Terms And Conditions
WEBSITE USAGE AGREEMENT BETWEEN BARLETT
CORPORATION, ITS AFFILIATES AND
SUBSIDIARIES AND THE USERS
1. Obtaining access to or use of this Site or any of the material contained in it constitutes agreement with the following terms and conditions, as amended from time to time.
2. Barlett Corporation ("Barlett") maintains this web site (the "Site") as a courtesy to those who may choose to access the Site ("User" or collectively, "Users"). The information presented herein is for informative purposes only. BARLETT is pleased to allow Users to visit the Site and download, copy, and/or link to various information, documents, and materials (collectively, the "Materials") from the Site for User’s personal, non-commercial use, without any right to resell, redistribute, or create derivative works therefrom, subject to the terms and conditions outlined below, and also subject to more specific restrictions that may apply to specific material within this Site.
3. BARLETT administers this Site. All Materials on this Site, as well as access to such Materials and use of this Site and the Materials, are subject to these terms and conditions. In addition, some areas may have additional terms and conditions that govern the use of the Materials.
Disclaimers
4. MATERIALS PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BARLETT specifically does not make any warranties or representations as to the accuracy or completeness of any such Materials. BARLETT periodically adds, deletes, changes, improves, or updates the Materials on this Site without notice. Under no circumstances shall BARLETT be liable for any loss, damage, liability, or expense incurred or suffered which is claimed to have resulted from access to or use of this Site or to any of the Materials, including without limitation, any fault, error, omission, interruption, or delay with respect thereto. Use of this Site is at User’s sole risk. Under no circumstances, including, but not limited to, BARLETT’s own negligence, shall BARLETT or its related parties or affiliates be liable for any direct, indirect, incidental, special, or consequential damages, even if BARLETT has been advised of any errors or the possibility of such damages.
5. User specifically acknowledges and agrees that BARLETT is not liable for any conduct of any User.
6. This site may contain advice, opinions, and/or statements of various information providers and content providers. BARLETT does not promote, advocate, represent, or endorse the accuracy or reliability of, any advice, opinion, statement, or other information provided by any information provider or content provider, any User of this site, or any other person or entity. Reliance upon any such opinion, advice, statement, or other information shall be at User’s sole risk. Neither BARLETT nor its affiliates, officers, agents, employees, attorneys, representatives, information providers, nor content providers shall be liable to User or anyone else for any inaccuracy, error, omission, interruption, lack of timeliness or completeness, deletion, defect, failure of performance, computer virus, communication line failure, alteration of, or use of any content herein, regardless of cause, or for any damages resulting therefrom or from the use of this Site or the Materials.
7. As a condition of use of this Site, User agrees to indemnify BARLETT and its affiliates from and against any and all actions, claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out User's use of this Site and/or the Materials, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions. If User is dissatisfied with this Site or with any of the Materials, or with any of terms and conditions of use of this Site, User’s sole and exclusive remedy is to discontinue using this Site and the Materials. Further, User agrees not to ever enter into evidence any material found in this website in the event of conflict or litigation and User consents to an injunction entered in a court of proper jurisdiction to prohibit the use or enter in evidence of any material of this web site. User acknowledges and agrees that all information of this website is the exclusive property of Barlett Corporation.
8. Nothing in this Site or any Materials shall be construed, implicitly or explicitly, as containing any investment recommendation by BARLETT or any associated or related party. BARLETT is not registered under the U.S. Investment Advisers Act of 1940. Accordingly, nothing in such Site, or in the Materials, constitutes an offer of or an invitation by or on behalf of BARLETT to purchase or sell any shares or securities, nor may it be considered as investment advice.
Links to Third-Party Web Sites
9. This Site contains links to third-party web sites. The linked sites are not under the control of BARLETT and BARLETT is not responsible for the form or content of any linked site or any link contained in a linked site. BARLETT provides these links only as a convenience, and the inclusion of a link does not imply endorsement of the linked site by BARLETT.
Applicable Law and Jurisdiction
10. This Agreement will be interpreted and enforced in accordance with the laws of the State of Florida, United States of America. Any action to enforce this agreement or otherwise touching on or in any way related to this Site or the Materials shall be brought exclusively in the courts of Pinellas County, Florida, United States of America.
General
11. BARLETT reserves its exclusive right in its sole discretion to alter, limit, or discontinue the Site, any Materials, and these Terms and Conditions, in any respect. BARLETT shall have no obligation to take the needs of any user into consideration in connection therewith, and shall not be obligated to give any notice, prior or subsequent, of any such alteration, limitation, or discontinuation to any User at any time. Use of the Site or any of the Materials by User Barletter any such change shall constitute User’s irrevocable acceptance of each such change.
12. BARLETT reserves the right to deny, in its sole discretion, access to any User of all or any portion of this Site and/or the Materials, without notice.
13. No waiver by BARLETT of any provision of this Agreement shall be binding except as set forth in a writing signed by its duly authorized representative.
Copyright Complaints
14. BARLETT respects the intellectual property rights of others, and asks its Users to do the same. BARLETT may, at its sole discretion, terminate the account of and/or deny account reinstatement to any User who infringes the intellectual property rights of others. If you believe that your work has been copied and is accessible on or through this Site in a way that constitutes copyright infringement, you may notify BARLETT by providing BARLETT's copyright representative the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
(c) identification of the URL or other specific location on the BARLETT site where the material that you claim is infringing is located;
(d) your full legal name, address, telephone number, and e-mail address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(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 owner or authorized to act on the copyright owner's behalf; and
(g) any other information as may be requested by BARLETT.
BARLETT's representative for notice of claims of copyright infringement on this Web site can be reached as follows:
By mail:
4532 W. Kennedy Blvd., Suite 150
Tampa, FL 33609
By email:
maretj@aol.com