TERMS OF USE
Last Updated: July 23, 2020
1. Acceptance of Terms
These Terms of Use (the “TOU”) govern Your use of any websites (“Sites”) or other Services (defined below) owned by BTK Management LLC, its business units, subsidiaries, and affiliates (together, “BTK Management,” “we,” “our,” or “us”) that display or link to these TOU. Our Privacy Policy also governs Your use of these Sites and Services.
Please note that Section 20 of these Terms contains an arbitration clause and a class action waiver provision. It affects how disputes between you and BTK Management may be resolved.
Please read these TOU carefully. By using any of our Services, You agree to comply with these TOU and our Privacy Policy. If You do not agree to the terms and conditions contained in the TOU, You may not access the Services.
In addition, when using any of our Services, You and BTK Management shall be subject to any other posted guidelines or rules applicable to such Services. These guidelines or rules are hereby incorporated by reference into the TOU.
Subject to and in compliance with the terms and conditions set forth herein, BTK Management may provide its users with access via the Sites to:
· Free content including blogs and forums written by our employees and contractors, emails, podcasts, webinars and conference calls and “content created by our users (User-Generated Content), and free content written or provided by third parties which may include, without limitation, text, data, graphics, photographs, videos, or downloadable code or programs (“Third-Party Content”) (together, the “Free Service”); and
· Premium content including blogs and forums written by our Columnists, educational content and materials (including presentations/PDFs, blogs, forums, emails, podcasts, webinars and printed materials), Third-Party Content, emails, podcasts, webinars and conference calls and User-Generated Content for which You must pay a subscription fee (or in some cases a one-time fee) to access (together, the “Premium Service”).
The Premium Service(s) and the Free Service(s) are collectively referred to herein as the “Services”.
Current applicable subscription rates for any Premium Service can be found on such Premium Service’s offer page or by contacting our Customer Service Department by telephone at 1 (833) 428-5648 Monday through Friday between the hours of 9:00 a.m. and 6:00 p.m. ET.
2. Changes to the TOU and Our Services
We reserve the right at any time to:
· Change the terms and conditions of the TOU;
· Change all or any portion of the Services (including but not limited to adding or removing particular Columnists, ceasing to provide access to a Premium Service, and/or providing an alternative Premium Service to You as a replacement), and/or ceasing to provide Third-Party Content; or
· Change the fees, charges or other conditions for use of the Services (with reasonable notice, in our sole discretion).
Any changes we make to the TOU will be effective immediately after we post the modified TOU on BTK Management. The applicable TOU are the most recent version of the TOU posted on our Sites. In addition, if a Premium Service is added or removed, or the terms of their engagement has changed, the TOU may be modified with respect to such Premium Service. You should check our TOU frequently.
3. Important Disclaimer Regarding the Information We Provide
BTK Management is a publisher and education company. You understand that no content published as part of the Sites or Services constitutes a recommendation that any particular investment, security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that none of the creators or providers of our Sites or Services or their affiliates will advise You personally concerning the nature, potential, value or suitability of any particular investment, security, portfolio of securities, transaction, investment strategy or other matter. Therefore, You should not attempt to contact them seeking personalized investment advice. To the extent any of the content published as part of the Sites or Services may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person.
You understand that the views expressed in the Sites and Services are the authors’ own opinions. The Sites and Services may contain opinions from time to time with regard to securities mentioned in other Sites or Services, and that those opinions may be different from those obtained by using another portion of the Sites or Services. Trading in securities (including, without limitation, stocks, options, ETFs and bonds) involves risk and volatility. Past results are not necessarily indicative of future performance.
You understand and agree that certain of BTK Management’s affiliates and employees may, from time to time, have long and short positions in, or buy or sell the securities, or derivatives thereof, of companies mentioned in respective Sites or Services and may take positions inconsistent with the views expressed.
Third-Party Content is not subject to BTK Management’s investment policy and therefore the preceding paragraph does not apply to Third-Party Content, BTK Management makes no representations regarding Third-Party Content, nor is BTK Management liable for Third-Party Content.
You understand that we obtain performance data from sources believed to be reliable, that the calculations available on the Sites and Services are made using such data, and that these sources, the information providers, or any other person or entity do not guarantee such calculations and the calculations may not be complete.
From time to time, we may reference prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or recommendation, and may not be current. Markets change continuously. Therefore, You should not rely on previously published information and data .
