Terms & Conditions

1. Acceptance of TermsBy accessing or using the Site, You agree that You have read, understand, accept, and agree to be bound by these Terms and our Privacy Policy [https://bwgglobal.com/privacy-policy/]. These Terms and Conditions constitute a legally binding agreement between You, whether personally or on behalf of an entity, and BWG Global concerning:  1) Your access to and use of the bwgglobal.com website, our client login platform/portal, and any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”); 2) any static or interactive content made available through the Site; and, 3) Your participation in any of our events, including real-time moderated forum events, live meeting, webcast, conference call, conference, interview, or other event (collectively, “Services”).

PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY.  BY USING AND ACCESSING ANY PART OF OUR SITE AND/OR SERVICES YOU EXPRESSLY ACKNOWLEDGE, REPRESENT AND AGREE THAT YOU: (A) ARE OVER 18 YEARS OF AGE; (B) HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS (C) UNDERSTAND THAT YOU ARE BOUND BY THE TERMS AND CONDITIONS; (D) ARE NOT LOCATED IN RUSSIA, OR A COUNTRY THAT IS SUBJECT TO A U.S. GOVERNMENT EMBARGO, OR THAT HAS NOT BEEN DESIGNATED BY THE U.S. GOVERNMENT AS A “TERRORIST SUPPORTING” COUNTRY; (E) ARE NOT LISTED ON ANY U.S. GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES; AND (F) WILL COMPLY WITH THE TERMS AND CONDITIONS AND PRIVACY POLICY  [https://bwgglobal.com/privacy-policy/] ANY APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES.

You expressly agree not to:

• resell, lease, transfer, lend, timeshare or syndicate the Services.
• decompile, reverse engineer, disassemble or otherwise attempt to derive any source code from the Site or the Services.
• distribute, publicly perform or publicly display any and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (the “Content”).
• modify, adapt, translate, or create any derivative works of the Content or the Services or any portion thereof.
• use any data mining, crawlers, spiders, robots or similar data gathering or extraction methods.
• download, index or in any non-transitory manner store or cache any portion of the Content or the Services or any information contained therein, except as expressly permitted thereon.
• remove, deface, obscure, or alter any copyright, trademark or other proprietary rights notices affixed to or provided in connection with the Content or the Services; or
• use the Content or the Services other than for their intended purposes.

Certain sections of the Site which require username and password access are subject to separate terms and conditions, which are in addition to these Terms and Conditions. You may be required to execute a client agreement with BWG Global or its affiliate prior to accessing these portions of the Site. In the event of a conflict, additional terms located in such client agreement will govern Your use of those portions of the Site.

2. Use of the SiteYou agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Site. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Site. By using the Site, You represent and warrant that: (1) all  information You submit will be true, accurate, current, and complete; (2) You will maintain the accuracy of such information and promptly update such information, including registration or account, as necessary; (3) You have the legal capacity and You agree to comply with these Terms and Conditions; (4) You are not a minor in the jurisdiction in which You reside; (5) You will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) You will not use the Site for any illegal or unauthorized purpose; and (7) Your use of the Site will not violate any applicable law or regulation.

If You provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate Your account and refuse any and all current or future use of the Site (or any portion thereof).

3. User Registration You may be required to register with the Site. You agree to keep Your password confidential and will be responsible for all use of Your account and password. We reserve the right to remove, reclaim, or change a username You select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
4. Intellectual Property/Proprietary Rights Unless otherwise indicated, the Site and the Services are  BWG Global’s proprietary property and all Content and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for Your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that You are eligible to use the Site, You are granted a limited license to access and use the Site and to download or print only the Content for which such use is expressly permitted. We reserve all rights not expressly granted to You in and to the Site, the Content and the Marks.

