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Terms of Use

The following Terms of Use (“Terms”) govern your use of the Web sites controlled by Blumberg Capital Partners and/or American Ventures and their subsidiaries and affiliated entities ("Blumberg") and where these Terms are posted (collectively, the "Web Sites"). Please read this document carefully because by accessing or using the Web Sites you agree to be bound by these terms and conditions. If you do not agree to these Terms, please do not use our Web Sites or our services.

User Conduct
By accessing and using the Web Sites, you agree: (i) that you will comply with all applicable local, state, national, and international laws and regulations that govern your use of the Web Sites; (ii) not to disrupt or interfere with the security or accessibility of the Web Sites or any services offered in connection with the Web Sites; (iii) not to transmit any obscene or otherwise offensive content, viruses or other harmful files, or any type of unsolicited mass email through or in connection with the Web Sites; (iv) to provide truthful and accurate information about your identity if you choose to register on the Web Sites; and (v) not to attempt to gain unauthorized access to the Web Sites.

Ownership of Intellectual Property
All content published on the Web Sites (the “Contents”) is protected by applicable intellectual property laws and is owned or licensed by Blumberg. The information provided by the Web Sites is intended for personal, noncommercial use. Blumberg grants you a limited right to access and use the Web Sites. You may not modify, create a derivative work, display, distribute, perform publicly, or in any way exploit, in whole or in part, any of the content or software contained on, or comprising, the Web Sites without seeking prior written permission from Blumberg. You are also restricted from using any automated device or manual process to copy, monitor, index or data mine the Web Sites.

Blumberg Capital Partners, American Ventures, their respective logos, trade dress, and the graphics and layout of the Web Sites are the registered or unregistered service marks, trademarks, and/or trade dress of Blumberg and may not be copied, imitated or used, in whole or in part, without Blumberg’s prior written permission. All other trademarks, product names, and company names or logos mentioned on the Web Sites are the property of their respective owners.

Blog/User-Generated Comments
The Philip Blumberg Blog (“Blog”), located at http://www.blumbergblog.com/, provides investment information for the non-commercial, personal use of Internet users.  Blumberg does not guarantee the truthfulness, accuracy, or validity of any comments posted to the Blog. If you choose, you may post a comment to the Blog. You may not submit any comments containing content that is obscene, defamatory, harassing, threatening, pornographic, illegal, or would violate the rights of others and Blumberg reserves the right to delete or edit any comments that it considers inappropriate or unacceptable, in its sole discretion. By submitting a comment to the Blog, you expressly grant Blumberg a worldwide, non-exclusive, royalty-free, irrevocable license to publish, modify, reproduce, display, distribute, and use such content for any purpose without further notice or consent and you waive any moral rights you may have in any such content. By submitting a comment for publication on the Blog, you warrant that you have all rights in and to the content you submit or that you have express authorization from the copyright owner to do so. Blumberg may use e-mail validation to reduce “comment spam."

DISCLAIMERBlumberg does not guarantee the accuracy of any information or opinions provided by the Blog and reserves the right, in its sole discretion, to modify or remove any content from the Blog at any time and for any reason. The information provided by the Blog is for general information purposes only and should not be considered financial or investment advice. Before making any investment decisions, Blumberg recommends that you seek the advice of a qualified financial professional.

Privacy Policy
If you choose to provide Blumberg with personal information about yourself, Blumberg will handle your information according to the terms of its Privacy Policy.

Linking
You are granted a limited, revocable, non-exclusive right to create a hyperlink to the Web Sites on the condition that the link does not portray Blumberg in a false, misleading, derogatory or otherwise defamatory manner.

Indemnification / Disclaimer of Warranties and Liability
The Web Sites may contain links to Web sites owned or operated by non-affiliated third parties. Please be aware that Blumberg is not responsible for the content provided by or privacy practices of third party Web sites. Blumberg encourages users to be aware when they leave our Web Sites and to read the Terms of Use of the other Web sites you visit.

You agree to indemnify and hold Blumberg, its subsidiaries, affiliated companies, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Web Sites, your access or use of the Web Sites, your violation of these Terms, or your violation of any rights of a third party.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITES IS AT YOUR SOLE RISK. THE WEB SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. BLUMBERG DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED BY THE WEB SITES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BLUMBERG PROVIDES NO WARRANTY WITH RESPECT TO THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, OR RELIABILITY OF THE WEB SITES OR THE CONTENT PROVIDED THEREON.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL BLUMBERG BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, LOST PROFITS OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR LOSS OF THE DATA CONTAINED WITHIN THE WEB SITES. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, BLUMBERG’S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

DMCA Policy – Copyright Claims
Blumberg respects the intellectual property rights of others. If you believe that the Web Sites contain material that infringes on a copyright you own, you may file a Notification of Claimed Infringement (“Notification”) with our designated DMCA agent as specified below:

Scott Hunsaker
Locke Lord Bissell & Liddell LLP
Attn: DMCA Agent – Blumberg Websites
600 Travis, Suite 3400
Houston, Texas  77002
(713)226-1279
Fax (713)223-3717
shunsaker@lockelord.com

To be effective under the DMCA, the Notification must be a written communication sent to Blumberg’s designated agent and must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work claimed to be infringed;
  3. Identification of the material that is claimed to be infringing in sufficient detail for Blumberg to be able to identify the claimed infringing material;
  4. Contact information for the complaining party, such as an address, telephone number, and email address;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner identified is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Upon receipt of a Notification from a copyright owner that contains the required information described above, Blumberg will remove or disable access to the material contained on its Web Sites that is alleged to be infringing.

Applicable Law
These Terms shall be governed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. By accessing or using the Web Sites, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Miami-Dade County for resolution of any disputes arising out of or relating to these Terms or your use of the Web Sites.

Termination
Blumberg reserves the right, in its sole discretion, to terminate or block your access to the Web Sites at any time and without notice, for any reason.

No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.

Waiver & Severability
Any failure by Blumberg to exercise or enforce any right under these Terms shall not constitute a waiver of such right. If any portion of these Terms is held to be unenforceable, that portion shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions contained herein.
Changes to this Policy
Blumberg reserves the right, at any time and without notice, to update or modify these Terms, the Web Sites, or the services offered by Blumberg in connection with the Web Sites by posting such change, update or modification on the Web Sites. Any such update or modification will be effective immediately upon posting. Your continued access or use of the Web Sites and/or any services provided in connection with the Web Sites will confirm your acceptance of any modifications to these Terms.

Contact Blumberg
If you have any questions about these Terms, please contact us by e-mail at info@blumbergcapitalpartners.com or write to us:

BLUMBERG CAPITAL PARTNERS
Corporate Offices
Attn: Blumberg Privacy Policy
255 Alhambra Circle
Suite 1100
Coral Gables, FL 33134

 

Terms of Use last updated: November 13, 2008

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