Terms of Service

BOC Texas LLC’s Website Terms of Use

Welcome to www.blueorcacapital.com. The www.blueorcacapital.com (the “Website”) operated by BOC Texas LLC (“Company”, “BOC Texas”, “we”, “us” or “our”). When you use the Website and its secondary pages (collectively referred to as “the Blue Orca Capital Website”, “the Website”, or “Our Website”), the Terms and Conditions (the “Terms of Use”) will constitute as a legally binding agreement between you and us. This is the case whether you are a visitor to the Website, a registered user (meaning that you have signed up with the Website as a user, subscribed to any of the Website’s services, download from the website, have been designated with a user account, or otherwise).

It is your responsibility to earnestly read the terms and conditions of the Website before using it. Your use of the Website is contingent upon your acceptance of our privacy policy, disclaimer and terms and conditions in this Terms of Use (collectively, the “Policies”). Please review our disclaimer and our Privacy Policy, which also governs the Website and informs you of our data collection practices. Accordingly, the use of the Website will be considered acceptance of its Policies. If you do not agree to the Policies, then you may not use, visit, view, enter, subscribe, participate, download, or register as a user with the Website. We have the right to modify the Policies at any time, or any other policy on the Website, and the ability to do so is in our sole discretion, and any such changes, unless otherwise noted, will be effective immediately. You should review the Policies of the Website regularly and carefully.

  1. Definitions. “You” and/or “Your” applies to all Website users. “Website User or Website Users” comprises of any visitor, subscriber, account holder, registrant, and unverified or verified third-party professional having an account or subscribing to the Services offered on the Website or any of the products or services offered by the Company or its affiliates via the Website. “Services” means the use of the Website and the products or services available from the Website in accordance with these terms and conditions, including our research reports. “Terms and Conditions” or “Terms of Use” means the standard terms and conditions of the Website as set out in this document.
  1. International Users of the Website. The Website and the Services are controlled, operated, and administered by the Company from our principal address in the United States. If you access the Website from a location outside the United States, you are responsible for complying with all the local and national laws in your jurisdiction. You agree that you will not use any content accessed through the Website in any jurisdiction outside the United States, or in any manner prohibited by any applicable laws, restrictions, or regulations.
  1. Eligibility. The Website is not directed towards minors. We do not knowingly collect, either online or offline, personal information from persons under 13 years of age. If you are under the age of 18, you may use our website only with permission of a parent or guardian.
  1. Access and Use. In order to use the Website, you need the equipment and means necessary to access or connect to the World Wide Web. You are responsible for any fees associated with such connection or access (such as those charged by an Internet Service Provider (ISP) or other online service). You will also need an appropriate equipment and software applications (“Computer”) to use the Website. You are responsible for installing, maintaining, and operating your Computer. We are not directly or indirectly responsible for any problems associated with your use of the Website, including but not limited to any virus, spam or related problems associated with your use of the Website on your Computer. You agree you will: (a) provide accurate and complete information, if or when prompted to do so by any user registration or subscription form on the Website, and (b) maintain and update such information on an ongoing basis, so it remains accurate and comprehensive.
  1. Electronic Communications. Visiting the Website or signing up to the Company’s services, including any paid or unpaid subscription services constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy all the legal requirements that such communications be in writing. You agree that you will accept all electronic communications from us at your e-mail address and will not make any claims against us if you do not receive communications we send to your e-mail address. You agree to notify us promptly if your e-mail address changes.
  1. Modifications to the Website. The Company may modify, suspend, or discontinue all or any portion of the Website, including any products or services offered through the Website, at any time, with or without notice. The Company reserves the right to modify the Website at any time. You agree to review the Website periodically so that you are aware of any modifications. Your continued use of the Website or subscription of the Services offered by the Company through the Website shall be deemed your acceptance of the modified Website.
  1. Security. If applicable to the Website, your username and password serve an important security function for the Website. They are a safeguard to prevent any disclosure of your private information. You agree that you are responsible for maintaining the confidentiality of your username and password. It is our recommendation that you keep your user name and password safe as a secret. You are also fully responsible for all activities that occur under your user account. If you become aware of a breach of your username or password, or actual or suspected unauthorized use of your user account, it is your responsibility to immediately notify the Company and its representatives. Neither the Company, nor any of its representatives, affiliates, or advisors are liable for any loss or damage arising from your failure to comply with this section. You further agree that the Company will not be responsible for any loss to you arising from your failure to comply with the above.
