TALMAGE, LLC

LEGAL NOTICES AND TERMS AND CONDITIONS OF USE

 

Terms and Conditions of Use
Please read these Terms and conditions carefully. By using this site, you signify your acceptance of our Terms and Conditions of Use (“Terms”). If you do not agree to these Terms, do not use this site.

Modification and Monitoring of Website
Talmage, LLC (“Talmage”) reserves the right, at our discretion, to alter, modify, add, update or remove portions of these Terms at any time. Please review these Terms periodically for changes. Using this website after we post Term changes constitutes your acceptance of the changed Terms. Talmage expressly reserves the right to monitor any and all use of this website, and to block access to, or to terminate, this website at any time without prior notice.

Copyrights and Restrictions on Use of Materials
Talmage owns and operates this site. All trademarks, service marks, trade names and other intellectual property displayed on this site are proprietary to Talmage, except those belonging to other organizations as annotated. Nothing contained on this site should be construed as granting any license or right to use any trademark displayed on this site without our written permission or the written permission of such third party, if any, that may own any trademark displayed on this site.

Restrictions
Other users and sites may not . . .

  • Copy, reproduce, republish, upload, post, transmit or distribute in any way material from Talmage’s website or any website owned, operated, licensed or controlled by Talmage.
  • Copy, modify, or display Talmage’s name, logo, text, or graphic images in any way without Talmage’s express written authorization.
  • Redeliver any of the pages, text, images or other content of Talmage’s website using “framing” technology without Talmage’s express written authorization.
  • Modify or use the pages, text, images or other content from Talmage’s website for any other purpose.  Doing so violates Talmage’s copyrights and other proprietary rights.

However, individuals may, for personal, non‑commercial use (1) download materials displayed on Talmage’s website, provided all copyrights and other proprietary notices respecting those materials are retained, and (2) bookmark or point to any page within Talmage’s website. No other links to this site are permitted without Talmage’s express written authorization.

Third-Party Content
Unless consent is obtained, Talmage does not permit hyperlinks to its site, Talmage is not responsible for the content of any site owned by a party connected to Talmage’s website via hyperlink, and any such link to a particular website is not an endorsement, authorization, sponsorship, or affiliation by or with us respecting such website.  Talmage likewise is not responsible for third party content that appears on this website.

Disclaimers

  • There are no implied or expressed warranties on the materials in this site; Talmage provides these materials “as is.”
  • Talmage and its affiliates disclaim, to the fullest extent of the law, all warranties of any kind, whether express or implied, as to any matter whatsoever relating to this service, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non‑infringement. Use of Talmage’s website service is at your own risk.
  • Talmage and its affiliates intend that the information contained in this service be accurate and reliable; however, errors sometime occur. Talmage does not warrant or represent that the materials in this site are correct, complete, accurate or reliable.
  • Talmage does not warrant that the functions contained in the materials will be uninterrupted or error‑free, that defects will be corrected, or that this site or the servers that make it available are free from viruses or other harmful components. You (and not Talmage) assume the entire cost of all necessary servicing, repair or correction of your property or operations as a result of using this website. You accept at your own risk that the Internet and online communications medium may not perform as intended despite the efforts of Talmage, your Internet service provider and you.
  • Reference to an investment anywhere on this website is not a recommendation to buy, sell or hold that or any other security.
  • Nothing contained in this site constitutes investment advice and should be used as the basis of any investment decision.
  • If you live in a state or other U.S. jurisdiction that does not permit disclaimers of implied warranties, our disclaimer may not apply to you.


Limitation of Liability
Talmage and its affiliates are not liable under any circumstances – including, but not limited to, negligence – for any special or consequential damages that may result from the use of, or the inability to use, the materials on this site, even if Talmage or a Talmage‑authorized representative has been advised of the possibility of such damages.
Talmage and its affiliates are not liable for damages or injury, including, but not limited to, damages or injury caused by any performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether resulting, in whole or in part, from breach of contract, tortious behavior, negligence or otherwise. If you live in a state that does not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you.
In no event shall Talmage’s total liability to you for damages, losses and causes of action – whether in contract, tort (including, but not limited to, negligence) or otherwise – exceed the amount paid by you, if any, for accessing Talmage’s site.

Jurisdictional Issues and Applicable Law
Unless otherwise specified, Talmage controls and operates this site from our offices within the State of New York, United States of America. New York state law governs these Terms. If you take legal action relating to these Terms, you agree to file such action only in the Supreme Court of the State of New York located in the County of New York, or the United States District Court for the Southern District of New York, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.

Termination
Talmage will terminate this agreement immediately without notice if, in Talmage’s sole discretion, you fail to comply with any provision of these Terms. Upon termination, you must destroy all materials obtained from this or any Talmage site and all copies of those materials, whether or not they were made under these Terms.

Integration and Severability
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
The preceding Terms and conditions of use represent the entire agreement between Talmage and the user relating to the subject matter hereof.