SAN BRUNO BEACON USERS MUST READ THESE TERMS AND CONDITIONS OF USE PRIOR TO THEIR USE OF THIS WEBSITE.
Your access to and use of the San Bruno Beacon (hereinafter referred to as "SBB") website signifies that you ACCEPT THE TERMS AND CONDITIONS FOR THE USE OF THE SBB website (hereinafter referred to as "Terms") contained in this document. SBB reserves the right to modify the Terms of the SBB website. Therefore, SBB users should continue to check the Terms whenever accessing or using the Website. Your access and use of the SBB website, after the posting of modifications to these Terms, will constitute your acceptance of the Terms, as modified. If you refuse to accept the Terms, you may not use the website. Any terms and conditions proposed by you, which are in addition to or in conflict with these Terms are expressly rejected by SBB and will have no force or effect.
1). CONSENT TO TERMS AND CONDITIONS FOR USE. You represent that you have read, understand, and agree to be bound by the SBB website. You also agree: (1) that your use of the SBB website is subject to all applicable international, federal, state, and local laws, (2) not to use the website for illegal purposes, and (3) not to interfere with or disrupt the website.
2). COPYRIGHTS, TRADEMARKS, SERVICE MARKS, AND PROPRIETARY RIGHTS. The content of the SBB website is owned by SBB. This content includes, but is not limited to, all SBB web pages, all information contained in the website, all other SBB related information that is stored for use on the website, and all graphics used on the website. The SBB website is protected as a collective work or compilation under United States copyright and other laws. You agree to comply with all applicable copyright and other laws. You may not copy, reproduce, alter, store in a hard copy or other electronic retrieval system, license, transmit, display, broadcast, create a derivative work from, publish, rent, sublicense, distribute, or otherwise use in whole or in part in any other manner the Materials without the prior written consent of SBB except to the extent that such use constitutes "fair use" under the "Copyright Act of 1976", as amended from time to time.
3). DISCLAIMERS. THE INFORMATION ON THE SBB WEBSITE IS PROVIDED FOR GENERAL EDUCATION AND INFORMATIONAL PURPOSES ONLY. SBB assumes no responsibility for any errors or omissions on the SBB website. Nothing contained in the website should be regarded as a recommendation to buy or sell a security or to provide individual investment advice. Opinions expressed on the website are those of SBB and independent of any subject company (i.e., a company whose stock is presented or whose stock underlies any stock option position presented on the SBB website). All information is deemed reliable but is not guaranteed as to accuracy, reliability, or completeness. The information provided on the SBB website and is provided to you for informational purposes only and is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The information provided on the SBB website has been obtained from sources believed to be reliable and is provided to you on an "AS IS" basis. SBB makes no warranties, either expressed, implied, or statutory including, but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, timeliness, completeness, or non-infringement to users and/or any third party.
You acknowledge that (1) the Materials provided on the SBB website are for general informational and educational purposes only and they are not intended for trading purposes, (2) SBB does not guarantee the accuracy, completeness or timeliness of the Materials provided on the SBB website or any linked website, and (3) SBB IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, LOST PROFITS OR LOST OPPORTUNITIES. THE FOREGOING IS APPLICABLE TO ANY CLAIM IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
The information provided on the SBB website is provided on an “as is” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The information provided on the SBB website has been obtained from sources believed to be reliable and is provided to you on an "AS IS" basis. SBB makes no warranties, either expressed, implied, or statutory including, but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, timeliness, completeness, or non-infringement to users and/or any third party.
The entire risk as to the quality and performance of the information contained in the SBB website is with you the reader, purchaser, etc. The performance of information appearing on the SBB website may not be indicative of future performance and does not guarantee future results.
4). REPRESENTATIONS. You represent, warrant and covenant that: (1) you have the power, competence and authority to enter into this agreement; (2) you are at least eighteen (18) years old; (3) you shall not use any rights granted hereunder for any unlawful purpose; and (4) you shall use the SBB website only as set forth in the Terms.
5). INDEMNIFICATION. You agree, at your expense, to indemnify, defend and hold harmless SBB and assigns from any and all claims, suits, actions, or other proceedings based on or arising in connection with the Website or any links on the Website, including, but not limited to: (1) a violation of the Terms by you or any other person using your computer (or account); (2) your use of the Website; (3) a claim that any use of the Website by you or any other person using your computer (or account) infringes any intellectual property rights of any third party, or any right of publicity or privacy, is libelous or defamatory, or otherwise results in injury or damage to any third party; (4) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Website by you or any other person using your computer (or account); (5) any misrepresentation or breach of representation or warranty made by you contained herein; or (6) any breach of any covenant or agreement to be performed by you hereunder. SBB’s cooperation in such defense is made without waiver of any attorney-client, work-product, or other legal privileges. You agree to be responsible and liable for any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
6). TERMINATION. Either you or SBB may terminate the Terms with or without cause at any time and effective immediately. You may terminate the Terms by discontinuing the use of the Website and destroying all materials obtained from the Website. These Terms will terminate immediately without notice from SBB if SBB determines that you have failed to comply with any provision of these Terms. SBB reserves the right to seek all remedies available at law and in equity for your violation of these Terms. Upon termination by you or upon notice of termination by SBB, you must immediately destroy all Materials obtained from the SBB website.
7). GOVERNING LAW. The Terms shall be governed and construed in accordance with the laws of the United States and the State of California, without giving effect to conflicts of law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in San Mateo County in the State of California with respect to any legal proceedings that may arise in connection with the Website or from a dispute as to the interpretation or breach of the Terms.
8). SEVERABILITY. If any provision of the Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in force.
9). ENTIRE AGREEMENT. The Terms and any other terms and conditions set forth by SBB for use of the SBB website constitute the entire agreement between you and SBB and govern your use of the SBB website.
These Terms were last updated on January 19, 2010.