THE B-LINE GROUP
TERMS OF USE AND NOTICES
Last Updated: January 2012
1. THIS IS AN AGREEMENT BETWEEN YOU AND BLACKLINE CAPITAL STRATEGY GROUP LLC.
This is an agreement ("Agreement") between you and Blackline Capital Strategy Group LLC (or, if applicable based on where you live, one of its affiliates) ("BCSG"). This Agreement governs your use of any Web site or Web page operated by BCSG (each, a "BCSG Web Site," and collectively, the "BCSG Web Sites"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
BCSG OFFERS THE BCSG WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE BCSG WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW BCSG MAY MODIFY THIS AGREEMENT
BCSG reserves the right to change the terms, conditions, and notices under which it offers the BCSG Web Sites, including any charges associated with the use of the BCSG Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any BCSG Web Site. Your continued use of the BCSG Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
Any BCSG Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that BCSG Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a BCSG Web Site, then the terms in this Agreement shall control.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE BCSG WEB SITES
The BCSG Web Sites are only for your personal use. You will not use the BCSG Web Sites for commercial purposes. You will not use the BCSG Web Sites in any way that is unlawful, or harms BCSG, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "BCSG Party" and collectively, the "BCSG Parties") or any customer of a BCSG Party, as determined in BCSG's sole discretion. BCSG may tell you about certain specific harmful uses in a code of conduct or other notices available through a BCSG Web Site, but has no obligation to do so. You may not use the BCSG Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the BCSG Web Sites. Without limiting the generality of this section, you may not use the BCSG Web Sites in any manner that could damage, disable, overburden, or impair any BCSG Web Site (or the network(s) connected to any BCSG Web Site) or interfere with any other party's use and enjoyment of the BCSG Web Sites.
5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 4, you will not use the BCSG Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the BCSG Web Sites in any way that violates the BCSG Anti-Spam Policy. You may view the Anti-Spam Policy at the end of this document. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. BCSG may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the BCSG Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the BCSG Web Sites even if such e-mail does not violate the Anti-Spam Policy.
6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to BCSG related to the BCSG Web Sites (a "Submission"), you grant BCSG permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the BCSG Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. BCSG will not pay you for your Submission. BCSG may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, BCSG may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the BCSG Parties or any customer of a BCSG Party.
7. SOFTWARE
This section does not currently pertain to BCSG or the BCSG Web Sites.
8. INFORMATION AVAILABLE FROM THE BCSG WEB SITES
BCSG and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the BCSG Web Sites including stock quotes, even if such information appears in any e-mail, pager, cell phone or other alerts available through the BCSG Web Sites. BCSG and its suppliers do not authorize the use of information available from the BCSG Web Sites including stock quote or other financial information, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. BCSG is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the BCSG Web Sites constitute an offer or solicitation to buy or sell any security. BCSG does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in the BCSG Web Sites is intended to constitute professional advice, including but not limited to, investment or tax advice.
9. BCSG MAKES NO WARRANTY
BCSG PROVIDES THE BCSG WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BCSG PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE BCSG PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE BCSG WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY BCSG PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE BCSG WEB SITES, EVEN IF SUCH BCSG PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE BCSG WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY BCSG PARTY WITH RESPECT TO THIS AGREEMENT OR THE BCSG WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BCSG WEB SITES.
11. CHANGES TO THE BCSG WEB SITES; ADDITIONAL LIABILITY LIMITATION
THE BCSG PARTIES MAY CHANGE THE BCSG WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the BCSG Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by BCSG and persons other than BCSG (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE BCSG PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT BCSG IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE BCSG WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE BCSG WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE BCSG WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE BCSG WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
12. TERMINATION; ACCESS RESTRICTION
BCSG may terminate this Agreement, or terminate or suspend your access to the BCSG Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the BCSG Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE BCSG WEB SITES MAY NOT BE RETRIEVED LATER.
13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with BCSG Capital Strategy Group LLC, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Delaware, without reference to conflict of laws principles. If this Agreement is with a BCSG affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such BCSG affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject BCSG Web Sites are directed. If this Agreement is with BCSG Capital Strategy Group LLC, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Delaware, USA in all disputes arising out of or relating to the use of the BCSG Web Sites. If this Agreement is with a BCSG affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such BCSG affiliate in all disputes arising out of or relating to the use of the BCSG Web Sites.
14. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. BCSG may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the BCSG Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and BCSG with respect to the BCSG Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and BCSG with respect to the BCSG Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND BCSG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BCSG WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the BCSG Web Sites are Copyright © 2012 Blackline Capital Strategy Group LLC, 1339 North Dearborn Parkway Chicago, IL U.S.A. All rights reserved. All rights reserved. Blackline Capital Strategy Group LLC, BCSG, BSCG-online, and/or other BCSG products and services referenced herein may also be either trademarks or registered trademarks of BCSG in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.
17. OTHER NOTICES
18. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
BCSG ANTI-SPAM POLICY
Last Updated: January 2012
BCSG prohibits the use of the BCSG Services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail ("Spam"). You may not use any BCSG services to send Spam. You also may not deliver Spam or cause Spam to be delivered to any of BCSG's BCSG Services or BCSG customers.
In addition, e-mail sent, or caused to be sent, to or through the BCSG Services may not: use or contain invalid or forged headers; use or contain invalid or non-existent domain names; employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path; use other means of deceptive addressing; use a third party's internet domain name, or be relayed from or through a third party's equipment, without permission of the third party; contain false or misleading information in the subject line or otherwise contain false or misleading content; fail to comply with additional technical standards described below; otherwise violate BCSG's Terms of Use.
BCSG does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through the BCSG Services. BCSG does not permit or authorize others to use the BCSG Services to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber e-mail addresses, which are BCSG's confidential and proprietary information. Use of the BCSG Services is also subject to the BCSG Website Terms of Use and Notices.
BCSG does not permit or authorize any attempt to use the BCSG Services in a manner that could damage, disable, overburden or impair any aspect of any of the BCSG Services, or that could interfere with any other party's use and enjoyment of any BCSG Service.
If BCSG believes that unauthorized or improper use is being made of any BCSG Service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. BCSG may immediately terminate any account on any BCSG Service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.
Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, the BCSG Services. Failure to enforce this policy in every instance does not amount to a waiver of BCSG's rights.
1. THIS IS AN AGREEMENT BETWEEN YOU AND BLACKLINE CAPITAL STRATEGY GROUP LLC.
This is an agreement ("Agreement") between you and Blackline Capital Strategy Group LLC (or, if applicable based on where you live, one of its affiliates) ("BCSG"). This Agreement governs your use of any Web site or Web page operated by BCSG (each, a "BCSG Web Site," and collectively, the "BCSG Web Sites"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
BCSG OFFERS THE BCSG WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE BCSG WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW BCSG MAY MODIFY THIS AGREEMENT
BCSG reserves the right to change the terms, conditions, and notices under which it offers the BCSG Web Sites, including any charges associated with the use of the BCSG Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any BCSG Web Site. Your continued use of the BCSG Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
Any BCSG Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that BCSG Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a BCSG Web Site, then the terms in this Agreement shall control.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE BCSG WEB SITES
The BCSG Web Sites are only for your personal use. You will not use the BCSG Web Sites for commercial purposes. You will not use the BCSG Web Sites in any way that is unlawful, or harms BCSG, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "BCSG Party" and collectively, the "BCSG Parties") or any customer of a BCSG Party, as determined in BCSG's sole discretion. BCSG may tell you about certain specific harmful uses in a code of conduct or other notices available through a BCSG Web Site, but has no obligation to do so. You may not use the BCSG Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the BCSG Web Sites. Without limiting the generality of this section, you may not use the BCSG Web Sites in any manner that could damage, disable, overburden, or impair any BCSG Web Site (or the network(s) connected to any BCSG Web Site) or interfere with any other party's use and enjoyment of the BCSG Web Sites.
5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 4, you will not use the BCSG Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the BCSG Web Sites in any way that violates the BCSG Anti-Spam Policy. You may view the Anti-Spam Policy at the end of this document. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. BCSG may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the BCSG Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the BCSG Web Sites even if such e-mail does not violate the Anti-Spam Policy.
6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to BCSG related to the BCSG Web Sites (a "Submission"), you grant BCSG permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the BCSG Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. BCSG will not pay you for your Submission. BCSG may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, BCSG may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the BCSG Parties or any customer of a BCSG Party.
