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Terms of Use - Terms of Service

Use and Acceptance

This Web site (the "Site"), and any content and/or publication and/or tools and/or services offered and/or provided (collectively, the "Services" or "CONTENT") by BankruptcyMisconduct.com and/or its designated agents, officers, representatives, attorneys, associates, contributors, authors, trustees, or subsidiaries (collectively, the "Hosts") through this Site , are offered to you conditioned upon your acceptance without modification of these Terms of Use. All CONTENT originating or derived from this Site shall be governed by these Terms of Use (hereinafter, the "TERMS" or "Terms of Use"), and you expressly acknowledge your obligation to inform any party with whom you share, receive, deliver, refer, direct or forward CONTENT of the TERMS and their obligations and responsibilities with respect to the CONTENT. By using this Site or any Services, you agree to these Terms of Use. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, you may not use this Site or any Services offered or provided through this Site.

Modification

We may change these Terms of Use from time to time without notice to you. You should review these Terms of Use each time you use this Site or a Service to make sure you agree to them. By using this Site or Services or engaging in any of the activities described in these Terms of Use after changes have been made to these Terms of Use, you are agreeing to accept and comply with those changes.

Authorized Use; Copyrights and Trademarks

This Site and the Services may contain copyrighted works and trademarks and other proprietary material owned by us or our content providers. You may use the information available from this Site for informational purposes only. You hereby acknowledge the ownership by us and / or Hosts in their ownership of Content on this site agree that any use of Content from this Site shall be under these Terms of Use including its broad indemnification provisions. You may print copies of pages from this Site for your personal purposes, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear, on the pages copied as well as a reference to these Terms of Use at your expense. The availability of third party data from or through this Site is not to be used as a substitute for a license or services agreement directly with the relevant content provider. Except as stated above, you may not copy, reproduce, publish, post, transmit, display, store, sublicense, transfer or distribute material or images from this Site without our express written permission or that of our content providers, as applicable ("Permission"). You may not modify, alter, revise, paraphrase, omit, or change any material or images on or from this Site without Permission. You may not create derivative works, whether based in whole or in part upon the information on this Site or any portion thereof without Permission. You may not modify, amend, reduce the size of or in any way obscure any warning, notice, liability limitation, or other license provision in material or images on or from this Site. Nothing contained on this Site and/or the Services should be construed as granting, by implication, estoppel or otherwise, any license or right in and to our trademarks or copyrighted material. The information contained in this Site is subject to change without notice.

We reserve the right to prohibit access to anyone whom we determine are violating these Terms of Use, restricting or inhibiting any other user from using or enjoying the Site, or whose conduct we reasonably determine may constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

Limited Availability, Eligibility

Not all Services mentioned on this Site may be available in all geographic areas. Your eligibility for particular products or Services is subject to final determination by us and/or the applicable content provider.

Limitation of Liability

BY ACCESSING THIS SITE OR RECEIVING ANY SERVICES, YOU AGREE TO WAIVE ALL CLAIMS AGAINST US AND ALL THIRD PARTY CONTENT PROVIDERS DESIGNATED BY US REGARDING THIS SITE, THE INFORMATION PROVIDED ON THIS SITE AND ANY INFORMATION RECEIVED BY YOU AS A RESULT OF USING THE SERVICES, AND ANY USE BY YOU OF SUCH INFORMATION. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE OR ITS CONTENTS OR SERVICES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOOD WILL, BUSINESS INTERRUPTION, USE, DATA, EQUIPMENT OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM (1) THE USE OF OR INABILITY TO USE THIS SITE OR ANY SERVICES (2) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU OR BY ANYONE TO WHOM YOU COMMUNICATE SUCH INFORMATION, OR FOR ANY ERRORS BY YOU IN COMMUNICATING SUCH INFORMATION; (3) THE COST OF SUBSTITUTE SERVICES; OR (4) ANY OTHER MATTER RELATING TO THE CONTENT, SERVICES, OR DISTRIBUTION OF SERVICES THROUGH THIS SITE. WE SHALL NOT BE LIABLE FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, PROCEDURE, OR SERVICE OBTAINED THROUGH THIS SITE.

OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OF USE, THE SITE, ANY SERVICES, OR THE PRIVACY POLICY IS YOUR CESSATION OF THE USE OF THIS SITE AND ANY AND ALL SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

WE CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR FRAUDULENT USE OF THIS SITE AND ANY SERVICES.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD Hosts including ANY THIRD PARTY CONTENT PROVIDERS DESIGNATED BY US WHICH PROVIDE CONTENT FOR THIS SITE OR THE SERVICES (EITHER THROUGH LINKS OR OTHERWISE), HARMLESS FROM ANY LOSS, INCLUDING REASONABLE ATTORNEYS' FEES, RELATED TO ANY CLAIM OR MADE BY YOU OR ANY THIRD PARTY RELATING TO CONTENT YOU SUBMIT, POST TO OR TRANSMIT THROUGH THIS SITE, POST TO OR TRANSMIT FROM THIS SITE, RECEIVE FROM THIS SITE, YOUR USE OF THE SITE OR THE SERVICES, YOUR CONNECTION TO THE SITE, YOUR VIOLATION OF THESE TERMS OF USE, OR ANY HARM YOU CAUSE ANOTHER USER. YOU FURTHER AGREE TO INDEMNIFY Hosts FOR ANY CLAIM, COST, OR EXPENSE ARISING FROM CONTENT RELATED TO THE SITE, AND ACKNOWLEDGE THAT ALL CONTENT IS CONSIDERED OPINION, SATIRE, AND FREE SPEECH OF AN EDUCATIONAL PURPOSE AND INTENDED TO INSPIRE INDEPENDENT RESEARCH, ANALYSIS, AND THOUGHT ON ISSUES RELATED TO THE CONTENT. YOU FURTHER AGREE TO REIMBURSE Hosts FOR ALL COSTS, TIME, OR INJURY SUSTAINED IN DEFENDING, COUNTERING, OR RESPONDING TO ANY ACT BY YOU OR YOUR AGENTS OR COUNSEL OR YOUR CLIENTS OR THIRD PARTY TO WHOM YOU TRANSMIT CONTENT OR THIRD PARTY FROM WHOM YOU RECEIVED CONTENT 1) IN VIOLATION OF THE TERMS OR 2) WHICH COULD BE PERCEIVED TO VIOLATE THE PURPOSE AND INTENT OF THESE TERMS OR THIS INDEMNIFICATION. IN THE EVENT THAT YOU, OR ANY THIRD PARTY OR AGENT ACTING IN YOUR EMPLOY, OR AS YOUR EMPLOYER, OR ON YOUR BEHALF, OR AS YOUR AGENT, OR AS YOUR ATTORNEY OR COUNSEL, OR A PARTY WITH WHOM YOU DID share, receive, deliver, refer, direct or forward CONTENT, CAUSE ANY HARM, COST, INTERRUPTION IN SERVICE, OR LOSS TO THE SITE, Hosts OR AN AUTHOR OF CONTENT ("Harm"), THEN LIQUIDATED DAMAGES PAYABLE FROM YOU, JOINT AND SEVERALLY BY YOU AND ALL PARTIES ACTING IN CONCERT WITH YOU OR ON YOUR BEHALF, SHALL BE CALCULATED AS FOLLOWS: THE GREATER OF A) THE SUM ALL COSTS, DAMAGES, AND AMOUNTS DETERMINED BY Hosts RELATED TO THE Harm, AND B) AN AMOUNT EQUAL TO 1.9 MULTIPLIED BY THE SUM OF THE AVERAGE TOTAL GROSS INCOME OF EACH PERSON CONTRIBUTING TO THE Harm WHICH YOU CAUSED, INSTIGATED, WERE INVOLVED WITH, HIRED, DIRECTED, ORDERED, ALLOWED, OR TACITLY APPROVED. FOR PURPOSES OF THE LIQUIDATED DAMAGES CALCULATION, THE AVERAGE SHALL SPAN UP TO THREE GROSS ANNUAL INCOME AMOUNTS FOR YEARS PRECEDING EACH ACT OF Harm, HOWEVER ONLY NUMBERS GREATER THAN ZERO SHALL BE UTILIZED. YOU AGREE THAT ANY Harm, INCLUDING THE MERE SUPPRESSION OF FREE SPEECH SUCH AS INTERRUPTION OF SERVICE OR INTERRUPTION OF THE FUNCTION OF THE SITE, IS A GRIEVOUS TORT UPON THE Hosts AND THE AUTHORS OF CONTENT ("Speech Suppression"). YOU AGREE THAT ANY ACTION TAKEN, INSTIGATED, CAUSED, OR INFLUENCED BY YOU, OR YOUR ASSOCIATES OR AGENTS OR EMPLOYERS, WHICH CAUSES Harm OR Speech Suppression IS AN INSTANCE OF Harm, IRRESPECTIVE OF ANY INDEPENDENT OR ALTERNATIVE ARGUMENT OR JUSTIFICATION FOR SUCH Harm THAT MAY ORIGINATE INDEPENDENT OF THE CONTENT. YOU ALSO AGREE THAT ANY IMMUNITY HELD BY AN GOVERNMENT ENTITY WITH RESPECT TO Harm SHALL NOT BENEFIT, APPLY TO, OR INURE TO YOU, YOUR EMPLOYER, AGENTS, COUNSEL, OR ASSOCIATES. BY WAY OF EXAMPLE WITHOUT LIMITATION, IF AFTER YOU ENJOYED THE CONTENT, YOU CAUSED Speech Suppression BY VOLUNTARILY INFORMING TO A GOVERNMENT ENTITY THAT THE SITE WAS NOT IN COMPLIANCE WITH A SPEECH ENABLING PERMIT, YOU ACKNOWLEDGE SUCH IS AN ACT OF Harm, IRRESPECTIVE OF ANY DEMONSTRATION OF INTENT, OR MOTIVATION FOR RETALIATION OR RETRIBUTION.

