Blue Tractor Group, LLC Website Terms of Use
Legal Information & Notices

Welcome!
Please carefully read the following Terms and Conditions of Use (“Terms of Use”) before using this website or other Blue Tractor Group, LLC (“Blue Tractor”) social media sites (together, the “Sites”). Blue Tractor’s Sites include but are not limited to blogs, LinkedIn and Twitter.

By using this website and the Sites, you agree to follow and be bound by these Terms of Use, as well as any other terms of use required by the company that owns and operates the underlying social media site, which govern your use of the Sites.

Nothing contained in these Terms of Use is intended to modify or amend any other written agreement, if any, that may currently be in effect between you and Blue Tractor with regard to matters other than your use of the Sites.

Right to Modify Agreement
Blue Tractor may periodically modify these Terms of Use, and any such modifications will be effective immediately upon posting. We suggest that you periodically check these Terms of Use for modifications. If you do not agree to these Terms of Use, do not use the Sites.

Ownership
These sites are owned and operated by Blue Tractor and its subsidiaries and affiliates, if any.

Right to Modify Site
Blue Tractor may modify, suspend, discontinue, or restrict the use and availability of any portion of these Sites at any time, without notice or liability.

Right to Monitor Usage
Your use of these sites may be monitored by Blue Tractor and used for Blue Tractor’s internal business purposes, without liability.

No Offer or Advice
This website does not, and it is not intended to, provide any financial, investment, retirement planning, insurance, legal, accounting, or tax advice. The website should not be used or relied upon by you as a substitute for your independent research or professional advice. Nothing in this website constitutes an offer to sell or a solicitation of an offer to buy any security or any investment product or service. All products and services are subject to the terms and conditions of the applicable agreements. You are solely responsible for determining whether any investment, investment strategy, security or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation.

Limited License and Restrictions on Use
Blue Tractor grants you a limited, revocable, nonexclusive, nontransferable license to view, store, bookmark, download, and print the pages within these Sites solely for your personal, informational, and noncommercial use or as expressly authorized by Blue Tractor in writing. You are responsible for obtaining and maintaining all equipment, services, and other materials that you need to access these Sites. Blue Tractor reserves all rights not expressly granted in these Terms of Use. Except as otherwise stated in these Terms of Use or as expressly authorized by Blue Tractor in writing, you may not (or enable others to):

  • Modify, copy, screen capture, distribute, forward, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, software, products, services, or other materials on, generated by or obtained from these Sites, whether through links or otherwise (collectively, “Materials”);
  • Redeliver any page, text, image, or Materials on these Sites using framing or other technology;
  • Engage in any conduct that could damage, disable, or overburden (i) these Sites, (ii) any Materials or services provided through these Sites, or (iii) any systems, networks, servers, or accounts related to these Sites, including without limitation, using devices or software that provide repeated automated access to these Sites, other than those made generally available by Blue Tractor;
  • Probe, scan, or test the vulnerability of any Materials, services, systems, networks, servers, or accounts related to these Sites or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts connected or associated with these Sites through hacking, password or data mining, or any other means of circumventing any access-limiting, user authentication or security device of any Materials, services, systems, networks, servers, or accounts related to these Sites;
  • Modify, copy, obscure, remove, or display Blue Tractor’s name, logo, trademarks, text, notices, or images without Blue Tractor’s express written permission. To obtain such permission, you may e-mail us at admin@bluetractorgroup.com; or
  • Include the term “Blue Tractor”, “Shielded Alpha®” or any Blue Tractor®, logo or executive’s name, or any variation of the foregoing, as a meta-tag, hidden textual element, or any other indicator that creates an impression of affiliation, sponsorship, or endorsement by Blue Tractor.

Linking Conditions
You may not link to these Sites unless you comply with these linking conditions (“Linking Conditions”). Blue Tractor grants you a limited, revocable, nonexclusive right to create a hyperlink to these Sites (“Link”), provided you comply at all times with the following conditions:

  • The Link must resolve to Blue Tractor’s home page at www.bluetractorgroup.com, unaltered in any way;
  • The text of the Link must read either “Blue Tractor Group”, “Blue Tractor” or  www.bluetractorgroup.com;
  • You may not use any Blue Tractor logo or graphic, or any other Blue Tractor service mark, as part of the Link without Blue Tractor’s express written permission;
  • The Link and surrounding context on the linking site must not: (a) falsely represent or misrepresent any relationship between the linking site and Blue Tractor, including suggestions of affiliation, endorsement, or sponsorship; (b) portray Blue Tractor or its affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive manner; or (c) deliver the Materials in a framed environment or alter the layout, content, look, or feel of the Site; and
  • If you have created a Link that conforms to these Linking Conditions, then you also may include one or more Links to any internal or subsidiary page of these Sites that is located one or several levels down from the homepages (known as deep links), provided, however, that all such deep links must be in close physical proximity to the Link that conforms to the Linking Conditions. You may not maintain numerous or pervasive Links to these Sites.