7. SOFTWARE
This section does not currently pertain to BCSG or the BCSG Web Sites.
8. INFORMATION AVAILABLE FROM THE BCSG WEB SITES
BCSG and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the BCSG Web Sites including stock quotes, even if such information appears in any e-mail, pager, cell phone or other alerts available through the BCSG Web Sites. BCSG and its suppliers do not authorize the use of information available from the BCSG Web Sites including stock quote or other financial information, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. BCSG is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the BCSG Web Sites constitute an offer or solicitation to buy or sell any security. BCSG does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in the BCSG Web Sites is intended to constitute professional advice, including but not limited to, investment or tax advice.
9. BCSG MAKES NO WARRANTY
BCSG PROVIDES THE BCSG WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BCSG PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE BCSG PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE BCSG WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY BCSG PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE BCSG WEB SITES, EVEN IF SUCH BCSG PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE BCSG WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY BCSG PARTY WITH RESPECT TO THIS AGREEMENT OR THE BCSG WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BCSG WEB SITES.
11. CHANGES TO THE BCSG WEB SITES; ADDITIONAL LIABILITY LIMITATION
THE BCSG PARTIES MAY CHANGE THE BCSG WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the BCSG Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by BCSG and persons other than BCSG (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE BCSG PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT BCSG IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE BCSG WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE BCSG WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE BCSG WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE BCSG WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
12. TERMINATION; ACCESS RESTRICTION
BCSG may terminate this Agreement, or terminate or suspend your access to the BCSG Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the BCSG Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE BCSG WEB SITES MAY NOT BE RETRIEVED LATER.
13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with BCSG Capital Strategy Group LLC, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Delaware, without reference to conflict of laws principles. If this Agreement is with a BCSG affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such BCSG affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject BCSG Web Sites are directed. If this Agreement is with BCSG Capital Strategy Group LLC, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Delaware, USA in all disputes arising out of or relating to the use of the BCSG Web Sites. If this Agreement is with a BCSG affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such BCSG affiliate in all disputes arising out of or relating to the use of the BCSG Web Sites.
14. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. BCSG may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the BCSG Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and BCSG with respect to the BCSG Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and BCSG with respect to the BCSG Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND BCSG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BCSG WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the BCSG Web Sites are Copyright © 2012 Blackline Capital Strategy Group LLC, 1339 North Dearborn Parkway Chicago, IL U.S.A. All rights reserved. All rights reserved. Blackline Capital Strategy Group LLC, BCSG, BSCG-online, and/or other BCSG products and services referenced herein may also be either trademarks or registered trademarks of BCSG in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.
17. OTHER NOTICES
18. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
BCSG ANTI-SPAM POLICY
Last Updated: January 2012
BCSG prohibits the use of the BCSG Services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail ("Spam"). You may not use any BCSG services to send Spam. You also may not deliver Spam or cause Spam to be delivered to any of BCSG's BCSG Services or BCSG customers.
In addition, e-mail sent, or caused to be sent, to or through the BCSG Services may not: use or contain invalid or forged headers; use or contain invalid or non-existent domain names; employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path; use other means of deceptive addressing; use a third party's internet domain name, or be relayed from or through a third party's equipment, without permission of the third party; contain false or misleading information in the subject line or otherwise contain false or misleading content; fail to comply with additional technical standards described below; otherwise violate BCSG's Terms of Use.
BCSG does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through the BCSG Services. BCSG does not permit or authorize others to use the BCSG Services to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber e-mail addresses, which are BCSG's confidential and proprietary information. Use of the BCSG Services is also subject to the BCSG Website Terms of Use and Notices.
BCSG does not permit or authorize any attempt to use the BCSG Services in a manner that could damage, disable, overburden or impair any aspect of any of the BCSG Services, or that could interfere with any other party's use and enjoyment of any BCSG Service.
If BCSG believes that unauthorized or improper use is being made of any BCSG Service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. BCSG may immediately terminate any account on any BCSG Service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.
Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, the BCSG Services. Failure to enforce this policy in every instance does not amount to a waiver of BCSG's rights.