JacalynSBurke.com provides certain Services to users, as described below.
The TOU may be updated by us without notice to you. Users who violate the terms of this TOU may be permanently banned from using the Services.
- In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from using the Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself.
- For certain Services (for example, participation in a Discussion Board), you may receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. For other Services (for example, commenting on articles and news events), you are required to register your name and email address prior to posting messages. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
- You understand that any message posted by a User of our Services expresses only the views of the User and does not reflect the views of JacalynSBurke.com. From time to time, JacalynSBurke.com may use moderators and administrators (“Administrators”) to monitor the content and appearance of posted messages. Considering the real-time nature of the Services, it is impossible for us to monitor or review every message.
- You understand that all information: data, text, software, music, sound, photographs, graphics, video, messages, tags, links or other materials placed by Users using the Services, including by way of any attachment thereto (the “Content”) are the sole responsibility of the person from whom such Content originated. This means that you, and not JacalynSBurke.com are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through use of the Services.
- JacalynSBurke.com does not control the Content posted by Users of its Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, defamatory or otherwise objectionable. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL JacalynSBurke.com BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY OFFENSIVE, INDECENT, DEFAMATORY OR OTHERWISE OBJECTIONABLE NATURE OF ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OR VIEWING OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY USERS OF THE SERVICES.
- You agree that you will not use our Services to:
(a) upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(c) upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(d) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(e) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
(f) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
- You acknowledge that the Administrators and/or the ABA may or may not pre-screen the Content provided by Users of its Services. You acknowledge that the Administrators or their designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content from the use of its Services. Without limiting the foregoing, the Administrators and their designee shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
- You acknowledge, consent and agree that the Administrators may access, preserve and disclose your account information and the Content you have posted by Users of the Services if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in the sole opinion of the Administrators to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Administrators, its Users and the public.
- YOU AGREE TO INDEMNIFY AND HOLD JacalynSBurke.com AND ITS ASSOCIATED ENTITIES HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (I) CONTENT YOU MADE AVAILABLE THROUGH YOUR USE OF THE SERVICES; (II) YOUR VIOLATION OF THE TOU; OR (III) YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
- You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any purpose, any portion or information from your use of the Services, including member names and email addresses, or access to the Services.
- You agree that JacalynSBurke.com may, under certain circumstances and without prior notice, immediately terminate your access to the Services and/or impose disciplinary action up to and including termination of employment, if applicable. Cause for such measures shall include, but not be limited to: (a) breaches or violations of the TOU or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Services; (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; and/or (g) engagement by you in fraudulent or illegal activities. You further agree that all such measures shall be made in JacalynSBurke.com’s sole discretion and that JacalynSBurke.com shall not be liable to you or any third party for any measure taken concerning your account access and/or disciplinary action, up to and including termination of employment, if applicable.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JacalynSBurke.com AND ITS AFFILIATED ENTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
JacalynSBurke.comAND ITS ASSOCIATED ENTITIES OFFICERS, EMPLOYEES, MEMBERS AND ITS AGENTS MAKE NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (IV) ANY ERRORS IN THE SOFTWARE USED TO PROVIDE THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY WHATSOVER.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT JacalynSBurke.com– AND ITS ASSOCIATED ENTITIES, OFFICERS, EMPLOYEES, MEMBERS AND ITS AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE ABA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE USE OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.
- EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- COPYRIGHT AND INTELLECTUAL PROPERTY POLICY
It is JacalynSBurke.com’s policy in appropriate circumstances and at its discretion to disable and/or terminate the accounts of Users who may be repeat infringers of the copyright and intellectual property rights of others.
QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by using our Contact information.
Jacalyn S. Burke
New York, NY