Thank you for your interest in this website. Before accessing please read the following terms and conditions carefully as they govern your use of the Site and its content. If you agree with the terms and conditions, check “I agree” to the left of this form. If you do not agree with these terms and conditions, we cannot grant you the right to use the content on the Site.
By checking “I AGREE” to the left of this form, you indicate that you understand and intend these terms and conditions to be the legal equivalent of a signed, written contract and equally binding, and that you accept such terms and conditions and agree to be legally bound by them.
This website, and all other websites that redirect to this Terms & Conditions Agreement or on which this Agreement appears (collectively, the “Site”) shall be governed by the terms of use of this Agreement (this “Agreement” or these “Terms of Use”).
Webbs Hill Advisors reserves the right to change the terms and conditions of this Agreement upon notice, which may be given by Webbs Hill Advisors posting such change (or revised Agreement) on the Site, by e-mail, or any other reasonable way. If a change is notified by a posting on the Site, it shall be deemed to take effect when posted; if a change is notified by e-mail, it shall be deemed to take effect when the e-mail is sent; and if a modification is notified in any other way, it shall be deemed to take effect when the relevant notice is sent or issued by or on behalf of Webbs Hill Advisors. Your continued use of this Site following notice of such modifications will be conclusively deemed acceptance of any changes to this Agreement. You agree that notice of changes to this Agreement on the Site, delivered by email, or provided in any other reasonable way constitutes reasonable and sufficient notice.
The Site is owned and operated by Webbs Hill Advisors. This Agreement contains the terms, covenants, conditions, and provisions upon which you (“You” or “User”) may access and use the Site and the content, including (without limitation) the ratings and other opinions, displayed on the Site. This agreement was last updated on October 1, 2014.
Terms and Conditions
1. Grant of License. These Terms of Use provide you with a personal, revocable, non-exclusive, non-transferable license to use the Site conditioned on your continued compliance with the terms and conditions of these Terms of Use. You may, on an occasional and irregular basis, print and download Materials on the Site solely for personal and non-commercial use, or, only to the extent permitted by an Other Agreement (defined below), for internal business use, provided that you do not obscure, alter, remove or delete any copyright or other proprietary notices contained in such Materials. With the exception of the foregoing and except as otherwise expressly permitted herein, you may not modify, create derivatives of, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, “deep link”, “scrape”, data mine, or otherwise use any information or material obtained from or through this Site. Further, you may not post any content from this Site to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other websites, without the prior written consent of Webbs Hill Advisors. You warrant to Webbs Hill Advisors that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to attempting or actually (i) disrupting, impairing or interfering with this Site, (ii) collecting any information about other users of this Site, including passwords, accounts or other information, or (iii) systematically extracting data contained on this Site to populate databases for internal or external business use.
2. Intellectual Property Rights. All Materials contained on the Site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. The Site, its content, layout and design are the exclusive property of Webbs Hill Advisors or its licensors and, except as expressly provided herein, Webbs Hill Advisors does not grant any express or implied right in any such Materials to you. In particular and without limitation, Webbs Hill Advisors owns the copyright in the Site as a collective work and/or compilation, any and all databases accessible on the Site, and in the selection, coordination, arrangement, and enhancement of the content of the Site. Webbs Hill Advisors and all other names, logos, and icons identifying Webbs Hill Advisors and/or Webbs Hill Advisors products and services are proprietary marks of Webbs Hill Advisors or its licensors. Third-party trademarks displayed on the Site are the property of their respective owners.
3. Password Policy. Your use of certain portions of the Site requires a password. As part of the registration process, you must select a member name and password and provide Webbs Hill Advisors with accurate, complete and up-to-date information. Anyone with knowledge of your password can gain access to the restricted portions of the Site and the information available to you. Accordingly, you must keep your password secret. By agreeing to these Terms of Use, you agree to be solely responsible for the confidentiality and use of your respective password, as well as for any communications entered through this Site using your password. You will also immediately notify Webbs Hill Advisors if you become aware of any loss or theft of your Password or any unauthorized use of your password. Webbs Hill Advisors reserves the right to delete or change a password at any time and for any reason.
4. Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Webbs Hill Advisors has endeavored to create a secure and reliable website, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Webbs Hill Advisors are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Webbs Hill Advisors shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Site.
5. Enforcing Security. Actual or attempted unauthorized use of any of the Site may result in criminal and/or civil prosecution. For your protection, Webbs Hill Advisors reserves the right to view, monitor, and record activity on the Site without notice or further permission from you, to the fullest extent permitted by applicable law. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site. Webbs Hill Advisors will also comply with all court orders involving requests for such information.