When U.S. exchanges are open, any quotes (other than those obtained through the real-time quote services available to users of certain Services) are delayed. When U.S. exchanges are not open, quotes are only current as of the close of the last day of trading. Before selling or buying any investment, You should consult with a qualified broker or other financial professional to verify pricing information.
To the extent any of our Services involves a model portfolio or an actual portfolio of investments, the model’s author chooses such portfolio of investments is in accordance with that author’s stated investment strategy. Your actual results may differ from results reported for the portfolio for many reasons, including, without limitation:
· performance results for the portfolio do not reflect actual trading commissions that You may incur;
· performance results for the portfolio do not account for the impact, if any, of certain market factors, such as lack of liquidity, that may affect Your results
· the investments chosen for the portfolio may be volatile, and although the “purchase” or “sale” of an investment in a portfolio will not be effected in the portfolio until after the sending of an email alert from BTK Management has been commenced, server, delivery delays and other factors may cause the price You obtain to differ substantially from the price at the time of the alert;
· the prices of investments in the portfolio at the point in time You begin subscribing to the Premium Service may be higher than such prices at the time such investments were chosen for inclusion in the portfolio;
· You may not have the capital to trade as frequently as the portfolio
· the size and timing of a subscriber’s purchase or sale of a stock may affect the price of the stock.
4. Registration and Privacy
In order to gain access to portions of the Sites or Services, You must create an account. We may refuse to grant You a user name and member name that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, impersonates someone else, is or may be protected by trademark or proprietary rights law, or is hatefully, racially, ethnically or otherwise objectionable, or inappropriate, as determined by us in our sole discretion. In consideration of Your use of the Sites or Services, You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide accurate, current and complete information about Yourself as prompted by the Services’ registration form and (b) maintain and promptly update Your registration data to keep it accurate, current and complete.
Our policy with respect to the collection and use of Your personal information is set forth in our Privacy Policy.
As a member, You also have certain other obligations relating to Your account:
· You may not transfer to or resell Your use of or access to the Sites or Services to any third party;
· You are responsible for all activities that occur under Your account;
· You are responsible for maintaining the confidentiality of Your user name, member name and password; and
· You agree to notify us at support@btkmgtconsulting.com if You become aware of any possible unauthorized use(s) of Your account or any possible breach of security, including loss, theft, or unauthorized disclosure of Your user name, member name or password.
· A maximum of three simultaneous log-ins are allowed per account. This simultaneous login limit applies to the total number of logins at any given time regardless of device type (i.e., computers, tablets, mobile devices, etc.).
5. Subscription Cancellation for Premium Service
YOU SHOULD READ THESE TERMS CLOSELY BEFORE YOU SUBSCRIBE FOR A PREMIUM SERVICE.
This Section does not apply to one-time purchases of BTK Management reports.
If You are receiving a free trial to one of BTK Management’s Premium Services, You may cancel Your subscription to the Premium Service at any time during the free trial portion of Your subscription, if any, to not be billed. Otherwise, You may cancel Your monthly or yearly subscription prior to being charged for the next subscription term (e.g., the next month or year). To do this, you must:
· Call our Customer Service Department at 1 (833) 428-5648, Monday through Friday between the hours of 9:00 a.m. and 6:00 p.m. ET; or
· Cancel Your subscription to the Premium Service online in the My Account section of the BTK Management website.
Please note: When Your subscription begins (either when Your free trial expires, as applicable, or when You register for a Premium Service), we will charge Your credit card the applicable subscription fee.
Monthly Subscribers. If You are a monthly subscriber, we will charge Your credit card every thirty (30) days for the amount identified in our subscription notice to You, unless we have informed You that the payment has changed. If You cancel Your subscription, You will NOT receive a refund or reimbursement of any previous monthly subscription fees You have paid; however, You will not be charged any future monthly subscription fees.
Other Subscribers. If You are a subscriber for a term longer than a month (including annual subscriptions), You will be charged in accordance with the terms of the Premium Service You signed up for. If You cancel within the first thirty (30) days of Your initial subscription, You may receive a refund of Your subscription fee minus the equivalent of a one month charge. Please note that if You cancel Your subscription at any time after the first thirty (30) day period of Your initial subscription, You will not receive any refund, reimbursement, or other credit for the amount of the subscription fee.
Please also read the Subscription Renewal provisions, below.
6. Subscription Renewal for Premium Service
YOU SHOULD READ THESE TERMS CLOSELY BEFORE YOU SUBSCRIBE FOR A PREMIUM SERVICE.
