Terms of Service

Last Revised: May 29, 2015

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

Welcome to Bastute.com.

Harman Investment Advisors Incorporated d/b/a B’astute and its subsidiaries and affiliates (“B’astute,” “we,” or “us”), require that all visitors adhere to the following legal terms and conditions that govern your use of and access to the www.bastute.com and www.community.bastute.com Web sites operated by B’astute (the “Site”). You agree, on your own behalf and on behalf of any corporation or other legal entity that you represent or for which you access the Site (your “Company”), to be bound by and comply with the following terms and conditions of use (these “Terms”) and to comply with all applicable laws and regulations.

THE SITE IS OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER. BY USING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER.

IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE. BY ACCESSING AND USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS.

1. CHANGES TO THE SITE, SERVICES AND THESE TERMS

1.1 Site and Services.

We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site or to any information, text, data, databases, graphics, images, sound recordings, video materials, audio clips, logos, software, features, services, and other materials within the Site (all such materials, and any compilation, collection, or arrangement thereof, the “Services”). We may stop, suspend, or modify the Services at any time without prior notice to you and for any reason or no reason.

1.2 Terms.

We may update these Terms from time to time. The most current version of these Terms will be posted on Site. When changes are made, we will make a new copy of the Terms available at the Site. We will also update the “Last Revised” date at the top of these Terms. Any changes to the Terms will be effective immediately for new users on the Site and, for all other users, any changes to the Terms will be effective thirty (30) days after posting notice of such changes on the Site. If we determine in our sole discretion that an update is material, we will notify you through the Service and/or by email to the email address associated with your account. We may require you to provide consent to the updated Terms in a specified manner before further use of the Site is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site. Otherwise, your continued use of the Site constitutes your acceptance of such change(s). Please check the Site regularly to view our then-current Terms.

2. SERVICES

2.1 License to Access and Use.

We grant you a limited, non-exclusive, non-transferrable, non-sublicensable right to access and use this Site and the Services only for your personal use (or, if accessing the Site on behalf of a Company, only your Company’s own internal business use). Any other access to or use of the Site or the Services constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws.

2.2 Availability of the Site.

We make no representation that the Site or Services is appropriate or available for use in locations other than the United States. If you choose to access this Site from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with applicable local laws.

2.3 License Restrictions.

The rights granted to you in the Terms are subject to the following restrictions. You may not: (i) access, use, copy, or scrape any portion of the Site or of the Services through the use of any manual or automated bots, spiders, scrapers, web crawlers, indexing agents, or other dating mining or data extraction tools; (ii) remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Services; (iii) except as expressly authorized by us in writing, reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or the Services or any access to or use of the Site or the Services; (iv) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site or Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (v) access the Site or Services in order to build a similar or competitive website, application or services; or (vi) use the Site or Services to violate any applicable law.

2.4 Username and Password.

You are responsible for maintaining the confidentiality of any information about you and, you agree not to share your username and password with any third party, including not sharing your username amongst two or more user. You are responsible for any activity originating from your account, regardless of whether such activity is authorized by you. You should notify B’astute immediately of any unauthorized use of your account. B’astute will not be liable for any loss or damage arising from the unauthorized use of your username or password.

2.5 Your Data.

Use of the Services depends on your transmission of certain data including your full name, email address, continuing professional education (“CPE”) courses and credits, professional designations (designation; state of license; alphanumeric identifying number; the year earned, awarded, or licensed; and continuing professional education reporting cycle, in each case if applicable), and account username and password; and for recruiters, CPE providers and sponsors, the company name, phone number, instructor and recruiter names, and web site address, along with any CPE classes and courses, location, title, subject matter, course description, prices and CPE credits offered (collectively, “Data”).

You retain all rights and ownership in your Data. We do not claim any ownership rights in your Data. You grant B’astute a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display your Data (in whole or in part): (i) for the purposes of operating and providing the Services to you; and (ii) in an aggregated and anyonymized form for the purposes of benchmarking, trend analysis, performance measurement for you and B’astute’s other clients, system improvement, as well as for other related reporting and performance measurement purposes.

