Cattle Faces

Terms of Use

 

Bartlett and Company Terms of Use

Effective Date: Jan 1, 2011

Thehttp://www.bartlettandco.com web site and any derivative or affiliated web site on which these Terms of Use are posted linked, are owned and operated by Bartlett and Company, Inc., a Missouri corporation ("Bartlett and Company"). Bartlett and Company has adopted these Terms of Use ("Terms of Use") to make you aware of the terms and conditions of your use of the http://www.bartlettandco.com web site, any derivative web sites on which these Terms of Use are posted and any Content (defined below) or other products or services that are offered or provided via the aforementioned web site. In the event that you purport to be the agent of, represent, or otherwise act on behalf of an entity or any other person, references to "you," "your" or "User" shall include such entity or person in addition to you, you represent and warrant that you are in fact an authorized representative of such entity or other person and have the authority to bind such entity or other person to these Terms of Use, and your acceptance of these Terms of Use shall constitute acceptance on behalf of such entity or person. Additionally, please note that your use of certain features or Content on the Web Site may be subject to other written agreements between Bartlett and Company and you and/or the entity you represent. The terms of such other agreements shall continue to govern your use and shall control to the extent they expressly conflict with these Terms of Use.

Bartlett and Company reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use at any time by posting such changes to this page. You understand that you have the affirmative obligation to check these Terms of Use periodically for changes, and you hereby agree to periodically review these Terms of Use for such changes. The continued use of the Web Site following the posting of changes to these Terms of Use will constitute your acceptance of those changes going forward from the date of revision. The most current version of these Terms of Use can be reviewed at http://www.bartlettandco.com/terms-of-use Amended dispute resolution provisions will not apply to any dispute of which the parties had actual notice as of the date of the change.

BY USING OR OTHERWISE ACCESSING THE WEB SITE, CREATING, REGISTERING OR ACCESSING AN OR MANIFESTING YOUR ASSENT TO THESE TERMS OF USE IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND EXPRESSLY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS OF USE. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS OF USE, YOU MAY NOT USE OR OTHERWISE ACCESS THE WEB SITE, CREATE, REGISTER OR ACCESS AN ACCOUNT VIA THE WEB SITE.


General Terms of Use and Restrictions on Use

Bartlett and Company hereby grants you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Web Site solely for your noncommercial, personal use or the internal business needs of the entity of which you are an authorized representative, as the case may be, subject to your agreement to, compliance with and satisfaction of these Terms of Use. Bartlett and Company reserves all rights not otherwise expressly granted by these Terms of Use. If you do not comply with the Terms of Use at any time, Bartlett and Company reserves the right to revoke the aforementioned license(s), limit your access to the Web Site or restrict your ability to post or download Content. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from the Web Site. You may not obscure or remove any proprietary rights notices contained in or on the Content. You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your access to and use of the Web Site or any part thereof.

Bartlett and Company may discontinue or alter any aspect of the Web Site, remove Content from the Web Site, restrict the time the Web Site is available or restrict the amount of use permitted at Bartlett and Company's sole discretion and without prior notice or liability. You agree that Bartlett and Company may, under certain circumstances and with or without cause, immediately suspend and/or terminate your access to the Web Site or any part thereof. Cause for such measures shall include, without limitation: (a) breaches or violations by you of these Terms of Use or other incorporated agreements or guidelines; (b) discontinuance or material modification to the Web Site; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or (e) engagement by you in fraudulent or illegal activities. Bartlett and Company may take such measures in its sole discretion and without liability to you or any third party.

For purposes of these Terms of Use, references to "post" or "posting" shall refer to any manner of posting, transmitting, uploading, providing, making available or otherwise transferring material or information.


Bartlett and Company Intellectual Property

Unless otherwise specifically noted in these Terms of Use, images, trademarks, service marks, logos and icons displayed on the Web Site, including, without limitation, Bartlett and Company, the Bartlett and Company logo, Bartlett Grain Company, Bartlett Milling Company and Bartlett Cattle Company, are the property of Bartlett and Company and/or its licensors and may not be used without Bartlett and Company's prior written consent. Trademarks owned by third parties are the property of those respective third parties. The Web Site is the copyrighted property of Bartlett and Company, and it may not be reproduced, recreated, modified, accessed or used in any manner or disseminated or distributed to any other party in violation of these Terms of Use. Any unauthorized use of any Content, whether owned by Bartlett and Company or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the intellectual property found in the Web Site or any part thereof or grant any other person or entity the right or access to do so.


Accounts

For certain aspects of the Web Site, you may be asked to register an account. In the event you agree to register an account, you will select and/or receive a username and password upon providing registration information and successfully completing the registration process. This account is personal to you, and you may not share it or allow any other person to utilize your account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify Bartlett and Company in the event (a) your registration information changes, or (b) you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. You also agree that you will provide truthful and accurate information during the registration process. Bartlett and Company may refuse to grant a particular username to you for any reason, including, without limitation, in the event Bartlett and Company determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive.


