Bough provides its service to you, subject to the following agreement laying down the Terms and Conditions of Use (“Agreement”), which may be updated by us from time to time.
Access to and use of this website (‘boughconsulting.com’) is provided by Bough subject to the following terms:
- By accessing, browsing, or using boughconsulting.com you acknowledge that you have read, understood and agree to be legally bound by the terms of this Agreement, which shall take effect immediately on your first use of boughconsulting.com. You further agree to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to be legally bound by all the following terms please do not access and/or use boughconsulting.com
- The contents of the website may be used for informational purposes only.
- Bough may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by Bough. Your continued use of boughconsulting.com after changes are posted means you agree to be legally bound by these terms as updated and / or amended.
Intellectual Property Rights
Bough owns all right, title and interest in the Intellectual Property Rights comprised in most of the content present on this website, including in software, text, images, graphics, video and audio (“Materials”) which is covered by worldwide copyright laws and treaty provisions. Elements of Bough websites are protected by copyright, trade dress, trade mark, unfair competition, and other laws and may not be copied or imitated in whole or in part. You agree to comply with all copyright laws worldwide in your use of this website and to prevent any unauthorized copying of the Materials. No Material from this website may be copied, modified, reproduced, republished, downloaded, uploaded, transmitted, broadcasted, posted, made available to the public, publicly displayed, transmitted or distributed in any form except for your own personal, non-commercial use without prior written permission from Bough. You also agree not to adapt, alter or create a derivative work from any Material except for your own personal, non-commercial use. All rights not expressly granted herein are reserved. Except as expressly provided herein, Bough does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. Unauthorized use of the Materials may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties.
The service mark Bough and the Bough logo are the service marks of Bough and may not be used in any manner without prior written consent from Bough, including as a metatag, hyperlink or for keyword based advertising. No logo, graphic, sound or image from the Bough website may be copied or retransmitted unless expressly permitted by Bough. Any use of the Bough Marks has to be with the prior written permission of the company and in accordance with the Brand Use Guidelines.
Fair use of Bough Marks
“Fair use” of trademarks allows third parties to make reference (text ONLY) to Bough Marks. While fair use allows use of or reference to Bough Marks, it is necessary that the usage be truthful, not disparaging to Bough, and does not mislead the public. You must be clear and accurate as to the nature of the relationship between Bough and your company, its products or services.
Subject to the terms and conditions set forth in this Agreement, Bough grants you a non-exclusive, non-transferable, limited right to access, use and display the Materials on the website only for personal, non-commercial purposes. You agree not to interrupt or attempt to interrupt the operation of the website in any way. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions:
- You must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials;
- You may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and
- You must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use.
You agree to abide by all additional restrictions displayed on the website as it may be updated from time to time including the specific instructions as may be mentioned on the Materials.
You agree to use boughconsulting.com only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within boughconsulting.com.
You agree not to use the website in any manner that may disparage, defame, ridicule or show Bough in an uncomplimentary light.
Except for the limited permission in this Clause, Bough does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights, whether owned by Bough or any Third Party Site. You may not mirror any of the content from this site on another Web site or in any other media.
Photography Use Policy
Between Bough and you, Bough is the owner of copyright including moral rights in the photographs and in the personality and publicity rights comprised in the contents of the photographs available on this site (“Bough Photos”). Bough Photos are only for use by accredited members of the media, as is reasonable for news reporting. Apart from this express and limited license Bough does not grant you any other right or permission. You are permitted to use the Bough Photos as long as the use will not disparage, defame or in any other manner show Bough in bad or uncomplimentary light nor imply any endorsement, affiliation or sponsorship by Bough. You are not permitted to change, manipulate, merge, modify, or morph the Bough Photos except for resizing or cropping them. By downloading the photographs available on this site, you represent and warrant that you accept these terms and are an accredited member of the media.
Notice under the Digital Millennium Copyright Act
Bough respects the intellectual property of others and thus to respond to effective notices of alleged infringement of copyrighted material where (i) the copyrighted material is available at, or from, a system or network controlled or operated by or for Bough or where (ii) Bough, by providing or using an information location tool, such as a directory, index, reference, pointer, or hypertext link, refers or links a third party to a site that contains the copyrighted material. If you are alleging that copyrighted material may have been or is being infringed, then you may notify Bough, pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512 (c), by sending a notice to the address listed below. Such notice must include the following to be effective:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Bough to locate the material;
- Information reasonably sufficient to permit Bough to contact you such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If material that you have posted to a system or network controlled or operated by or for Bough has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the address listed below that includes the following:
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Bough may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.
DESIGNATED AGENT FOR ALL NOTICES, INCLUDING COUNTER NOTICES
All written notices should be sent to the firstname.lastname@example.org.
Third Party Content and Sites
Bough may provide on this website information of third parties, including articles, analyses, news reports, tools, company information and data about financial markets and other data or information, as also links to websites operated by other entities (“Third Party Content and Sites”).
You acknowledge and agree that the Third Party Content is not created or endorsed by Bough nor are any products or services offered through it. The provision of Third Party Content is for general informational purposes only and does not constitute a recommendation or solicitation to purchase or sell any goods or services or to take any decision. In addition, the Third Party Content is not intended to provide any advice, including on matters relating to tax, legal or investment decisions. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable, but that no guarantees are made by the website as to its accuracy, completeness, and timeliness. You agree not to hold the website, any business offering products or services through the website or any provider of Third Party Content responsible or liable for any decision or other transaction you may make based on your reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third Party Content for any reason.