2.6 Registration Data.

You represent and agree that all Data you provide to us in connection with your registration to the Site is true, accurate, current and complete to the best of your knowledge and belief. You agree to maintain and promptly update any such Data to keep it true, accurate, current and complete. You represent that you are not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You agree not to create an account using a false identity or information. You agree not to create an account or use the Services if you have been previously removed by B’astute, or if you have been previously banned from any of the Services.

2.7 Electronic Communications.

The communications between you and B’astute use electronic means, whether you visit the Site or send us e-mails, or whether we post notices on the Site or communicate with you via e-mail. For contractual purposes, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. Your consent in this section does not affect your statutory rights.

3. PRIVACY POLICY

The Data and any other information that you provide to us or that we collect about you and your Company through your access to and use of the Site is subject to our privacy policy, the terms of which are hereby incorporated by reference into these Terms. We encourage you to read and become familiar with our privacy policy.

4. INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS

You understand and agree that we own, or (where applicable) we have licensed from third parties, all right, title, and interest in and to the Site and all of the Services. You acknowledge and agree that the Services constitutes valuable intellectual property and proprietary information of B’astute or its licensors and Services providers that is protected by applicable laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Site or the Services. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of B’astute or its licensors and content providers. These terms do not grant you any right, title, or interest in any of the Services other than your Data and your Submissions. These Terms do not grant you any rights to use the B’astute trademarks, logos, domain names, or other brand features.

5. COPYRIGHT POLICY

If you believe in good faith that any Services has been used in a way that constitutes copyright infringement, you may forward the following to us at [email protected] : (i) your contact information, including your name, address, telephone number, and email address; (ii) identification and description of each copyrighted work that you claim has been infringed; (iii) the exact URL or location of the material that you claim is infringing; (iv) 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; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners.

6. TERMINATION OF ACCESS

6.1 Termination.

B’astute reserves the right, in its sole discretion, to terminate your access to all or part of the Site, without notice or liability, for any reason or no reason, including, but not limited to: (i) the unauthorized use of any username or password; or (ii) the breach of any agreement between you and B’astute, including, without limitation, these Terms. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable. If you want to terminate your access to the Site or Services at any time, you may do so by (a) notifying B’astute and (b) closing your account for the Services that you use. Your written notice should be sent to B’astute’s address set forth in the Notice section below or to: [email protected]

6.2 Third Party Termination.

In the event that a third party has purchased the Services for you to use (e.g., your employer or a professional association), the party paying for the Services controls the subscription term for such account and may terminate your access to it.

6.3 Effect of Termination.

Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and data associated with or inside your account, including your Data. Upon termination of any Service, your right and license to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of your Data associated therewith from our live databases. B’astute will not have any liability whatsoever to you for any suspension or termination, including for deletion of your Data. All provisions of these Terms, which by their nature should survive, shall survive termination of Services, including without limitation ownership provisions, warranty disclaimers and limitations of liability.

7. USER CONDUCT

In connection with your access and use of the Site and that of any person authorized by you to access and use the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Not in limitation of the previous sentence, in connection with your use of the Site, neither you nor the Company may cause or permit any person to do any of the following:

  • (a) use the Site or Services for any unlawful purpose;

  • (b) use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;

  • (c) impose an unreasonably or disproportionately large load on the Site or otherwise interfere with or inhibit any other user of this Site from using or enjoying the Site;

  • (d) use the Site to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind;

  • (e) use the Site to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others; or

  • (f) use the Site to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication.

8. SUBMISSIONS

8.1 License.

By disclosing or offering any information to us, including comments, computer files, software, documents, images, graphics, suggestions, ideas, feedback, or other information (each, a “Submission”), either through your use of the Site or otherwise, you authorize B’astute to make such copies thereof as we deem necessary, including to facilitate the posting and storage of the Submission on the Site. By making a Submission, you automatically grant, and you represent and warrant that you have the right to grant, to B’astute an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license (with the right to sublicense) to use, copy, adapt, publish, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sublicenses of the foregoing.

8.2 Rights.

By making a Submission, you represent that you have all requisite rights to, and are authorized to disclose, all of the information contained in the Submission and that all of your Submissions comply with these Terms. You are fully responsible for any Submission you make and for the legality, reliability, appropriateness, and originality thereof.

