2. OWNERSHIP/LICENSE OF CAPITALMARKETACCESS.COM SITE CONTENT
We are the owner or licensee of all of the content contained on the Site, which includes, without limitation, certain graphics, text, images, photographs, videos, illustrations, and the design, selection and arrangement thereof, unless otherwise noted. The Site is protected by copyright and/or trademark and/or other proprietary intellectual property rights, which are owned or licensed by us, and are protected under United States and international intellectual property laws. By using the Site, you acknowledge that you do not acquire any ownership rights to the Site or any of its contents.
We grant you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the Site solely for your personal and non-commercial use for yourself. All materials displayed or made available on the Site, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code, (collectively, the “Site Material”) are the exclusive property of CMA, its clients or licensors. The Site Materials are protected by U.S. and international copyright laws and any other applicable intellectual property rules, regulations, and laws. Except as expressly permitted herein, you shall not (i) use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Site Material, or (ii) use the Site Material on other web sites or any media, e.g., social media or networking environment, without CMA’s prior written consent. Unless otherwise stated in an assignment, all assignments are confidential and may not be distributed or shown to individuals or members of teams that have not registered with the Site.
All CMA, client, vendor, and/or partner trademarks, service marks and logos (the “Marks”) displayed on the Site are exclusive property of CMA or their respective owners. You shall not use the Marks in any manner without the prior written consent of CMA or their respective owners.
3. USER LICENSE/CODE OF CONDUCT
On the Site, we may host a forum, blog, chat area, message board or other function in which you may post your own content or interact with others (“Forum”). By posting any content on the Site you grant CMA the perpetual, royalty-free right and license to publish and distribute the content throughout the world on and in connection with the Site and Forum. You may not use the Site, or if you participate in any Forum within the Site, you must not: In connection with your Use of the Site, you agree NOT to:
- violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws;
- infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party;
- upload, post, transmit, or store any material that:
- is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, objectionable, abusive, vulgar, hateful, sexually explicit or which discloses private or personal matters concerning any person;
- breaches any of your contractual or confidentiality obligations;
- disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, posting any abnormally large file or other material, or transmitting any file that permits unauthorized access to the Site or CMA’s systems; or
- are not permitted by CMA, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials.
- violate others’ privacy rights or personal rights by abusing the Site Materials, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails, and collecting others’ personal information;
- breach or attempt to breach any security measures of the Site;
- use any device, process, or mechanism to monitor, retrieve, search, or access the Site, Submitted Material, Site Material or other data or content without CMA’s systems or network without CMA’s prior written consent;
- copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Submitted Material or Site Materials, except for materials that have been submitted and are owned by you;
- post or submit any inaccurate, false, misleading or incomplete information, including your resume, biographical data, or employment information, and any information contained therein;
- impersonate any person or entity;
- forge any header information in any electronic posting or mail; or
- misrepresent yourself, your affiliation with any third party, or your entity.
- omit material information related to your connection with any product, person or entity.
- gather any email addresses or other personal information that has been posted by other users of the Site for marketing or for commercial or other improper purposes;
- “Frame” or “mirror” the Site, or any part thereof; or
- to use any automatic means (e.g. robot, spider, offline reader, the Site search/retrieval application or other manual or automatic device or process) to (a) retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents or (b) to make multiple and repetitive inquiries to access, reload or “refresh” transactional event or ticketing pages. The only exception relates to public search engines used solely to create publicly available search indices (which we may revoke such rights at any time in our sole discretion).
4. USER PROFILES
The Site may present you with opportunities to create a user profile. If you do so, you will receive an account logon and an initial password. It is your sole responsibility to (a) maintain the confidentiality of your account logon and password; (b) frequently update and revise your password; and (c) promptly notify CMA if there is any unauthorized use of your account or any breach of security.
5. LINKS TO THIRD PARTIES/FRAMING
The Site may have links, such as hyperlinks or buttons, directing access to third parties web sites (“Linked Sites”). The Linked Sites are not controlled or monitored by CMA. CMA shall not be responsible for any materials, information, or content posted on the Linked Sites. The inclusion of the Linked Sites on the Site does not imply any relationship or association between CMA and the owner of the Linked Sites or any endorsement or sponsorship by CMA of the Linked Sites. CMA includes the Linked Sites solely for your convenience. You are solely responsible for your access of the Linked Sites. You shall use your own judgment, caution, and common sense in using the Linked Sites. You may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
8. ELIGIBILITY / OTHER AGREEMENTS
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY CMA TO THE FULLEST EXTENT PERMITTED BY LAW. THERE WILL NOT BE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, CONFIGURING AND MAINTAINING ALL COMPUTER HARDWARE, SOFTWARE, TELEPHONE SERVICES, AND OTHER EQUIPMENT AND SERVICES NECESSARY FOR YOU TO USE THE SITE.
THE INTERNET IS NOT A SECURE MEDIUM, MAY BE SUBJECT TO INTERRUPTION AND DISRUPTION, AND INADVERTENT OR DELIBERATE BREACHES OF SECURITY AND PRIVACY. THE OPERATION OF THE SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND CMA’S CONTROL. THE OPERATION OF THE SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED, SECURE OR PRIVATE.
