Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the AP material found on this web site. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
Our Commitment to Privacy
Entelligent is committed to respecting your online privacy and maintaining the integrity and security of any personally identifiable information (your “Personal Information”). Personal Information is any information that may be used to identify an individual, including, but not limited to, first and last name, personal profile, email address, or other contact information. We may also collect information on the way you use our Site, your internet connection, and the equipment used to access the Site.
How and Why we Collect Information?
Entelligent collects public and non-public information about you, primarily from two sources: (i) information you may choose to provide us (generally, Personal Information); and(ii) information we or third parties collect as you interact with our Site, customize our Site or respond to electronic communications from us (collectively “User Information”). We use User Information to provide services and products that you request, improved user experience, analyze trends, administer the Site, deliver email, track user interaction with the Site and gather information.
We also have activated the following Google Analytics features to gather and track Personal Information and User Information: (i) Demographics and Interest Reports, (ii) Remarketing, and (iii) Advertising Reporting. Users of our Site may opt out of these features by following the procedures and links described below under Third-party Advertisements, Links to Other Sites and Opt-Outs.
Currently, we do not require you to provide Personal Information in order to access our free content, news and articles. However, in order for you to have access to some of our Site’s services you must become a free subscriber (or “member”). To become a member, you must subscribe and provide Personal Information, including your first and last name, zip code, username, email address and password. In addition to Personal Information, we will collect information provided by you when you report problems with the Site, customize you user interface, search inquiries on the Site and responses to user surveys.
User Information may be obtained by us through automatic data collection technologies, including: (i) details of your visits to the Site and the resources that you access and use on the Site; and (ii) your computer and internet connection, including your IP address, operating system and browser type. These technologies may also be used by us to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Third-party Advertisements, Links to Other Sites and Opt-Outs., below, for information on how you can opt out of behavioral tracking on this website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking. User Information collected by us automatically is statistical data and does not include personal information. Technologies used by us to automatically collect data include:
Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies. See - Third-party Advertisements, Links to Other Sites and Opt-Outs, below.
Web Beacons. Pages of our Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit Entelligent, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
How We Use and Share Information
Personal Information and User Information that we collect may be disclosed within Entelligent or to our third-party service providers and used to: (i) provide subscription fulfillment, delivery of mail, management of online surveys; (ii) provide customer service; (iii) perform business or sales analysis, and support other features currently offered or that we plan to offer in the future; (iv) present our Site and its contents to you; (v) provide you with information or services that you request from us; (vi) fulfill any other purpose for which you provide it; (vii) carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; (viii) notify you about changes to our Site; (ix) allow you to participate in interactive features on the Site, including customization of your Site interface; (x) in connection with the merger or sale of Entelligent or its assets, including sales where Entelligent is not continuing as a going concern through bankruptcy or litigation; and (xi) comply with any court order, law or legal process, including to respond to any government or regulatory request. We may also disclose Personal Information or User Information if we believe such disclosure is necessary or appropriate to protect the rights, property, or safety of Entelligent, our users or others, including exchanging information with other organizations for the purposes of fraud prevention, detection and protection.
Third-party Advertisements, Links to Other Sites and Opt-Outs
We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
It is our goal to provide you with choices regarding the use of your Personal Information and User Information, including:
Disclosure of Your Information for Third-Party Advertising - If you do not want us to share your Personal Information with third parties for promotional purposes, you can opt-out by following the procedures described in the following paragraphs.
Targeted Advertising. - If you do not want us collected information to deliver advertisements according to our advertisers' target-audience preferences. We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.
You may opt out of several third-party ad servers’ and networks’ cookies by utilizing tools created by NAI or the Digital Advertising Alliance. In addition, certain opt-outs are available related to Google Analytics Advertising. Please note that even if you opt-out, these tracking technologies may still collect data and you will still see ads, but they will not be targeted based upon the information collected through these tracking technologies.
Our website may contain links to other websites. Further, other websites may link to our Site. We can make no representations about nor are responsible for the privacy practices or content of other websites. We encourage you to be aware when you leave our Site to review the privacy policies of such other website.
Data Security – We believe we have implemented sufficient security policies, procedures, rules and technical and contractual measures to protect and safeguard the Personal Information under our control from unauthorized or improper use or disclosure, unauthorized modification, unlawful destruction or accidental loss. The safety and security of your information also depends on you. If you have created a password for access to certain parts of our Site, you are responsible for keeping this password confidential, and should not share your password with anyone. We also advise you to be careful about giving out information in public areas of the Site.