User Content and License Grant
You agree that you are solely responsible for all information, data, content, text, photographs, graphics, images, videos, messages, comments, quotations, files, documents, and any other materials that you submit, upload, post, e-mail, transmit, or otherwise make available via the Sites (“User Content”).
By submitting, uploading, posting, e-mailing, or transmitting User Content to the Sites, you represent and warrant that either you own all right, title, and interest in and to the User Content or have express permission from the owner to copy and use such User Content for all purposes related to the Sites. Blue Tractor does not control and is not responsible for the User Content uploaded via the Sites, and Blue Tractor neither guarantees the accuracy, quality, or appropriateness of nor endorses any User Content submitted to the Sites.

You agree not to use the Sites to:

  • submit, upload, post, e-mail, transmit, or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, menacing, harassing, tortious, defamatory, vulgar, pornographic, obscene, offensive, blasphemous, libelous, unlawful, invasive of another’s privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable;
  • submit, upload, post, e-mail, transmit, or otherwise make available any User Content that personally attacks or is derogatory toward Blue Tractor as an entity, Blue Tractor employees, any Blue Tractor products or services, or any Blue Tractor Materials;
  • harm minors in any way, including, but not limited to, submitting, uploading, posting, e-mailing, transmitting, or otherwise making available content that violates child pornography laws, child sexual exploitation laws, or laws prohibiting the depiction of minors engaged in sexual conduct;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Sites;
  • submit, upload, post, e-mail, transmit, or otherwise make available any User Content that you do not have a right to make available under any law or contractual or fiduciary relationships or obligations;
  • submit, upload, post, e-mail, transmit, or otherwise make available any User Content that infringes, violates, or misappropriates any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right or any moral right of any party;
  • submit, upload, post, e-mail, transmit, or otherwise make available any personal information or specific account details about yourself or any person or entity;
  • submit, upload, post, e-mail, transmit, or otherwise make available any advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  • submit, upload, post, e-mail, transmit, or otherwise make available any material that contains viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
    intentionally or unintentionally violate any applicable local, state, national, or international laws, rules, regulations, decrees, acts, orders, directives, legislation, bills, or statutes.

You grant Blue Tractor and its affiliates, subsidiaries, directors, officers, employees, agents, licensors, and vendors a perpetual, worldwide, irrevocable, nonexclusive, fully-paid up, royalty-free, sublicensable, and transferable right and license to use, store, modify, adapt, translate, publish, display, broadcast, perform, disclose, distribute, sell, reproduce, and create derivative works from any User Content, in whole or in part, in any medium or technology throughout the world, including any inventions, concepts, techniques, know-how, ideas, or expressions of ideas arising out of or based on the User Content, for any purpose in Blue Tractor’s sole discretion, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party. Blue Tractor shall exclusively own all right, title, and interest in and to any derivative works or inventions created by or on behalf of Blue Tractor that incorporate or otherwise make use of any User Content, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party.

Except as set forth in our Privacy Policy, none of the User Content that you submit, upload, post, e-mail, or transmit or otherwise make available via the Sites shall be subject to any confidentiality obligations by Blue Tractor and its affiliates, subsidiaries, directors, officers, employees, agents, licensors, and vendors. Except as may be provided by federal securities laws, Blue Tractor shall not be liable in any way for any User Content or for the use or disclosure of any User Content.

You acknowledge that Blue Tractor may or may not (but are not obligated to) monitor User Content, but that Blue Tractor shall have the right in its sole discretion to monitor, post, move, refuse, or remove any User Content, in whole or in part, for any reason whatsoever, without notice and without liability.

Data, Information and Content
The Materials on these Sites are for information, education, and noncommercial purposes only. You alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any Materials on these Sites before making any decisions based on such Materials. In exchange for using such Materials, you agree not to hold Blue Tractor or its third-party information providers liable for any possible claim for damages arising from any decision you make based on the Materials made available to you through these Sites.

Third-Party Content
Data and other materials appearing on these Sites that are provided by third parties are believed by Blue Tractor to be obtained from reliable sources, but Blue Tractor cannot guarantee and is not responsible for their accuracy, timeliness, completeness, or suitability for use. Blue Tractor is not responsible for, and does not prepare, edit, or endorse, the content, advertising, products, or other materials on or available from any website owned or operated by a third party that is linked to these Sites via hyperlink. The fact that Blue Tractor has provided a link to a third party’s website does not constitute an implicit or explicit endorsement, authorization, sponsorship, or affiliation by Blue Tractor with respect to such website, its owners, providers, or services. You will use any such third-party content at your own risk and you agree that Blue Tractor is not liable for any loss or damage that you may suffer by using third-party websites or any content, advertising, products, or other materials in connection therewith.