This Section does not apply to one-time purchases of BTK Management reports. We will not provide any other refunds for cancellations of any products other than as described below. You will not be eligible for a refund if we determine, in our sole discretion, that You have violated our Terms of Use.
Your subscription will continue for the period identified when Your signed up for the Premium Service (the “Term”), and renew automatically at the end of the Term, unless You notify us of Your decision not to renew Your subscription. You can do this by using the methods described in the “Subscription Cancellation for Premium Service” Section above.
You may not notify us of a decision not to renew Your subscription by any other means (such as by sending a request via email, postal mail or by calling any other phone number).
If You do not notify us as described above, we will charge Your credit card we have on file the then-applicable monthly, periodic or annual fee for Your subscription. You will not receive a refund, reimbursement or other credit of Your subscription fee after Your subscription has renewed.
In connection with recurring billing for subscription renewals, You authorize BTK Management to bill Your credit card account number, regardless of whether the other information associated with Your subscription has changed, including but not limited to the expiration date of the physical card with which You subscribed. We may receive updated information about Your account from the financial institution issuing Your credit or charge card. You agree to pay all fees and charges incurred in connection with Your username, member name and password (including any applicable taxes) at the rates in effect when the charges were incurred. You agree to pay all amounts due upon our demand. In the event we have to collect unpaid amounts You owe us, You will be liable for all of our attorneys’ and collection agency fees.
7. Premium Services with Money Back Guarantee
7.1 30-Day Money Back Guarantee
For all Premium Services, You agree to the following:
In order to cancel any of the Premium Services with a 30-Day Money Back Guarantee, You must use either of the methods described in the “Subscription Cancellation for Premium Service” Section above within thirty (30) days of the commencement of Your initial subscription.
You may not notify us of a decision to cancel Your Premium Service by any other means (such as by sending a request via email, postal mail or by calling any other phone number). Unsubscribing to the Free Services does not suffice as cancellation for Premium Services.
In addition, You are only allowed one (1) Money Back Guarantee per BTK Management Premium Service per a 365-day period. Once You cancel a subscription to a Premium Service, You will no longer have access to that Premium Service
7.1.1 60-Day Money Back Guarantee
For all Premium Services, You agree to the following:
In order to cancel any of the Premium Services with a 60-Day Money Back Guarantee, You must use either of the methods described in the “Subscription Cancellation for Premium Service” Section above within sixty (60) days of the commencement of Your initial subscription. You may not notify us of a decision to cancel Your Premium Service by any other means (such as by sending a request via email, postal mail or by calling any other phone number). Unsubscribing to the Free Services does not suffice as cancellation. In addition, You are only allowed one (1) Money Back Guarantee per BTK Management Premium Service per a 365-day period.
If You cancel Your subscription to any one of the Premium Services within the first 60-day period of being granted access to the Premium Service, BTK Management will provide You a full refund of Your 60-day subscription fees and will terminate Your access to all services, as applicable.
7.2 Education
If You are purchasing an education package, BTK Management offers a Warranty if You are not satisfied with the education and/or coaching You have received. This Warranty does not apply to any additional coaching sessions You have bought separately from any of our education packages.
To use our Warranty, You must complete the following within six months of Your initial purchase:
· Complete all lessons in Your education course(s)
· Attend at least 90% of Your one-on-one coaching sessions
· Complete all assignments that Your personal coach gives You
· Provide documentation that You have traded for 6 consecutive weeks with at least 8 trades per week (paper or live)
To take advantage of this Warranty, You must email support@btkmgtconsulting.com
You may cancel the purchase of Your educational package at any time before midnight on the seventh day after You receive access to the online education program of BTK Management. After midnight on the seventh day, all sales are final, and subject to our Warranty. To cancel Your subscription to the educational package, You must use the methods described in the “Subscription Cancellation for Premium Service” Section above.
All sales of separate and coaching only packages are final, and no refunds will be given.
8. BTK Management’s Proprietary Rights
The Sites and Services and the content distributed through the Sites and Services, not including any User-Generated Content or Third-Party Content, is the property of BTK Management and/or its licensors. You may access and use the content, and download and/or print out one copy of any content from the Sites or Services, solely for Your personal, noncommercial use.
You acknowledge that You do not acquire any ownership rights by using the Services. If You are interested in reprinting, republishing or distributing content from BTK Management, please contact us at 1 (833) 428-5648, Monday through Friday between the hours of 9:00 a.m. and 6:00 p.m. ET. If You choose to submit content for publication through the Services, such as guest commentary or guest opinions, such content shall be exclusive to BTK Management, deemed to be property of BTK Management, and by submitting such content You irrevocably assign any and all rights to such content to BTK Management.
