Terms and Conditions
The website located at www.banyanhill.com and all subpages (the “Website”) are operated by Sovereign Offshore Services, LLC (“Banyan Hill,” “we,” “us,” etc.). These terms and conditions apply to your visit to and use of the Website and the purchase or use of any products from us, whether physical or digital (“Products”).
Advice
The advice we provide is published generally, is not personal to you and does not take account of your personal circumstances. We do not assess the suitability or appropriateness of any investment in light of your personal circumstances, including your knowledge and understanding, financial strength, tax liability or appetite for risk.
If you need guidance on interpreting our advice in light of your personal circumstances, you should seek independent advice from an appropriately qualified professional. You should also interpret our advice in light of the risk warnings that are contained within it.
Charges
All orders will be processed in US Dollars in 2-4 business days from the date it was placed.
If your order is on backorder, you will be notified. The order will be processed once the item is back in stock.
The transaction will be reflected on your card statement as PSV* (Publication Name) 866-584-4096 MD.
EXAMPLE:
Shipping fees and options, where applicable, are clearly disclosed on your order form at the time of purchase.
Confirmation of your order
If you order one of our own Services, within two working days of your order you will be sent an email which confirms receipt of your order. It will not contain the payment details provided by you.
In the event the payment method you provided fails, a customer services representative will contact you by telephone (if you have supplied your number) or by email or letter, to check the details you have supplied, and re-try the authorization process. Again, if we contact you by email or letter, our correspondence will not contain any payment details.
Ending a subscription
We are entitled to terminate your paid or unpaid subscriptions and access to our Websites at any time without notice. Provided you have not breached these terms and conditions, if we terminate a paid subscription of a fixed term we will refund the unused portion of your subscription fee.
If you wish to cancel your subscription, you may contact customer service at https://banyanhill.com/contact-us/ or call 866-584-4096 between 9 am and 8pm EDT.
The refund and credit policy applicable to your purchase can be found on your order form and in your confirmation email.
If you ordered by credit card, your refund will be available within 7 business days of the date of cancellation.
If you ordered using another payment method, you will receive your refund by check. Customers in the United States should expect to receive the refund within 2 weeks of the date of cancellation while international customers should allow 4 – 6 weeks to receive the refund.
For Auto Renewal Subscriptions Only
If you enrolled in a subscription then we will charge your card at the frequency and price disclosed to you on the checkout page on which you provided your credit or debit card information.
Reliance on content
Content in our publications is for general information only and is not intended to be relied upon by users in making (or not making) specific investment decisions. We try to ensure that the content of our Services is up to date and accurate, but we do not guarantee the accuracy of the information. We urge customers to perform their own due diligence.
We do everything in our power to ensure that our websites are fully operational and available to you at all times. However, in order to make sure they are up to date and offering you the best service, access may sometimes be interrupted or restricted to allow for maintenance or the introduction of new facilities and services.
Copyright and trademarks
Copyright in all information, text and images featured in the Services, is owned by or licensed to Banyan Hill (“Our Content”). Provided that you acknowledge us as the source of the information, you are entitled to save or download one copy of any of Our Content for the purposes of reference, but you are not entitled to make any further copies of the work.
All property rights remain with Banyan Hill. Other than as provided in these terms and conditions, you may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, or use for any public or commercial purpose any of Our Content without our prior written permission.
Breach of these terms and conditions
We have the right, but not the obligation, to monitor any activity and content associated with the Services. We may investigate any reported violation of these terms and conditions and take any action that we deem appropriate. This may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access to and use of the Services.
This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, United States of America, without regard to choice or conflicts of law principles. Further, you agree to the jurisdiction of the courts of the United States District of Maryland to resolve any dispute, claim or controversy that relates or arises in connection with the Agreements.
