Please review the following terms and conditions carefully. This Agreement is a legally binding contract between you (“You” or “Your”) and Capital Institutional Services, Inc. (“CAPIS,” “We” or “Us”) regarding Your access to and use of our website (the “Site”). By accessing the Site, You agree to the terms and conditions as outlined in this legal notice. CAPIS reserves the right to change these terms and conditions from time to time at its sole discretion. Your use of the Site following any such change constitutes Your agreement to follow and be bound by the terms as changed.
2. Third Party Content
The Site includes information from a variety of sources, including third parties, regarding third party’s products and services (the “Content”). CAPIS does not control such third party Content or the provider of such Content, nor does CAPIS benefit from the provision of such Content by third parties. Accordingly, CAPIS does not make any representations, endorsements or warranties whatsoever regarding the advice, goods and/or services of such third parties. For more complete information on any information, product or service listed on the Site, please contact the provider of the information. In accordance with the Securities and Exchange Commission regulations, overseas investors may contact the firm or the third parties listed on the Site for more information about the products and services available to them.
Some areas of the Site require registration for use. In those instances, We require that You register with Us through Your account executive or other CAPIS personnel. You must provide Us with current, complete and accurate information as requested by Us. You further agree to promptly update any registration information with Us in order to keep it true, accurate, current and complete.
4. Password and Security
Upon registration for Your account, a user identification name (i.e., Your email address) and a password will be provided to You by Us. You are solely responsible for maintaining the confidentiality of Your password and user ID. Furthermore, You understand and agree that the account is Yours, individually, and that You are solely responsible for any and all activities that occur under Your account. You agree to (a) immediately notify CAPIS of any unauthorized use of Your password, account or any other breach of security; and (b) ensure that You completely exit from Your session at the Site.
5. Your Conduct
You agree not to upload, email or otherwise transmit to the Site, any content or other material in any format that (a) infringes any other third party’s intellectual property; (b) contains viruses, worms, Trojan horses, corrupted files, or any other similar software or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware; (c) alters, removes, or falsifies any attributions or other proprietary designations of origin or source of any other content appearing on the Site or contained in a file that is uploaded to the Site; or (d) attempt, through any means, to gain unauthorized access to the Site, or another user’s account on the Site. The use of any device, software or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited. You may not disclose or share Your password to any third parties or use Your password for any unauthorized purpose. In any case, You remain solely responsible for any authorized or unauthorized use of Your password.
6. Proprietary Rights Restrictions
All material on the Site including without limitation all informational text, photographs, graphics, audio, video, messages, files, documents, images or other materials (collectively, the “Materials”), whether publicly posted or privately transmitted, as well as all derivative works, is owned by CAPIS or other parties that have licensed their material to CAPIS and is protected by copyright, trademark and other intellectual property laws. CAPIS disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than its own. Trademarks, logos, images and service marks displayed on the Site are the property of either CAPIS or other third parties. You agree not to display or use such marks without the firm’s prior written permission. The Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Without the prior written consent of CAPIS, any modification of the Materials, use of the Materials on any website or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial use is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited.
7. Links to Other Websites
If any link is offered connecting You to a third party website, it is as an accommodation to the respective third party site owner and without charge. Sites linked to and from this Site are not necessarily under the control of the firm and We shall have no responsibilities or liabilities whatsoever for the content or privacy practices of any such linked site or any link or linking program at any time. CAPIS does not necessarily endorse companies (or related products or services) to or from which the Site is linked. If You decide to access any of the third party sites linked to this Site, You do so entirely at Your own risk.
8. Disclaimer of Warranties
OUR SITE, AND THE CONTENTS THEREIN, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR DAMAGE OR LOSS CAUSED BY ERRORS OF THE SITE, CONTENT ON THE SITE OR THE INTERNET. FURTHER, CAPIS DISCLAIMS ANY TYPE OF RELATIONSHIP WITH CONTENT PROVIDERS INCLUDING BUT NOT LIMITED TO, PRINCIPAL/AGENT, MASTER/SERVANT, PARTNERSHIP, JOINT VENTURE, OR JOINT ENTERPRISE. CAPIS DOES NOT EXERCISE CONTROL OVER ANY THIRD PARTIES THAT PROVIDE CONTENT TO THE SITE. ADDITIONALLY, THE SITE MAY BE UNAVAILABLE UNEXPECTEDLY AS A RESULT OF ERRORS OR CIRCUMSTANCES BEYOND OUR CONTROL.
9. Limitation of Liability
CAPIS AND ITS LICENSORS, CONTENT AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE) ARISING OUT OF THE USE OF THE SITE, THE CONTENT ON THE SITE, WEBSITES, AND THE CONTENT THEREIN, LINKED TO THIS SITE, OR THE INABILITY TO USE THE SITE AND CONTENT CONTAINED THEREIN AND ITS OPERATING SOFTWARE (INCLUDING, BUT NOT NECESSARILY LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA), WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE (BUT EXCLUDING CLAIMS ARISING OUT OF PERSONAL INJURY OR DEATH) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS PARAGRAPH AND THE PRECEDING PARAGRAPH WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
You agree to indemnify and hold CAPIS, its subsidiaries, affiliates, officers, agents, licensees, co-branders or other partners, and employees, harmless from and against any and all claims, damages, costs and expenses, including attorney’s fees, arising from any content you submit to the Site and/or related to Your use of the Site and/or any content contained therein.
11. Changes to the Service
12. Failure to Abide by These Terms
13. Governing Law; Consent to Jurisdiction
15. Product and Service Information
Product and service offers, prices, terms and other information provided herein are subject to change without notice. You should ascertain the appropriateness of any product or service as it may pertain to Your intended purpose and needs.
CAPIS RECOMMENDS THAT YOU SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, OR OTHER CONTENT, AND ANY ACTION BY YOU BASED IN WHOLE OR IN PART ON SAME.