Acceptance of Terms

Fixed Income Color provides its Service (as defined below) to you subject to this Terms of Service agreement (“TOS”). Fixed Income Color may update this TOS from time to time and will make commercially reasonable efforts to include notices regarding any such updates or changes on our website at www.fixedincomecolor.comsm (together with its directly associated domains including the website www.berlinerconsulting.net, the “Site”). By using, and continuing to use, the Service, you signify your binding and continued acceptance of the TOS, as published on the Site, and revised by us, from time to time in our sole discretion, and you represent that you are of legal age to form a binding contract. In this TOS, “Fixed Income Color” (and “we”, “us” and “our”) means Berliner Consulting & Research, LLC. 

You acknowledge and agree that by clicking on the “I AGREE” button (or similar buttons or links as may be designated to show your acceptance of this TOS), you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Service. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

Description of Service

The “Service” includes (a) the Site, (b) the services, features, tools and applications provided by or through the Site, and (c) all data, articles, forum postings, comments, other text, images, sounds, video, content, programming and software made available through the Site. Any new features added to or augmenting the Service are also subject to this TOS.

Permission to Use the Service

You may access the Service for personal use only, provided that you are in compliance with all provisions of this TOS and any other applicable terms and other policies applicable to the Service or any portion thereof. By using or accessing this Service you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Service. You agree not to copy, distribute, transmit, publicly display, publicly perform, modify, rent, sell, or create derivative works of any portion of the Service, including any User Submissions.

You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Fixed Income Color. You acknowledge that we may, in our sole discretion and at any time, discontinue providing any part of the Service without notice.

User Conduct

Through your use of the Service, you agree that you will not violate any applicable laws, the rights of others, or the operational and security mechanisms of the Service. Examples of such prohibited behavior include, but are not limited to:

• Using the Service to promote, conduct, or contribute to fraudulent, obscene, pornographic and/or illegal activities.
• Using the Service to violate anyone’s privacy rights (e.g. distributing unwanted commercial solicitations), to infringe on intellectual property rights (including copyrights and trademark rights), to harass or defame others, to promote hatred towards any group of people, or otherwise to publish or disseminate views or opinions which are, in our opinion, obscene, offensive, or generally inappropriate.
• Using the Service to intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, NYSE Alternext U.S. or the NASDAQ, any rules and regulations of FINRA and any regulations having the force of law, including, without limitation, any rules against making false or misleading statements to manipulate the price of a security
• Using the Service to offer, sell or buy any security.
• Using the Service to post securities quotes for the purpose of effecting a securities transaction.
• Using the Service for the benefit of any third party or charging any person for the use of the Service.
• Collecting any information or communication about the users of the Service by monitoring, interdicting or intercepting any process of or communication initiated by the Service or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing.
• Attempting to hack the Service or any communication initiated by the Service or to defeat or overcome any encryption and/or other technical protection methods we implement with respect to the Service and/or data and/or content or programming transmitted, processed or stored by us or other users of the Service.
• Attempting to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Service.
• Disrupting, circumventing, or interfering with any part of the Service; forging or modifying any data processed or distributed by the Service; or using an automated process to cause greater demand on the Service than a single person could produce.
• Altering, modifying, deleting, or otherwise interfering with or in any manner compromising any content, programming, advertising, services and/or features contained on or through the Service.

Registration and User Name

Use of certain aspects of the Service, including the ability to post any User Submissions, requires registration by selecting a unique user identification (“User Name”) and password, and by providing certain personal information. If you select a User Name that we, in our sole discretion, find offensive or inappropriate, we have the right to suspend or terminate your account.

You agree to (a) keep your password confidential and use only your User Name and password when logging in, and (b) immediately notify us of any unauthorized use of your User Name and/or password. You are fully responsible for all activities that occur under your User Name. We will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with these terms.

You agree that we may for any reason, in our sole discretion and without notice or liability to you or any third party, immediately terminate your account and your User Name, and remove or discard from the Service any User Submissions associated with your account and User Name. Grounds for such termination may include, but are not limited to, extended periods of inactivity or violation of the letter or spirit of this TOS.

User Submissions

Subject to the licenses granted herein, we do not otherwise claim ownership of  any profile information, comments, articles, forum postings or other information that you post or upload to the Service or otherwise transmit to us by any means (any and all such information and materials submitted by you are referred to as a “User Submission”); however, we have the right to remove any User Submission that violates this TOS or any other written policy or terms of use we publish from time to time, or is otherwise objectionable, as we determine in our sole discretion.  Additionally, we reserve the right to review and screen any articles you submit before publishing them on the Site; we may refuse to publish any such article as determined in our sole discretion, for any reason whatsoever.

You acknowledge and agree that you are solely responsible for any User Submission made by you on or through the Service. Without limitation to the foregoing, you are solely responsible for the accuracy, reliability, nature, rights clearance, and compliance with law and legal restrictions associated with any User Submission, regardless of whether such User Submission has been screened or review by us prior to publication on the Site.