Marketing Disclosure
tastyworks, Inc. (“tastyworks”) has entered into a Marketing Agreement with Banyan Hill (“Marketing Agent”) whereby tastyworks pays compensation to Marketing Agent to
recommend tastyworks’ brokerage services. The existence of this Marketing Agreement should not be deemed as an endorsement or recommendation of Marketing Agent by tastyworks and/or
any of its affiliated companies. Neither tastyworks nor any of its affiliated companies is responsible for the privacy practices of Marketing Agent or this website. tastyworks does not
warrant the accuracy or content of the products or services offered by Marketing Agent or this website. Marketing Agent is independent and is not an affiliate of tastyworks.
Do you collect sales tax?
Banyan Hill is registered in the states below and is therefore required to collect sales tax on items sold to customers in these states, to the extent the items are taxable. Whether or not an item is taxable depends upon the laws in effect in the state.
- Alabama
- Arkansas
- Connecticut
- Colorado
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Nevada
- New Jersey
- New Mexico
- North Dakota
- North Carolina
- Oklahoma
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Vermont
- Virginia
- Washington
- Wisconsin
- Wyoming
**Alabama Tax Disclosure Sovereign Offshore Services, LLC has collected the Simplified Sellers Use Tax on transaction(s) for Alabama customers. The tax will be remitted on the customer’s behalf to the Alabama Department of Revenue. The company’s Alabama account number is R009872653.
Sales tax is generally calculated on the total selling price of each item. Depending upon the state’s tax laws, the total selling price of the item may include shipping and handling charges.
Although tax is not required to be collected in states where Banyan Hill is not registered, this does not necessarily mean the transaction is not subject to sales tax. Purchases may be subject to use tax which must be remitted directly to the state by the customer purchasing the item. Purchases are not exempt from sales tax solely because they are purchased on the internet, by catalog or by other remote means. Please contact the tax authorities in your state for additional information about your responsibilities for remitting use tax. Links to all the states’ tax administrative agencies can be found at https://www.taxadmin.org/state-tax-agencies. Sales tax is generally calculated on the total selling price of each item. Depending upon the state’s tax laws, the total selling price of the item may include shipping and handling charges.
Please note that amount of estimated tax appearing on an order may differ from the sales taxes ultimately charged at the time of credit card authorization.
A sales tax rate calculator can accessed from the link below. You should use the Use Tax rate when calculating the tax to include on your order payment. If you are unsure if the product you are purchasing is taxable, please contact Customer Service. Please note that we do not own or control information contained on this website and we are merely providing the link for your convenience.
Do You Collect VAT?
Sovereign Offshore Services, LLC is registered in the European Union (“EU”) and is therefore required to charge VAT on digital items sold to customers in the EU. VAT Rates in effect in the twenty eight member states are provided below. Note that the percentages below in parentheses (%) are reduced rates applicable to digital e-books and other digital publications. If you are paying by check please include VAT.
| EU VAT Rates for Digital Goods/Services | |||
|---|---|---|---|
| AUSTRIA | 20% | ITALY | 22% |
| BELGIUM | 21% (6%) | LATVIA | 21% |
| BULGARIA | 20% | LITHUANIA | 21% |
| CROATIA | 25% | LUXEMBOURG | 17% (3%) |
| CYPRUS | 19% | MALTA | 18% (5%) |
| CZECH REPUBLIC | 21% | NETHERLANDS | 21% |
| DENMARK | 25% | POLAND | 23% |
| ESTONIA | 20% | PORTUGAL | 23% (6%) |
| FINLAND | 24% (10%) | ROMANIA | 19% |
| FRANCE | 20% | SLOVAKIA | 20% |
| GERMANY | 19% | SLOVENIA | 22% |
| GREECE | 24% | SPAIN | 21% |
| HUNGARY | 27% (5%) | SWEDEN | 25% (6%) |
| IRELAND | 23% (9%) | UNITED KINGDOM | 20% |
DISPUTE RESOLUTION BY MANDATORY ARBITRATION AND CLASS ACTION WAIVER
Any dispute relating in any way to your visit to or use of the Website, the Products (including the purchase or use of any Products or any other purchases made on or through the Website), or otherwise related to this Agreement or your relationship with Sovereign Offshore Services, LLC (“Disputes”), shall be resolved exclusively through confidential arbitration, rather than in court, and shall be governed exclusively by the laws of the State of Maryland, without regard to principles of conflict of laws. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. Any question as to the validity of this arbitration agreement shall be submitted to confidential arbitration and decided by an arbitrator.
