with the law and legal process, Braddock may access and disclose any information it considers necessary or appropriate.
Termination
Braddock may terminate your access to use any portion of this Site at any time for any reason without prior notice. Braddock reserves the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access from a particular Internet site.
Privacy
You agree that you have read the Braddock Privacy Policy [insert link]. By using this Site you agree to be legally bound by the Privacy Policy, which governs the information that Braddock may gather from you through your use of this Site.
Third Party Links
Links to third party websites on this Site are provided solely for your convenience. If you use these links, you will leave this Site. Braddock does not control and is not responsible for these sites, their content or their policies, and your use of such third party sites is subject to their respective terms of use and privacy policies. Braddock does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do so solely at your own risk.
User Submissions
Certain areas of this Site enable you to submit material to Braddock. You agree that you will only submit material that complies with applicable law and is not defamatory, obscene, or otherwise inappropriate, or that contains any viruses or software that may adversely affect another's computer. You understand and agree that the contents of your submissions will be deemed non-confidential. You grant to Braddock the irrevocable right to use, copy, modify, publish, perform, transmit and display such material via any media in accordance with Braddock's Privacy Policy [insert link] and waive any rights you may have in the material. Subject to the Privacy Policy, Braddock shall be free to use the material, including any ideas, concepts, know-how, or techniques contained, for any reason whatsoever.
Revision of Terms
Braddock may, at any time and in its sole discretion, revise these Terms or impose new conditions for use of this Site by posting modified Terms of Use. Your continued use of this Site indicates your acceptance of the revised or modified Terms as they exist at the time that you use this Site. The date at the end of these Terms indicates the latest date that the Terms were revised or modified.
General Provisions
These Terms constitute the entire agreement between you and Braddock and supersedes all other understandings or agreements pertaining to the subject matter hereof. Certain sections of this Site may include additional terms and conditions that govern use of those sections. You will be bound by those additional terms and conditions, and they will be considered part of these Terms. No failure of either party to enforce any of its rights under this User Agreement will act as a waiver of such rights. Unless otherwise specified, this Site is solely directed to individuals residing in the United States. Braddock makes no representation that Materials available on or through this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any court of competent jurisdiction deems any of these Terms to be unenforceable, that Term will be enforced to the extent allowed by law and the remaining Terms will remain in full force and effect. These Terms shall be governed by and construed in accordance with the laws of the State of Colorado notwithstanding any conflict of laws provisions. You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts in the County of Denver, Colorado (the "Colorado Courts") for any litigation or dispute arising out of or relating to these Terms and agree the Colorado Courts represent the exclusive jurisdiction for any and all such disputes.
Contact Information
If you have any questions or comments regarding these Terms, please send us an e-mail at dkaplan@braddockfinancial.com.
These Braddock Financial Corp. Terms of Use were Last Modified on July 7, 2006.
© Braddock Financial Corp. 2006. All rights reserved.
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