Terms of Service

PLEASE READ THIS DOCUMENT CAREFULLY. Birkdale Transition Partners LLC (“BTP,” “Birkdale,” “we,” or “us”) offers an online website featuring information and multi-media about finances, investments, and business strategy, located at <http://www.birkdaletransition.com> (collectively “Services”). By using Services in any way, you accept these Terms of Service (“Agreement”), which forms a legally binding agreement between you and BTP. If you do not wish to be bound by this Agreement, do not use BTP’s Services.

Who May Use BTP’s Services

AGE REQUIREMENT: Users must be at least eighteen (18) years old to use BTP’s Service. If such persons under the age of eighteen (18) shall utilize BTP’s Service against the express instructions of BTP as expressed above, BTP shall not liable for any third–party lawsuits, or other actions, against such persons.

2. Financial Services Disclaimer

Information provided through Services is for information purposes only and should not be relied upon in making financial decisions. BTP does not represent that any of the products, information, or strategies mentioned through Services are suitable for any specific business, investor, or purpose. Information provided through Services reflects the author’s analysis based upon the materials available when written. USERS OF SERVICE ARE ADVISED TO SEEK THE GUIDANCE OF THEIR FINANCIAL OR BUSINESS ADVISOR, ATTORNEY, OR TAX PROFESSIONAL BEFORE MAKING ANY FINANCIAL OR BUSINESS DECISIONS.

Users of Services are not BTP’s clients by virtue of using Services. No advisor-client relationship is created by User’s use of BTP’s Services.

Some of the materials contained in, linked to, or referenced in Services may be from third party sources. While believed to be reliable, these materials may contain inaccuracies or be incomplete. BTP takes no responsibility for such materials.

3. License To Use The BTP Services

LICENSE: BTP grants you a limited, non-exclusive license to access and use BTP’s Services for your own personal, non-commercial purposes. This license is personal to you and may not be assigned, sublicensed or otherwise transferred or sold to anyone else.

COMMERCIAL USE: You may not use BTP’s Services for any of the following commercial purposes including, but not limited to:

the sale of access to BTP’s Services;
the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing materials delivered via BTP’s Services;
the linking and/or reposting of any materials, including, but not limited to text, images, video, or other multi-media, delivered via BTP’s Services to webpages that contain advertisements; or
otherwise selling or profiting, or permitting others to profit from, BTP’s Services.

RESTRICTIONS: Except as expressly permitted by BTP in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble BTP’s Services. Nor will you take any measures to interfere with or damage BTP’s Services. All rights not expressly granted by BTP are reserved.

4. Privacy

Your privacy rights are set forth in our Privacy Notice, which is herein incorporated. Please review the Privacy Notice to learn about:

What information we may collect about you;
What we use that information for; and
With whom we share that information.

5. Indemnification

The User agrees to indemnify, defend, and hold BTP harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to the User’s use of BTP’s Services.

6. Corporate Identification, Site Content & Trademarks

All trademarks, service marks and trade names of BTP used in Agreement and Services are trademarks or registered trademarks of BTP or its affiliates (“BTP’s Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify BTP’s Trademarks in any way, including in advertising or publicity pertaining to distribution of materials from Services, without BTP‘s prior, written consent. The use of BTP’s Trademarks on any other website or network computer environment is not allowed. You may not use BTP’s Trademarks as a “hot” link on or to any other website unless establishment of such a link is approved in writing by BTP in advance.

7. Trademarks Notice

BIRKDALE, BIRKDALE TRANSITION PARTNERS and Advocate for the Outcome are trademarks of BTP. Other product and brand names on this site may be trademarks or registered trademarks of their respective owners.

8. Copyright Notice

All content on or in Services is copyrighted unless otherwise stated in this Agreement or Services. All content may not be used except as provided in this Agreement or as indicated in Services without BTP’s express written permission. BTP neither warrants nor represents that your use of materials displayed on Services will not infringe rights of third parties not owned by or affiliated with BTP. Images, photographs, or illustrations displayed on the website are either the property of, or used with permission, by BTP. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by this Agreement or specific permission provided elsewhere in Services. Any unauthorized use of these materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

9. ALLEGED COPYRIGHT INFRINGEMENT AND DMCA §512(c) NOTIFICATION

BTP respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), which may be found at <http://www.copyright.gov/title17/>, with a summary at <http://www.copyright.gov/legislation/dmca.pdf>, BTP will seriously investigate and respond to all claims of copyright infringement, even though users, members, and subscribers agree to indemnify, defend, and hold BTP harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to their use of Services. If you are a copyright holder, or authorized to act on behalf of a party that is the holder of an exclusive right to a copyrighted work, and if you believe that your copyright has been infringed, please send us a notice as set forth below:

Specifically identify the work you are claiming to have been infringed. If you are claiming multiple works are being infringed a representative list of the copyrighted works may be submitted instead.

Specifically identify the material or link you are claiming to be infringing or 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 BTP to locate the material. Providing clear URLs is the best way to do this.

Provide BTP with the following information to contact you:

Name, position, and organization

Mailing address

Telephone number

Electronic mail address;

Submit a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

Submit a statement that the information you have provided in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

Submit your physical or electronic signature. To sign electronically you may begin and end your name or initials with a “forward slash” (“/”). For example, Bob Q. Smith could electronically sign /BQS/ or /Bob Q. Smith/.

In compliance with 17 U.S.C. §512(c)(2), the notice set forth above should be sent to our designated agent:

NAME: Birkdale Transition Partners LLC

MAILING ADDRESS: 20 North Clark Street, Suite 3300 Chicago, IL 60602

TELEPHONE NUMBER: 312.626.1820

E-MAIL: barry@birkdaletransition.com

For other intellectual property or legal claims, please send us a notice at info@birkdaletransition.com.

10. Disclaimers

BTP reserves the right to modify BTP’s Services at any time. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to BTP’s Services. BTP does not guarantee that any material available on the BTP’s Services complies with this Agreement or is suitable for all users.

BTP provides its Services on an “as is” and “as available” basis. You therefore use BTP’s Services at your own risk. BTP expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, BTP makes no representations or warranties:

That BTP’s Services will be permitted in your jurisdiction.
That BTP’s Services will be uninterrupted or error-free.
That BTP’s Services will meet your needs.
That BTP’s will continue to support any feature of BTP’s Services.
Concerning sites and resources outside of BTP’s Services, even if linked to from BTP’s Services.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used BTP’s Services, and no warranties shall apply after such period.

11. Limitation Of Liability

To the fullest extent permitted by law BTP shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses.

12. General Provisions

GOVERNING LAW: This Agreement shall be governed by the laws of the State of Illinois, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

VENUE AND JURISDICTION: You and BTP agree any action arising out of or relating to this Agreement or BTP’s Services must be commenced in the state or federal courts located in Cook County, Illinois, United States of America (and you consent to the jurisdiction of those courts).

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by BTP in exercising any right hereunder will waive any further exercise of that right. BTP‘s rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD–PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without BTP’s prior written consent. No third party shall have any rights hereunder.

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from BTP electronically. BTP may provide all such communications by email or by posting them on the BTP Service. For support-related inquiries, you may send an email to info@birkdaletransition.com.

You may send notices of a legal nature to BTP at info@birkdaletransition.com or to the following address:

Birkdale Transition Partners LLC

250 Parkway Drive Suite 150

Lincolnshire, IL 60069

Nothing herein shall limit BTP’s right to object to subpoenas, claims, or other demands.

MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by BTP on BTP’s Services or a written amendment signed by an authorized representative of BTP. A revised Terms of Service will be effective as of the date it is posted on the BTP Services.