Terms and Conditions

Boston Asset Management Terms & Conditions

Effective Date: October 9, 2014

Welcome to BostonAssetManagement.com (the “Site”). This Site is operated by Boston Asset Management, LLC (hereinafter “Boston Asset Management”) and the content on the Site is owned Boston Asset Management or its affiliated companies and by affiliates and third parties that post on the Site through a license from Boston Asset Management, but for whom Boston Asset Management assumes no direct responsibility. Please read this Terms of Use Agreement (“Agreement”) and the Privacy Policy contained on the Site, as they, together with any additional terms to which you agree when using particular elements of the Site, constitute the entire agreement regarding the Site and set forth the legally binding terms governing your visit of this Site. This Agreement applies to all visitors of this Site (“Visitors”).

By using this Site you agree that you have read, understand and accept this Agreement and Privacy Policy, and you affirm that you are either more than 18 years of age or an emancipated minor, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. By using this Site, you also agree that you will not use this Site for any purpose that is unlawful or in contravention of this Agreement. Boston Asset Management and its affiliates reserve the right to change this Agreement from time to time without notifying you. If you object to any such changes, your sole recourse shall be to discontinue your use of this Site. Continued use of the Site following the effective date of any such changes shall indicate your acknowledgement of such changes and shall be a manifestation of your agreement to be bound by such changes. Boston Asset Management may cease all or part of the Site at any time without notice and is not obligated to retain or return any content. If you do not agree to the terms of this Agreement or our Privacy Policy, do not use the Site.

United States Site and Pricing

Boston Asset Management administers this Site from Florida, United States of America and this Site is only intended for viewing in the United States. All materials and information contained on this Site apply to the United States market only. Boston Asset Management makes no representation that the Site is appropriate or available for use outside the United States. If you choose to access the Site from outside the United States, you do so at your own initiative and are responsible for compliance with applicable laws. You agree to comply with all restrictions and regulations of your government in connection with your use of the Site.

All funding is in U.S. dollars and is available in the U.S. only. This Site in no way constitutes an offer provide manufacturing services from Boston Asset Management. Boston Asset Management makes reasonable efforts to ensure that the information contained on this Site is correct. All information shown on this Site are for information purposes only, are subject to change at any time without obligation, may vary from region to region, and may not be completely up to date or accurate. The promotional programs and/or incentives offered on this Site are only available in the United States and may be limited to particular states and subject to restrictions and/or qualifications, as disclosed by the program.

Third-Party Information

This Site may contain links to third-party websites that are not owned or controlled by Boston Asset Management. Boston Asset Management has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Boston Asset Management will not, and cannot, censor or edit the content of any third-party website. By clicking on links, you expressly relieve Boston Asset Management from any and all liability arising from your use of any third-party website, or from the content of any third-party website. When using a third-party website, you should be aware that when you leave Boston Asset Management’s Site, you should read the terms of use and privacy policy of each third-party website that you visit.

Limited Licenses

Copyright © 2014, Boston Asset Management. All rights reserved.

All text, images, graphics, animation, videos, music, sounds and other materials on this Site is subject to copyright and other intellectual property rights of Boston Asset Management, its affiliated companies and its licensors. The Boston Asset Management name, and all trademarks and logos displayed on this Site are owned or used under license by Boston Asset Management. The unauthorized use of any trademark displayed on this Site is strictly prohibited. Except as expressly provided herein, Boston Asset Management does not grant any express or implied right to you under any patents, trademarks or copyrights.

Subject to your continued compliance with this Agreement, Boston Asset Management grants you a non-exclusive, non-transferable, limited right to access, use, display and listen to this Site and the information, images, sounds and text (“materials”) thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. You agree not to dispute Boston Asset Management’s claims of ownership or validity of its rights in the materials on this Site.

Boston Asset Management authorizes you to view and download the materials at this Site only for your personal, non-commercial use. Boston Asset Management may suspend or terminate this authorization at any time for any reason. This authorization is not a transfer of title in the materials and copies of the materials and is subject to the following restrictions:

  • You must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials;
  • You may not modify the materials in any way or reproduce or publicly display, perform, distribute, or otherwise use them for any public or commercial purpose;
  • You must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under this Agreement.

