TERMS OF SERVICE

Terms of Service

Web Site and Newsletter Subscriber Agreement and Terms of Service between Subscriber and BR Corporation, doing business as the Kilduff Report and KilduffReport.com Inc. (collectively, hereinafter referred to as “Kilduff Report”) (“Agreement”)

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES PROVIDED BY Kilduff Report.

All references to Kilduff Report shall include the owner(s) of Kilduff Report, and any affiliates, subsidiaries, officers and employees of Kilduff Report, or its owner(s). All references to “you” and “your” shall mean the Subscriber.

ACCEPTANCE BY Kilduff Report AND ACCESS TO the Kilduff Report website and its associated publications, including but not limited to the Energy OverView newsletter IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY Kilduff Report, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

  1. Description of Services:
    Kilduff Report publishes, among other things, a regularly scheduled newsletter, the Energy OverView, which is delivered by either email or posting on areas of the World Wide Web which can be password protected areas. The newsletter provides commentary and information primarily on energy commodities (including but not limited to crude oil, natural gas and refined products), precious metals, stocks, bonds, other securities, options and the financial markets in general.
  2. Subscribing
    By subscribing to Kilduff Report and/or the Energy OverView or any other product or publication, you agree to provide complete and accurate registration information, including, without limitation, your legal name, address, email address and telephone number. You agree to maintain and update this information as necessary to keep it true, accurate and complete. Kilduff Report reserves the right to terminate the subscriber’s subscription or limit access to the services if the information is false or inaccurate.
  3. Payment & Renewal
    To view the current rate list, see the www.kilduffreport.com
    All subscription fees will be charged to the credit card provided by the subscriber. The charges will appear on the credit card statement under the name BR Corporation Payment for a subscription is due in advance and will be charged to the subscriber’s credit card prior to the period selected. Renewal of your subscription is automatic. The renewal of your subscription will continue and your credit card charged until you cancel your subscription by email prior to the beginning of the automatically renewed subscription period as provided below. Kilduff Report reserves the right to change the rates for the subscription at any time following 30 days notice by email to the subscriber. The subscription rate change shall apply to all subsequent billings following the 30-day notice period. If the company issuing the credit card rejects the charge for any reason, Kilduff Report reserves the right to terminate your subscription and your access to Kilduff Report.
  4. Selection of username & password
    To access Kilduff Report you must select a User Name and Password. Kilduff Report reserves the right to reject any User Name or Password if Kilduff Report believes, in its sole discretion, that the User Name or Password is vulgar, offensive, illegal, a trademark infringement, an attempt to impersonate someone else, or intended to cause confusion. You agree that you have no right to transfer or assign the User Name or Password, and that you are solely responsible for maintaining confidentiality of the User Name and Password. If you believe that your User Name or Password is no longer secure, you agree to promptly notify Kilduff Report and change your User Name and Password. By subscribing to the Kilduff Report Newsletter you agree to keep your username and password private. Sharing username and passwords to access the Kilduff Report website is grounds for termination of your membership.
  5. Representations and Warranties
    You represent and warrant to Kilduff Report that (a) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Agreement; (b) you shall comply with all the terms and conditions of this Agreement, including, without limitation, the Terms of Use set forth below; and (c) you have provided accurate and complete registration and subscription information, including, without limitation, your legal name, address and telephone number.
  6. Terms of Use
    • You agree that you shall use the access granted to Kilduff Report and any emails received from Kilduff Report, its agents or assigns, for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, material or services obtained from the Kilduff Report or the emails sent by Kilduff Report.
    • You acknowledge that you have read, understand and agree to the terms of the DISCLAIMER and the Privacy Statement posted on Kilduff Report, which are incorporated herein by reference, as if set forth and restated in their entirety.
  1. You agree that you will only use the access granted under this Agreement for lawful purposes.
  2. You agree not to permit anyone whose subscription was terminated to access the site with your User Name and Password, or to provide your User Name and Password for the purpose of accessing Kilduff Report.
  • All materials displayed or performed on the Kilduff Report, or in emails sent by Kilduff Report, (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright, and owned or controlled by Kilduff Report or its third party content providers. You agree to abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. Kilduff Report is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as permitted in this Agreement for the use of Services), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. You may download or copy the Content, and other items displayed on, or distributed by Kilduff Report, for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You will not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Kilduff Report, or from the copyright holder identified in such Content’s copyright notice.
  1. The site and emails maintained and distributed by Kilduff Report may contain links to the sites of third parties. The linked sites are not under the control of Kilduff Report and Kilduff Report is not responsible for the content of those sites. These links are provided only as a matter of convenience and inclusion of a link by Kilduff Report does not imply an endorsement of, or an association with, any third party’s linked site, products or services, unless expressly stated. Kilduff Report is not a party to any agreement or transaction which you enter into with a third party accessed through a link. You are responsible for reading and complying with the terms of use, privacy statement and disclaimer for any linked site. The online trading services that you may access through links on Kilduff Report are services offered by listed independent brokerage firms and require that you open and maintain a brokerage account with them. Kilduff Report does not endorse or recommend the services of any brokerage firm and you agree that Kilduff Report shall not be liable for any damages or costs arising out of your relationship with any brokerage firm.