“btkmanagement.com”, “BTK Management”, the “BTK Management Logo, and certain other marks used on the Sites are trademarks and/or service marks of BTK Management. All other trademarks, service marks, and logos used on the Sites are the trademarks, service marks, or logos of their respective owners.
9. User Conduct
You may not republish, upload, post, transmit or distribute content available through the Services to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. You may, however, link to the Services on any bulletin board, newsgroup, website or chat room (“Third-Party Site”), as described in Section 11 below. Modification of the Services content or use of the Services content for any purpose other than Your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject You to legal liability.
In addition, in connection with Your use of the Sites and Services, You agree not to:
· Restrict or inhibit any other visitor from using the Sites or Services, including, without limitation, by means of “hacking” or defacing any portion of any of our websites;
· Use the Services for any unlawful purpose;
· Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or any of our websites;
· “Frame” or “mirror” any content available through the Services or any of our websites without our prior written authorization;
· Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the content available through the Services or any of our Sites; or
· Harvest or collect information about Sites or Services users without their express consent.
You also agree that at all times You will:
· Comply with all applicable laws, rules and regulations in connection with Your use of the Sites and Services and the content made available therein;
· Be responsible for all statements made and acts or omissions that occur on Your user account while Your password is being used;
Waive any and all rights against BTK Management and hold BTK Management harmless in connection with any claims relating to any action taken by BTK Management as part of its investigation of a suspected violation or result of its conclusion that a violation of the TOU has occurred, including but not limited to the removal of posts or a suspension or termination of Your membership account; or
10. User-Generated Content and Forums
10.1 Public Areas
Certain public areas of BTK Management Portfolio of Websites may allow You to post content that can be accessed and viewed by the public in general. You understand that all information, data, text, images, avatars, hyperlinks, messages, tags, or other materials, each a form of User-Generated Content posted on the public areas of the Sites are the sole responsibility of the person who created the content. You acknowledge that You, and not BTK Management, are entirely responsible for all content that You upload, post, email, transmit or otherwise make available via the Sites or Services. BTK Management does not guarantee the accuracy, integrity, timeliness or quality of such content. You agree to not post any content that violates the TOU and to post comments in both tone and content that contribute in a positive and high quality manner to the substantive exchange of information and the subject matter of the content.
The following is an incomplete list of illegal and prohibited uses of Services. BTK Management may investigate any illegal and/or unauthorized use of the Services and appropriate legal action may be taken, including without limitation, civil, criminal and injunctive redress.
You agree not to use BTK Management Services to:
· Post any content that You either know or should know is false, deceptive or misleading, or misrepresent or deceive others as to the source, accuracy, integrity, timeliness or completeness of any comment You post.
· Express or imply that any statements You make are endorsed by us, without our prior written consent;
· Post any content that is unlawful, harmful or injurious to others, threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, hatefully, racially, ethnically or otherwise tortious or objectionable.
· Post any content that does or may invade the privacy or violate or infringe on any rights of others, including, without limitation, copyrights and other intellectual property rights.
· Impersonate any person, firm or entity, falsely or deceptively state, infer or otherwise misrepresent Your affiliation with or connection to any person, firm or entity.
· Post any content which, in either the act of posting or the comment itself, You do not have a right to do under any law, regulation or order of any court, or as a result of an employment, contractual, fiduciary or other legal obligation or relationship, or any non-public or otherwise restricted, confidential, sensitive or proprietary information without authorization
· Post any advertising, promotional materials, so called “chain letters,” “pyramid” or other schemes or invitations to participate in these or any other form of solicitation or promotion.
· Offer to sell or buy any product or service or use the Site or Services for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive online services.
· Post any links to any external Internet sites that are obscene or pornographic, or display pornographic or sexually explicit material of any kind.
· Post any false or misleading information, material non-public information, insider information or information intended to increase or decrease the price of any particular publicly-traded security.
· Violate any local, state, national or international law, regulation or order of any court, including but not limited to regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or The Nasdaq Stock Market and/or
· Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
You may post only content You own, or content for which You have received express permission from the owner and content in the public domain. You assume all risk and responsibility for determining whether any User-Generated Content is in the public domain.
BTK Management expressly disclaims ownership of any User-Generated Content. However, by submitting User-Generated Content to the public areas of the BTK Management Portfolio of Websites, You hereby grant, transfer and assign BTK Management, our affiliates and distributors, successors, assigns and licensees a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, copy, display, perform, modify, revise, create derivative works of, archive and adapt this content in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), on any number of occasions in any form, and to sublicense third parties (including other users of the Services) to do any of the foregoing with further right of sublicense, without compensation to You. You represent and warrant that You are authorized to grant all rights set forth in the preceding sentence and that the exercise by You of Your rights under this License does not violate any laws, defame or libel any person, invade any person’s right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including without limit any copyright or moral right). None of the User-Generated Content disclosed in any part of the Services shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any User-Generated Content. BTK Management does not and cannot review all of the User-Generated Content posted by users on the Sites or Services and is not responsible for such content. You shall remain solely responsible for all User-Generated Content submitted to BTK Management. Your use of any User-Generated Content shall be at Your own risk and BTK Management makes no representations or warranties regarding User-Generated Content. Users should be cautious about any and all investment recommendations and should consider the source of any investment advice. Various factors, including personal or corporate ownership, may influence or factor into User-Generated Content. You understand that by using the Sites or Services, You may be exposed to User-Generated Content that is offensive, indecent or objectionable. Although BTK Management reserves the right to remove any offending User-Generated Content, You understand and agree that You nonetheless may be exposed to such material and that You further waive Your right to any damages (from any party) related to such exposure.
YOU UNDERSTAND THAT BTK MANAGEMENT DOES NOT IN ANY MANNER RECOMMEND OR ENDORSE ANY USER-GENERATED CONTENT.
BTK Management retains the right in its sole discretion, arbitrarily and/or for any reason and without any notice whatsoever, to edit, move, delete, and/or remove any User-Generated Content posted on any of its websites at any time. Without limiting the foregoing, BTK Management has the right to delete any User-Generated Content that BTK Management believes, in its sole discretion, does or may violate the TOU.
10.2 Forums
Certain areas of the Sites enable You to access online forums where You can post messages (“comments”) and read messages posted by other users (the “Forums”). BTK Management selects some of the Forums’ topics and users create others. The Forums are a free service provided to BTK Management users. BTK Management does not endorse, and specifically disclaims any responsibility or liability for, any content posted on the Forums, regardless of who selects the topic. By posting a message in the Forums, You agree to be bound by the following terms and conditions. If You do not want to be bound by these terms, then do not use the Forums.
You agree to be fully responsible for Your own postings and agree to access and use the Forums at Your own risk on an as-is basis. While BTK Management has no obligation to monitor the Forums, it may, from time to time, monitor the Forums to determine whether postings comply with these Terms of Use, to guide the discussion on the Forums, for other reasons or no reason at all. BTK Management cannot and does not guarantee that it will post or continue to post every message or other content You or other users submit to the Forum. Also, BTK Management reserves the right to edit or abridge postings for any reason and to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BTK Management’s sole discretion.
You must abide by the following rules in connection with Your use of the Membership Services:
· You agree to post only messages that relate to the subject matter of the Forum;
· You agree not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
· You agree that Your name will be displayed to other users of the Forums. BTK Management will display the full name (i.e., first and last) which You provided when You registered to use the site or purchased a Premium Service, unless You specifically request to change this name and are granted permission to do so by us.
· You agree not to impersonate any person or entity, including, for example, an BTK Management employee or officer, a forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
· You agree not to post messages that contain material that is inappropriate, profane, defamatory, infringing, obscene, or indecent. This includes any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You agree to give attribution to others when You quote or paraphrase materials owned by others, and to limit Your quotations to no more than 50 words;
· You agree not to upload files, or cause users to upload files, that contain viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of another’s computer.
· You agree not to advertise or promote any goods or services in the Forums. This includes, among other things, “junk mail”, “spam”, “chain letters”, and “pyramid schemes;”
· You agree not to solicit or contact other members in order to offer for sale any products or services, or to engage in any prospective or current business communications with members, through the Forums or by using the Membership Services;
· You agree not to conduct contests or distribute chain letters through the Forums;
· You agree not to violate any applicable local, state, national or international law in connection with Your use of the Forums. This includes, among other things, any securities law or regulation; and
· By posting a message, uploading a file, or engaging in any other form of communication through a Forum, You are granting BTK Management a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell any such messages, files or communications.