5. Recordings/Transcriptions BWG Global may invite You to participate in interactive events at which Your image and/or voice may be recorded and/or transcribed (each such recording or transcription, a ‘BWG Global Recording’) by BWG Global, or their agents. Such interactive events may include real-time (virtual) primary forum events, live meetings, webcasts, conference calls, conferences, interviews, or other events. By participating in these events, You grant, and represent and warrant that You have the right to grant, without compensation, the right to BWG to the use of Your name, likeness, and other identifying information which You may provide. Elements of Your participation in an interactive event may be modified, anonymized, or attributed to a pseudonym, in BWG’s sole discretion. You agree, notwithstanding anything else in these Terms & Conditions, that BWG Global owns BWG Global Recordings and has the exclusive right to identify You in, copy, use, distribute, sell, reproduce, publish, reprint, modify, adapt, sublicense, translate, and publicly display BWG Global Recordings, in whole or in part, in original form or as edited or modified by BWG Global, in all languages and forms, for any commercial or noncommercial purpose unless otherwise agreed in writing.
6. Disclaimer of Warranties The information provided on the Site is for general informational purposes only. While we strive to provide accurate and up-to-date information, we make no warranties or representations about the accuracy, completeness, or reliability of any content on the Site. Your use of the Site is at Your own risk. EXCEPT AS OTHERWISE PROVIDED HEREIN: THE SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY; YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY SERVICES; TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ANY WEBSITE LINKED TO IT. Nothing in these Terms and Conditions are intended to waive or limit any rights You may have under applicable law.
7. Limitation of Liability BWG GLOBAL WILL NOT BE LIABLE FOR ANY LOST PROFITS AND INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN ADDITION, AND WITHOUT LIMITATION, BWG WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THE MAXIMUM LIABILITY OF BWG GLOBAL FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO BWG GLOBAL TO ACCESS AND USE THE SERVICES. YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Your use of the Site and Services is not intended to and shall not be interpreted to create any attorney-client or other professional-client (e.g., CPA or RIA) relationship between You and the Company or any other User. BWG GLOBAL EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENT IN CONNECTION WITH THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE CONTENT IS NOT PROVIDED FOR THE PURPOSE OF RENDERING LEGAL, INVESTMENT, ACCOUNTING, OR OTHER PROFESSIONAL SERVICES. IF YOU BELIEVE YOU REQUIRE LEGAL ADVICE OR OTHER EXPERT ASSISTANCE, YOU SHOULD SEEK THE SERVICES OF A COMPETENT PROFESSIONAL. Nothing in these Terms and Conditions are intended to waive or limit any rights You may have under applicable law.
8. Compliance with RegulationsBWG Global affiliate, OTR Global LLC, is a registered Investment advisor with the State of California. Any research reports or analyses provided on the Site include necessary disclosures and disclaimers to ensure compliance with applicable financial and securities regulations.
9. Privacy and Data ProtectionWe are committed to protecting Your privacy. Please review our Privacy Policy [https://bwgglobal.com/privacy-policy/], which explains how we collect, use, and protect Your personal information. By using the Site, You consent to the collection and use of Your information as described in our Privacy Policy.
10. Site ManagementWe reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of Your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.
11. Changes to TermsWe reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site after any changes constitutes Your acceptance of the new Terms.
12. Jurisdictional Issues The services are controlled and operated by BWG Global from the United States and are not intended to subject BWG Global to the laws or jurisdiction of any state, country or territory other than the United States. BWG Global neither represents nor warrants that a Service or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Services, You do so on Your own initiative and at Your own risk, and You are responsible for complying with all local laws, rules, and regulations. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time.
13. Governing Law and ArbitrationThese Terms shall be governed by and construed in accordance with the laws of State of New York, without regard to its conflict of law principles and regardless of Your location. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND BWG GLOBAL, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, EXCEPT FOR THOSE CLAIMS RELATED TO PROTECTION OF INTELLECTUAL PROPERTY, SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND, BY YOUR ACCESS TO OR USE OF THESE SERVICES, YOU AGREE THAT YOU AND BWG GLOBAL ARE EACH WAIVING OUR RIGHT TO TRIAL BY A JURY. BY YOUR ACCESS TO OR USE OF THE SERVICES, YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND, BY YOUR ACCESS TO OR USE OF THE SERVICES, YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by this Agreement. Any in-person hearings or appearances shall be held in New York County, State of New York, U.S.A. Arbitration proceedings shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow this Agreement and shall be final and binding. The arbitrator shall have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Nothing in this provision is intended to, nor shall it be construed to, waive or limit any rights You may have under applicable law.
14. California Users and ResidentsIf any complaint with us is not satisfactorily resolved, You can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
15. Contact InformationIf You have any questions about these Terms, please contact us at [info@bwgglobal.com]