  2. You understand that parts of the Content, as well as software tools and portions of the Services available on the Site may be provided by third party content providers and suppliers. You acknowledge that neither (Kilduff Report) nor such third party providers and suppliers guarantee the accuracy, completeness or timeliness of such information and you therefore agree that (Kilduff Report) and its third party providers and suppliers shall have no liability for any loss you may suffer through your use of such materials or resulting from any errors, omissions or delays related thereto. By accepting this agreement, you expressly accept the terms of the user agreement for the third party providers, as set forth in Exhibit A. See individual third party agreements for specific guidelines on third party content (see Exhibit A).
  3. The subscription to Kilduff Report is only intended for citizens and residents of the United States of America, currently residing there. Kilduff Report makes no representation that the Services provided are appropriate for other geographical locations or jurisdictions. Kilduff Report reserves the right to limit availability of the site and services to any person, geographic area or jurisdiction. This Agreement is void where prohibited by law, and the right to access Kilduff Report is revoked in such jurisdictions. You also agree that you will comply with any local laws or regulations that may apply to your use of Kilduff Report, or any emails sent by Kilduff Report, including, without limitation, any laws requiring registration or filings with local authorities, and the payment of any taxes.
  1. Indemnification
    You will indemnify and hold Kilduff Report, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from (i) any claims of liability or responsibility for any use or misuse of the Services as selected or as applied by you, (ii) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your (Kilduff Report) User ID and password, of any intellectual property or other right of any person or entity.
  2. DISCLAIMER OF WARRANTIES
    YOU ACKNOWLEDGE THAT THE SERVICES AND THE SITE ARE STILL UNDER DEVELOPMENT AND THAT THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  3. Accessibility
    You agree that from time to time Kilduff Report may be inaccessible, inoperable, or otherwise unable to produce a daily report for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Kilduff Report may undertake from time to time; or (iii) causes beyond the control of Kilduff Report or which are not reasonably foreseeable by Kilduff Report. Kilduff Report may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Kilduff Report may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
  4. Cancellation
    The Kilduff Report’s Energy OverView Newsletter and the Kilduff Report website are dynamic and proprietary resources focused empowering indiviuals to make sense of the energy markets and how those markets impact business and trading decisions. The wealth of knowledge presented and taught can be a benefit for Kilduff Report readers for years to come. The life-long value of the information provided has required us to make all subscriptions non-refundable. You can continue to receive the daily information until the end of your subscription term or discontinue it at any time but the subscription price is non-refundable. All cancellations must be by email to the “Contact Us” link on the website. Subscribers should note that we are not responsible for non-delivery to your email address due to changes in the address, service outages from your ISP or delays in any form. All the information presented in the email version is available on the Kilduff Report website for subscribers at all times. It is the subscriber’s responsibility to keep Kilduff Report informed of your email address changes and any developments that might prevent your address from receiving the newsletters for the length of your subscription.
  5. Termination
    Kilduff Report reserves the right to terminate your subscription or limit your access to Kilduff Report at any time, in its sole discretion, and make a refund to you for any remaining whole months on your subscription. In the event of a breach of this Agreement by you, Kilduff Report reserves the right to immediately terminate your access without a refund.
  6. Modification and Amendment
    (Kilduff Report) reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending you a notice via e-mail. You are responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
  7. Arbitration Agreement
    Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be the City and County of New York, New York. This Agreement shall be governed by the laws of the state of New York. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
  8. Miscellaneous
    • This Agreement shall be governed by the laws of the state of New York and the United States of America without reference to conflicts of laws.
    • Waiver and Severability. No failure or delay in exercising or enforcing any right or remedy hereunder by Kilduff Report shall constitute a waiver of any other right or remedy, or future exercise thereof. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.
  1. The respective rights and obligations of the parties under Sections 5, 6, 7, 8 13, and this Section 14 shall survive any termination or expiration of this Agreement.
  2. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.

Amendment A

Kilduff Report may use third party tools, data and content from time to time throughout the website and newsletter. We make no warranties regarding the accuracy and timeliness of the data presented and is presented on an “as is” basis. At present, there are no “real-time” quotes available on the Kilduff Report website or Energy OverView newsletter. Posted prices are for informational purposes only.

Amendment B

Kilduff Report’s Energy OverView is a premium service above and beyond the general availability of the Kilduff Report website. How the content is delivered to the Kilduff Report subscriber can vary. Kilduff Report primarily provides an HTML version for web-based viewing. Kilduff Report is not responsible for any damages or damages per the Indemnification clause in this Agreement in regards to the download, viewing, set up, operation or termination of the Energy OverView. Whichever method that a subscriber can access the Energy OverView content is based solely on the subscriber’s computer, tablet, or mobile device platform and system requirements. Any Energy OverView and all other communications and publications are delivered “as is” and without warranty of any kind.