If a Dispute arises, you agree to first contact us at 410-783-8408 or legaloperations@14west.us. Before formally submitting a Dispute to arbitration, you and we may choose to informally resolve the Dispute. If any Dispute cannot be resolved informally, you agree that any and all Disputes, including the validity of this arbitration clause and class action waiver, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or we may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. We will pay the filing costs. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org. To the fullest extent permitted by applicable law, no arbitration of a Dispute may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Maryland: (i) any dispute, controversy, or claim relating to or contesting the validity of our or one of our family company’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by us against a non-consumer; and (iv) interactions with governmental and regulatory authorities.
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. If an arbitrator or court decides that any part of this arbitration agreement is invalid or unenforceable, the other parts of this arbitration agreement shall still apply; however, if an arbitrator or court decides that the class action waiver is invalid or unenforceable, then the entirety of this arbitration agreement shall be null and void.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the earliest of the date that you visit the Website or the date you purchase a Product or submit information to or through the Website to opt out of this arbitration agreement, by contacting us by email at legaloperations@14west.us. If you do not opt out by the earliest of the date that you visit the Website, or the date that you purchase a Product or submit information to us through the Website, then you are not eligible to opt out of this arbitration agreement.
NOTICE TO CALIFORNIA CONSUMERS
Under California Civil Code Section 1789.3, users of the Website from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Sovereign Offshore Services, LLC may be contacted in writing at Sovereign Offshore Services, LLC, 702 Cathedral Street or by telephone at 1 (866) 584-4096.
DISCLAIMER OF WARRANTIES
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT EXTEND BEYOND THE EXPRESS DESCRIPTION ON THE FACE OF THE WEBSITE AND THE PRODUCTS. WITHOUT LIMITING THE FOREGOING, SOVEREIGN OFFSHORE SERVICES LLC MAKES NO IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE PRODUCTS. SOVEREIGN OFFSHORE SERVICES DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THE WEBSITE AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. You expressly understand and agree that the Products on the Website are not approved by the FOOD AND DRUG ADMINISTRATION, and you waive the right to bring any private action alleging violations of the Food, Drug, and Cosmetic Act, or any state law equivalent, arising from your purchase of PRODUCTS on the Website.
LIMITATION OF LIABILITY
To the extent permissible by applicable law, in no event will you be entitled to recover from Sovereign Offshore Services, LLC any indirect, consequential, incidental, punitive, exemplary, or special damages arising out of (i) the use or inability to use the Website, (ii) any transaction conducted through or facilitated by the Website, (iii) the purchase of any Products on the Website, (iv) any claim attributable to errors, omissions, or other inaccuracies in the Website, (v) unauthorized access to or alteration of your transmissions or data, or (vi) any other matter relating to the Website or the Products. SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY IN THOSE STATES.
ELECTRONIC COMMUNICATIONS
By using the Website or sending electronic mail to us, you agree and consent to receive communications from us electronically, including by email or by posting notices on this Website. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms of this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR PRODUCTS OFFERED BY SOVEREIGN OFFSHORE SERVICES, LLC. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
GENERAL PROVISIONS
If any provision of this Agreement is deemed invalid, unlawful, void, or unenforceable by an arbitrator or (if proper) a court of competent jurisdiction, then that provision will be deemed severable from this Agreement, and the remaining provisions shall not be affected thereby and shall continue in full force and effect. Except as expressly set forth in this Agreement, no failure or delay by you or Sovereign Offshore Services, LLC to exercise any rights, powers, or remedies under this Agreement will operate as a waiver of that or any other right, power, or remedy. We will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in our performance under this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control.
