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Terms of Use

 

Terms and Conditions of Use
The following Terms and Conditions of Use apply to use of this Website.  Use of this Website is conditional on your agreement to these Terms and Conditions of Use.  If you do not agree with them, or if you do not comply with them during your use of this Website, you will not have the right to use this Website.  Your clicking on the button marked “Accept” and/or your continued use of this Website indicate your continued acceptance of these Terms and Conditions of Use.

Grant of Rights
Under The Baobab Tree, Inc. (“UTBT”) grants you a non-exclusive, non-transferable, limited right to access, use and display this Website and the materials provided on it solely for internal use by and on your behalf, as long as you comply fully with these Terms and Conditions of Use.  You agree not to interrupt, or attempt to interrupt, the operation of this Website in any way.

Copyright Notice
Copyright Under The Baobab Tree, Inc. 2008.  All rights reserved.  The Website is protected by copyright and other intellectual property rights as a collective work and/or compilation, pursuant to United States copyright laws, international conventions, and other copyright and intellectual property right laws.  You acknowledge that UTBT and/or its suppliers retain all right, title, and interest in and to all data, text, images, software, and other elements (including multimedia elements) displayed on this Website (the “Content”), and that your use of this Website and the Content does not grant you any ownership rights in this Website or Content.   You may access and download the Content by means of this Website, and make copies (including print copies) of limited portions of the Content, provided that such copies are used only for internal use for general business purposes.  You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, rent, lease, sublicense, time-share, lend or transfer or in any way exploit this Website or any portion or Content thereof except as permitted by these Terms and Conditions of Use or with the express written permission of UTBT or the applicable supplier of UTBT.  In the event that you obtain such permission, or download any portion of this Website for your own internal use as permitted by these Terms and Conditions of Use, you must reproduce all proprietary notices of UTBT or its suppliers on any copies or displays you make of the Content.  You may not remove or obscure any copyright notice of UTBT or any of its suppliers.  You agree not to use any trademarks, service marks, names, logos, or other identifiers of UTBT or of any third party without the prior written permission of UTBT or the relevant third party. All trademarks used on this Website are the property of their respective owners. 

General Disclaimers
Important information on the legal and regulatory position when using this Website and specific terms related to the Content displayed on it are provided on this Website are summarized below, and can be accessed by clicking the clearly marked link button.  It is your responsibility to be familiar with this information before and at all times when using this Website.

The information in this Website is given in good faith and has been derived from sources believed to be accurate and reliable.  UTBT has not independently verified any information on this Website.  Accordingly, UTBT gives no representation or warranty of reliability, completeness or accuracy of such information or endorse any information displayed or distributed through this Website.  You acknowledge that any reliance upon any such information is at your sole risk, and that this Website is for informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any financial product which may be referenced in this Website. Any opinions expressed do not necessarily represent the views of UTBT.  The views reflected may change without notice. 

When a User accesses certain links on this Website he/she may leave this Website.  UTBT does not accept any responsibility for information provided on any other website accessed through these links.

Electronic Communications
In connection with your use of this Website, you acknowledge and consent to the electronic recording (whether by computer for storage in a database, or by any other means) of any communication, electronic or otherwise, between you and UTBT or its representatives or agents by means of this Website. You acknowledge and consent to the recording, retention and use by UTBT and its employees, representatives, directors and agents of all information and data that you input during your use of this Website. 

Indemnification
You agree to indemnify, defend, and hold harmless UTBT and its directors, officers, employees, and agents from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to (i) your breach of any provision of these Terms and Conditions of Use, (ii) your use of this Website and/or Content in violation of these Terms and Conditions of Use, (iii) your violation of UTBT’s rights (including without limitation copyright, patent, trade secret, trademark, or other intellectual property rights), (iv) your violation of any applicable law, rule or regulation, (v) any failure to maintain the security of your User Names or Passwords; and (vi) any third party claims arising out of or relating to your use of, or inability to use, this Website.
DISCLAIMER OF WARRANTIES
THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, SERVICES, AND INFORMATION AVAILABLE ON OR ACCESSED BY MEANS THEREOF, IS PROVIDED “AS IS”.  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UTBT AND ITS  SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR (1) THE CURRENCY, ACCURACY, OR COMPLETENESS OF ANY INFORMATION AVAILABLE BY MEANS OF THE WEBSITE, (2) FOR ANY INFORMATION PROVIDED BY THIRD PARTIES AND ACCESSIBLE ON OR THROUGH THE WEBSITE, (3) FOR ANY “VIRUSES” OR MALICIOUS COMPUTER CODE TRANSMITTED ON OR THROUGH THE WEBSITE, OR (4) FOR ANY BREACH OF SECURITY OR UNAUTHORIZED ACCESS TO THE WEBSITE OR YOUR INFORMATION.