Disclaimers

SOME OF THE CONTENT ON THIS SITE OR THE SERVICES MAY BE PROVIDED BY THIRD PARTY CONTENT PROVIDERS AND USERS. WE ARE A DISTRIBUTOR AND NOT A PUBLISHER OF SUCH CONTENT AND HAVE NO CONTROL OVER IT. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS OR OTHER INFORMATION GIVEN OR PROVIDED BY THIRD PARTIES (INCLUDING MERCHANTS AND LICENSORS) ARE THOSE OF THE RESPECTIVE AUTHORS OF SUCH CONTENT AND NOT OURS.

ALTHOUGH WE USE REASONABLE EFFORTS TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION THROUGH THIS SITE, WE AND THE CONTENT PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY, OR COMPREHENSIVENESS OF CONTENT ON THIS SITE AND ANY SERVICE. THE INFORMATION CONTAINED ON THIS SITE AND ANY SERVICE IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION CONTAINED ON THIS SITE AND ANY SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE AND THE CONTENT PROVIDERS CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE AND ANY SERVICE WILL BE FREE FROM INFECTIONS OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE WITH CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU HEREBY AGREE TO RELEASE AND HOLD US HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, EXPENSES OR DAMAGES RELATING TO ANY DISCLAIMED WARRANTY DESCRIBED IN THIS PARAGRAPH.

THE INFORMATION PROVIDED IN ANY SERVICE OR IN THIS SITE IS NOT INVESTMENT OR LEGAL ADVICE. INFORMATION RECEIVED VIA THIS SITE OR THE SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. THE INFORMATION CONTAINED IN THIS SITE, INCLUDING THE INVESTOR RELATIONS SECTION (INCLUDING, WITHOUT LIMITATION, STOCK QUOTES, STOCK CHARTS, AND SEC FILINGS) AND ANY ADDITIONAL CONTENT IS PUBLISHED SOLELY FOR INFORMATION PURPOSES AND IS NOT A SOLICITATION NOR AN OFFER TO BUY OR SELL ANY STOCK, MUTUAL FUND, OR OTHER SECURITY, NOR SHOULD IT BE USED IN CONNECTION WITH ANY SALE, OFFER FOR SALE OR SOLICITATION OF AN OFFER TO BUY SECURITIES OR ANY OTHER INSTRUMENT. SUCH INFORMATION DO NOT ATTEMPT OR CLAIM TO BE A COMPLETE DESCRIPTION OF THE SECURITIES, MARKETS, OR DEVELOPMENTS REFERRED TO IN THE MATERIAL. ALL EXPRESSIONS OF OPINION ARE SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION ARE OBTAINED FROM INTERNAL AND EXTERNAL SOURCES WHICH WE CONSIDERS RELIABLE, BUT WE HAVE NOT INDEPENDENTLY VERIFIED SUCH INFORMATION AND WE DO NOT GUARANTEE THAT IT IS ACCURATE OR COMPLETE. WE, OUR EMPLOYEES, AND OFFICERS AND DIRECTORS, MAY FROM TIME TO TIME HAVE POSITIONS IN THE SECURITIES MENTIONED AND MAY SELL OR BUY SUCH SECURITIES. INVESTMENT PRODUCTS ARE NOT BANK DEPOSITS OR INSURED BY THE FDIC OR OTHER ENTITY AND ARE SUBJECT TO INVESTMENT RISKS, INCLUDING LOSS OF THE PRINCIPAL AMOUNT INVESTED.

