PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY GOVERN YOUR ACCESS AND USE OF THIS WEBSITE.
BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ACCEPT THEM IN FULL, AS THEY MAY BE MODIFIED BY BÓVEDA ASSET MANAGEMENT, INC. (for purposes of these terms and conditions the term "Bóveda Asset Management, Inc." includes Bóveda Asset Management, Inc.'s affiliates, as applicable) FROM TIME-TO-TIME AND POSTED ON THIS WEBSITE.
No Warranties. Although Bóveda Asset Management, Inc. attempts to provide accurate information, names, images, pictures, logos, icons, documents, and materials (collectively, the "Contents") on the Website, it makes no representation, endorsement, or warranty that such Contents are accurate or suitable for any particular purpose.
THE WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS. USE OF THE WEBSITE AND ITS CONTENTS IS AT THE USER'S SOLE RISK. THE WEBSITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. AS NOTED BELOW, BÓVEDA ASSET MANAGEMENT, INC. ALSO MAKES NO REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY WEBSITE OPERATED BY A THIRD PARTY.
Limitation of Liability. BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED "AS IS" "AS AVAILABLE". BÓVEDA ASSET MANAGEMENT, INC. AND THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE. BÓVEDA ASSET MANAGEMENT, INC. AND THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, BÓVEDA ASSET MANAGEMENT, INC. WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL BÓVEDA ASSET MANAGEMENT, INC. BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND BÓVEDA ASSET MANAGEMENT, INC'S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
BÓVEDA ASSET MANAGEMENT, INC. AND THIRD PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE, BÓVEDA ASSET MANAGEMENT, INC. AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER'S FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND BÓVEDA ASSET MANAGEMENT, INC. AND ITS AFFILIATES' CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING BÓVEDA ASSET MANAGEMENT, INC'S RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
UNDER NO CIRCUMSTANCES WILL BÓVEDA ASSET MANAGEMENT, INC. BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER BÓVEDA ASSET MANAGEMENT, INC. HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
Use of Website. Contents are included in this Website solely for the personal use of Website users. You may not copy (other than a copy for personal use), modify, distribute, transmit, display, perform, reproduce, reverse engineer, transfer, resell, or republish any of the Contents of this Website or linked sites contained herein without the prior written consent of Bóveda Asset Management, Inc. or the appropriate site owner(s), which may be withheld in its sole discretion.
You agree not to attempt to log on to the Website from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the Website from one of these countries may result in your access being restricted and/or terminated.
Copyrights and Other Intellectual Property. The works of authorship contained in the 1baminc.com Website (the "Website"), including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by Bóveda Asset Management, Inc. or one of its subsidiaries, ("Bóveda Asset Management, Inc."). Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without Bóveda Asset Management, Inc's prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of proprietary rights provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.
The posting of the Contents of this Website neither constitutes a waiver of any of Bóveda Asset Management, Inc.'s proprietary rights or any other party's proprietary rights, including but not limited to, copyrights, trademarks, service marks, patents, and other intellectual property, nor a transfer by implication, estoppel, or otherwise of any such rights or of any license to the Website user or to any third party. Contents of this Website are protected by United States and international copyright laws, both as individual works and as a collection and by United States and international trademark laws. You agree not to delete any copyright, trademark or similar notice from any Contents you obtain from the Website.
The display of trademarks within this Website does not grant a license of any kind to the reader. Any downloading of Content or other material contained in the site, or of any site linked to the site may be a violation of trademark and copyright laws.
Links to Other Websites. Bóveda Asset Management, Inc. may establish links between this Website and one or more Websites operated by third parties. Bóveda Asset Management, Inc. has no control over any such other Websites or the contents therein. The existence of any such links shall not constitute an endorsement by BÓVEDA ASSET MANAGEMENT, INC. of such Websites, the contents of the Websites, or the operators of the Websites.
Transmissions to and from this Website. Except where expressly indicated otherwise, transmissions to and from this Website or directed to Bóveda Asset Management, Inc., including E-mails, are not sent in a secure form and can be intercepted by third parties and may not be immediately received by the appropriate business unit at Bóveda Asset Management, Inc.. Please do not use E-mail to send us communications which contain confidential information, which we require to be in writing, or which need our immediate attention. Please call 1-888-569-8883 or write us instead at this address: Bóveda Asset Management, Inc., 15720 Brixham Hill Avenue, Charlotte, NC 28277-4784, Attention: Web Site Customer Service. Any transmission to this Website, including E-mails shall be deemed and remain the property of Bóveda Asset Management, Inc. Bóveda Asset Management, Inc. shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques provided by a Website user to Bóveda Asset Management, Inc. through this Website.
Potential Disruption of Service. Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:
Hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment
Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content
Overload of system capacities
Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters
Interruption (whether partial or total) of power supplies or other utility of service
strike or other stoppage (whether partial or total) of labor
Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention
Any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Bóveda Asset Management, Inc.
Available Only Where Permitted by Law. The products and services of Bóveda Asset Management, Inc., and other Bóveda Asset Management, Inc. affiliates and subsidiaries are available only in the United States and other countries where permitted by law.
Modifications. Bóveda Asset Management, Inc. may at any time make modifications, changes, and alterations to the Contents of this Website, including these Terms and Conditions, without prior notice. You are responsible for regularly reviewing these terms and conditions. Your continued use of this Website following any modifications, changes, or alterations shall constitute your acceptance of such modifications, changes, or alterations.
Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the law of the State of North Carolina, without regard to the conflict of laws thereof, and to the laws of the United States of America.
Venue. Disputes arising from the use of this Website shall be exclusively subject to the jurisdiction of any federal or state court for the Western District of North Carolina or the county of Mecklenburg.
Severability. To the extent any portion of these Terms and Conditions is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions, as so modified, shall remain in full force and effect.
Waiver. No waiver by Bóveda Asset Management, Inc. of any right under or term or provision of these Terms and Conditions will be deemed a waiver of any other right, term, or provision of these Terms and Conditions at that time or a waiver of that or any other right, term, or provision of these Terms and Conditions at any other time.
Service Contact. You may contact Bóveda Asset Management, Inc. by E-mail or by phone at 1-888-569-8883 or by mail to Bóveda Asset Management, Inc., 15720 Brixham Hill Avenue, Charlotte, NC 28277-4784, Attention: Web Site Customer Service with questions or problems with this Website.
Chat. At any time and at our sole discretion, Bóveda Asset Management, Inc. may make interactive online chat (“Chat”) service available to you. Bóveda Asset Management, Inc. makes no warranty that Chat service will be available at any particular time or be free of fault or error. If you are under the age of 18 years old and are invited to use the Chat service, you must not agree to use the Chat service.
The Chat service is provided as a convenience to you. Our Chat service agents will try to provide you with accurate and current information based on your questions or needs. Nothing we communicate in the Chat service will be considered as a legal agreement, representation, or warranty as to our products, services, processes, decisions, or response times. Providing or participating in the Chat service does not constitute consent by you or us to use electronic records and signatures as a substitute for written documents.
You will not use the Chat service to send any abusive, defamatory, dishonest, or obscene message, and doing so may result in termination of the Chat service session.
Rev. Jul. 2018