Copyright Policy, Notice and Claim Information
All Materials on these Sites, whether separate or compiled, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, as well as all copyright, patent, service mark, trade dress, and other rights therein, are owned or licensed by Blue Tractor and its third-party information providers, and are protected by United States and international intellectual property laws.

Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Blue Tractor designates an agent as described below to receive notifications of claimed copyright infringement:

Stradley, Ronon Stevens & Young, LLP
Great Valley Corporate Center
30 Valley Stream Parkway
Malvern, PA 19355

Attention: Kevin R. Casey
Co-Chair, Intellectual Property
kcasey@stradley.com

Trademarks and Patents
All trademarks, service marks, and logos appearing on these Sites are the exclusive property of their respective owners:

  • All Blue Tractor graphics, logos, page headers, and service names are trademarks, service marks, or trade dress of Blue Tractor. Blue Tractor’s trademarks, service marks and trade dress may not be used in connection with any product or service that is not Blue Tractor’s, in any manner that is likely to cause confusion among customers or investors, or in any manner that disparages or discredits Blue Tractor. Nothing contained on these Sites should be construed as granting any license or right in or to any trademarks, service marks, or trade dress of Blue Tractor.
  • CGS identifiers have been provided by CUSIP Global Services, managed on behalf of the American Bankers Association by Standard & Poor’s Financial Services, LLC, and are not for use or dissemination in a manner that would serve as a substitute for any CUSIP service. The CUSIP Database, © 2019 American Bankers Association. “CUSIP” is a registered trademark of the American Bankers Association.

International Use
Because of the global nature of the Internet, you agree to comply with all local rules with respect to your online conduct, including all laws, rules, codes, and regulations of the country in which you reside and the country from which you access these Sites, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills, and statutes pertaining to tax, contracts, intellectual property, securities, e-commerce, banking, technology, computers, fraud, and privacy. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from the United States.

Information for Foreign Investors
The website is intended to be made available only to individuals in the United States, and the information on the website is only for such persons. Nothing on the websites shall be considered a solicitation to buy or an offer to sell a security, or any other product or service, to any person in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.

Timeliness of Content
All content on these Sites are presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

Termination
The rights granted to you herein terminate immediately upon any violation by you of these Terms of Use. Blue Tractor, in its sole discretion, reserves the right to temporarily or permanently terminate your access to and use of these Sites at any time and for any reason whatsoever, without notice or liability. Blue Tractor will not be liable to you or any third party for any termination of your access to or use of these Sites.

Warranty Disclaimers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THESE SITES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, BLUE TRACTOR AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY, WITH RESPECT TO (I) THE SITE; (II) ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITES; (III) USE OF THE SITES, MATERIALS, PRODUCTS, OR SERVICES; AND (IV) THE RESULTS OF THE USE OF THE SITES, MATERIALS, PRODUCTS, OR SERVICES.

FURTHER, BLUE TRACTOR AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE THROUGH THESE SITES.

EXCEPT AS PROVIDED BY LAW, NEITHER BLUE TRACTOR NOR ITS THIRD-PARTY INFORMATION PROVIDERS AND VENDORS HAS ANY RESPONSIBILITY TO MAINTAIN THE MATERIALS, PRODUCTS, OR SERVICES OFFERED ON THE SITES OR TO SUPPLY CORRECTIONS, UPDATES, OR RELEASES FOR THE SAME.

TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

Liability and Indemnity
ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THESE SITES ARE DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

NEITHER BLUE TRACTOR NOR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, OR COMMUNICATIONS LINE FAILURE, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, CAUSED BY THE USE OF OR INABILITY TO USE THE SITES, MATERIALS OR ANY PRODUCTS OR SERVICES PROVIDED HEREIN, OR ANY OTHER MATTER RELATING TO THESE SITES, EVEN IF BLUE TRACTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF Blue Tractor AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTIONS.

You agree to indemnify, defend, and hold harmless Blue Tractor, its subsidiaries and affiliates, each of its and their officers, directors, employees, and agents, licensors, and vendors from and against all claims, demands, liabilities, damages, losses, or expenses, including attorney’s fees and costs, arising out of or related to your improper access to or use of these Sites, or any violation by you of these Terms of Use.

Integration and Severability
If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. These Terms of Use represent the entire agreement between you and Blue Tractor relating to the subject matter herein.

Governing Law and Jurisdiction
The Terms of Use shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to the Terms of Use or the matters contemplated hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware.