Welcome to the Web site of Bear Market Investor (“BMI”). This Web site (the “BMI Website” or the “Web Site”) provides general information about Bear Market Investor and its products and services free of charge to users in the United States. Where appropriate, the term “BMI” refers both to Bear Market Investor and its affiliates.
COPYRIGHT RESTRICTIONS/USE OF CONTENT
The entire contents of this Web Site (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to BMI or its affiliates or licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on BMI Web Site for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of BMI. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without the prior written consent of BMI, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your Web browser for display enhancement purposes, and (c) print a reasonable number of pages of BMI Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Web Site are transferred to you, but remain with BMI or the applicable owner of such content. Except as expressly authorized by BMI in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this Web Site, (b) access to this Web Site or (c) use of this Web Site or of any services or materials available through this Web Site.
ACCESS AND INTERFERENCE
You agree that you will not (a) use any robot, spider or other automatic device, process or means to access the Web Site, (b) use any manual process to monitor or copy any of the material on this site or for any other unauthorized purpose without the prior written consent of BMI, (c) use any device, software or routine that interferes with the proper working of the Web Site, (d) attempt to interfere with the proper working of the Web Site, (e) take any action that imposes an unreasonable or disproportionately large load on BMI’s infrastructure, or (f) access, reload or “refresh” transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval.
The “BMI” name and the BMI logo and all related names, logos, product and service names, designs and slogans are trademarks of BMI and/or its affiliates. You may not use such marks without the prior written permission of BMI. All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners.
USE OF THE BMI WEB SITE
You agree to use the BMI Web Site only for lawful purposes:
(a) Specifically, you agree not to do any of the following: (1) upload to or transmit on the BMI Web Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the BMI Web Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the BMI Web Site any advertisements or solicitations of business; (6) restrict or inhibit use of the BMI Web Site by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the BMI Web Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the BMI Web Site); (10) post “spam,” transmit chain letters or engage in other similar activities; or (11) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the BMI Web Site, or which, as determined by BMI, may harm BMI or users of the BMI Web Site or expose them to liability.
(b) Any content and/or opinions uploaded, expressed or submitted to a message board, blog, chatroom or any other publicly available section of the BMI Web Site (including password-protected areas), and all articles and responses to questions, other than the content provided by BMI, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of BMI. You understand and acknowledge that you are responsible for whatever content you submit, and you, not BMI, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the BMI Web Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the BMI Web Site. You grant to BMI the right to use all content you upload or otherwise transmit to the BMI Web Site in any manner BMI chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
(c) BMI reserves the right, but does not assume any responsibility, to (1) remove any material posted on the BMI Web Site which BMI, in its sole discretion, deems inconsistent with the foregoing commitments, including any material BMI has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user’s access to all or part of the BMI Web Site. However, BMI can neither review all material before it is posted on the BMI Web Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, BMI assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. BMI reserves the right to take any action it deems necessary to protect the personal safety of users of this Web Site and the public; however, BMI has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
(d) Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to the BMI Web Site and may expose you to civil and/or criminal liability.
DEALINGS WITH OTHER MERCHANTS
If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through this Web Site you acknowledge and agree that BMI is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that BMI will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on this Web Site.
LIABILITY OF BMI AND ITS LICENSORS
BMI does not assume any liability for the materials, information and opinions provided on, or available through, the BMI Web Site (the “Site Content”). Reliance on the Site Content is solely at your own risk. BMI disclaims any liability for injury or damages resulting from the use of any Site Content.
THE BMI WEB SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER BMI NOR ANY PERSON ASSOCIATED WITH BMI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE BMI WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER BMI NOR ANYONE ASSOCIATED WITH BMI WARRANTS OR REPRESENTS THAT THE BMI WEB SITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE BMI WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE BMI WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. BMI DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
IN NO EVENT WILL BMI OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE BMI WEB SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE BMI WEB SITE OR THE SITE CONTENT OR SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY BMI AND WHETHER OR NOT BMI HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
You agree to indemnify and hold harmless BMI and its officers, directors, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the BMI Web Site or the delivery of products, services or information over the BMI Web site, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of this Agreement or your use of the BMI Web site or any products, services or information obtained from this Web Site.
PRIVACY; PROTECTION OF PERSONAL INFORMATION
COMMENTS AND SUBMISSIONS
BMI welcomes your comments. All comments, suggestions or other information sent by you to this Web Site for internal use by BMI or its advertisers or business partners in response to solicitations on this Web Site will become BMI’s property and you agree that all intellectual property rights therein are transferred to BMI. You understand that any postings, or content submitted for posting, to publicly available portions of the BMI Web site are non-confidential for all purposes.
LINKS TO OTHER SITES; REFERENCES TO THIRD PARTIES
The BMI Web Site contains links to other Web sites on the Internet. BMI is not responsible for and does not endorse the content, products, services or practices of any third party Web sites, including, without limitation, sites framed within the BMI Web Site or third party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third party Web sites is at your own risk and subject to the terms and conditions of use for such Web sites.
The owner of this Web Site is based in the State of New York, USA. BMI makes no representation that materials in this Web Site are appropriate or available for use in other locations. If you access this Web Site from other locations, you are responsible for complying with local laws.
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146 W 29th St
New York, NY 10001
JURISDICTION/CHOICE OF LAW/FORUM SELECTION
With respect to any controversy or dispute you may have under the terms of this Agreement and that is not resolved through negotiation, you agree to seek resolution of such controversy or dispute through binding arbitration in the Borough of Manhattan, New York, New York, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association, and judgment on the award entered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The costs of arbitration shall be allocated among the parties as directed by the arbitrator(s). The arbitrators are expressly authorized to enter an award providing for equitable relief, including injunctive relief, as they deem appropriate and as provided herein.
In the event that this arbitration clause is held to be unenforceable, any litigation against BMI or its officers must be commenced in in the state or federal courts located in New York, New York. You agree to irrevocably submit to the jurisdiction of such courts.