TERMS OF USE APPLICABLE TO: www.balabostaventures.com (the “Balabosta Ventures Site”)


The Balabosta Ventures Site identified above is owned and controlled by Balabosta Ventures, LLC (“Balabosta Ventures,” “we” or “us”).

By using the Balabosta Ventures Site, you acknowledge that you have reviewed to your full satisfaction and understood these Terms of Use and the Balabosta Ventures Privacy Policy, and you accept and are subject to these Terms of Use and the Balabosta Ventures Privacy Policy. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE BALABOSTA VENTURES PRIVACY POLICY, DO NOT USE THE BALABOSTA VENTURES SITE. If you breach any of the Terms of Use, your authorization to use the Balabosta Ventures Site automatically terminates, and you must immediately cease using any downloaded or printed materials. Balabosta Ventures reserves the right to change the Terms of Use by posting new Terms of Use and by changing the “Effective Date” at the end of the Terms of Use. Your use of the Balabosta Ventures Site is subject to the version of the Terms of Use posted here at the time of such use.

1. PURPOSE OF THIS SITE

The content published on the Balabosta Ventures Site is for general informational purposes only, and is not intended and should not be construed as legal, accounting, tax, financial, business or any other type of advice.

Balabosta Ventures’s publication of content on the Balabosta Ventures Site does not constitute an offer to represent you, and you should not act, or refrain from acting, based on any information contained on any Balabosta Ventures Site.

2. INTELLECTUAL PROPERTY RIGHTS 

Balabosta Ventures owns or licenses all materials available through the Balabosta Ventures Site, including all text, downloadable files, RSS feeds, HTML code, multimedia clips, images, graphics, icons, programming code, and the selection and arrangement of the contents of the Balabosta Ventures Site (collectively, the “Materials”).

Subject to your agreement to abide by these Terms of Use, Balabosta Ventures hereby grants to you a limited, non-transferable, non-exclusive right and license solely to:

  • display and reproduce (in printed form only) unaltered Materials published on any Balabosta Ventures Site, for your personal, non-commercial, educational purposes, only;
  • if you are a prospective client of services offered by Balabosta Ventures, display, reproduce and distribute within a single business organization unaltered Materials, or portions thereof, solely to the limited extent reasonably necessary to facilitate a decision of whether or not to transact business with Balabosta Ventures; and
  • if you are a news reporting organization, display, reproduce, modify and distribute limited portions of Materials published on any Balabosta Ventures Site, as reasonably necessary for legitimate news reporting and commentary activities.

Except as expressly described in the limited license above, without the express written consent of Balabosta Ventures, you may not modify, copy, distribute, transmit, display, publish, or create derivative works from the Materials or use the Materials for any purpose whatsoever. For consent to reuse any Materials, other than as expressly provided by the limited license above, please contact Balabosta Ventures. Except for the limited license expressly granted to you in these Terms of Use or otherwise in writing, Balabosta Ventures reserves for itself all other right, title and interest in and to the Materials.

To the extent reproduction of Materials is permitted, the following notice shall appear on all reproductions of such Material: “Balabosta Ventures LLP. All Rights Reserved.” All authorized reproduction of multimedia clips, images, graphics, or icons comprising a part of the Material must be executed to assure that such Materials are not distorted, modified or altered in any way whatsoever.

3. DISCLAIMERS AND LIMITATION OF LIABILITY 

Your use of the Balabosta Ventures Site is exclusively at your own risk.

MATERIALS ON THE BALABOSTA VENTURES SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 

Materials on the Balabosta Ventures Site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Balabosta Ventures may also make improvements and/or changes to, or remove Materials at any time without notice. Notwithstanding the foregoing, Balabosta Ventures assumes no obligation to update any information or Materials hosted on the Balabosta Ventures Site.

Balabosta Ventures makes no representations whatsoever about any other web site which you may access through any Balabosta Ventures Site. When you access a non-Balabosta Ventures web site, please understand that it is independent from Balabosta Ventures, and that Balabosta Ventures has no control over the content on that web site. In addition, a link to a non-Balabosta Ventures web site does not mean that Balabosta Ventures endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

IN NO EVENT WILL BALABOSTA VENTURES BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF ANY BALABOSTA VENTURES SITE, OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

WITHOUT LIMITING THE FOREGOING, BALABOSTA VENTURES EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS YOU ACCESS OR DOWNLOAD MATERIALS FROM ANY BALABOSTA VENTURES SITE OR ANY HYPERLINKED WEB SITE. 

4. NON-PROPRIETARY AND NON-CONFIDENTIAL TREATMENT OF INFORMATION YOU PROVIDE. 

Balabosta Ventures does not want to receive confidential or proprietary information from you through any Balabosta Ventures Site. We recommend that you do not transmit confidential information to us via the Balabosta Ventures Site.

By sending Balabosta Ventures any information or material through a Balabosta Ventures Site, you grant Balabosta Ventures an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Balabosta Ventures is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

5. LINKS TO THIRD PARTY SITES 

The Balabosta Ventures Site may contain links to other web sites or frame information from other web sites that are not under the control of Balabosta Ventures. Balabosta Ventures is providing these links and/or frames to You only as a convenience.