CMA WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY FAILURE OR REFUSAL BY CMA TO GIVE EFFECT TO, OR FOR ANY FAILURE OR DELAY BY CMA IN RECEIVING, ACCESSING, PROCESSING OR ACCEPTING ANY COMMUNICATION SENT TO CMA BY MEANS OF THE SITE OR EMAIL, OR FOR ANY LOSS OR DAMAGES SUFFERED AS A RESULT OF THE OPERATIONAL FAILURE, MALFUNCTION, INTERRUPTION, CHANGE, AMENDMENT OR WITHDRAWAL OF THE SITE OR EMAIL SERVICES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CMA MAKES NO REPRESENTATION, WARRANTY OR CONDITION THAT: (A) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (B) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE SITE WILL MEET YOUR REQUIREMENTS; (D) THE INFORMATION CONTAINED IN THE SITE OR DERIVED FROM THE SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; (E) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE SITE; (F) THE USE OF THE SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS, OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR (G) THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND CMA DISCLAIMS ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
10. LIABILITY AND LIMITATIONS OF LIABILITY
YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE OR THE SUBMISSION AND USE OF ANY SUBMITTED MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF THE SITE, STRANGERS, MINORS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE CMA, ITS SHAREHOLDERS, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (DIRECT,
INDIRECT, AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF THE SITE, YOUR SUBMITTED MATERIALS, ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
YOU FURTHER UNDERSTAND AND AGREE THAT CMA, ITS CLIENTS, THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, AGENTS, EMPLOYEES, AND SUPPLIERS IN NO EVENT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR BREACH OR FAILURE OF WARRANTY, EVEN IF CMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY, OR THE DISCLAIMER OF CERTAIN DAMAGES, CMA’S AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED US$100.
CMA has the right, in its sole discretion, to terminate any services of the Site and remove any Site Materials from the Site and at any time. CMA may also terminate your access to any part or all of the services provided by CMA on the Site at any time, with or without cause or notice, for any reason.
12. NOTICE OF COPYRIGHT INFRINGEMENT
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform CMA by sending written notice by registered mail to the address below. The notice must comply with the Digital Millennium Copyright Act (and international intellectual property law, where applicable), and include, among other things, the following information as set forth in the Digital Millennium Copyright Act, 17 U.S.C. § 512 (c)(3)(A).
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work you claim is being infringed, or, if you want to cover multiple copyrighted works in a single notice, a representative list of such works.
3. Identification of the material that you claim is infringing or is the subject of infringing activity and that you believe should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
Please note that the contact information provided below is for allegations of suspected copyright infringement only.
13. IMPORTANT DISCLAIMERS AND CAUTIONS
CMA is not registered as a securities broker-dealer or an investment adviser either with the U.S. Securities and Exchange Commission (the "SEC") or with any state securities regulatory authority. We are neither licensed nor qualified to provide investment advice. The information contained in our website should be viewed as commercial advertisement and not intended to be investment advice. Any of services listed on this website that require such licensing or qualification status are provided by third party partners who have such licensing or qualification.
The website is not provided to any particular individual with a view toward their individual circumstances. The information contained in our website is not an offer to buy or sell securities. We may distribute opinions, comments and information free of charge exclusively to individuals who wish to receive them. Our website has been prepared for informational purposes only and are not intended to be used as a complete source of information on any particular company or individual. An individual should never invest in the securities of any of the companies profiled based solely on information contained in this website. Individuals should assume that all information contained in this website about profiled companies is not trustworthy unless verified by their own independent research. Any individual who chooses to invest in any securities should do so with caution. Investing in securities is speculative and carries a high degree of risk; you may lose some or all of the money that is invested. Always research your own investments and consult with a registered investment advisor or licensed stock broker before investing.
None of the information on this website is guaranteed by us to be accurate. Individuals should assume that all information contained herein is not trustworthy unless verified by their own independent research. Also, because events and circumstances frequently do not occur as expected, there will likely be differences between the any predictions and actual results. Always consult a real licensed investment professional before making any investment decision. Be extremely careful, investing in securities carries a high degree of risk; you may likely lose some or all of the investment. In most cases, we have been compensated by the company or companies profiled or listed on this website. This compensation constitutes a conflict of interest as to our ability to remain objective in our communication regarding the profiled or listed company or companies. We or our affiliates may hold, buy, and sell securities in the companies profiled. We reserve the right to buy or sell the shares of any the companies mentioned in any materials we produce at any time.
Information contained in our website will contain forward looking statement as defined under Section 27A of the Securities Act of 1933 and Section 21B of the Securities Exchange Act of 1934. Subscribers are cautioned not to place undue reliance upon these forward looking statements. These forward looking statements are subject to a number of known and unknown risks and uncertainties outside of our control that could cause actual operations or results to differ materially from those anticipated. Factors that could affect performance include, but are not limited to, those factors that are discussed in each profiled company's most recent reports or registration statements filed with the SEC. We do not provide any assurance as to the accuracy or completeness of the information provided, including information regarding a profiled company's plans or ability to effect any planned or proposed actions. To the fullest extent of the law, we will not be liable to any person or entity for the quality, accuracy, completeness, reliability or timeliness of the information provided in the website, or for any direct, indirect, consequential, incidental, special or punitive damages that may arise out of the use of information we provide to any person or entity (including, but not limited to, lost profits, loss of opportunities, trading losses, and damages that may result from any inaccuracy or incompleteness of this information). We encourage you to invest carefully and read investment information available at the websites of the SEC at http://www.sec.gov and FINRA at http://www.finra.org.
If you need more information regarding the Site or this Notice, please send your request to:
Attn: CMA Website Administrator
Capital Market Access, LLC
848 N. Rainbow Blvd. #1896
Las Vegas NV 89107