If you use any linked Third Party Site, you will leave this website. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Bough makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Bough or this website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorized to use any trade mark, trade name, logo or copyright symbol of Bough or any of its affiliates or subsidiaries.
You agree that Bough is not responsible for any Third Party Content or Site accessible through the website, including opinions, advice, statements and advertisements, and user shall bear all risks associated with the use of such content. The user is requested to peruse the policies posted by the Third Party Sites regarding privacy and terms and conditions of use. Bough is not responsible for any loss or damage of any sort the user may incur from dealing with any Third Party.
External Links to the Website
All links to the website must be approved in writing by Bough, except that Bough consents to links in which: (i) the link is a text-only link containing only the name “Bough”; (ii) the link “points” only to boughconsulting.com and not to deeper or inner pages;(iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a “frame” on the linked website; (iv) the link does not use other techniques that alter in any way the visual presentation or appearance of any content within this site and (v) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products or services are associated with or sponsored by Bough nor be such as to damage or dilute the goodwill associated with the name and trademarks of Bough or its Affiliates. Bough reserves the right to revoke this consent to link at any time in its sole discretion. In such event, you agree to immediately remove all links to this Web site and to cease using the Bough Marks.
Information Provided By You
Bough does not want you to, and you should not, send any confidential or proprietary information to Bough via the website. You agree that any information or materials that you or individuals acting on your behalf provide to Bough will NOT be considered confidential or proprietary. By providing any such information or materials to Bough, you grant to Bough an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that Bough is free to use any ideas, concepts or know-how that you provide to Bough.
Right to Terminate Access
Bough may terminate a user’s access at any time for any reason. Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. The provisions regarding disclaimer of warranty, accuracy of information, and indemnification shall survive such termination. Bough may monitor access to the website.
Limitation of Damages
IN NO EVENT WILL BOUGH BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE/ INFORMATION LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF BOUGH IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
The materials may contain inaccuracies and typographical errors. Bough does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the website. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
Disclaimer of Warranty
THIS WEBSITE, THE INFORMATION AND MATERIALS ON THE WEBSITE, AND THE SOFTWARE MADE AVAILABLE ON THE WEBSITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR ANY PARTICULAR PURPOSE OR SATISFACTORY QUALITY, COMPATIBILITY, SECURITY, ACCURACY, OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. BOUGH EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, REGARDLESS OF THE FORM OF ACTION, INCLUDING, WITHOUT LIMITATION, (WHETHER SUCH LOSSES WHERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE: (A) LOSS OF DATA OR INFORMATION OR PROGRAMS ON YOUR INFORMATION HANDLING SYSTEM THAT ARE RELATED TO THE USE OF THIS WEBSITE; (B) LOSS OF REVENUE OR ANTICIPATED PROFITS; (C) LOSS OF BUSINESS OR BUSINESS INTERRUPTION; (D) LOSS OF OPPORTUNITY; (E) LOSS OF GOODWILL OR INJURY TO REPUTATION; (F) LOSSES SUFFERED BY THIRD PARTIES; OR (G) THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE WEBSITE OR ANY LINKED WEBSITE OR, EVEN IF BOUGH IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Additionally, Bough makes no warranty that: (a) the website will meet your requirements; (b) the website will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the website or any services offered through the website will be accurate or reliable (d) that defects will be corrected, or that boughconsulting.com or the server that makes it available are free of viruses or bugs.
You agree to indemnify, defend and hold harmless Bough, its subsidiaries and affiliates from any claim, cost, expense, judgment or other loss relating to your use of this website, including without limitation of the foregoing, any action you take which is in violation of the terms and conditions of these Terms and Conditions of Use.
Changes to Website or to the Agreement
Bough may, at its sole discretion, terminate, change, add or remove, suspend or discontinue any aspect of its website (in whole or in part) at any time, including, its content or features. Bough reserves the right to change the terms and conditions applicable to use of the website. Bough may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all materials. Such changes shall be effective immediately upon notice, which shall be placed on the website. Your continued use of the website after any changes to this Agreement are posted will be considered acceptance of those changes. Bough may also impose limits on certain features and services or restrict your access to parts or all of the website without notice or liability.
Your obligations while communicating with Bough
You warrant that you shall not submit any defamatory, threatening, obscene, harassing, or otherwise unlawful or illegal information or material of any nature, including text, graphics, video, programs or audio. Contributing material with the intention of committing or promoting an illegal act is strictly prohibited. You agree not to submit materials which are not your own original work, or which violate, plagiarize, or incorporate the proprietary materials of another or infringe the rights of third parties including copyright, trade mark, trade secrets, privacy, publicity, personal or proprietary rights.
Waiver and Severability of Terms
The Failure of Bough to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
International Users and Choice of Law
These Terms and Conditions of Use shall be governed by the laws of State of New Jersey, without giving effect to its conflict of laws provisions. This Agreement constitutes the entire agreement between Bough and you with respect to your use of the website. Any cause of action you may have with respect to your use of the website 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 the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force