Terms and Conditions of Use
Please read these terms and conditions carefully before using this website (www.BrudermanBrothers.com, together with its content and any sub-websites are hereinafter referred to as the "Site"). By accessing the Site you are indicating that you have read, acknowledge and agree to be bound by these Terms and Conditions of Use (also herein referred to as the "Agreement"). Your use of the Site indicates that you have accepted the Agreement, and that the Agreement is as legally binding as if you had signed a written document. If you do not agree to all these Terms and Conditions of Use, do not access this Site.
Bruderman Brothers, LLC. ("BB") and its affiliates (also herein referred to as "Us" or "We") may change these Terms and Conditions of Use, and you are responsible for regularly reviewing and complying with the same. Your continued use of this Site constitutes your agreement to the Terms and Conditions of Use.
PLEASE NOTE THAT THIS AGREEMENT CONTAINS IMPORTANT SECTIONS BELOW, INCLUDING A PROVISION REQUIRING YOU TO LITIGATE IN NEW YORK, NY ALL DISPUTES RELATING TO YOUR USE OF THIS SITE.
BB provides the Site for your informational purposes only. Subject to these Terms and Conditions of Use, BBI grants you a revocable, non-exclusive, non-transferable, limited right to display the Site and download any material displayed on the Site (the "Materials") solely to view general information regarding the business of BBI and its affiliates and/or for your personal noncommercial use. This right does not include the right to reproduce, modify, make collections or compilations of, distribute, or publicly display the Site or the Materials. You are not permitted to resell or transfer any information obtained from this Site to anyone else. You may not transfer the Materials to any other person or entity. You must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained on the Site or in the Materials. We may terminate your access to the Site or any part of it at any time with or without notice, in our sole discretion, at which time you must destroy or delete all copies of the licensed materials.
You agree not to interrupt or attempt to interrupt the operation of the Site in any way.
BB is a registered broker-dealer with the Financial Industry Regulatory Authority and the United States Securities and Exchange Commission, and is a member of the Securities Investor Protection Corporation.
Disclaimers of Warranty
THE INFORMATION, PRODUCTS AND SERVICES ON THE SITE ARE PROVIDED ON AN "AS IS," "WHERE IS" AND "WHERE AVAILABLE" BASIS AND ARE USED ONLY AT YOUR SOLE RISK.
WE AND OUR AFFILIATES, AGENTS AND LICENSORS EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, TITLE, NON-INFRINGEMENT, OF ERROR-FREE OR UNINTERRUPTED SERVICES, OR THAT THE INFORMATION ON THIS SITE WILL MEET YOUR NEEDS OR EXPECTATIONS.
WE DO NOT WARRANT, GUARANTY, OR MAKE ANY REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED, OR ASSUME ANY LIABILITY TO YOU, INCLUDING REGARDING (I) THE USE OF OR THE RESULTS OF ACCESS TO THE SITE OR ANY DELAY OR LOSS OF OR LIMIT ON ACCESS TO OR USE OF THE SITE, OR (II) SYSTEM PERFORMANCE AND EFFECTS ON OR DAMAGES TO SOFTWARE AND HARDWARE IN CONNECTION WITH ANY USE OF THE SITE. WE SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY THE TRANSMISSION THROUGH THE SITE OF A COMPUTER VIRUS, OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF THE SITE OR ANY OF YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY. EXCEPT AS OTHERWISE REQUIRED BY LAW, WE SHALL HAVE NO LIABILITY FOR LOSSES CAUSED BY THE NEGLIGENCE, ACTIONS OR FAILURE TO ACT OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, YOUR INTERNET ACCESS PROVIDER.
Nothing contained on the Site constitutes financial, legal, tax or other advice, nor is any information or material on the Site to be deemed a recommendation to buy or sell any securities or is to be relied upon for the purpose of making or communicating investment or other decisions. Any transactions listed on the Site are included only as representative transactions.
Limitations of Liability
BB AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT HAVE ANY RESPONSIBILITY WHATSOEVER AND SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR SAVINGS OR OTHER ECONOMIC HARM YOU MAY INCUR OR SUFFER (REGARDLESS OF WHETHER SUCH DAMAGES ARE REASONABLY FORESEEABLE AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE) FROM (I) YOUR ACCESS TO OR USE OF THE SITE OR ANY RELIANCE BY YOU ON THE SITE, OR INABILITY TO ACCESS THE SITE, (II) THE RELIABILITY, ACCURACY, COMPLETENESS OR TIMELINESS THEREOF, (III) ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY INFORMATION OR ANY PART OF THE SITE, (IV) THE INTERCEPTION OR USE BY THIRD PARTIES OF ANY INFORMATION YOU PROVIDE TO US, OR (V) ANY OTHER REASON.