  1. User Conduct. You may only use the Website and any data contained in the Website for your own purposes. You agree that you will not use the Website to: submit, post, upload, or otherwise transmit any content through the Website (“User Content”) that is defamatory, libelous, abusive, tortuous, harassing, vulgar, obscene, or otherwise indecent; submit, post, upload or otherwise transmit any User Content that infringes or otherwise violates the intellectual property and other legal rights of any third party, including without limitation privacy rights and proprietary rights; submit, post, upload or otherwise transmit User Content that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer; reverse engineer, adapt, modify or translate any portion of the contained material, advertise or offer to sell any goods or services for any commercial purpose; conduct, display, or forward surveys, contests, pyramid schemes, “spam” or chain letters; impersonate, or otherwise misrepresent your affiliation with, any other person or entity; falsify or delete any attributions, legends, or other proprietary designations of the origin or source of software or other content appearing on the Website or contained in a file that is uploaded; collect or store any information about the Website’s users or third party advisors for any reason other than in the course of participating as a user of the Website; solicit or share reviews with any third parties; create user accounts for fraudulent purposes with false information or by automated means; utilize the Website to decipher passwords or security encryption codes, violate the security of any of Website’s computer network, transfer or store illegal, threatening or obscene material; engage in any action that requires, or may require, an unreasonable or excessively large load on our information technology infrastructure; or violate any applicable local, state, federal, or international law or regulation.
  1. Security and Usage Restrictions. You further agree not to circumvent, disable, or otherwise interfere with the security and functionality of the Website or any of its features that prevent or restrict use or copying of any content or that enforce limitations on use of the Website or the content therein. You will not use the Website in any manner that could disable, overburden, damage or impair the Website, or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website. You will not use any robot, spider, crawler, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Website or its contents. You will not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website and its contents are stored, or any server, computer or database connected to the Website. You will not attack the Website via a denial-of-service attack or a distributed denial-of-service attack. Failure to abide by these restrictions may subject you to civil or criminal legal action and may result in termination of your access and use of the Website or in termination of the Company’s other services.
  1. Content Posted on the Website. The Website includes news and information, commentary, research reports, data and other material concerning financial information about markets, companies, and other subjects. The research and reports on the Website reflect the opinions of the Company and we have based our opinions on facts and evidence collected and analyzed, all of which we set out in our research reports to support our opinions. We are investors. As such, we are biased, just as are other investors, analysts, and the companies we discuss. Like other financial reporters, we are exercising our right to express our opinions in a public forum, and we believe such opinions are in the public interest. However, no content posted on the Website is an offer to sell or a solicitation of an offer to buy any security. You should presume that the principals of the Company and/or the Company’s clients and investors hold or held trading positions in the securities of the companies profiled on the Website and therefore stand or stood to realize significant gains if the price of the securities covered in the content of the Website rises or declines in conjunction with our investment opinion. You are bound by the Website’s more fulsome Disclaimer in addition to the Terms of Use.
  1. Third Party Advice. If applicable, the Website can be a platform for people, who seek information about companies. The Website may allow people seeking information to potentially learn and educate, so that those who seek information can be better informed. It is impossible for the Company or the Third-Party Content Provider on the Website to assume responsibility for the content, questions, interactions resulting from any content or links provided through the Website. Accordingly, we do not endorse any third-party opinions, ideas, suggestions, feedback, comments, observations, texts, advice, data, chat messages, files, or any other material (all of which is referred to as “Third-Party Content”) provided through the Website to you. Neither the Company, the Third-Party Content Provider, nor any of the Company’s affiliates, third-party or otherwise, guarantee the accuracy, timeliness, completeness, usefulness, or availability of the content, nor is the Company or its affiliates responsible for any errors or omissions in the Third-Party Content (negligent or otherwise), regardless of the cause, or for the results obtained from the use of such Third-Party Content. In no event shall the Company or any Third-Party Content Provider be liable for any damages, costs, expenses, legal fees, or losses (including lost income or lost profit and opportunity costs) in connection with any use of Third-Party Content. A reference to a particular investment or security, a rating or any observation concerning an investment that is part of the Third-Party Content is not a recommendation to buy, sell or hold such investment or security, does not address the suitability of an investment or security for any particular investor, and should not be relied on as investment advice. The information provided by the Company, or the Third-Party Content Provider are merely statements of opinions and are not statements of fact. You accept and assume all risks of using any Third-Party Content. The inclusion of any Third-Party Content on the Website does not constitute an endorsement or recommendation from the Company of such Third-Party Content or the Third-Party Content Provider. The Company takes no responsibility and assume no liability for any Third-Party Content that is abusive, harassing, harmful, obscene, indecent, inflammatory, exceptionally violent, profane, racially, ethnically, or otherwise objectionable, libelous, defamatory, deceptive, pornographic, sexually explicit, unlawful, or plagiarized. The Company does not guarantee the reliability, authenticity, accuracy, or quality of any content, including the Third-Party Content displayed on the Website. It is up to you to evaluate and bear any risks associated with your use of the content, including the Third-Party Content on the Website and you are solely responsible for any damage to you or others resulting there from. We do not claim to have any ownership rights in the Third-Party Content. You agree that we have the right to edit, delete, modify, reject, or refuse to post any content, including the Third-Party Content on the Website..