Data Breach - The transmission of information via the internet is not completely secure. Although we have implemented steps to protect your Personal Information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
Children’s Privacy – We are concerned about children’s privacy. Our Site is not designed to be utilized, targeted or be attractive to children. We will never intend or knowingly collect Personal Information for anyone under the age of 13 without prior verifiable parental consent.
Your California Privacy Rights - California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to firstname.lastname@example.org or write us at: 5378 Sterling Drive, Boulder, CO 80301
BDC II, LLC dba Entelligent
5378 Sterling Drive Boulder, CO 80301
Telephone: 303-443- 9447
Revision No. 1, Dated July 1, 2015
Changes to TOU
We may revise and update this TOU Agreement from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Website following the posting of revised TOU means that you accept and agree to the changes. You are expected to check this page from time to time as you access this Website so you are aware of any changes, as they are binding on you.
Use of Site
This Site is intended only for your individual use in jurisdictions where provision of our Site’s content is legal. We make no representations that content and other information provided on our Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so at your own risk and are responsible for compliance with local law. We reserve the right to limit the availability of the Site to any person, geographic area or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such Content, service or product that we provide.
Securities Disclaimers / No Recommendations or Professional Advice
Entelligent is a news and information service that includes newsfeeds, profiles, reports, newsletters and other data and information concerning publicly traded companies, business, the energy industry, governmental policies, and the environment. This information is presented and made available solely for general information purposes. We are not securities brokers/dealers or tax, legal, insurance or investment advisors. You understand that no Content published on this Site constitutes a recommendation for any individual stock, portfolio of stocks, transaction or investment strategy that is suitable for any specific person, including yourself. You understand that an investment in any security is subject to a number of risks and that none of the Content published on the Site will identify or describe risks or other relevant information needed to make an investment decision with respect to any securities. You alone are responsible for your own investment decisions and acknowledge that nothing on this site, including, but not limited to, the Content is investment advice. You should independently verify all information included in our Site and our Content. We do not warrant the accuracy, completeness or usefulness of the Content. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents
You understand that our Site may contain analyses, profiles or opinions from time to time related to companies mentioned on our Site or in Content offered by us or included in our Site, and that information or data included in our Content may be different from information or data in another of our offerings or postings of Content. You understand that our management, employees, and/or immediate family and/or affiliates of any of these may have a personal interest in a security of a company, which we have mentioned or plan to mention in a profile, report, newsletter or other information. Further, non-employees, including outside authors or other content contributors or their affiliates may write about securities of a company in which they or their firms have a position, and that they may trade for their own account. We require anyone who writes an article, profile, report or contributes to newsletters or other data and information to disclose to us as part of any contributed Content, any position that he/she may directly hold in any security of any company mentioned in such Content. In instances where we become aware that author has violated his/ her disclosure obligation, we will take appropriate action.
We obtain much of our Content through outside, third parties and contributors that we pay. We do not independently verify or “fact-check” the information included in the contributed Content. You understand: (i) that we believe data and other information provided by outside sources to be reliable, and Content contributors represent such to us; (ii) that any calculations made using such data, and those calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete or accurate. All statements and/or opinions expressed in the contributed Content, materials, and all articles and responses to questions and other content, other than the content expressly provided by Entelligent, are solely the opinions and the responsibility of the person or entity submitting the Content. These materials do not necessarily reflect the opinion of the Entelligent. We are not responsible or liable to you or any third party, for the content or accuracy of any materials provided by any third parties or submitted Content.
Timeliness of Content
From time to time, reference may be made on our Site to prior Content we have published. These references may be selective, may reference only a portion of an article, opinion or other piece of Content, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
All Content on our Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other events or reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
Accessing the Site / Password Security / Personal Information
While we will take the necessary steps, we can’t guarantee that the Site will be available 24 hours per day and seven days per week every week of every year. Further, we may occasionally take the Site down for routine maintenance or other reasons and the Site will not be available during those times. Lastly, we reserve the right at any time and from time to time, to modify or discontinue, temporarily or permanently, functions and features of the Site, with or without notice.
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to the Site.
If you have a password to access member areas of our Site, you are solely responsible for maintaining the confidentiality and use of your password and other security data. You may never share your user name or password or knowingly provide or authorize access to your account without our permission.
By creating a member account, you agree to provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Further, you agree that you will notify us immediately of any breach of security or unauthorized use of your account. You will be liable for any use made from your account or password and the losses of Entelligent or others due to such unauthorized use. We will not be liable for your losses caused by any unauthorized use of your account.
Intellectual Property Rights and Trademarks
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Entelligent, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Accordingly, you may not copy, distribute, modify, post or frame-in the Site, including any text, graphics, photos, video, audio, software code, user interface design, interactive features, and any other Content on our Site, and the trademarks and service marks contained in the Site are our property.
