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We look forward to hearing from you. All conversations and correspondence are held in the strictest confidence.
Capital Advice llc and its affiliates ("Capital Advice" or "we") provide the content on this Web site (the "Site") subject to the following terms and conditions (the "Terms"). We may periodically change the Terms, so please check back from time to time. These Terms were last updated on March 3, 2011. By accessing and using this Site, you agree to these Terms. For an explanation of Capital Advice’s practices and policies related to the collection, use, and storage of any information you may give us, please read our Privacy Policy.
1. Copyrights
All content and functionality on the Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of Capital Advice or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted in writing are reserved.
2. Trademarks
The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on the Site are the registered and unregistered Trademarks of Capital Advice and its licensors. You agree not to use or reproduce any Trademark of, or imply any endorsement by or relationship with, Capital Advice or its licensors without prior written approval of Capital Advice or the owner of the mark.
3. Use of Site Content
Capital Advice hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display, and print one copy of the content and functionality displayed on the Site (the "Site Content") on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content. You may not otherwise sell, reproduce, modify, distribute, transmit, post, or disclose the Site Content without Capital Advice's prior written consent. We can terminate this license at any time and you agree to destroy all licensed materials if we request.
4. User Information
You acknowledge and agree that Capital Advice shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site in postings, survey responses, and otherwise, and you hereby waive any claims against Capital Advice for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Capital Advice's use and publication of such submissions. You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. Capital Advice does not and cannot review all information posted to the Site by users and is not responsible for such information. However, Capital Advice reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.
5. Notices of Infringement and Takedown by Capital Advice
Capital Advice prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Capital Advice at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. Capital Advice will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions. Capital Advice's contact for submission of notices under this Section 5 is: Legal Department, Capital Advice llc, 7377 East Doubletree Ranch Road, Suite 220, Scottsdale, Arizona 85254.
6. Disclaimers
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT CAPITAL ADVICE IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CAPITAL ADVICE, AND ITS AGENTS, LICENSORS AND THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. CAPITAL ADVICE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES.
CAPITAL ADVICE, AND ITS AGENTS, LICENSORS AND THIRD-PARTY CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY HARM CAUSED BY 1) ANY IMPAIRMENT OF THE USER’S COMPUTER SYSTEM PERFORMANCE AND EFFECTS ON OR DAMAGES TO SOFTWARE AND HARDWARE IN CONNECTION WITH ANY USE OF THE WEBSITE, AND 2) THE TRANSMISSION THROUGH THE WEBSITE OF A COMPUTER VIRUS, OR OTHER COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE OPERATION OF THE WEBSITE OR ANY OF YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY.
CAPITAL ADVICE, AND ITS AGENTS, LICENSORS AND THIRD-PARTY CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
7. Third-Party Web Sites
We may provide links to third-party Web sites, and some of the content appearing to be on this Site is in fact supplied by third parties, for example, in instances of framing of third-party Web sites or incorporation through framesets of content supplied by third-party servers. Capital Advice has no responsibility for these third-party Web sites, which are governed by the Terms of Use and privacy policies, if any, of the applicable third-party content providers. We do not verify, investigate or monitor any information contained on these third-party Web sites and do not warrant the accuracy, reliability, completeness or suitability of the information hey contain.
8. No Solicitation
The information on the Site is made available for informational purposes only. None of the information in the Site constitutes a solicitation or offer by Capital Advice to buy or sell any securities or provide any investment advice. The information on the Site is limited to the dissemination of general information regarding products and services. The information and services provided on the Site are not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization or clearing organization or where Capital Advice is not authorized to provide such information or services. Some products and services described in the Site may not be available in all jurisdictions or to all clients.
9. Governing Law; Jurisdiction
These Terms are governed by the laws of the State of Arizona without reference to the principles of conflicts of laws thereof. The jurisdiction for any action or proceeding arising out of or related to this agreement shall be in an appropriate state or federal court located in Maricopa County, Arizona, and the parties unconditionally waive their respective rights to a jury trial.
10. Full and Complete Agreement
These terms and conditions represent the complete and exclusive statement of the agreement between you and Capital Advice regarding your rights to access and use the Site, and supersedes all prior agreements and representations (whether written or oral), regarding this subject. This agreement is in addition to, and does not nullify, any other agreement that may exist between you and Capital Advice.
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