Terms and Conditions of Use
Terms
By accessing this web site, you are agreeing to be bound by these web site terms and conditions of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
Use License
a. Permission is granted to temporarily download one copy of the materials (information or software) on the Neponset Bay Capital (“Neponset”) web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Neponset’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Neponset at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Disclaimer
This web site may include forward-looking statements. All statements other than statements of historical fact are forward-looking statements (including words such as “believe,” “estimate,” “anticipate,” “may,” “will,” “should,” and “expect”). Although we believe that the expectations reflected in such forward-looking statements are reasonable, we can give no assurance that such expectations will prove to be correct. Various factors could cause actual results or performance to differ materially from those discussed in such forward-looking statements.
Past performance is not indicative of any specific investment or future results. Views regarding the economy, securities markets or other specialized areas, like all predictors of future events, cannot be guaranteed to be accurate and may result in economic loss to the investor.
Any information provided by Neponset regarding historical market performance is for illustrative and education purposes only. Clients or prospective clients should not assume that their performance will equal or exceed historical market results and/or averages.
The material listed in this website is current as of the date noted, and is for informational purposes only, and does not contend to address the financial objectives, situation, or specific needs of any individual investor. Any information is for illustrative purposes only, and is not intended to serve as investment advice since the availability and effectiveness of any strategy is dependent upon your individual facts and circumstances. Results will vary, and no suggestion is made about how any specific solution or strategy performed in reality.
Neponset does not make any representations or warranties as to the accuracy, timeliness, suitability, completeness, or relevance of any information prepared by any unaffiliated third party, whether linked to Neponset web site or incorporated herein, and takes no responsibility therefor. All such information is provided solely for convenience purposes only and all users thereof should be guided accordingly.
Unless specifically stated to the contrary, Neponset does not endorse the statements, services or performance of any third-party vendor or investment manager.
Specific securities identified and described may or may not be held in portfolios managed by Neponset and do not represent all of the securities purchased, sold, or recommended for advisory clients. The user should not assume that investments in the securities identified and discussed were or will be profitable. Any securities identified were selected for illustrative purposes and not based on their performance.
This web site is owned by Neponset. This web site and any and all accompanying screens, information, materials, user documentation, user interfaces, images, arrangements of information, related software and other proprietary property of Neponset or its licensors accessible via the web site is and shall remain the exclusive property of Neponset and its licensors, as the case may be. All rights to the web site remain with Neponset or its licensors.
Limitations
In no event shall Neponset or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Neponset’s web site, even if Neponset or a Neponset authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and Errata
The materials appearing on Neponset’s web site could include technical, typographical, or photographic errors. Neponset does not warrant that any of the materials on its web site are accurate, complete, or current. Neponset may make changes to the materials contained on its web site at any time without notice. Neponset does not, however, make any commitment to update the materials.
Privacy
For information on how Neponset collects, uses and discloses information from its users of the web site, please review the Privacy Policy. Your use of the web site indicates your consent to the data practices stated in the Privacy Policy.
Indemnification
As a condition to your use of the web site, you agree to indemnify, defend and hold harmless Neponset and its affiliates and representatives against any and all claims, liabilities, damages, costs or other expenses (including, without limitation, attorneys’ fees) that may arise directly or indirectly out of or from your breach of these terms of use and/or your use of the web site or resulting from any action (or inaction) you take or decision you make in reliance on the information contained on the web site.
Site Terms of Use Modifications
Neponset may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
Severability and Waiver
If any provision of these terms of use is found to be invalid, void, or for any reason unenforceable, it will be construed in such a manner that would make the provision valid or enforceable. If it is not possible to construe the provision in such a manner that would make it valid or enforceable, then only the term or portion of the provision that renders it unenforceable will be stricken without affecting the enforceability of the remaining provisions. Any failure of Neponset to act on or enforce any provision of these terms of use shall not be construed as a waiver of that provision or any other provision of these terms of use.
Governing Law and Venue
The web site is made available to you from the Commonwealth of Massachusetts in the United States. If you elect to access and/or use the web site from outside of the United States, we make no warranties that materials on this site are appropriate or available for use in such locations. You agree that you are solely responsible for compliance with any laws of your specific jurisdiction and further agree that you shall not use the web site if you are restricted by any local, state, national or international laws. The laws of the Commonwealth of Massachusetts, without regard to its principles of conflict of laws, will govern these terms of use (including any disputes concerning or related to these terms of use). You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts sitting in Boston, Massachusetts for the purpose of resolving any dispute relating to your access to or use of the web site. Notwithstanding the foregoing, you expressly acknowledge and agree that Neponset may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to exclusive jurisdiction and venue in such courts. You agree that this may require you to submit any disputes related to the use of the web site to final and binding arbitration in the Commonwealth of Massachusetts.
Class Action and Arbitration
By using the Site, you agree that if any dispute should arise between you and Neponset, you will bring your claim on an individual basis and waive your right to pursue any claim in a class action.
You agree that Neponset, at its sole discretion, may require you to submit any disputes arising from the use of the web site, related services or these terms of use, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration (the “Rules”) of the American Arbitration Association, by one or more arbitrators appointed in accordance with the Rules. You agree with Neponset that this section satisfies the writing requirement of the Federal Arbitration Act. Notwithstanding the Rules, however, such proceeding shall be governed by the laws of the Commonwealth of Massachusetts and will take place in Boston, Massachusetts.
Contact
Please contact us at info@neponsetbaycapital.com if you have any questions about our site or these terms of use. Electronic mail or other communications through this web site to Neponset (or any of its employees, agents or representatives) may not be secure and we do not guarantee the confidentiality of such communications.