You may access and use the Content from our Site, solely for your personal, non-commercial use. If you download the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not modify copies of any of the Content from this Site or use any illustrations, photographs, video or audio sequences or any graphics separate from the accompanying text.
You acknowledge that you do not acquire any ownership rights by using the Site. We reserve all rights not expressly granted in and to the Site.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
Our name, the terms, the Entelligent logo and all related names, logos, product and service names, designs and slogans are trademarks of Entelligent or its affiliates or licensors. You must not use such marks without the prior written permission of Entelligent. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these TOU, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Entelligent. Any use of the Site not expressly permitted by these TOU is a breach of these TOU and may violate copyright, trademark and other laws.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), if you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our Copyright Agent (designated below). The written notice (the “DMCA Notice”) must include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works, including the web page address;
An identification of the allegedly infringing material, and a description of where that material is located on our Site, including the web page address;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the copyright owner, or that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive the DMCA Notice is:
By mail: BDC II, LLC dba Entelligent, 5378 Sterling Drive, Boulder, CO 80301
By phone: 303-443-9447
By email: Copyright@entilligent.com
If you fail to comply with all of the requirements of your DMCA Notice may not be effective. If you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under the DMCA.
This section shall survive any termination of these TOU.
Changes to Site
We reserve the right, at any time in our sole discretion, to:
Change our Site, including suspension or discontinuation of the Site or any Content or service offered through our Site, without notice;
Charge a fee or other condition to use our Site, with reasonable notice
You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Site or any Content offered through the Site. You accept those modifications if you continue to use our Site. You should check our Site frequently to see any recent changes.
User Code of Conduct
By using this Site, you agree to:
Comply with all applicable laws, rules and regulations in connection with your use of our Site and its Content; and
When creating your account, you will provide accurate and complete information.
Further, by using the Site, you agree to NOT to do any the following:
Create more than one account;
Share your account user name or password or knowingly provide or authorize access to your account;
Use another user's account without permission;
Use our Site for any unlawful purpose;
Use, copy, display, sell, republish, post, transmit, distribute or otherwise similarly utilize our Content without our permission;
Collect information about our visitor or members without their express consent;
Restrict or inhibit any other visitor or member from using our Site, including but not limited to by means of “hacking,” “cracking,” or otherwise defacing any portion of our Site;
Claim or imply that any statements you make are endorsed by us, without prior written consent;
Transmit any software or other materials that contain any virus, worm, or any other harmful or disruptive computer code, file or program;
To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability.
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, download, index, “data mine,” “scrape,” “harvest’” or in any way reproduce or circumvent the navigational structure or presentation of our Site or its contents;
Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site;
Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
Use any device, software or routine that interferes with the proper working of the Site;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
Otherwise attempt to interfere with the proper working of the Website.
You understand that we may terminate your access to and use of our Site, without prior notice to you. We may cancel your access for any reason, including, but not limited to violation of the terms contained in this TOU or by request of law enforcement or other regulatory authorities.
By using our Site, you agree to indemnify and hold us, our officers, directors, employees, representatives and third-party Content providers harmless from and against any and all claims, losses, liability, damages, costs and expenses (including reasonable attorneys’ fees), or other expenses that arise from your use of our Site or your violation of this TOU. This section shall survive any termination of these TOU.
Monitoring and Disclosure
We reserve the right to access, read, preserve, and disclose any information we believe is reasonably necessary to (a) comply with any applicable law, regulation, legal process, subpoena or governmental or regulatory request, (b) enforce this TOU, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect our rights, property or safety or our users, your or the public.
We reserve the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Governing Law and Jurisdiction
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TOU OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
DISCLAIMER OF WARRANTIES
ENTELLIGENT DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT OUR SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. OUR SITE AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH OUR SITE ARE MADE AVAILABLE TO YOU “AS IS” AND “AS AVAILABLE” AND WE DO NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED. WE DO NOT WARRANT THAT OUR SITE WILL MEET YOUR NEEDS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ALSO MAKE NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE OR RELIABLE OR THAT THE QUALTIY OF PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ENTELLIGENT OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
LIMITIATON OF LIABILITY
NEITHER ENTELLIGENT NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH ENTELLIGENT (INCLUDING BUT NOT LIMITED TO LOST PROFITS, TRADING LOSSES OR DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE FIDELITY SITES AND THIRD PARTY CONTENT, INCONVENIENCE OR DELAY). YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO ENTELLIGENT FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE OR ANY SERVICES, DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.