BALABOSTA VENTURES MAKES NO ENDORSEMENTS, WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING THOSE SITES, INCLUDING THE PRODUCTS, SOFTWARE, MATERIALS, SERVICES, CONTENT OR ACCURACY OR APPROPRIATENESS OF CONTENT ON SUCH LINKED WEB SITES. YOUR DECISION TO ACCESS ANY SUCH OTHER WEB SITES SHALL BE ENTIRELY AT YOUR OWN RISK AND DISCRETION. IN PARTICULAR, PLEASE NOTE THAT THE POLICIES OF OTHER SITES LINKED FROM A BALABOSTA VENTURES SITE MAY BE MATERIALLY DIFFERENT THAN OUR TERMS OF USE, ESPECIALLY WITH RESPECT TO THE USE AND COLLECTION OF PERSONAL INFORMATION AND WITH RESPECT TO THE USE OF PROPRIETARY INFORMATION POSTED ON THAT SITE.

6. GUEST BLOGGERS 

The Balabosta Ventures Site may contain views and opinions of invited guest bloggers who are not affiliated or associated with Balabosta Ventures. The views or opinions of such guest bloggers are his/her own, and do not necessarily reflect the views, opinion, choices, or input of Balabosta Ventures. Links to the guest bloggers are provided for convenience only. Balabosta Ventures does not endorse or sponsor guest bloggers or their services or opinions in any way.

7. COMPLIANCE WITH LAW 

You shall not use and/or access any Balabosta Ventures Site or the Materials in any manner that will violate any applicable local, state, national, international or foreign law, including, but not limited to any regulations having the force of law. Some jurisdictions may have restrictions on the use of the Internet by their residents. You agree not to impersonate another person in your use of any Balabosta Ventures Site or the sending of any e-mail to an address listed on any Balabosta Ventures Site. You may not use any Balabosta Ventures Site in any manner that could damage, disable, overburden or impair the site, interfere with any other party’s use and enjoyment of any Balabosta Ventures Site or compromise the integrity of, or otherwise modify, the Materials.

8. INDEMNITY 

You agree to defend, indemnify and hold Balabosta Ventures, its partners, employees, and authors of Materials, harmless from and against any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms of Use by you or in connection with your use of any Balabosta Ventures Site or the Materials.

9. INTENDED AUDIENCE 

The Balabosta Ventures Site are intended for adult individuals only. Balabosta Ventures does not target children under the age of 18 and does not seek to collect any personally identifiable information about children under the age of 18. We encourage and support the efforts of parents and legal guardians of children to monitor their children’s internet usage and to caution them against providing personally identifiable information to any website over the Internet without permission.

10. CHOICE OF LAWS; CHOICE OF VENUE 

The Balabosta Ventures Site (excluding any linked websites) are controlled by Balabosta Ventures from its offices within the State of New York, United States. You agree and acknowledge that your use of any Balabosta Ventures Site, and all transactions occurring in connection with such sites, shall be deemed to have occurred and taken place solely in the State of New York, United States. Further, You agree that all matters relating to access to, or use of, any Balabosta Ventures Site, shall be governed by the laws of the State of New York and the laws of the United States of America, without regard to the conflicts of laws principles. You also agree that any claim or cause of action arising out of or in any way relating to the Balabosta Ventures Site or your use thereof will be brought and maintained exclusively in the state or federal courts located in Westchester County, New York. By using any Balabosta Ventures Site you agree to submit to the personal jurisdiction of any court located in Westchester County, New York, and agree to waive any and all objections to the exercise of jurisdiction over you by any such court and to venue in such courts.

11. SEVERABILITY; WAIVER; ENTIRE AGREEMENT 

If any provision of the Terms of Use is invalid or unenforceable under applicable law, then it shall be, to the extent invalid or unenforceable, deemed omitted and the remaining provisions will continue in full force and effect. No waiver shall be deemed a continuing waiver or a waiver of any other term.

Unless specifically provided herein, the Terms of Use constitute the entire agreement between you and Balabosta Ventures with respect to your use of any Balabosta Ventures Site or the Materials. These Terms of Use shall supersede all prior agreements, understanding, negotiations and discussions, either oral or written, between the parties in respect of your use of any Balabosta Ventures Site or the Materials.

12. STATUTE OF LIMITATIONS 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of any Balabosta Ventures Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

13. TERMINATION

Your license to access and use the Balabosta Ventures Site and the Materials shall automatically terminate if you are in breach of any of the Terms of Use. Balabosta Ventures reserves the right, in its sole discretion, to terminate your access to the Balabosta Ventures Site, and to terminate your use of the Materials, or any portion thereof, at any time without notice. However, the failure of Balabosta Ventures to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Further, Balabosta Ventures reserves the right to your limit access or use of any portion of any Balabosta Ventures Site, including any RSS feeds.

14. MISCELLANEOUS 

If you discover a link on any Balabosta Ventures Site that is not active or other information that you believe is out-of-date, we invite you to submit this information to us at info@balabostaventures.com

The section titles in these Terms are for convenience only and have no legal or contractual effect. Balabosta Ventures is committed to providing the best possible experience for users of our Site.

If you observe material that you believe may be infringing another’s rights, please contact us at info@balabostaventures.com.