What to do if You believe a posting violates these Terms of Use:
If You believe that a posting in a Forum violates these Terms of Use, we encourage You to contact BTK Management by sending an email using support@btkmanagement.com that identifies the applicable posting and the screen identity of the person who made the posting. BTK Management cannot guarantee that any action will be taken as a result of Your email.
11. Links to Other Websites, Sweepstakes, and Viral Links
11.1 Content from Other Websites
Content available through the Sites and Services may contain links to other Internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, timeliness, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
Your use of certain features and certain Third-Party Content made available to You by BTK Management may be governed by additional rules, which are available on our Sites or by hyperlink from other websites, in connection with the Services. By using any feature You are acknowledging that You have reviewed all corresponding rules and agree to be bound by them. Some Third-Party Content and some of the features may have been provided by third parties for Your use. In the event that any feature or tool is provided by a third party, such feature or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that Your use of all Third-Party Content and features and tools provided by third parties is solely at Your own risk.
11.2 Sweepstakes
Any sweepstakes, contests, and games that are accessible through our websites are governed by specific rules. By entering such sweepstakes or contests or participating in such games, You agree to those rules.
11.3 Viral Links
You are encouraged to link to the Services on any online bulletin board, message board, newsgroup, website or chat room. If You elect to display links from our websites on a Third-Party Site, You agree that You will comply with BTK Management’s viral linking requirement as set forth herein. Notwithstanding anything contained herein, we reserve the right to deny permission to You to link to the website for any reason in our sole and absolute discretion.
BTK Management hereby grants You the permission to post such links on a Third-Party Site, provided, however, that You comply with the following guidelines:
· You may display only an excerpt of the content not to exceed 50 words that must be followed by a link to the full content of the Service. You are not permitted to reproduce the entire text of content as it appears on the website. You are prohibited from displaying excerpts from the Premium Service.
· The byline must consist of the name or title of the content and the name of the website. (e.g. “as appearing on BTK Management”)
Any website that links to BTK Management Portfolio of Websites (a) must not suggest or imply that we are sponsoring or endorsing such website(s)’s product, unless BTK Management has given its prior written consent; (b) must not use any of our trademarks on such Third-Party Site without prior written consent of BTK Management; and (c) must not display any excerpt of BTK Management content and link together with content on such Third-Party Site that may be construed as distasteful, offensive or controversial.
12. Conferences
12.1 Changes to a Conference and Cancellations
BTK Management may host Conferences from time to time. We may have to change the content, date, timing and/or location of a conference or the advertised speakers. We reserve the right to do this at any time. We will notify You of any such changes we make.
If You are unable to attend a Conference we welcome substitute delegates attending in Your place at no extra cost if You give us at least seven (7) days prior notice of the name of Your proposed substitute and we have received payment in full. Please notify us of any substitutions by email at: support@btkmgtconsulting.com.
All ticket sales are final. If You cancel or otherwise do not attend a Conference, You are not eligible for a refund.
If we cancel or relocate a Conference as a result of an event outside our control (including, without limitation, to acts of God, floods, lightning, storm, fire, explosion, war, military operations, acts of terrorism, or threats of any such acts, any strike action, lock-outs or other industrial action, and a pandemic, epidemic, or other widespread illness), we will not be liable to You for travel, accommodation, or other costs and expenses incurred (included wasted costs and expenses). Under these circumstances, we will reimburse You the registration fee after deducting costs already incurred for the organization of the Conference and which could not be recovered from third parties.
We own all rights in, or otherwise have permission to use, all presentations, documentation and materials published or otherwise made available as part of a Conference (including but not limited to any documentation packs or audio or audio-visual recording of a Conference) (“Conference Content”). You may not (i) professionally photograph, film or record; or (ii) republish, broadcast or otherwise disseminate Conference Content. You shall not, without limitation:
· upload any Conference Content into any shared system;
· include any Conference Content in a database;
· include any Content in a website or on any intranet;
· transmit, re-circulate or otherwise make available any Conference Content to anyone else;
· make any commercial use of the Conference Content; or
· use Content in any way that might infringe third party rights or that may bring us or any of our affiliates into disrepute.
The Conference Content does not necessarily reflect our views or opinions. Presenters alone are responsible for the content of their respective presentations and/or handouts, which are offered for informational purposes only.
You should not rely on suggestions or advice contained in the Conference Content in place of professional or other advice. While we take reasonable care to ensure that the Conference Content we create is accurate and complete, third parties provide us with some Conference Content, and we are unable to check its accuracy or completeness. You should verify the accuracy of any information (whether we or a third party supplies it) before relying on it.
