PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.
Welcome to Phil Town (the "Site"), provided by BTA, Inc. These terms and conditions of use may be changed in the future without further notice. Your continued use of this Site and any Products or Services offered through this Site after any such changes is your acceptance of the new terms. Further, these terms and conditions apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with BTA, Inc.
The Site and Services offered through this Site are intended for use by people who will use the Phil Town Rule #1 in making their investment decisions, and certainly not for anyone under the age of 13. If you are under 13 years old, please come back and visit us after your 13th birthday.
This Agreement ("Agreement") is by and between BTA, Inc. ("us” or “we”) and you, as well as your representatives, agents, heirs, successors and assigns ("You"), and is made effective as of the date its electronic execution by You. This Agreement sets forth the terms and conditions of Your use of any software (“Software”) or services (“Services”) offered by Us on the Site, and explains our obligations to You and Your obligations to us in relation to your use of this Site and of any Products and Services You use or purchase through this Site.
This Agreement as well as any additional policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and us concerning Your use of our Site, Products and Services, and supersedes all prior proposals, agreements, or other communications. All of our policies and agreements specific to particular Products and Services are incorporated herein and made part of this Agreement by reference. By purchasing our Products or Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which we may establish from time to time’ You may view the latest version of this Agreement online.
In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with us, whether or not the transactions were in Your behalf. You acknowledge that our acceptance of any application made by You for Products or Services provided by us will take place in Los Angeles, California.
You are responsible for maintaining the confidentiality of your password and Your Account Information (name and e-mail address). You are responsible for all activities that occur in your account and you agree to notify us immediately of any unauthorized account use. We are in no way responsible for any loss or damages that you may incur as a result of any unauthorized use of your user account or password.
General Terms of Agreement
You agree that we may modify this Agreement and the Products and Services from time to time. You agree to be bound by any changes we may make to this Agreement when such changes are made. If You have purchased Services or Products from us, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Products or Services. In the event You terminate Your usage, we will not refund any amounts You have paid. You agree that we shall not be bound by any representations made by third parties who You may use to purchase Services from us and that any statement of a general nature, which may be posted on this Site or contained in our promotional materials, will not bind us. We may, at times, offer certain promotions with different charges and features.
You agree that You will be responsible for notifying us should You desire to terminate Your use of our Services. Notification of Your intent to terminate must be sent by email to firstname.lastname@example.org.
All Site materials, including, without limitation, our logo, design, text, graphics, other files, source code, and the selection and arrangement thereof are Copyright © 2005 Phil Town. ALL RIGHTS RESERVED.
None of the material on the Site may be copied, revised, modified, added to, reproduced, distributed, republished, downloaded, displayed, posted or transmitted by You in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without our prior written permission. Permission is granted to display, copy, distribute and download the materials on this Site for Your personal, noncommercial and informational use only, provided that you may not, without our permission (a) copy, publish, distribute, or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials.
Phil Town, Rule #1, and associated logos are trademarks of BTA, Inc. and therefore may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of the Site and its individual pages may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos on the Site are the property of their respective owners.
Licenses and Site Access
We are granting You a limited, revocable, non-exclusive, nontransferable and non-assignable license to only make personal use of the Site. This license does not include, without limitation: (a) any resale or commercial use of the Site or any of its content or applications, including any calculators, charts, graphs of other content or functionality (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site or its contents; (d) use of any data mining, spiders, robots or similar data gathering and extraction methods, (e) use of any over-lay advertising or comment software, or (f) use of any spy-ware or ad-ware. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of BTA, Inc. or any third party.
You may not use, frame or utilize framing, pop-up or other known or to be known techniques to enclose any of our trademarks, content or other proprietary information (including the images found at this Site) without our express prior written consent. Further, you may not use any meta tags or any other "hidden text" utilizing any of our trademarks product names or other Site content, and may not use any of our trademarks as a key word or pay for placement search word, or otherwise. Finally, you may not link your site or any other web page or web site to this Site without our prior written permission. Requests for such permission should be sent to email@example.com.
License for Use of Software and Services
Note: This license may be subject to additional terms and conditions of a separate Product or Services licenses from us to you. You agree that You are bound by both this Agreement and any other Product or Services agreements between us.
If You have licensed software from us or if any of our software is part of any of the Services we are providing to You, we grant You a limited, revocable, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary for software of the kind licensed. You are free to use the software on any computer, but not on two or more computers at one time.