Content

You acknowledge that the Web Site may contain or provide access to information, software, photos, video, text, graphics, music, sounds or other material provided by Bartlett and Company or third parties (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other intellectual property laws, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. For the avoidance of doubt, references to Content shall include User Content.

The Content posted by users via the Web Site other than Feedback (defined below) (collectively, "User Content") is the intellectual property of the specific users of the Web Site who post such User Content and their licensors, if any. Bartlett and Company does not claim any ownership rights in such User Content. By posting User Content via the Web Site, however, you hereby grant to Bartlett and Company a limited, transferable, nonexclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content for purposes of operating the Web Site and for such other purposes as the User Content was disclosed. Bartlett and Company does not generally monitor or otherwise remove User Content after it is posted on the Web Site except under certain limited circumstances as required or permitted by law or otherwise in the sole discretion of Bartlett and Company. In the event you would like to request that Bartlett and Company remove your User Content from the Web Site, please contact Bartlett and Company at (800) 888-6300. Please note however, that if Bartlett and Company agrees, in its sole discretion, to remove your User Content, such User Content may not be completely removed or may otherwise still be available to others in the following non-exclusive circumstances: (a) your User Content has been incorporated into derivative works or compilations created by Bartlett and Company or other parties; (b) such User Content has been retained in Bartlett and Company's data backup systems or for archival purposes; or (c) to the extent such User Content has been downloaded by other persons and such persons retain your User Content.


Feedback

Bartlett and Company welcomes your comments, feedback, information, or materials regarding the Web Site, Content or Bartlett and Company's products or services (collectively, "Feedback"). If you submit Feedback to Bartlett and Company, please note that your Feedback shall become the property of Bartlett and Company. By submitting your Feedback to Bartlett and Company, you agree to assign, and hereby irrevocably assign to Bartlett and Company, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. Bartlett and Company shall be free to use your Feedback on an unrestricted basis. You hereby assign and/or waive, as the case may be, any moral rights that you may have in or to the Feedback.


Privacy

Bartlett and Company collects, stores and uses data collected from you via the Web Site in accordance with its Privacy Policy, located at http://www.bartlettandco.com/privacy-policy. The terms and conditions of the Privacy Policy are hereby expressly incorporated into these Terms of Use.


Links

The Web Site may provide, or third parties may provide, links to other web sites or resources on the Web. Because Bartlett and Company has no control over such web sites or resources, you acknowledge and agree that Bartlett and Company is not responsible for the availability of such external web sites or resources, and Bartlett and Company does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such web sites or resources or for any privacy or other practices of the third parties operating those web sites or resources. You further acknowledge and agree that Bartlett and Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such Content, goods or services available on or through any such web site or resource. Bartlett and Company strongly encourages you to review any separate terms of use and privacy policies governing use of these third party web sites and resources.


User Representations

You hereby represent and warrant to Bartlett and Company that: (a) you (i) have reached the age of majority in the jurisdiction where you reside (generally 18, 19 or 21 years of age depending on the jurisdiction), (ii) are an emancipated minor under the laws of your jurisdiction of domicile and/or residence, (iii) possess legal parental or guardian consent, or (iv) otherwise have the power and authority to enter into and perform your obligations under these Terms of Use; (b) all information provided by you to Bartlett and Company is truthful, accurate and complete; (c) you will comply with the terms and conditions of these Terms of Use and any other agreement to which you are subject that is related to your use of the Web Site, Content or any part thereof; (e) you have provided and will maintain accurate and complete registration information with Bartlett and Company, including, without limitation, your legal name, email address and any other information Bartlett and Company may reasonably require; (f) your access to and use of the Web Site or any part thereof will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (g) you will immediately notify Bartlett and Company in the event that you learn or suspect that your registration information, username or password has been disclosed or otherwise made known to any other person; (h) you will not use the Web Site in order to gain competitive intelligence about Bartlett and Company, the Web Site or any product or service offered by Bartlett and Company via the Web Site or to otherwise compete with Bartlett and Company or its affiliates; and (i) if you purport to be the agent of, represent or otherwise act on behalf of an entity or any other person, that you are in fact an authorized representative of such entity or other person and have the authority to bind such entity or other person to these Terms of Use.

In the event that you post any User Content or provide any Feedback via the Web Site, you hereby make the following additional representations and warranties to Bartlett and Company: (1) you are owner of such User Content or Feedback or otherwise have the right to grant Bartlett and Company the licenses or assignments granted pursuant to these Terms of Use; (2) you have secured any and all consents necessary to post the User Content or Feedback and to grant the foregoing licenses or assignments; (3) the User Content or Feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such User Content or Feedback does not contain any personally identifiable information about third parties in violation of such parties' rights; (4) the use of any User Content or Feedback will not result in harm or personal injury to any third party; and (5) all factual information contained in the User Content or Feedback is true and accurate.