WE ARE NOT PROVIDING INVESTMENT ADVICE, ACTING AS A FIDUCIARY OR ENDORSING ANY COMPANY, PRODUCTS, SERVICES OR SECURITIES BY PUBLISHING ANY INFORMATION CONTAINED IN THIS SITE. SUCH INFORMATION IS NOT INTENDED FOR TRADING PURPOSES OR FOR ANY PURPOSE OTHER THAN YOUR PERSONAL USE. IN PARTICULAR, STOCK QUOTES APPEARING IN THIS SITE MAY BE DELAYED BY AT LEAST 20 MINUTES. WE MAKE NO REPRESENTATION REGARDING THE ACCURACY OR TIMELINESS OF ANY SUCH INFORMATION AND SHALL HAVE NO LIABILITY FOR INVESTMENT OR OTHER DECISIONS BASED UPON THIS INFORMATION. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THIS INFORMATION, INCLUDING MARKET VALUE LOSS ON THE SALE OR PURCHASE OF SECURITIES OR OTHER INSTRUMENTS OR OBLIGATIONS.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THAT THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, SUCH DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Severability

If a court determines that any Term of Use is illegal or unenforceable, then such term will be eliminated and the remaining Terms of Use will remain in force and effect. In no event shall any delay, failure to discover or forbearance on the part of Hosts in enforcing (in whole or in part) any provision of the TERMS be or be deemed to be a waiver thereof or a waiver of any other provision or shall in any way prejudice any right of Hosts under the TERMS.

Entire Agreement; Jurisdiction And Choice Of Law And Forum

These Terms of Use constitute your entire agreement with us regarding this Site and any Services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and us with respect to the Site or the Services. This Site and/or the Services may not comply with legal requirements of foreign countries, therefore the Site, its contents, and the Services are intended only for access and use by United States residents and are presented solely as a service to visitors and/or subscribers located in the United States of America and its territories. These Terms of Use are governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You expressly and irrevocably agree that exclusive jurisdiction and venue for any claim or dispute with us, our employees, contractors, officers, directors, and content providers or relating in any way to your use of this Site or the Services resides in the state or federal courts in New York City, New York and you further irrevocably agree and expressly and irrevocably consent to the exercise of personal jurisdiction in those courts over any action brought under these Terms of Use. We and you hereby waive the right of trial by jury in any action arising out of or related to the Site, Services or these Terms of Use.

Submissions

You agree to provide true, accurate, current and complete information about yourself when you elect to provide personal information to us. You also agree to maintain and promptly update any such information to keep it accurate. Other than information addressed under our Online Privacy Policy, any and all comments, suggestions, ideas, graphics, or other information that you transmit or post to the Site becomes and will remain our property and may be used by us anywhere, anytime and for any reason whatsoever. Except as may be provided in the Online Privacy Policy, any information or materials submitted to us will be treated as non-confidential and non-proprietary, and we will not have any obligation to use or evaluate any information we receive from you. We will not have to pay you or anyone else for using any ideas or other materials that you may transmit to or post on the Site.

Links To Other Web Sites

This Site provides links to other Web sites that we think might be of interest to our users ("Linked Sites"). Please note that when you click on one of these links, you may be moving to another provider's Web site. These Linked Sites and their providers are not controlled by us, and we are not responsible for the contents or the proper operation of any Linked Site. The inclusion of any link does not imply our endorsement. We encourage you to read the terms of use and privacy statements of these Linked Sites as their policies may differ from ours.