You agree to not alter or modify the Software. You agree that You are not authorized to combine the Software with any other software program, create derivative works based upon the Software, and that You are not authorized to integrate any plug-in or enhancement which uses or relies upon the Software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.
BTA, Inc. reserves all rights to the Software. The Software and any copies You are authorized to make are the intellectual property of BTA, Inc. The source code, object code, screen displays and all text, graphic and other content are our exclusive property and the Software is protected by copyright throughout the world. Except as expressly provided for in this section, this Agreement does not grant You any rights in the Software and all rights are reserved by us.
BTA, Inc. provides this Software “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.
Forums and Interactive Areas. This Site may include discussion forums or other interactive areas. Forums and interactive areas shall be used only for noncommercial purposes. By using any forum or interactive areas, you agree not to do any of the following:
- Upload to, distribute or otherwise publish through this Site any message, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable
- Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity
- Without our written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.
We take no responsibility and assume no liability for any Content posted or uploaded by You or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. We reserve the right but not the obligation to remove any materials we deem objectionable.
You shall remain solely liable for the Content of any messages or other information you upload or transmit to the Site, including any discussion forums or interactive areas of this Site. You agree to hold harmless us and our affiliates and parties with whom we have contracted for purposes of hosting or maintaining this Site from all claims based upon communications made or materials posted by You or the use by third parties permitted by You to use this Site.
You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to us or postings on this Site, are not confidential and shall become our sole property. We shall own all exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to us, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" of yours in such materials, including the rights of paternity and integrity.
We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under our control and we are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of the site or any information contained therein. When leaving our Site, you should be aware that our terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
In using this Site, you agree:
Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites
- Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites
- Not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files
- Not to use or attempt to use another's account, service or system without authorization from BTA, Inc., or create or use a false identity on this Site
- Not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings
- Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access
You agree (a) that You are entirely responsible for maintaining the confidentiality of Your password and account information, (b) that You are entirely responsible for any and all activities that occur under Your account, (c) to notify us. immediately of any unauthorized use of Your account or any other breach of security, (d) we will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge, and (e) that You could be held liable for losses incurred by us or another party due to someone else using Your account or password. For security purposes, You should keep account access information in a secure location and take precautions to prevent others from gaining access to Your user name and password. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means.
You agree to maintain accurate information by providing updates to us, as needed, while You are using our Services. You agree You will notify us within ten (10) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by us to determine the validity of information provided by You will constitute a material breach of this Agreement.
Not Intended for Use in Certain Countries and Export Restrictions
This Site is not intended to be available to, or accessed or used by, any person in any country where such availability, access or use would be contrary to or restricted by law or regulation. None of the services or products referred to in this website is available to persons resident in any country where the provision of such services or products would be contrary to or restricted by law or regulation. You are responsible for ensuring that any such laws and regulations are fully complied with before you access or use any information on this website. This website is intended only for commercial enterprises (not being individuals). You confirm, by using this Site that you are, or are acting on behalf of, a commercial enterprise and are not acting in an individual capacity.
You cannot export or re-export the Software in any form without the appropriate United States and foreign government licenses. You will not, directly or indirectly, export or transfer the Software to any country to which transmission is prohibited by applicable statute. Your failure to comply with this provision is a material breach of this Agreement.
The Software and accompanying documentation are provided with restricted rights. Use, duplication or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph(c)(1)(ii) of DFARS 252.227-7013 (The Rights in Technical Data and Computer Software) or subparagraphs(c)(1) and (2) of 48 CFR 52.227-19 (the Commercial Computer Software--Restricted Rights).
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BTA, INC. AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY BTA, INC. OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT BTA, INC. DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, BTA, INC. AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.
BTA, INC. DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. BTA, INC. DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY BTA, INC. VIA EMAIL OR OTHER MEANS, INCLUDING WITHOUT LIMITATION INFORMATION PROVIDED THROUGH BTA, INC. LIVE!, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES BTA, INC. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF BTA, INC. OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.
BTA, INC. ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF BTA, INC., ITS AFFILIATES, ITS LICENSORS OR A USER'S OWN ERRORS AND/OR OMISSIONS.
BTA, INC. DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEB SITE WILL BE MAINTAINED. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL BTA, INC. OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING BTA, INC..COM OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE BTA, INC. OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF BTA, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
These terms and conditions shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the Superior Court of Los Angeles County, California, or the United States District Court for the Central District of California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
Notwithstanding any of these terms and conditions, BTA, Inc. reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site.
If any provision of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.