The Conference Content is provided on an “AS IS” basis without any warranties of any kind (express or implied). We hereby exclude to the fullest extent permitted by law all liabilities, costs, claims, damages, losses and/or expenses arising from any inaccuracy or omission in the Conference Content or arising from any infringing, defamatory or otherwise unlawful material in the Conference Content.
To the extent we provide any Conference Content online, we reserve the right to suspend or remove access to such Content at any time.
12.2 Liability
Subject this Section, our aggregate liability to You, whether such liability arises in contract, tort (including negligence) or otherwise, for any damages, loss, costs, claims or expenses of any kind howsoever arising, out of in connection with any booking (or requested booking) made by You or otherwise in relation to a Conference, shall be limited to the price paid by You in respect of Your booking to attend a Conference.
We shall not be liable to You for (i) any loss of profit, loss of or damage to data, loss of anticipated savings or interest, loss of or damage to reputation or goodwill or; (ii) any indirect, special or consequential damages, loss, costs, claims or expenses of any kind. Our liability is limited to gross negligence or willful misconduct.
You agree to indemnify us, our staff and our affiliates and to hold us harmless to the fullest extent permitted by law, against all loss, costs, claims or expenses of any kind arising from any act or omission by You (including Your delegates) during or otherwise in relation to a Conference.
Nothing in this Terms of Use shall limit or exclude us or Your liability for:
· death or personal injury caused by that party’s negligence, or the negligence of that party’s employees, agents or subcontractors;
· fraud or fraudulent misrepresentation; or
· any other liability which cannot be limited or excluded by applicable laws
12.3 Participation in a Conference
When attending a Conference, You are expected to behave professionally. You are liable for the damages they cause to other persons and/or to other persons’ or the venue’s property. By registering for a Conference, You confirm that You are at least 18 years of age.
13. Disclaimer of Warranties
The Sites and Services, and any content obtained or accessed through the Sites and Services, including without limitation Third-Party Content, is provided “as is” without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, BTK Management, its officers, directors, employees, subsidiaries, affiliates, suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose or use, and all warranties relating to the adequacy, accuracy, timeliness or completeness of any information available through the Services,
BTK Management does not warrant and accepts no liability that Your use of the Sites or Services and any content, including without limitation, Third-Party Content, will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Sites or Services, or the server(s) on which the Sites and Services are hosted, are free of viruses, worms, malicious code, Trojan horses, malware, or other harmful components. BTK Management accepts no liability for any software downloaded from the Sites or Services. You acknowledge that You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Sites or Services, and all charges related thereto. You assume total responsibility and risk for Your use of the Sites or Services and Your reliance thereon. No opinion, advice, or statement of BTK Management or its affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. You use of the site, the content contained therein, and materials provided through the site, are entirely at Your own risk. BTK Management will not be liable for any informational errors, incompleteness, delays or any actions taken in reliance on information contained in the Sites or Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites or Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that BTK Management shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites or Services.
Content available through the Sites and Services could include inaccuracies or errors, or materials that violate the TOU. Third parties may make unauthorized alterations to the content available through the Sites and Services. Although we attempt to ensure the integrity of our Sites and Services, we make no guarantees as to the completeness or correctness of any content available through the Sites or Services. In the event that such a situation arises, please contact us at support@btkmgtconsulting.com with, if possible, a description of the material You would like us to check and the location (URL) where such material can be found on our Sites or Services, if applicable, as well as information sufficient to enable us to contact You. We will try to address Your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Copyright Infringement” below.
Under no circumstances shall BTK Management be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
14. Limitation of Liability
NEITHER BTK MANAGEMENT NOR ITS AFFILIATES, SUPPLIERS, SUBSIDIARIES, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITES OR SERVICES AND/OR ANY CONTENT CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION, ANY THIRD-PARTY CONTENT, OR ANY SERVICES USED OR PURCHASED THROUGH BTK MANAGEMENT, WHETHER SUCH DAMAGE IS FORESEEABLE OR NOT AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FOR AVOIDANCE OF DOUBT, DAMAGES ARISING UNDER THE SECTION ENTITLED “INDEMNIFICATION” (INCLUDING WITHOUT LIMITATION DAMAGES TO WHICH A PARTY IS ENTITLED TO INDEMNIFICATION UNDER SUCH SECTION THAT SUCH PARTY SUFFERS IN CONNECTION WITH THIRD-PARTY CLAIMS FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARE DEEMED TO BE DIRECT DAMAGES OF THE INDEMNIFIED PARTY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION REGARDING USE OF THE SITES OR SERVICES — WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE — SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES IN THE CURRENT CALENDAR YEAR OF YOUR SUBSCRIPTION.