You acknowledge and agree that any User Submission is not considered confidential and may be disseminated or used by Fixed Income Color or its affiliates without compensation or liability to you for any purpose whatsoever.

You hereby grant Fixed Income Color and its successors a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform each User Submission on, through or in connection with the Service in any media formats and through any media channels, including without limitation, for promoting and redistributing any part of the Service (and its derivative works). This license granted by you will continue for as long as we determine to use your User Submission. You understand that your User Submission may be transmitted over various networks and may be changed to conform and adapt to technical requirements. You also acknowledge and agree that Fixed Income Color and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your User Submission.

By making or submitting any User Submission, you represent and warrant that you have all necessary permissions to grant the foregoing licenses to us. Without limitation to the indemnification provision below, you agree, at your own expense, to indemnify, defend, and hold harmless Fixed Income Color, its affiliates, employees, agents, and representatives against any claim, alleged claim, suit, action, or administrative proceeding arising out of, or related to, your breach of the foregoing representation and warranty, or any use, display or distribution by us or our affiliates of any User Submission submitted by you.

Privacy Policy

We agree to protect your personal information as described in the Privacy Policy published on the Site. You agree that we can export your information to any country as operationally necessary, even if that country’s privacy laws are weaker or different from the privacy laws of your country and that we can use and transfer your personal information to the extent provided in the Privacy Policy.

Third-Party Content

Each contributor to the Service of data, text, images, sounds, video, software and other materials (including without limitation third party licensors of audio-visual content, and the contributors of User Submissions) is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their contribution. As such, we are not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any such contribution. You will not hold us responsible for any action or inaction on the part of any third party licensor of content, or any other user, including without limitation the things they post or otherwise make available via the Service.

You acknowledge and understand that all title and intellectual property rights in and to any third party trademarks, logos, photographs, images, audio-visual content, advertising and other intellectual property contained on or through the Service is the property of the respective third parties, including the respective content owners or advertisers, and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such intellectual property. You understand that you are not granted any commercial, sale, resale, reproduction, distribution or promotional use rights for or to any such third party intellectual property. Additionally, the unauthorized reproduction or distribution of such third party intellectual property, including, without limitation, any content, advertising, services and/or features contained on or through the Service, is prohibited by applicable law.

Third-Party Links and Feeds

We may make available links from the Service to other, third party sites or electronic services providers, as well as other third party fees, widgets or other applications. We do not control these other sites or services, and we make no representations or endorsements whatsoever concerning those sites or services. The fact that we have provided a link to a third party site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are risks in using any information, software, service or product found on the Internet, and we caution you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet, including any items made available for purchase from our affiliate partners through links made available on our Site. You agree that under no circumstances will you hold us liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites made available or otherwise referred to via the Service. You further acknowledge and agree that we may disable your use of, or remove, any third party links, third party feeds, widgets or other applications on the Service for any reason.

Making Claims of Copyright Infringement

Fixed Income Color respects the intellectual property rights of others and we ask our users to do the same. If you believe that your work (as included on the Service) has been copied, displayed, or distributed in a way that constitutes copyright infringement, please notify the Fixed Income Color Copyright Agent.

A notification of claimed infringement must be a written communication as set forth below, and must include substantially all of the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (b) a description of such copyrighted work(s) and an identification of what material in such work(s) is claimed to be infringed; (c) a description of the exact name of the infringing work and the location of the infringing work on the Service; (d) information sufficient to permit us to contact you, such as your physical address, telephone number and email address; (e) a statement by you that you have a good faith belief that the use of the material identified in the manner complained of is not authorized by the copyright owner, its agent, or the law; (f) a statement by you that the information in the notification is accurate and, under penalty of perjury that you are authorized to act on the copyright owner’s behalf.

The Fixed Income Color Copyright Agent can be reached by email, fax or post as follows:

Click the “Contact Us” link on the website

or

email:  This e-mail address is being protected from spambots. You need JavaScript enabled to view it

or
Fax:  (805)267-1138

or

Attention:  Copyright Agent
c/o Berliner Consulting
2625 Townsgate Road, Suite 330
Westlake Village, CA 91361

The Copyright Agent will only respond to any claims involving alleged copyright infringement. Copyright Agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2).
 

Disclaimer of Warranties

*READ THIS CAREFULLY*

By your use of our Service, you are agreeing that you bear responsibility for your own investment research and investment decisions. You also agree that Fixed Income Color, its directors, its employees, and its agents will not be liable for any investment decision made or action taken by you and others based on news, information, opinion, or any other material published through our Service.  You will not hold us responsible for the accuracy, completeness, or truth of any item of content, data, information, or opinion provided through our Service.  You acknowledge and agree that we have not undertaken to investigate or verify any information contained in the Site, or to evaluate its suitability or use for any purpose.  All information and content provided on or by the Service is only to be used on an “as is” basis.