  1. Copyrights. Certain content on the Website, including data, pictures, news feeds, reports, or any other information (“Company Data”) provided by the Company, or its affiliates are protected by copyrights and other intellectual property rights. The Company and its affiliates own all right, title, and interest in and to the Company Data and the Company retains its ownership rights in the Company Data. You acknowledge that the Company Data and any underlying technology used in connection with the Website contain proprietary information of the Company. You may not copy, duplicate, reproduce, publish, distribute, create derivative works of, modify, adapt, translate, rent, sublicense, assign, loan, sell, transfer, network, display to any third parties, transmit, compile, or collect in a database, or in any manner commercially exploit any part of the Company Data or any other information provided by the Company on the Website. You may not give copies of the Company Data to anyone. You must abide by all copyright notices, information, or restrictions contained in or attached to any content on the Website, or portion of the Website itself. Neither the terms or conditions, nor any other agreement pertaining to your use of the Website limits any of our or our affiliates’ rights under trade secret, trademark, copyright, patent, or other laws. The Company reserves the right, without prior notice and in its sole discretion, to remove any content that is in violation of the Website’s terms of use.
  1. Trademarks. The Company and its trademarks, and all other names or slogans appearing on the Website are trademarks of the Company, its affiliates, and licensors. These trademarks may not be imitated, copied or used, in part or in whole, without the prior written permission of the Company or its legal trademark holder. The look and feel of , including all button icons, scripts, custom graphics and headers is the service mark, trademark and/or trade dress of the Company. It may not be imitated, copied or used, in part or in whole, without the Company’s prior written permission. The Company disclaims that any references to any third-party customers, vendors, advisors, products, services, processes or other information by trade name, trademark, service provider, or otherwise does not constitute or imply endorsement, sponsorship, affiliation, recommendation, or contractual relationship thereof by the Company or vice-versa.
  1. Electronic Mail Address. The Company may contact you by electronic means, if you have provided your e-mail address to us. You agree that you will accept all electronic communications from us at your e-mail address and will not make any claims against us, if you do not receive any communications we send to your e-mail address. You agree to notify us promptly, if your e-mail address changes.
  1. Failure to Comply with the Website’s Terms of use. You acknowledge and agree that the Company may suspend or terminate your user account and/or deny you access to, use of, or submission of any features, subscriptions, premium or otherwise, without a prior notice, if you engage in any conduct that the Company believes, in its sole discretion: (a) violates any term or provision of the Policies, (b) violates the rights of the Company or any third parties and affiliates, or (c) is otherwise inappropriate for continued access and use of the Website. You agree that upon termination, we may, but we are not required to, delete all information related to your user account and may bar your access to your user account and any of the Website’s products or services.
  1. Links to Third-Party Sites and Third-Party Services. The Website may contain external links to other websites operated by third parties (“Linked Websites”). We are not responsible for any content of those sites or for any of your business transactions with them. Inclusion of links to such third-party websites does not imply any endorsement, affiliation, recommendation, or contractual relationship of the Company with the source of those materials or the material itself on such websites.
  1. Indemnification. You agree to indemnify and hold the Company, its directors, officers, employees and agents (and the same of our subsidiaries and affiliates and our subsidiaries and affiliates themselves) harmless from and against losses arising in connection with the services provided under the Website. You further agree to hold us, the Company, its directors, officers, employees, and agents (and the same of our subsidiaries and affiliates and our subsidiaries and affiliates themselves) harmless from any losses, financial or otherwise, arising out of actions taken or omitted in good faith by any of the third-parties, vendors or advisors on the Website. All third-party vendors or advisors are independent professionals. They have no affiliations with the Company or the Website. We are not responsible for any actions or omissions by any third parties on the Website or outside its intended context. If you give us instructions that we believe may expose the Company to potential liability, we may refuse to follow your instructions and we will not be liable to you, if the Company refuses to follow your instructions.
  1. Termination. You may discontinue your use, participation, or access to the Website at any time. The terms of use of the Website will continue to apply to all past use of the Website by you, even if you are no longer using it.
  1. Disputes. If applicable, you are solely responsible for your interactions with other users or third-party advisors on the Website. The Company reserves the right, but have no obligation, to monitor and take action regarding any disputes between users and/or third-party advisors. In the event of a dispute, we may, in our sole discretion, take any action that we deem as an appropriate response to the dispute, including the removal of the user(s) or advisor(s) interactions, and the suspension or termination of the user or advisor’s access to the Website.
  1. Arbitration. YOU AND THE COMPANY AGREE THAT, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THE POLICIES SHALL BE FINAL AND BINDING ARBITRATION. Either the Company or you may demand that any dispute between the Company and you arising out of or relating to the Website must be settled by arbitration utilizing the Commercial Arbitration Rules of the American Arbitration Association (AAA) in Austin, TX provided that the foregoing shall not prevent the Company from seeking injunctive relief in a court of competent jurisdiction. Judgment on the arbitral award may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THE POLICIES SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
  1. Class Action Waiver. Any dispute or alternate dispute resolutions under the Terms of use will take place on an individual basis. Class actions or class dispute resolutions are not permitted, including arbitration. The Parties agree that a party may bring claims against the other only in each’s individual capacity and not as a plaintiff or class member in any punitive class, collective and/or representative proceeding, such as in the form of a private attorney general action against each other. Unless both you and the Company agree otherwise, no claims of more than one person shall be consolidated and no one mediator, arbitrator, or judge may preside over any form of a representative or class proceeding.
  1. Applicable Law. The terms of use herein are governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of laws’ provisions. Federal law governs copyright, patent, and trademark matters. You agree that the proper forum for any intellectual property related claims under the terms of use will be the appropriate Courts of the State of Texas or the applicable U.S. District Court in the State of Texas, and you agree to submit to the jurisdiction of these courts. The prevailing party in any action will be entitled to recover reasonable expenses, including attorneys’ fees.
  1. Severability. If any provision of these Terms of use shall be deemed unlawful, void or for any reason unenforceable, then that provision is severable from the remainder of the provisions of the Terms of use and shall not affect the enforceability and validity of any of the remaining provisions.
  1. Limitation of Liability. IN NO EVENT SHALL THE COMPANUY, ITS OFFICERS, MEMBERS, USERS, MANAGERS, EMPLOYEES, OR AGENTS, AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE WEBSITE’S CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR INTERACTIVE FEATURES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, (VI) FINANCIAL OR INVESTMENT INFORMATION, WHETHER COORDINATED THROUGH THE WEBSITE, ITS THIRD PARTY LINKS, OR OTHERWISE, AND (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE THIRD-PARTY LINKS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
  1. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: Your use of the Website is at your sole risk; the Website is provided on an “as is” and “as available” basis. The Company and its affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Company and its affiliates, officers, employees, agents, partners and licensors make no warranty that (1) the Website or any other third-party service will meet your requirements; (2) the Website will be uninterrupted, timely, secure or error free; (3) the results obtained from the use of the Website or from any of its third party affiliates will be accurate or reliable; (4) the quality of any products, services, information or other material purchased or obtained by you directly or indirectly as a result of your use of the Website will meet your expectations; and (5) any errors in the Website will be corrected. Any material used, read, relied upon, downloaded, or otherwise obtained by any users using the Website is accessed at your own discretion and 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.
  1. No Agency Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or the use of the Website.
  1. Changes to the Policies. The Company reserves the right, in its sole discretion, to change the Policies (Terms of use and Privacy Policy) under which the Website is offered. The most current version of the Terms of use will supersede all previous versions. The Company encourage you to periodically view the Policies to stay informed of the Company’s updates.
  1. Questions. To ask questions about the Terms of use and Privacy Policy, please contact us at the following email: contactus@blueorcacapital.com.

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