Linking, Crawling and Archiving

If you would like to link to this Site, you must comply with the following guidelines:

  • Do not incorporate any content from this Site into your site (e.g., by in-lining, framing or creating other browser or border environments around the website content).
  • You may only link to, not replicate, the Site content;
  • You may not create the appearance of a relationship or affiliation with Boston Asset Management; and
  • Your site may not contain offensive, distasteful, illegal or inappropriate content.

If you would like to use a web crawler or other search tool to gather information from the Site, you must comply with the provisions of the robots.txt file of the site and you may not circumvent CAPTCHA or other security measures.

Other Conditions/Restrictions

ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE APPLICATION PROCESS, OR OTHERWISE UNDERMINE BOSTON ASSET MANAGEMENT’S LEGITIMATE BUSINESS OPERATIONS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, BOSTON ASSET MANAGEMENT RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.

Changes to the Site

Boston Asset Management and its affiliates reserve the right to change, modify, suspend, discontinue or permanently cancel this Site’s operation or portions thereof without any notice to you, including but not limited to product specifications or prices, at any time and from time to time without notice and without incurring any obligations. Your use of this Site after any changes are posted will be considered acceptance of such changes.

Privacy

For an explanation of Boston Asset Management’s policies and practices regarding information that we may collect from you in connection with your use of this Site, you should review Boston Asset Management’s Privacy Policy the terms of which are incorporated herein. By using this Site, you are agreeing to this Privacy Policy and you will be bound by the terms of such Privacy Policy.

Indemnification

By using this Site you agree that you will defend, indemnify and hold harmless Boston Asset Management and its subsidiaries and affiliates, their respective stores and advertising and promotions agencies, together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of this Site, your breach or alleged breach of this Agreement, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. Boston Asset Management reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with Boston Asset Management’s defense of such claim.

Disclaimer

This Site and all the information it contains is provided for information purposes only on an “as is” basis and could include technical, typographical or other errors. In certain areas, the information provided may represent an opinion or judgment. Boston Asset Management, information providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of the Site, the information, materials, content, availability, and products. To the extent permitted by applicable law, Boston Asset Management disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Boston Asset Management is not responsible for the content of any Site linked to this Site and is not directly or indirectly implying any approval, endorsement or affiliation with any linked Site.

The material published on this site is for informational purposes only and is not legal advice. Transmission of the information does not create an attorney-client relationship between any parties whatsoever. Visitors should not act upon this information without seeking professional advice or conducting independent legal research. Boston Asset Management disclaims any liability whatsoever for any consequences that may result from any material published here.

YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, BOSTON ASSET MANAGEMENT’S OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. BOSTON ASSET MANAGEMENT, ITS INFORMATION PROVIDERS AND THEIR AGENTS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE. BOSTON ASSET MANAGEMENT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BOSTON ASSET MANAGEMENT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NEITHER BOSTON ASSET MANAGEMENT, INFORMATION PROVIDERS, NOR THEIR AGENTS ARE PROVIDING ANY LEGAL, TAX, MEDICAL, COUNSELING, ACCOUNTING, INVESTMENT, FINANCIAL OR ANY OTHER PROFESSIONAL SERVICES OR ADVICE.

Entire Agreement

This Agreement, together with any additional terms to which you agree when using particular elements of this Site, including the Privacy Policy, constitute the entire agreement regarding the Site and any services, and supersede all prior or contemporaneous communications, whether electronic, oral or written between you and us with respect to the Site or the services provided on the Site.

Jurisdiction and Choice of Law

The Site is operated from Boston Asset Management’s offices in the United States of America. This Agreement is governed by, and construed in accordance with, the laws of the State of Florida, regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. All lawsuits arising from or relating to this Agreement shall be brought in the Federal or State courts located in Pinellas County, Florida, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.

Severability

If a court determines that any term or condition in this Agreement is invalid or unenforceable, then such term will be eliminated and the remaining provisions will remain in full force and effect.

No Waiver

Boston Asset Management’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

 

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