Further, Fixed Income Color is not an investment advisor, broker-dealer, securities exchange or clearinghouse, and is not registered with the Securities and Exchange Commission or any state securities commissions.  We cannot provide personalized advice. You should not construe any information, User Submissions, features, tools or other content available through the Service as legal, tax, investment, financial or other advice.  None of the information contained or published via the Site or the Service constitutes a solicitation, recommendation, endorsement, or offer by us or any third party to buy or sell any particular security or portfolio of securities, to engage in any transaction or that investment strategy is suitable for any specific person. The Service, reports, commentary and other content provided via the Service is for information purposes only, and under no circumstances constitute an offer to sell or the solicitation of an offer to buy any securities.

You should not rely upon Fixed Income Color for purposes of transacting securities or other investments, and you are encouraged to conduct your own research and due diligence before you make any investment.  You alone assume the sole responsibility of evaluating the merits and risks associated with the use of the Service before making any decisions based on content contained or published via the Service. In exchange for using the Service, you agree not to hold Fixed Income Color liable for any possible claim for damages arising from any decision you make based on information made available to you through the Service.

Other users on this Site or their affiliates may engage in transactions involving the securities referenced on this Site and those transactions may have a positive or negative impact on the value of such securities.  Users and other contributors or their affiliates may have officers or directors who serve as officers or directors of any of the issuers or companies mentioned in this Site and may issue other competing securities which may affect the value of any securities referenced on this Site.  Neither the other users, contributors nor Fixed Income Color owe a duty to any other users to avoid such conflicts.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF ANY CONTENT MADE AVAILABLE THROUGH THE SERVICE (WHETHER USER SUBMISSIONS OR OTHERWISE) OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, APPLICATION OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS, APPLICATIONS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE, OR INSTALLATION OR DOWNLOAD OF ANY APPLICATION, THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
 

Limitation of Liability

*READ THIS CAREFULLY*

YOU UNDERSTAND AND AGREE THAT FIXED INCOME COLOR SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY SERVICES OBTAINED THROUGH OR FROM THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA OR USER SUBMISSIONS; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (E) INACCURACIES, MISTAKES, OR ERRORS OF CONTENT; (F) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE; (G) ANY BUGS VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THOUGH THE SERVICE BY A THIRD PARTY; OR (H) ANY OTHER MATTER RELATING TO THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. IN THE EVENT THIS LIMITATION OF LIABILITY SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT THE AGGREGATE LIABILITY OF FIXED INCOME COLOR SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100). YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE SERVICE.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABLITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD FIXED INCOME COLOR, AND ITS SUBSIDIARIES, AFFILIATES, MANAGERS, MEMBERS, OFFICERS, AGENTS, OR OTHER PARTNERS, AND EMPLOYEES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS, AT YOUR EXPENSE, AGAINST ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, AND SUITS AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND OTHER DISPUTE RESOLUTION EXPENSES) INCURRED BY ANY INDEMNIFIED PARTY ARISING OUT OF OR RELATING TO YOUR (I) VIOLATION OR BREACH OF ANY TERM OF THIS TERMS OF USE OR ANY POLICY OR GUIDELINES REFERENCED HEREIN, (II) USE OR MISUSE OF THIS SERVICE, OR (III) BY SOMEONE ELSE USING YOUR USER NAME AND PASSWORD.

Waiver and Severability

The failure of either party to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any of the TOS provisions, including the Disclaimer of Warranties or Limitation of Liability, are held invalid, unenforceable, or void by a court, the parties nevertheless agree that the court should give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
 

Investigation; Disclosure

We reserve the right to investigate occurrences which may involve any violations of this TOS or our Privacy Policy, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You expressly acknowledge and agree that we may disclose information provided by you to comply with law enforcement or any legal, governmental or regulatory order or action.

Governing Law

The laws of the State of California will govern this TOS without giving effect to any principles of conflicts of laws. You further agree that any disputes or claims that you may have against us will be resolved by the state and federal courts located in the County of Los Angeles, California and you agree to submit to the exclusive personal jurisdiction of such courts.  You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Service, that you and Fixed Income Color will attempt in good faith to negotiate a written resolution of the matter. You agree that if the matter remains unresolved for ninety (90) days after notification (via certified mail or personal delivery) that a dispute exists, you and Fixed Income Color shall join in mediation services in Los Angeles, California with a mutually agreed upon mediator in an attempt to resolve the dispute.  Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.

You hereby acknowledge that you have read and understand the foregoing TOS and agree that by registering to create an account or using any of the services offered through the Site that you are acknowledging your agreement to be bound by this TOS.
 

Assignment

This TOS and the rights and licenses it grants or receives may be assigned or transferred by us without restriction.

Comments/Inquiries

If you have any comments or inquiries regarding this TOS or the Service, please contact us either by clicking the “Contact Us” link on the web site or emailing:

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