8.3 Display.

B’astute has the right (though not the obligation) to, in B’astute’s sole discretion: (i) refuse to display or remove any Submission appearing on the Site that, in B’astute’s reasonable opinion, violates any B’astute policy or is in any way harmful or objectionable; and (ii) disclose your identity or other information about you to any third party who claims that any Submission you make violates their rights, including their intellectual property rights or their right to privacy.

8.4 Third Party Use.

By posting Submissions on the Site, it is possible for an outside website or a third party to re-post the Submission. You agree to hold B’astute harmless for any dispute concerning this use.

8.5 Submission Control.

B’astute does not control the Submissions provided by users that are made available on the Site. You may find some Submissions to be offensive, harmful, inaccurate, or deceptive. By using the Site, you agree to accept such risks and that B’astute and its Representatives (as defined herein) are not responsible for any acts or omissions of users on the Site.

9. SECURITY

B’astute takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You agree to notify B’astute immediately if you discover loss or access to such information by another party not under your control and supervision.

10. HYPERLINKS AND THIRD PARTY SERVICES

10.1 Third Party Sites.

This Site may include hyperlinks to other websites which are not maintained by B’astute. We are not responsible for the content of such external websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any hyperlink to external websites does not imply endorsement by B’astute of those websites or any products or services referred to therein. The terms of service and privacy policies applicable to external websites may be different from those applicable to our Site. If you decide to access any external website through a link within our Site, you do so entirely at your own risk, and B’astute will have no liability for any loss or damage arising from your access or use of any external website. Since B’astute is not responsible for the availability of these websites, or their contents, you should direct any concerns regarding an external website to the administrator of that website. You agree that you will bring no suit or claim against us arising from or based upon any such use of external websites. Hyperlinks to other websites that are provided on the Site are not intended to imply that: (i) we are affiliated or associated with any external website; or (ii) any linked site is authorized to use any of our trademarks, trade names, logos, or copyrights.

10.2 Linking.

Images of the B’astute logo can not be used to link to the Site without our express written permission; any other use of the B’astute logo can only be made with our express written permission. By linking to the Site, you agree that you will not misrepresent your relationship with us or present false or misleading impressions about us. No hyperlinks to the Site may be used in a manner that implies or suggests that B’astute approves or endorses you, your website, or your goods and services. We will have no responsibility or liability for any content appearing on your website. No hyperlink may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

10.3 Our Right.

We reserve the right, at any time and in our sole discretion, to request that you remove from your website all hyperlinks or any particular hyperlink to the Site. We may at any time, in our sole discretion, with or without cause, withdraw the permission granted herein to use the B’astute logo and your right to link to any pages on the Site. Upon our request, you agree to immediately remove all hyperlinks to the Site and to cease using the B’astute logo for linking purposes. Thereafter, your posting of any future hyperlinks to the Site will require our express written permission.

11. USE OF TRADEMARKS

Except for the limited permission to use the B’astute logo as set forth in these Terms, you may not, without our express written permission, use any of B’astute trademarks or service marks for any other purpose.

12. DISCLAIMER

12.1 THE USE OF THIS SITE BY YOU AND YOUR COMPANY IS AT YOUR AND ITS SOLE RISK. ACCORDINGLY, THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, B’ASTUTE AND ITS AFFILIATES AND CONTENT-PROVIDERS DO NOT WARRANT THAT: (i) THE USE OF THIS SITE OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (ii) THE USE OF THIS SITE OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (iii) ANY INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (iv) ANY DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; OR (v) THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.

12.2 THE SERVICES ON THIS SITE CONTAIN FEATURES THAT WILL ALLOW YOU TO TRACK YOUR COMPLETED CPE COURSES. B’ASTUTE DOES NOT GUARANTEE THAT ANY OF SUCH SERVICES WILL BE ACCURATE, CURRENT, COMPLETE, OR RELIABLE. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE CPE REQUIREMENTS, RULES AND REGULATIONS OF STATE BOARDS OF ACCOUNTANCY, AS WELL AS THOSE OF MEMBERSHIP ASSOCIATIONS AND OTHER PROFESSIONAL ORGANIZATIONS. YOU ARE SOLELY RESPONSIBLE FOR ANY CPE REPORTING REQUIREMENTS. B’ASTUTUE DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR FAILURE TO COMPLY WITH ANY OF THE FOREGOING REQUIREMENTS.