Prohibited Uses

You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Web Site or any part thereof or any Content that you may post or download via the Web Site, which includes, without limitation: (a) use of the Web Site to post, store or disseminate material or information that is or to a reasonable person may be false, fraudulent, unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another's privacy, offensive, vulgar, threatening, malicious, hateful or racially, ethnically or otherwise objectionable; (b) use of the Web Site to post, store or disseminate Content, files, graphics, software or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person; (c) use of the Web Site to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Web Site, to Content, to restricted portions of the Web Site or any other computer network or equipment; (d) use of the Web Site to post, store or disseminate viruses, Trojan horses or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (e) use of the Web Site to post, store or disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; (f) use of any manual or automated software, devices or other processes to "crawl" or "spider" any web pages contained in the Web Site (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Web Site); (g) use of the Web Site to gain competitive intelligence about Bartlett and Company, the Web Site or any product or service offered by Bartlett and Company via the Web Site or to otherwise compete with Bartlett and Company or its affiliates; (h) framing or otherwise simulating the appearance or functions of the Web Site or any portion thereof; (i) harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users; or (j) use of the Web Site to engage in any activity that, as determined by Bartlett and Company, may violate these Terms of Use, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms of Use.


Disclaimer

Bartlett and Company uses reasonable efforts to maintain the Web Site, but Bartlett and Company is not responsible for any defects or failures associated with the Web Site, any part thereof, any Content posted using the Web Site, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. The Web Site may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions, (b) periodic maintenance procedures or repairs which Bartlett and Company may undertake from time to time, or (c) causes beyond the control of Bartlett and Company or which are not foreseeable by Bartlett and Company.

Bartlett and Company does not control the User Content posted by its users, nor does it have any obligation to monitor such User Content for any purpose. Despite the fact that it has no monitoring obligations, Bartlett and Company reserves the right to remove any and all material that it feels is actually or potentially inappropriate, offensive, illegal or harmful in any respect or which may otherwise violate these Terms of Use. You understand that by using the Web Site, you may be exposed to Content that may be offensive, indecent, vulgar, defamatory or otherwise objectionable, and that in no way shall Bartlett and Company be liable under any theory for such exposure.

Bartlett and Company is not a backup service for storing User Content, and Bartlett and Company shall have no liability regarding any loss of User Content. You are solely responsible for creating backups of any User Content you post using the Web Site.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE WEB SITE, ANY CONTENT PROVIDED VIA THE WEB SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, BARTLETT AND COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT.

WITHOUT LIMITATION, BARTLETT AND COMPANY MAKES NO WARRANTY THAT THE WEB SITE, ANY CONTENT PROVIDED VIA THE WEB SITE WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION FOUND THEREON WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE WEB SITE OR ANY PRODUCT OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.


Release and Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BARTLETT AND COMPANY AND ITS PARENT, SUBSIDIARY AND RELATED COMPANIES AND THEIR PERSONNEL SHALL NOT BE LIABLE FOR, AND YOU HEREBY RELEASE THE FOREGOING PARTIES FROM, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE WEB SITE, ANY CONTENT ACCESSED VIA THE WEB SITE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (C) ANY OTHER MATTER RELATING TO THE WEB SITE, ANY CONTENT OR THE PURCHASE OF BARTLETT AND COMPANY'S PRODUCTS OR SERVICES. IF YOU HAVE SUFFERED ANY OF THE ABOVE DESCRIBED DAMAGES OR LOSSES OR IF YOU ARE OTHERWISE DISSATISFIED WITH THE WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE WEB SITE AND TERMINATE THESE TERMS OF USE IN ACCORDANCE WITH THEIR TERMS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL BARTLETT AND COMPANY AND ITS PARENT, SUBSIDIARY AND RELATED COMPANIES AND THEIR PERSONNEL'S TOTAL LIABILITY TO YOU FOR ALL 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 THE WEB SITE, PURCHASING ANY CONTENT OR PURCHASING BARTLETT AND COMPANY'S PRODUCTS OR SERVICES OR ANY AMOUNT RETAINED BY BARTLETT AND COMPANY FOR PROVIDING THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


Indemnification

You agree to defend, indemnify and hold harmless Bartlett and Company, its parent, subsidiary and affiliated companies and their officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys' fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Web Site or any part thereof, (b) any User Content you post via the Web Site, (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under these Terms of Use, (d) infringement or misappropriation of any intellectual property or other rights of Bartlett and Company or third parties by you, (e) any negligence or willful misconduct by you, (f) any other claim related to your performance under these Terms of Use, or (g) your use of any Content, services or products provided by Bartlett and Company.


