Terms of Use


Bert L. Howe & Associates, Inc. (BHA) operates this site to provide online access to information about Bert L. Howe & Associates, Inc. and the products, services, and opportunities we provide. By accessing this site, you agree to each of the terms and conditions set forth herein ("Terms of Use"). BHA reserves the right to modify these Terms of Use at any time without giving prior notice. Your use of the site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as so modified.

1. Use of Site
You may use the site and the information, writings, images, and/or other works that you may see, hear, or otherwise experience on the site (singly or collectively, the "Content") solely for information purposes. Nothing on this site can be construed as expert opinion or legal advice. Nothing on this site can be construed as a recommended course of action. If you have legal questions, please consult an attorney who practices in area of law pertinent to your question. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. BHA reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the site, except as expressly permitted by the Terms of Use.

2. Copyright
The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to BHA or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by BHA or other copyright owners who have authorized their use on the site.

3. Trademarks
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

4. Links to Third-Party Web Sites
Links on the site to third-party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by BHA of the third party, the third-party web site, or the information contained therein. BHA is not responsible for the availability of any such web sites. BHA is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of BHA affiliates or service providers, you will leave the site, and will be subject to the terms of use and privacy policy applicable to those web sites.

5. Downloading Files
BHA cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

6. Disclaimer of Warranties
BHA makes no express or implied warranties, representations or endorsements whatsoever with respect to the site, the service or the content. BHA expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the site, the service, the content, and any product or service furnished or to be furnished via the site. BHA does not warrant that the functions performed by the site or the service will be uninterrupted, timely, secure or error-free, or that defects in the site or the service will be corrected. BHA does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. The site, the service and the content are provided on an "as is" and "as available" basis. BHA does not guarantee the suitability of this site for your computer, mobile computing device, or operating system and cannot be held liable for application or device failures.

7. Limitation of Liability
In no event will BHA be liable for any damages whatsoever, including, but not limited to any direct, incidental, consequential, special, exemplary or other indirect damages arising out of (i) the use of or inability to use the site, the service, or the content, (ii) any transaction conducted through or facilitated by the site; (iii) any claim attributable to errors, omissions, or other inaccuracies in the site, the service and/or the content, (iv) unauthorized access to or alteration of your transmissions or data, or (v) any other matter relating to the site, the service, or the content, even if BHA has been advised of the possibility of such damages. If you are dissatisfied with the site, the service, the content, or with the terms of use, your sole and exclusive remedy is to discontinue using the site.

Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. In such states, BHA’s liability is limited and warranties are excluded to the greatest extent permitted by law, but shall, in no event, exceed $100.00.

8. Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless BHA, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, or the Content, or any violation by you of this Agreement.

9. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

10. General Provisions
a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by BHA of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. BHA therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. BHA does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect.