Broadsonpoint.com is a website owned and operated by Elle Garcia Production a New York corporation. You are invited to submit articles, post comments, sign up to receive newsletters and RSS feeds, and visit the Site. By using the Site, you expressly acknowledge and agree that any use of the Site will be in accordance with these Terms of Use.

WHEN YOU ACCESS OUR WEBSITE, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE, IMMEDIATELY STOP ACCESSING OUR WEBSITE.

If you do not agree to be bound by these Terms of Use, you may not use the Site. The Company reserves the right to modify these Terms of Use at any time and—at its sole discretion—may publish notifications of material modifications. By continuing to access the Site after such notifications have been published, you signify your agreement to be bound by the updated Terms of Use.

Site Content:
The content of the Site is offered for general information, discussion, and entertainment purposes only. All content reflects the personal opinions of the posters. You should be skeptical about any information on the Site because the information may be offensive, harmful, and/or wrong. Neither the content of the Site, nor the links to other websites contained therein, are routinely moderated, screened, approved, reviewed, or endorsed by the Site or any Site-affiliated person or entity. Therefore, the Site includes unmoderated information containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Such entries are the opinions of the specific authors and are not statements of advice, opinion, or information of the Site or any or any Site-affiliated person or entity.

Posting and Commenting:
You are responsible for your own postings and agree to access and use the Site at your own risk on an as-is basis.

DO NOT MAKE POSTINGS THAT INVOLVE THE FOLLOWING:

• Harassment, defamation, threats, stalking, bullying, or violations of the legal rights of others
• Illegal activities
• Impersonation of any person or entity, or falsely states or misrepresents your affiliation with a person or entity
• Infringement of another’s intellectual property, including, but not limited to, trade secrets, trademarks and copyrights of any type
• Obscene, vulgar, hateful, or racially offensive language or images
• Commercial advertising
• Gambling, contests, chain letters, “pyramid schemes,” or “multi-level marketing” schemes
• Violations of any applicable local, state, national, or international law in connection with your use of the Site.
• Comments personally attacking the author of a post.

Furthermore, you agree that, if a third party claims that any material you have contributed to the Site is unlawful, you will bear the full burden of establishing that the material complies with all applicable laws.

Disclosure Policy:
The Site reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request. The Site may also edit, refuse to post, or remove any posting at the Site’s sole discretion. The Site reserves the right to restrict access by any users whom the Site believes, in its sole discretion, are engaged in inappropriate, unprofessional, or unlawful conduct.

Violation and Removal Policy:
If you believe that any content on the Site violates the Terms of Use, please notify the Site by sending an email to broadsonpoint@gmail.com. The Site does not guarantee that any action will be taken as a result of your email.

The Site reserves the right to remove content which, in its sole discretion, violates any of the rules set forth herein of which it becomes aware, but is under no obligation to do so. If you are offended by any content of the Site, stop using the Site.

Additional Disclaimers:
The Site and any information, products or services therein are provided “as is” without warranty of any kind, either express or implied, including without limitation, the implied warranties of merchantability, fitness for use of a particular purpose, or non-infringement.

The Site does not warrant that the Site will operate in an uninterrupted or error-free manner or that the Site is free of viruses or other harmful components. Use of information obtained from or through the Site is at your own risk.

The site is not liable for any loss or damages including, but not limited to, claims for defamation, errors, loss of data, or interruption in availability of data arising out of the use or inability to use the Site or any links to your placement of content on the Site; or to your reliance upon information obtained from or through the Site or through links contained on the Site.

Licenses:
In consideration for your agreement to these Terms of Use, the Site grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Site. You may access the material on the Site only for your own personal, non-commercial use. The burden of determining that use of any information obtained from the Site is permissible rests with you.

By posting to or otherwise engaging in any communication within the Site, you are granting the Site (or any of its assignees) a perpetual, royalty-free, fully paid up, worldwide and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from transfer and sell any such information or works contained in such communication.

Choice of Law and Forum:
You agree that any dispute arising out of or relating to these Terms of Use or any content posted to the Site, including copies and republication thereof, whether based in contract, tort, statutory, or other law, will be governed by the laws of the State of New York, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Nassau County, New York as the legal forum for any such dispute.

Copyright Policy:
Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act (the “DMCA”), the Site has instituted procedures to receive written notification of claimed infringements and to process such claims in accordance with the DMCA. If you believe your copyrights are being infringed, please send a Notice of Infringement to mail to broadsonpoint@gmail.com that substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), which provides that that to be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that Site.
• Identification of the material that is claimed 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 the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has 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.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.

Unauthorized Use:
Unauthorized use of the Site in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.

Disclaimer Of Warranties:
THE WEBSITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, BEC/GWD DO NOT WARRANT THAT: (1) THE INFORMATION ON THIS WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Limitation Of Liability:
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF THEIR PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, COACHES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE INFORMATION CONTAINED ON THIS WEBSITE OR OBTAINED FROM YOUR USE OF THIS WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, EVEN IF THE COMPANY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THEY OR ANY OF THEIR PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, COACHES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS’, EMPLOYEES’, AGENTS’, REPRESENTATIVES’ AND ATTORNEYS’ AND THEIR RESPECTIVE HEIRS’, SUCCESSORS’ AND ASSIGNS’ SHARE IN ANY LIABILITY. TOTAL LIABILITY DEVOLVES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEEDING $1. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.

Indemnification:
You agree to indemnify and hold the Company and any Company-affiliated person or entity harmless from any claims, losses or damages, including legal fees, resulting from your violation of these Terms of Use, your use of the Site or your placement of any content onto the Site, and to fully cooperate in the Company’s or any Company-affiliated person’s or entity’s defense against any such claims.

Integration:
These Terms of Use constitute the entire agreement between you and the Site and any Site-affiliated persons or parties with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.

This Privacy Policy governs how Broads On Point, “Broadsonpoint”, uses your information and is subject to the Site’s Terms of Use. We respect your privacy rights and are committed to protecting the information we collect from you as we take your privacy very seriously. To further this commitment to your privacy we have developed the following website privacy policy which explains how we collect, use, disclose and protect information you provide to us on any of our website’s.

Information Collection Broads On Point may collect information from our users at several different points on the Site. Broads On Point is the sole owner of the information collected on the Site.

Comments and Posts You may choose to write comments or posts on the Site. To leave a comment, you must submit information including a valid email address. Broads On Point uses this information to screen out users who leave comments prohibited by our Terms of Use, and will not pass this information to any other organization.
We may offer chat rooms, blogs, message boards, bulletin boards, or similar public forums where you and other users of our Web sites can communicate. The protections described in this Privacy Policy do not apply when you provide information (including personal information) in connection with your use of these public forums. We may use personally identifiable information and non-personal information about you to identify you with a posting in a public forum. Any information you share in a public forum is public information and may be seen or collected by anyone, including third parties that do not adhere to our Privacy Policy. We are not responsible for events arising from the distribution of any information you choose to publicly post or share through our Websites.

Newsletters Broads On Point offers email subscriptions. To sign up to receive regular emails, you must submit information including a valid email address. This information will be used in aggregate form to assess general user interest in various internal and third party products and services, and your personal and contact information will not be passed to any other organization. Users who choose to sign up for a mailing list will receive regular emails, including new articles added to the site.

IP Addresses:
An IP address is a number that is automatically assigned to your computer whenever you are surfing the Internet. Web servers (computers that “serve up” web pages) automatically identify your computer by its IP address. When visitors request pages from our Web site, our servers typically log their IP addresses. We collect IP addresses for purposes of system administration, to report non-personal aggregate information to others, and to track the use of our Web site. IP addresses are considered non-personal information and may also be shared as provided above. We reserve the right to use IP addresses and any personally identifiable information to identify a visitor when we feel it is necessary to enforce compliance with our Web site rules or to: fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our Web site, or other users; or (d) in an emergency to protect the health and safety of our Web site’s users or the general public.