IN ANY EVENT OUR COMPLETE LIABILITY (AND THAT OF ANY OF OUR AGENTS OR LICENSORS) TO YOU FOR ANY REASON IN NO EVENT CUMULATIVELY SHALL TOTAL MORE THAN $500.00.
All right, title and interest in the Site is the exclusive property of BB, except as otherwise stated. You may not access, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in whole or in part any part of the Site, except for the purposes expressly provided herein, without our prior written approval. If you download any information or software from the Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.
Bruderman Brothers, LLC, the BB logo and other BB trademarks that appear on the Site are trade names and trademarks of Bruderman Brothers, LLC. The names of other actual companies and third-party products or services that may be mentioned herein are the trade names or trademarks of their owners. You may not use any trademarks for any purpose including, but not limited to, use as metatags on other sites on the World Wide Web without the prior written permission of BB or the third-party which owns the marks.
Use of Links
The information on the Site is made available for informational purposes only. None of the information contained on the Site constitutes a solicitation or offer by BB to buy or sell any securities or other financial instruments or provide any investment advice. The information on the Site is limited to the dissemination of general information regarding BB's services. The information and services provided on the Site are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where BB is not authorized to provide such information or services. Some services described in the Site may not be available in all jurisdictions or to all clients.
Information Provided By You
Do not send any confidential or proprietary information to BB via the Site. No information or materials that you provide to BB via the Site will be considered or treated as confidential or proprietary. By providing any such information or materials to BB, you grant to BB an unrestricted, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, publicly display, publicly perform, transmit and distribute such information and materials, and you further agree that BB is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to BB. You agree not to use the Site to distribute, email or post any advertising, promotion or solicitation without BB's prior written approval. You agree not to use the Site to upload, display or distribute any materials that are defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporate the copyrighted, confidential or proprietary material of any other person or entity.
You hereby indemnify and hold harmless BB and its directors, officers, employees, affiliates, control persons, vendors, licensors and agents, from and against any and all claims, actions, proceedings, losses, liabilities, damages, costs and expenses (including reasonable attorneys' and experts' fees and costs) arising out of or related to (i) any use or access by you (or on your behalf) of the Site; (ii) any breach by you of any agreements, or representations and warranties contained in these Terms and Conditions of Use, (iii) any access to or use of the Site by you in violation of any rights of BBI or any third-party, including, but not limited to, copyright, patent, trade secret, trademark, or other intellectual property rights and publicity and privacy rights, (iv) any access to or use of the Site by you in violation of any applicable law, rule or regulation, or (v) any unauthorized access of, or through, the Site to any computer system.
Full and Complete Agreement Regarding Site
These Terms and Conditions of Use represent the complete and exclusive statement of the agreement between you and BB regarding your rights to access and use the Site, and supersedes all prior agreements and representations (whether written or oral), regarding this subject matter, except as is otherwise provided herein. This agreement is in addition to, and does not nullify, any other agreement between you and BBI governing the conduct of your relationship with BB.
No waiver, modification or amendment of any of these terms and conditions shall be effective against BBI unless it is in writing and signed by an authorized official of BB. BB does not waive any power or right under this agreement even if we do not insist on strict compliance with any of these Terms and Conditions of Use, or if we delay or fail to exercise any power or right given to us in this Agreement.
All rights and remedies given to BB in these Terms and Conditions of Use are cumulative and not exclusive of any other rights or remedies which BBI otherwise has at law or equity.
These Terms and Conditions of Use shall be binding upon you and your executors, heirs, successors and assigns.
These Terms and Conditions of Use and your rights and obligations hereunder may not be assigned by you without the prior written permission of BBI and shall inure to the benefit of BB's successors and assigns whether by merger, consolidation or otherwise. BB may assign this Agreement or any of its rights or obligations under these Terms and Conditions of Use.
Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions of Use, and the remainder of these Terms and Conditions of Use shall continue in full force and effect. A printed version of these Terms and Conditions of Use shall be admissible in judicial or administrative proceedings.
Choice of Law and Personal Jurisdiction; Jury Trial Waiver
This Site has been created and controlled by BB in the State of New York, U.S.A. The laws of the State of New York shall govern any disputes between you and BB arising in connection with this Agreement, without giving effect to any principles of conflicts of laws that might seek to apply the law of another jurisdiction.
SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE COUNTY OF NEW YORK, STATE OF NEW YORK AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.
I HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Equal Employment Opportunity
BB is committed to principles of equal employment opportunity for all employees and applicants and, in accordance with applicable laws, does not discriminate on the basis of sex, race, color, religion, national origin, ancestry, age, marital status, disability, medical condition, sexual orientation, or on any other basis prohibited by law.
By using our Site, you consent to the terms of our Policy and to our use of your Personal Information (as hereinafter defined).
Introduction & Personal Information
BB and its affiliated companies ("we, us") respect your online privacy and recognize your need for appropriate protection and management of your personally identifiable information ("Personal Information") that we may acquire in your use of our Site. We may collect Personal Information from you; if we do, you will be expressly asked for it so that you know what information you are providing. We also collect non-Personal Information, described below.
We may use reporting technologies on our Site to record non-personal information such as internet domain and host names; internet protocol (IP) addresses; the page you request, your browser software and operating system types; clickstream patterns; and dates and times that our Site is accessed. We analyze this information for trends and statistics. Our use of tracking technologies allows us to improve our Site, helps us understand the demographics of our user base, and suggests the sorts of announcements you are likely to have an interest in.
Protection of Personal Information
We restrict access to the Personal Information we have collected from or about you, as described above, to those employees who need to know the information to provide services to you. We maintain physical, electronic and procedural safeguards to guard your Personal Information.
Despite our use of commercially reasonable efforts to protect your Personal Information from unauthorized access or disclosure, the internet is not an inherently secure environment and so we cannot guarantee the security of your Personal Information. We assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond our reasonable control.
Use of Personal Information
We may collect Personal Information when you sign up to receive newsletters that we may publish from time to time, request information regarding an event we may sponsor, and otherwise as needed to fulfill your requests for information and services, and to contact you. When we collect this information, you will know it because you will need to submit this information to us in order to receive the information or service you requested. We use Personal Information primarily for our own internal purposes, such as evaluating what aspects of the Site need improvement, fulfilling your requests for information or services, and communicating with you.
We also use Personal Information for our direct marketing purposes, and we will use the information to send you announcements and invitations in which we think you may have interest. You can always opt out of these marketing uses by telling us not to send the materials to you when you provide the Personal Information, or by asking us to remove you from those mailing lists. This is normally done by clicking on the appropriate link in those mailings. You can also contact us at email@example.com. We cannot delete all the Personal Information that you provide to us, even if you ask us to do so.
If you choose not to provide us with the Personal Information that we request, you can still visit most of our Site, but you may be unable to obtain certain information or services that we offer.
Disclosure of Personal Information
In the ordinary course of our business, we do not rent or sell any Personal Information we collect from or about you. For the purposes specified above, we may transfer or disclose any Personal Information we have collected from or about you to any of our affiliated entities.
We may disclose your Personal Information as permitted by law and may also be required to disclose your Personal Information to governmental or regulatory entities in response to regulatory inquiries in connection with investigations or to comply with applicable law, rules, regulations, orders subpoenas, or other legal processes.
We may disclose all of the information we collect from or about you, including Personal Information, as described above, to companies that perform marketing services on our behalf or to other financial institutions with whom we have joint marketing agreements. These third-party service providers help us maintain our Site and deliver information and services to you and other users of our Site, and help us analyze our Site traffic. The companies we hire to provide such support services are not allowed to use your Personal Information for their own purposes and are contractually obligated to protect your Personal Information.
Access, Accuracy and Deletion of Data
Upon your written request, we will allow you to review any of your Personal Information that you disclosed to us, except for any Personal Information that we collect in connection with or in anticipation of any claim or legal proceeding. If you discover any inaccuracy, please let us know so that we can make whatever corrections are appropriate.
We keep Personal Information for an unlimited time period. However you can ask us to delete your Personal Information from our marketing databases, and if you do that we will comply as soon as practicable. If you would like to submit revisions to your Personal Information, please send them via e-mail to firstname.lastname@example.org.
Our Web site is not designed for children, and we do not seek to collect any information from children including those under the age of 13.
Third Party Web Sites
Protecting your privacy online is an evolving area, and our Site is constantly evolving to meet these demands. We therefore reserve the right to modify this Policy at any time, and it is your responsibility to review this Policy. For your convenience, each time we modify this Policy, we indicate in the first paragraph of the Policy the date on which said modifications have been made. Your continued use of our Site following modification to this Policy will constitute your acceptance of those modifications.