Terms
Terms
The website operated at capitalassociates.com (the “Site”) is owned and operated by Capital Associates Management, LLC (“Capital Associates”). Listed below are the Terms and Conditions of Service (the “Terms”) governing your use of the Site. Capital Associates reserves the right to change these Terms and the products, services, specifications, prices, and programs mentioned in this Site at any time, at its sole discretion, without advance notice.
1. Acceptance of our Terms
By visiting the website capitalassociates.com, viewing, accessing or otherwise using any of the services or information created, collected, compiled or submitted to capitalassociates.com, you agree to be bound by the following Terms and Conditions of Service. If you do not want to be bound by our Terms your only option is not to visit, view or otherwise use the services of capitalassociates.com. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and Capital Associates and that your use of capitalassociates.com shall indicate your conclusive acceptance of this agreement.
2. Provision of Services
You agree and acknowledge that Capital Associates is entitled to modify, improve or discontinue any of its services at its sole discretion and without notice to you even if it may result in you being prevented from accessing any information contained in it. Furthermore, you agree and acknowledge that Capital Associates is entitled to provide services to you through subsidiaries or affiliated entities.
3. Proprietary Rights
You acknowledge and agree that capitalassociates.com may contain proprietary and confidential information including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. Although you are authorized to view and make single copies of portions of its content for offline, personal, non-commercial use, the content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.
4. Submitted Content
When you submit content to capitalassociates.com you simultaneously grant Capital Associates an irrevocable, worldwide, royalty free license to publish, display, modify, distribute and syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license to Capital Associates. You agree to indemnify and to hold Capital Associates, its subsidiaries, affiliates, business partners, officers, employers and other agents, harmless from and against any loss, liability, damage or expense (including reasonable attorneys’ fees) arising out of your use of the Site, including, without limitation, any violations by you in the Terms of use of the Site.
5. Termination of Agreement
The Terms of this agreement will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.
6. Disclaimer of Warranties
You understand and agree that your use of capitalassociates.com is entirely at your own risk and that our services are provided “As Is” and “As Available”. Capital Associates does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the capitalassociates.com website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected. Capital Associates assumes no responsibility for, and shall not be liable for, any damages or expenses you may incur as a result of any inaccuracy, incompleteness or obsolescence of any information contained in the Site. All services and programs described on or through this Site are subject to availability and are subject to change at any time. Capital Associates shall have the right to refuse or cancel any request, submission or delivery at any item for any reason including lack of availability or error.
7. Limitation of Liability
You understand and agree that Capital Associates and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not Capital Associates has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of Capital Associates is limited to the greatest extent permitted by law.
8. External Content
capitalassociates.com may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that Capital Associates is not responsible for and does not endorse any advertising, products or resource available from such resources or websites. Capital Associates will not be responsible for the illegality of, or any error in accuracy in, any advertisers’ or sponsors’ materials. Advertisers, business partners and sponsors are responsible for insuring that materials submitted for inclusion on the Site are accurate and comply with applicable laws.
9. Jurisdiction
You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of Wake County, North Carolina, to resolve any legal matter arising from this agreement or related to your use of capitalassociates.com. If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.
10. Entire Agreement
You understand and agree that the above Terms constitute the entire general agreement between you and Capital Associates concerning the use of capitalassociates.com. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.
11. Changes to the Terms
Capital Associates reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of capitalassociates.com after any changes to Terms will signify your agreement to be bound by them.