Cookies:
Broads On Point may use cookies. A cookie is a piece of data stored on your computer tied to information about you. We may use both session ID cookies and persistent cookies. For the session ID cookie, once you close the browser, the cookie is terminated. A persistent cookie is a small text file stored on your hard drive for an extended period of time. Persistent cookies can be removed by following your web browser’s help instructions.

Third Party Cookies:
In the course of serving advertisements to this site, our third-party advertisers may place or recognize a unique cookie on your browser. Broads On Point has no access to or control over these cookies, once we have given permission for them to be set. This privacy statement covers the use of cookies by Broads On Point only and does not cover the use of cookies by any advertisers or other partners.

Email Communications:
If you send us an email with questions or comments, we may use your personally identifiable information to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we do not recommend that you send non-public personal information, such as passwords, social security numbers, or bank account information, to us by email. However, aside from our reply to such an email, it is not our standard practice to send you email unless you request a particular service or sign up for a feature that involves email communications, it relates to purchases you have made with us, we are sending you information about our other services, or you consented to being contacted by email for a particular purpose. In certain instances, we may provide you with the option to set your preferences for receiving email communications from us; that is, agree to some communications but not others.

The Google Analytics features you’ve implemented based on Display Advertising (e.g., Remarketing, Google Display Network Impression Reporting, the Double Click Campaign Manager integration, or Google Analytics Demographics and Interest Reporting).

Visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings.

Log Files and Web Beacons Like most standard Web site servers we use log files. These include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We use this information to analyze trends, administer the site, track user movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information. We may use a tracking utility that uses log files to analyze user movement.
For your safety, we do not link IP addresses to personal information unless we notify you or unless necessary to enforce the terms and conditions of our website. In general the use of log files is simply to monitor traffic on our website and in the event necessary, troubleshoot technical problems. Please note that in the event of an abuse by a user of our website we may block certain IP addresses. In addition to cookies and log files we do at times use a common internet technology called “web beacons”. These are small graphic images placed on a web page, web based document, or an email address that is designed specifically to allow us or our third parties vendors to collect certain information and monitor use activity on our website. Please note these are invisible to the user because they are typically very small. In furtherance of our Privacy Policy please note we do not use web beacons to collect the personal information about you. We may use them to collect non-personal information such as IP addresses of the computer that the web beacon said to, the URL of the page where the web user comes from and the time the web beacon is activated.

Legal Disclaimer:
We do not sell, trade or otherwise transfer to outside parties your personally identifiable information. This promise not to share your information does not include trusted third parties who assist us in operating our website, conducting our business or servicing you so long as those parties agree to keep this information confidential in accordance with our Privacy Policy. Though we make every effort to preserve your privacy, Broads On Point may need to disclose personal information when required by law if we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process or enforce our site policies or protect ours or other’s rights, property or safety.

Business Transitions:
In the event Broads On Point goes through a business transition, such as a merger, acquisition by another company, or sale of a portion of its assets, your personal information will, in most instances, be part of the assets transferred.

Links:
Broads On Point contains links to other sites. Please be aware that Broads On Point is not responsible for the privacy practices or content of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by Broads On Point.

Notification of Changes:
There may be an occasion when we will revise and update this Privacy Policy. As a result, it is strongly suggested that you check back from time to time to insure that you are aware of any changes to our Privacy Policy. For your information, if in the event we do revise the Privacy Policy, the “last updated date” above will be changed. In addition in the event we undertake a major change to this Privacy Policy we will be sure to post a Notice of Change to this page and other places we deem appropriate.

Third Party Advertisers:
We use third-party advertising companies to serve ads when you visit our Web site. These companies may use aggregated information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please see: http://www.networkadvertising.org/managing/opt_out.asp

Contact Information:
If you have any questions or suggestions regarding our privacy policy, please contact broadsonpoint@gmail.com.