UTBT AND ITS SUPPLIERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.  UTBT AND ITS SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY SERVICES OR CONTENT THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE SERVER ON WHICH IT IS MADE AVAILABLE, OR ANY CONNECTED SYSTEM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY
USE OF THE WEBSITE IS AT YOUR OWN RISK.  YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, USE OF, OR ACCESS TO DATA, FILES, INFORMATION, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ON OR THROUGH THE WEBSITE.

EXCEPT TO THE EXTENT THAT LIABILITY UNDER ANY APPLICABLE LAW OR REGULATION CANNOT BE EXCLUDED, UTBT AND ITS SUPPLIERS ARE NOT LIABLE FOR LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING AS A RESULT OF (1) INFORMATION EXPRESSLY OR IMPLIEDLY PUBLISHED ON THIS WEBSITE, OR (2) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE, NOTWITHSTANDING ANY NEGLIGENCE, DEFAULT OR LACK OF CARE BY UTBT, OR THAT SUCH LOSS OR DAMAGE WAS FORESEEABLE.  NEITHER UTBT OR ITS SUPPLIERS SHALL HAVE ANY LIABILITY ARISING FROM YOUR INVESTMENT DECISIONS OR YOUR PURCHASES OF THIRD PARTY GOODS OR SERVICES BASED ON THE INFORMATION PROVIDED ON THE WEBSITE.

UNDER NO CIRCUMSTANCES SHALL UTBT, OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

User Information
Any material or information provided by you by means of this Website may be included in a database owned by UTBT in which UTBT shall have all right, title, and interest.  UTBT reserves the right to use any information you provide to UTBT by means of this Website, to the fullest extent permitted by law.

Assignment
These Terms and Conditions of Use and your rights and obligations hereunder may not be assigned by you without the written permission of UTBT and shall inure to the benefit of UTBT’s successors and assigns whether by merger, consolidation or otherwise.  UTBT shall have the right to assign these Terms and Conditions of Use or any of its rights or obligations under these Terms and Conditions of Use to any successor or assign of UTBT.

Amendments
UTBT reserves the right to vary or amend these Terms and Conditions of Use in any way.  Any amendments to these Terms and Conditions of Use will be made available at this Website and will be effective at the time of posting irrespective of when or whether they are seen by a user.  Users will be deemed to have accepted any change if they continue to access this Website after that time.  Users will not challenge the admissibility of any of our logs or records of information placed on this Website and our record of this Website is conclusive evidence of its contents.  It is the responsibility of any user to familiarize himself/herself with these Terms and Conditions of Use on accessing this Website.

UTBT may change, suspend, or discontinue any aspect of this Website at any time, including the availability of any services accessible by means of this Website.  UTBT may also impose limits on certain features or services or restrict your access to parts or all of this Website without notice or liability.

Termination
These Terms and Conditions of Use will apply to any access by Users to this Website and to use of User Names and Passwords.  On termination any relevant assigned User Name and Password will no longer provide access to this Website.  Termination of any agreement regarding access to this Website can be made by UTBT for any reason at any time.

Governing Law and Jurisdiction
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of California without regard to its conflicts of law provisions.  The exclusive forum for any disputes arising out of or relating to these Terms and Conditions of Use or your use of this Website shall be, at UTBT’s discretion, the forum agreed to in the agreement between the UTBT Customer and UTBT with respect to financial services or an appropriate federal or state court located in San Francisco County, California, and you irrevocably consent to the exclusive jurisdiction of such courts for these purposes.

General
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.  Failure by UTBT to enforce any provision of these Terms and Conditions of Use shall not be construed as a waiver of any provision or right.

These Terms and Conditions of Use constitute the entire agreement between you and UTBT with regard to the subject matter hereof; provided, however, that no provision of these Terms and Conditions of Use shall modify, alter, or supersede any of your rights or obligations as set forth in the agreement between the UTBT Customer and UTBT with respect to financial services. 

In any action brought in connection with these Terms and Conditions of Use, the prevailing party shall be entitles to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.