12.3 THE VIEWS AND CONTENT DISPLAYED ON THE SITE SHOULD NOT BE CONSIDERED TO BE FINANCIAL, INVESTMENT, CAREER, PROFESSIONAL OR LEGAL ADVICE. B’ASTUTE AND ITS REPRESENTATIVES DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR RELIANCE ON ANY OF THE VIEWS OR CONTENT.

12.4 Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers so the disclaimers in this Section 12 may not apply to you.

13. LIMITATION OF LIABILITY

13.1 SPECIAL DAMAGES.

IN NO EVENT WILL B’ASTUTE, OR ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF ANY OF THE FOREGOING (COLLECTIVELY, OUR “REPRESENTATIVES”), BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES, ALLEGED UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH: (i) YOUR USE OF, OR RELIANCE ON, THE SITE OR THE SERVICES; (ii) OUR PERFORMANCE OF OR FAILURE TO PERFORM OUR OBLIGATIONS IN CONNECTION WITH THESE TERMS; (iii) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR OF THIRD PARTIES; OR (iv) YOUR PURCHASE OR USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES.

13.2 LIABILITY LIMITATION.

UNDER NO CIRCUMSTANCES WILL B’ASTUTE OR OUR REPRESENTATIVES BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE SITE OR THE SERVICES, OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET, EVEN IF WE WERE ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF B’ASTUTE AND THE REPRESENTATIVES WILL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE EXTENT PERMITTED BY LAW.

13.3 OUR LIABILITY.

WITHOUT LIMITING ANY OF THE FOREGOING, IF B’ASTUTE OR ANY OF ITS REPRESENTATIVES IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, OR YOUR USE OF THE SITE, THE MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS WILL NOT EXCEED $100 IN ANY CALENDAR YEAR.

13.4 Some states do not allow the types of limitations in this Section 13, so they may not apply to you.

14. INDEMNIFICATION

You agree to defend, indemnify and hold harmless B’astute, and our officers, directors, employees, representatives, and agents, from and against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), arising out of: (i) content, data, or information that you submit, post to, or transmit through the Site; (ii) your access to and use of the Services, the Site, and other materials, products, and services available on or through the Site and B’astute; (iii) your violation of these Terms; (iv) your violation of any rights of any third party; (v) your website; and (vi) any unauthorized use of a username, password, or account number. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder.

15. RESOLUTION OF DISPUTES

These Terms will be construed and enforced in accordance with the laws of the State of Illinois. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Cook County, Illinois before one (1) arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Each of you and your Company submits to personal jurisdiction in Illinois, and any cause of action arising under these Terms or otherwise involving this Site will be brought exclusively in a court in Cook County, Illinois. You agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or these Terms must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

16. WAIVER OF JURY TRIAL

YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.

17. MISCELLANEOUS

17.1 These Terms and the privacy policy (as each may be revised and amended from time to time) collectively constitute the entire agreement with respect to your access to and use of the Site and the Services.

17.2 Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.

17.3 Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Site.

17.4 These Terms do not confer any rights, remedies, or benefits upon any person other than you or your Company.

17.5 We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.

17.6 Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.

17.7 If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.

17.8 Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities.

17.9 Discontinuation of use of this Site is your sole right and remedy for any dissatisfaction with the Site or any of the Services.

NOTICE

Where B’astute requires that you provide an e-mail address, you are responsible for providing us with your most current e-mail address. In the event that the last e-mail address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to us at the following address: 666 Dundee Road, Suite 1201, Northbrook, IL 60062. Such notice shall be deemed given when received by B’astute by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

19. GOVERNMENT USE

If you are a U.S. government entity, you acknowledge that any Services provided are "Commercial Items" as defined at 48 C.F.R. 2.101, and are being provided as commercial computer software subject to the restricted rights described in 48 C.F.R. 2.101 and 12.212.

20. OTHER AGREEMENTS

If you have entered into a separate written agreement with B’astute with respect to your use of the Site or any Services, that agreement will supersede these Terms to the extent they are in conflict.

21. QUESTIONS

Please contact us with any questions regarding the Site or these Terms at [email protected].