Term and Termination

These Terms of Use are effective upon your unequivocal acceptance as set forth herein and shall continue in full force until terminated. You agree that Bartlett and Company, in its sole discretion, may terminate your use of the Web Site or any part thereof at any time without notice, and remove and discard any Content, in the event you violate these Terms of Use or in the event your account has been inactive for an extended period of time in Bartlett and Company's discretion. You agree that Bartlett and Company may immediately suspend your account and your access to the Web Site or any part thereof without notice in order to conduct an investigation in the event it believes you have violated these Terms of Use or if it determines that you are a repeat infringer of another's intellectual property or other rights. Bartlett and Company may also, in its sole discretion and at any time, discontinue providing the Web Site, any part thereof, any Content or any products or services advertised on the Web Site, with or without notice. In addition to any other method of termination or suspension provided for herein, Bartlett and Company reserves the right to terminate these Terms of Use at any time and for any reason. Further, you agree that Bartlett and Company shall not be liable to you or any third-party for any termination or suspension of your access to the Web Site or any part thereof, removal of Content or sale of any products or services. You may terminate these Terms of Use at any time by immediately discontinuing all access to the Web Site and by providing notice to Bartlett and Company of such discontinuance. Termination or cancellation of these Terms of Use shall not affect any right or relief to which Bartlett and Company may be entitled at law or in equity. Upon termination of these Terms of Use, you shall terminate all use of the Web Site and any Content, products or services provided thereon.


Governing Law and Other Miscellaneous Terms

The validity and effect of these Terms of Use shall be governed by, construed and enforced in accordance with the laws of the state of Kansas, without regard to its conflicts or choice of laws principles. ANY SUIT, ACTION OR PROCEEDING CONCERNING OR RELATING TO THE WEB SITE, ITS USE, THESE TERMS OF USE, ANY SALE OR ANY OTHER PRODUCT, SERVICE, POLICY OR PROCEDURE OF BARTLETT AND COMPANY, MUST BE BROUGHT EXCLUSIVELY IN A COURT LOCATED IN OR EXERCISING JURISDICTION OVER JACKSON COUNTY, MISSOURI, AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURT (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING. YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT OR IMPROPER FORUM. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms of Use.

The parties agree that breach of the provisions of these Terms of Use would cause irreparable harm and significant injury to Bartlett and Company which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that Bartlett and Company has the right to enforce the provisions of these Terms of Use by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies Bartlett and Company may have for your breach of these Terms of Use. If any action at law or in equity is necessary to enforce these Terms of Use, the prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled. The captions and headings of these Terms of Use are included for ease of reference only and will be disregarded in interpreting and construing these Terms of Use.

If the performance of any part of these Terms of Use by either party (other than payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor dispute, act of God, telecommunications failure or any other cause beyond the control of either party, that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such cause.

These Terms of Use, including any other product or service-specific license agreements, any other master, end user or license agreements between Bartlett and Company and you and/or the entity you represent and any additional terms referenced or incorporated herein, constitute the complete and exclusive statement of the agreement between the parties with respect to the Web Site, Content and products and services offered via the Web Site, and, unless otherwise expressly provided herein, they supersede any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Web Site, or Content listed via the Web Site. If any provision of these Terms of Use is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision. As so reformed or modified, the court shall fully enforce these Terms of Use. The provisions of these Terms of Use that by their content are intended to survive the expiration or termination of these Terms of Use, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation, will survive the expiration or termination of these Terms of Use for their full statutory period.

Bartlett and Company makes no representation that the Web Site, Content or other material or information on the Web Site is appropriate to or available in locations outside of the United States. You may not use the Web Site or export Content in violation of United States export laws, regulations or restrictions. If you access the Web Site from outside of the United States, you are responsible for compliance with all applicable laws.


Copyright and Copyright Notices

Bartlett and Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied on the Web Site in a way that constitutes copyright infringement, please provide Bartlett and Company's Copyright Agent the following information:


  • an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Web Site sufficient to allow us to locate the allegedly infringing material;
  • 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, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  • Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the Digital Millennium Copyright Act notice. your physical or electronic signature;
  • identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
  • a statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and
  • your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the District of Kansas and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
  • If a counter-notice is received by the Copyright Agent, Bartlett and Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the person providing such User Content, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Bartlett and Company's sole discretion.

Counter-Notice. If you believe that the User Content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the User Content, you may send a counter-notice containing the following information to the Copyright Agent:


  • your physical or electronic signature;
  • identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
  • a statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and
  • your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in the District of Kansas and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Bartlett and Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the person providing such User Content, the removed User Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Bartlett and Company's sole discretion.


How to Contact Bartlett and Company

If you have any comments or questions, please do not hesitate to contact Bartlett and Company at (800) 888-6300.