15. Indemnification
You agree to indemnify, defend and hold harmless BTK Management our current and former affiliates, our current and former officers, directors, employees, agents and representatives and their successors and assignees from and against any and all liabilities, claims, (including, without limitation, third-party claims), damages, losses, costs (including reasonable attorneys’ fees), or other expenses associated with or incurred as a result of or from (a) Your violation of the TOU; (b) Your use of the Services; (c) Your violation of the rights of any third party; (d) the actual or alleged infringement of any third party proprietary or intellectual property right arising out of the duplication, sale, distribution, or use of the Services, or (e) any liability arising from Your use of the Services including any User-Generated Content You create.
16. Termination
BTK Management reserves the right to restrict, suspend or terminate Your use of and registration on any of its Sites at any time for any reason in its sole discretion, with or without cause, without prior notice to You and without liability or further obligation of any kind whatsoever to You or any other party. BTK Management reserves the right to terminate Your access to any portion of the Services and, in some cases in the sole discretion of BTK Management, Your membership in the Premium Services, in the event You violate the TOU. In such case, You will not be entitled to receive a refund, reimbursement or any other credit for any portion of the subscription fee You paid.
You may terminate Your user account, username, member name any associated email address and access to the Services by submitting such termination request to us.
17. Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The procedure under the DMCA for takedown notice is given below. See http://loc.gov/copyright/ for the most current statutory requirements.
If You believe in good faith that materials displayed on our Sites infringe Your copyright, You (or Your agent) may contact: Copyright Agent, Legal Department, BTK Management, LLC, 8201 Peters Road, Suite 1000, FL 33324, with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that You claim has been infringed; (c) a description of where the material that You claim is infringing is located on the website; (d) Your address, telephone number, and email address; (e) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf. Please note that You will be liable for damages (including costs and attorneys’ fees) if You materially misrepresent that any material on our sites is infringing Your copyrights.
18. Repeat Infringement
We have a policy of terminating the accounts of repeat infringers or otherwise taking reasonable steps to prevent such users from continuing to post. You agree that if Your account is terminated under these TOU, You will not attempt to establish a new account or otherwise post content under any name, real or assumed. You further agree that if You violate this restriction by opening a new account or otherwise posting content after being terminated pursuant to this policy, You shall indemnify and hold us harmless for any and all liability that we may incur therefor.
19. Miscellaneous
The Services are directed solely to individuals residing in the United States. We make no representation that materials provided through the Services are appropriate or available for use in other locations. If You access the Services from other locations, You do so on Your own initiative and at Your own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Services to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service that we provide.
You are responsible for promptly paying all fees associated with Your use or purchase of the Services (the “Fees”) at the time of purchase. You are also responsible for any applicable federal, state, or local franchise fees, surcharges, sales and use taxes, and any other taxes (except those related to BTK Management’s net income) related to the Services (collectively, the “Taxes”). You shall promptly pay all Taxes at the time of purchase.
20. Disputes
The TOU, together with all BTK Management policies referred to herein, constitute the entire agreement between You and BTK Management relating to Your use of the Services and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us. The TOU and the relationship between You and BTK Management are governed by and construed in accordance with the laws of the State of Illinois, excluding (a) the application of principles of conflict of laws that otherwise might call for the application of the substantive law of another jurisdiction and (b) the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. You and BTK Management agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Cook County, Illinois, waive any jurisdictional venue, or inconvenient forum objections to such courts and such courts shall have the sole and exclusive jurisdiction over any action, suit or other proceeding arising out of or relating to these TOU, other than any action, suit or other proceeding arising from a breach of customer data.
You and BTK Management agree that any action, suit or other proceeding arising from a breach of customer data will be submitted to binding arbitration for resolution. Such arbitration shall take place in Cook County, Illinois, and shall be conducted in accordance with the rules of the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in effect at that time. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damage and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow these TOU.
If any provision of the TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the TOU is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require You to sign a non-electronic version of the TOU.
21. Legal Notices
California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
For all other notices, please contact us in writing: BTK Management, LLC, 8201 Peters Road, Suite 1000, FL 33324.