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BAPassociates (“BAPassociates”, “we,” or “us”) operates the website located at www.BAPassociates.com and www.BAPassociates.co.uk (the “Site”). We offer the Site to you, the user, conditioned on your acceptance of the terms, conditions, and notices contained or incorporated by reference herein and such additional terms and conditions, agreements, and notices that may apply to any page or section of the Site.
PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY.
IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, AND ANY FUTURE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY EACH AND EVERY ONE OF THESE TERMS AND CONDITIONS
No Offer of Advice or Securities
The information contained on this website is for informational purposes only and does not constitute any form of promotion, offer, recommendation or solicitation to purchase or sell any investment strategy, instruments or securities, effect any transaction or enter into any other legal act. The investment management services described herein may not be suitable for you or may be unavailable, depending on your nationality and residency.
For Information Purposes Only; No Advice; No Client Relationship
BAPassociates does not provide investment advice, or any legal, tax, financial or other advice through this website. You may not rely on the information on this website, including any documents downloaded from this website, as investment recommendations or advice. You should not base any investment decision on the information or opinions expressed on this website. The materials available on this website are not tailored to particular investment objectives, financial situation or particular needs of any specific person. You should consult with your independent legal, tax or financial advisor in the appropriate geographic field before making any investment or other decision. Nothing on this Website shall create a client relationship between you and BAPassociates. You may become a client of BAPassociates only upon entering into a signed, written agreement between you and BAPassociates.
BAPassociates does not sell or rent your personal information to third parties for their marketing purposes without your consent. Periodically, BAPassociates or its affiliates may contact you via email concerning the promotion of their products or services on the Site. Notwithstanding the foregoing, you acknowledge and understand that some features of the Site are designed to permit users to post photographs and information for public viewing and thus you hereby waive any expectation of privacy you may have concerning any likeness or information provided to the Site by you.
BAPassociates may change these terms from time to time and so you should check these terms regularly. Your continued use of our website will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using our website immediately.
Your Responsibility to Protect Data and Password
It is your responsibility to protect your personal data and maintain the confidentiality of your user information and password. You are also responsible for immediately notifying BAPassociates, of any unauthorized use of your account, or breach of your account information or password. BAPassociates will not be liable for any loss that you may incur as a result of someone else using your username or password, either with or without your knowledge. To the extent allowable by law, you shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney’s fees for your failure to safeguard user and password information and/or promptly notify BAPassociates about unauthorized use of your account or breach of your account information or password.
You may register for an account on the Services (an “Account”). To use certain portions of the Services, you are not required to sign up for an Account. However, certain features of the Service, such as posting to community pages on the Site, require you to register for an Account. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You may never use another person’s user account or registration information for the Services without permission. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
Intellectual Property Rights
All copyrights, trademarks, patents and other intellectual property rights in and on our website and all content and software located on the site shall remain the sole property of BAPassociates or its licensors. The use of our trademarks, content and intellectual property is forbidden without the express written consent from BAPassociates.
You acknowledge that the Site contains information, software, drawings, designs, photographs, and other content and materials that are protected by copyright, trademark or other intellectual property rights of BAPassociates or third parties. Unless otherwise noted with respect to a particular item or items offered through the Site, you may use the Site only for your personal, non-commercial purposes, and you may not modify, publish, retransmit, create derivative works from or otherwise exploit the Site or any of the contents thereof. While we may allow Members to link to personal profiles on third party sites as well as personal websites on their profile pages, BAPassociates is not responsible for any link to any third party website. You may not download any content on the Site that is offered for sale except under the Terms of Sale. You understand and acknowledge that the Site contains content created by or on behalf of BAPassociates as well as content provided by third parties and:
BAPassociates does not control, and makes no representations or warranties about, any third party content, including such content that may be accessible directly on the Site or through links from the Site to third party sites; and
By viewing the Site or communications transmitted through the Site, you may be exposed to third party content that is false, offensive or otherwise objectionable to you or others, and you agree that under no circumstances shall BAPassociates be liable in any way, under any theory, for any third party content.
You agree that, when using or accessing the Site or any of the features thereof, you will not:
- Access or use the Site other than for your personal use;
- Violate any applicable law or regulation;
- Interfere with or damage the Site;</li.
- Transmit or introduce to the Site or to other users thereof any viruses, cancel bots, Trojan horses, flood pings, denial of service attacks, or any other harmful code or processes;
- Systematically retrieve data or other content from the Site by any means, and you will not compile a database or directory of information extracted from the Site;
- Infringe the rights of any third party, including but not limited to any intellectual property rights, privacy rights, publicity rights or contractual rights;
- Transmit or post harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful or otherwise objectionable content or material;
- Transmit or post any unsolicited advertising, promotional materials, or spam;
- Stalk or harass any user or visitor to the Site; or
- Use the content or information available on the Site for any improper purpose.
BAPassociates reserves the right to investigate and terminate your account if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal.
Certain features of the Site may permit you to upload photographs, video or contents (collectively, “Contents”) or information, including, but not limited to, your personal information, text, sewing patterns (“collectively, “Information”) to the Site, or otherwise make Images or Information available for viewing through the Site. You may only upload Contents or Information you own, or that you have the right to upload. The following terms are applicable to your submission of Images or Information for posting on or viewing through the Site:
i. You must be at least 13 years old to submit a content. BAPassociates will not knowingly permit anyone under the age of 13 to submit contents. If you are under 13 you may not submit any contents to the Site;
ii. You may not submit to the Site Images depicting anyone other than yourself unless you have received the express consent to such submission from the depicted persons;
iii. By submitting any Image or Information to the Site, you hereby grant to BAPassociates and its affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual and royalty-free right to, in connection with the operation and/or promotion of the Site, use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted Image or Information in any and all media, whether now known or hereinafter created, throughout the world and for any purpose. In addition to other things, the rights granted to BAPassociates include but are not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted Content or Information;
iv. By submitting any Contents or Information to the Site, you hereby represent and warrant that the submitted Image or Information does not and shall not infringe on any copyright or other right of any third party, and that you have the right to grant any and all rights and licenses granted to BAPassociates hereunder, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances;
v. You acknowledge and agree that BAPassociates shall have no obligation to post, display or otherwise make publicly available any Image or Information submitted by you, and may, in its sole and unfettered discretion, remove, edit, modify or delete any Contents or Information that you submit to the Site;
vi. You understand and intend that any Image or Information submitted by you to the Site may be available for viewing and comment on by the public, and understand that comments with which you disagree or are unhappy about may be published or otherwise become associated with any Content or information you submit to the Site. By submitting any Image or Information to the Site, you hereby waive any privacy expectations that you may have with respect to any such Image or Information submitted by you to the Site;
vii. You hereby agree to hold BAPassociates and its affiliates, subsidiaries, licensees and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on the Site, or any other use authorized under these Terms, of any Image or information submitted to the Site by you;
viii. Images or information submitted by you to the Site shall be the property of BAPassociates, and BAPassociates shall have no obligation to preserve, return or otherwise make available to you or others any photos or information submitted to the Site by you.
You are solely responsible for your interactions with other users of or visitors, including other Members, to the Site.
BAPassociates shall have the right, but not the obligation, to monitor interactions utilizing the facilities of the Site, including any email functionality thereof, between you and other users of or visitors to the Site or any third parties, including other Members. You acknowledge and agree that BAPassociates, its affiliates, subsidiaries, licensees and assigns shall not be, and you shall not seek to hold them, responsible for any harm or damage whatsoever arising in connection with your interaction with other users of or visitors to the Site.
BAPassociates does not verify any information posted to or communicated via the Site by any users (including Members) and does not guarantee the proper use of such information by any party who may have access to the information. You acknowledge and agree that BAPassociates does not assume, and shall not have, any responsibility for the content of email messages or other communications sent or received by users of the Site.
Users are solely responsible for their interactions with other Users and individuals. Because we are not involved in Users interactions, in the event that you have a dispute with one or more Users and/or other third-parties, you hereby release BAPassociates and its officers, directors, members, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
You hereby agree to indemnify, defend and hold harmless BAPassociates, its affiliates and licensees, and all of their officers, directors, employees, agents and representatives from and against any and all liabilities, losses, claims, damages, and expenses (including reasonable attorneys’ fees) in connection with any claim arising out of your use of the Site or violation of any of these Terms.
Links to Third Party Websites
Disclaimer of Warranties
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BAPASSOCIATES AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BAPASSOCIATES OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BAPASSOCIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BAPASSOCIATES’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Entire Agreement and Severability.
This User Agreement is the entire agreement between you and us with respect to the Services, including use of the Site, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of this User Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this User Agreement will otherwise remain in full force and effect and enforceable.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
This User Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
No agency, partnership, joint venture, or employment relationship is created as a result of this User Agreement and neither party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in this User Agreement, all notices under this User Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to info@BAPassociates.com
Our failure to enforce any part of this User Agreement shall not constitute a waiver of our right to later enforce that or any other part of this User Agreement. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with this User Agreement to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in this User Agreement are for convenience only and shall not affect their interpretation.
Jurisdictions and Choice of Law
If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of USA, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the Courts of USA for the resolution of any such dispute.