Terms of Use | Continuum

Terms of Use

By using this site (the “Site”), you signify your agreement to all terms, conditions, and notices contained or referenced herein (“Terms of Use”).  If you do not agree to the Terms of Use, please do not use the Site.  Samuels & Associates (“Samuels”) reserves the right, in its discretion, to update or revise the Terms of Use.  Please check periodically for changes.  Your continued use of the Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

GENERAL

You may not use the Site for any purpose that is unlawful or prohibited by the Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Samuels or others.  Without limiting the foregoing, you may not attempt to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site by hacking or any other illegitimate means.

Additional terms and conditions may apply to specific portions of the Site, and such terms and conditions are made a part of the Terms of Use by reference.  You agree to abide by such other terms and conditions.  If there is a conflict between the Terms of Use and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site.

THIRD PARTY SITES

The Site may link you to other web sites on the Internet.  Such other web sites may not be under the control of Samuels, and you acknowledge that Samuels is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect(s) of the content of sites that are not under the control of Samuels.  The inclusion of such a link does not imply endorsement of the site by Samuels or any association between Samuels and the operators of such other site.

LINKING TO THE SITE

Generally, Samuels does not mind if you have a text link from your web site to the Site.  However, you may not frame or “mirror” the Site or incorporate pieces of it into a different web site or product.  Links to the Site must clearly identify Samuels as the source of information displayed and preserve the integrity of web pages associated with the Site without alteration.  Further, you may not link to the Site if you create or post any illegal, obscene or offensive content, or if the link in any way has a negative impact on our reputation.

PROPRIETARY RIGHTS

Samuels is the owner of all intellectual property rights, including, without limitation, all copyrights and trademarks, associated with the Site, with all rights reserved, exclusive of content provided by third parties, which is owned by the licensors of such content.  You acknowledge and agree that the content and materials available on the Site, including without limitation all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, taglines, video media, artwork, design, structure, selection, coordination, expression, “look and feel” and the arrangement thereof, are protected by copyrights, trademarks, service marks or other proprietary rights and laws. 

Samuels grants you a non-exclusive license to download, print, and make a reasonable number of copies of the content and materials available on the Site solely for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.  Except as set forth in the preceding sentence or as separately authorized in writing by Samuels, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, compile or create derivative works from such content or materials.  Use of the content or materials for any purpose not expressly permitted in the Terms of Use is prohibited.  You acknowledge and agree that the unauthorized use of the contents and materials on the Site could cause irreparable harm to Samuels or its licensors and that in the event of such unauthorized use, Samuels or its licensors shall be entitled to injunctive relief in addition to any other remedies available at law or in equity.

Samuels cautions you that some documents, photos, and other content may have been published on the Site with the permission of the relevant copyright owners (who are not controlled by Samuels).  All rights in such documents, photos, and other content are reserved to their owners, and permission to copy or otherwise exploit them must be requested and obtained directly from the copyright owners. 

If you have any questions about the non-exclusive license granted herein or if you would like to request additional rights, please write to Samuels & Associates, 333 Newbury Street, Boston, MA 02115 Attn: Webmaster; e-mail address: info@samuelsre.com.

USER CONTENT

From time to time, some of the content displayed on the Site may be submitted, transmitted, posted, or otherwise provided by users of the Site over whom Samuels exercises no control (“User Content”).  Samuels disavows responsibility for User Content to the extent permitted by law, and has no obligation to screen any User Content in advance.  Samuels may in its sole discretion at any time remove or alter any User Content or take any other actions with respect to such User Content.  Samuels has no liability or responsibility to users for performance or nonperformance of such activities.  Should you come across any content that you find objectionable, you can bring it to our attention by e-mailing us at info@samuelsre.com.

FEEDBACK AND SUBMISSIONS

You agree that you are and shall remain solely responsible for the contents of any submissions you make and that you will not submit anything to the Site that will violate any right of any third party, including copyright, trademark, patent, trade secret, privacy or other personal or proprietary rights.

From time to time, the Site may provide you an opportunity to communicate with Samuels.  Please be aware that any communication to Samuels through the Site or otherwise, whether such communication consists of suggestions, ideas, graphics, or other material, will be treated as nonconfidential and nonproprietary.  Anything you submit, transmit, or post becomes the property of Samuels, and Samuels is free to copy, display, distribute, modify, and otherwise use, either with or without attribution to you, and without being limited thereto, any ideas, concepts, suggestions, graphics, photography, or know-how contained in any communication for any purpose whatsoever, whether commercial or noncommercial, without payment of any compensation to you.

REGISTERED USER ACCOUNT, PASSWORD, AND SECURITY

In order to access some features of the Site, you may need to create a user account with an e-mail address and/or other personal information.  When creating your account, you must provide accurate and complete information.  You are responsible for maintaining the confidentiality of any user ID and password, and you are fully responsible for all activities that occur under your account.  Samuels disclaims any and all liability or responsibility for such use.

DISCLAIMER OF WARRANTIES AND LIABILITY

The information available on the Site is for informational purposes only.  You should not assume that the information provided is always complete, reliable, or up to date.  Nothing on this Site should be interpreted as investment, financial, tax, or legal advice.  You bear the sole responsibility for evaluating the merits and risks associated with the use of any data, information, or content on this Site before making any decisions based on such data, information, or content.  In exchange for using such data, information, or content, you agree not to hold Samuels or any of its third-party content providers liable for any possible claim for damages arising from any decision you make based on information made available to you through this Site.

None of the information available on the Site constitutes an offer to sell or a solicitation of an offer to buy any securities, investment products, or investment services.  Past performance is not necessarily indicative of future performance and is not a guarantee of future results.  Information presented on the Site, including any pricing, valuations, or comments on specific properties, if any, reflects the authors’ subjective analyses and other information available as of the publication date indicated.

ALL MATERIALS, INFORMATION AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE.  THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.  SAMUELS DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOUR USE OF THE SITE IS SOLELY AT YOUR RISK.  BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES SHALL SAMUELS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE.  THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF SAMUELS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  Applicable law may not ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN SUCH CIRCUMSTANCES Samuels SHALL HAVE THE LEAST AMOUNT OF LIABILITY PERMITTED BY LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Samuels, its affiliates, and their respective employees, contractors, officers, directors, members, managers, partners, and shareholders (each an “Indemnitee”) from and against all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Site.  Each Indemnitee reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with such Indemnitee in asserting any available defenses.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the following information to Samuels:

an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

identification of the copyrighted work that you claim to have been infringed, or, if multiple copyrighted works are covered by your notice, a representative list of such works;

identification of the content that you claim 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 Samuels to locate the content;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

a statement by you that the above information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.

Please send such notice to:

Samuels & Associates
333 Newbury Street
Boston, MA 02115
Attention:  Copyright Agent
Email address: info@samuelsre.com

CHOICE OF LAW AND FORUM

The Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules.  You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms of Use or your use of the Site shall be the state or federal courts located in the Commonwealth of Massachusetts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, these Terms of Use constitute the entire agreement between you and Samuels with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Samuels with respect to the Site.  If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Samuels, and the remaining portions shall remain in full force and effect.

TERMINATION

Samuels reserves the right, in its sole discretion at any time, to terminate your access to all or part of the Site and/or to remove any content and materials from the Site, with or without notice.  You agree that Samuels shall not be liable to you or any third party for any termination of your access to the Site or for removal of information from the Site.