6. Disclaimers. All information contained herein is obtain by Webbs Hill Advisors from sources believed by it to be accurate and reliable. Because of the possibility of human or mechanical error as well as other factors, however, all information contained herein is provided "AS IS" without warranty of any kind. Webbs Hill Advisors adopts necessary measures so that information it uses is of sufficient quality and from sources Webbs Hill Advisors considers to be reliable, including, when appropriate independent third-party sources. Under no circumstances shall Webbs Hill Advisors have any liability to any person or entity for (a) any loss or damage in whole or in part caused by, resulting from, or relating to, any error (negligent or otherwise) or other circumstances or contingency within or outside the control of Webbs Hill Advisors in connection with the procurement, collection, compilation, analysis, interpretation, communication, publication or delivery of any such information, or (b) any direct, indirect, special, consequential, compensatory or incidental damage whatsoever (including without limitation, lost profits), even if Webbs Hill Advisors is advised in advance of the possibility of such damages, resulting from the use of or inability to use, any such information.
The analysis, observations and commentary, if any, constituting part of the information contained herein are, and must be construed solely as, statements of opinion and not statements of fact or recommendations to purchase, sell or hold any securities. Each user of the information contained herein must make its own study and evaluation of each security it may consider purchasing, holding or selling. The information on any particular deal, bond, trustee or servicer may not reflect events occurring after the date of publication. NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY OPINION OR INFORMATION IS GIVEN OR MADE BY WEBBS HILL ADVISORS IN ANY FORM OR MANNER WHATSOEVER.
7. Indemnity. You agree to indemnify and hold harmless Webbs Hill Advisors, its licensors and suppliers, all of their affiliates, and all of their respective officers, directors, employees, shareholders, representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals' fees and court costs) arising out of any third party claims based on or related to your use of the Site or any breach by you of these Terms of Use.
8. Governing Law. These Terms of Use, including (without limitation) any disputes relating to the content the Site, whether sounding in contract, tort, statute or otherwise, is governed by the laws of the State of New York, without reference to its conflict of law principles and without regard to the U.N. Convention on Contracts for the International Sale of Goods.
9. Dispute Resolution. THIS PARAGRAPH CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE THE RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. PLEASE REVIEW CAREFULLY. Any dispute, controversy or claim arising out of or relating to these Terms of Use, including any disputes relating to the content of Site, whether sounding in contract, tort, statute or otherwise, shall be finally resolved by arbitration. Any claim must be brought in the claimant’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. The arbitration shall be conducted by one arbitrator in English and in accordance with the International Rules of the American Arbitration Association, which shall administer the arbitration and act as appointing authority. The place of the arbitration shall be New York, New York. The decision of the arbitrators shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys’ fees to the prevailing party) shall be paid as the arbitrators determine. Notwithstanding the foregoing, if you bring a claim subject to arbitration, Webbs Hill Advisors, if so requested by you, will pay the cost of fees and deposits imposed upon you by the American Arbitration Association or other arbitrator to the extent that such cost exceeds the amount you would have had to pay as filing fees and initial court costs if you had filed suit in a court of competent jurisdiction. The decision of the arbitrator may be entered by any court of competent jurisdiction. You agree to submit to the jurisdiction of the state and federal courts in New York for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award. Notwithstanding the foregoing, Webbs Hill Advisors may seek preliminary injunctive relief from a court of law in the event of a breach by you.
10. Term, Termination. These Terms of Use will take effect when you first commence using the Site. Webbs Hill Advisors reserves the right at any time and for any reason to deny you access to the Site or any portion thereof. Termination will be effective without notice.
11. Waiver. Failure to insist on strict performance of any of the terms and conditions of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance. No waiver by Webbs Hill Advisors of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
12. Nature of Relationship. No joint venture, partnership, employment, or agency relationship exists between you and Webbs Hill Advisors as a result of these Terms of Use or your utilization of this Site.
13. Severability. The provisions of these Terms of Use are severable. If any provision (or part of any provision) shall be determined to be void or unenforceable, the relevant provision or part of any provision shall be deemed deleted and these Terms of Use, and the validity and enforceability of all remaining provisions (and parts of any provisions) of these Terms of Use, shall not be affected.
14. Entire Agreement/Reservation of Rights. Your rights to use certain material available on or through this Site may be subject to separate written agreements with Webbs Hill Advisors (“Other Agreements”). Particular pages or features of this Site with content supplied by Webbs Hill Advisors or its licensors may have different or additional terms ("Special Terms"), which will be disclosed to you when you access those pages or features, and by accessing or using such pages and features, you will be deemed to have agreed to the applicable Special Terms. If there is a conflict between these Terms of Use and the Special Terms, the Special Terms will govern with respect to such pages or features or content. In the event of a conflict between these Terms of Use and one or more Other Agreements, the terms of such Other Agreement(s) shall govern and control. With the exception of any Special Terms and Other Agreements, these Terms of Use represent the entire agreement between you and Webbs Hill Advisors with respect to your use of and material available on or through the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Webbs Hill Advisors with respect to the Site. Any rights not expressly granted herein are reserved. Notwithstanding the foregoing, Webbs Hill Advisors data collection and usage practices in connection with the Site are as set forth in the Privacy Policy.