Acceptance of the Terms of Use. You are entering into these Terms of Use (these “Terms”) with us, Capital Allocators Partners, LLC, a Delaware limited liability company (also referred to as “we,” “our”, or “us”). These Terms govern your use of our website and the content, functionality, and services on our website, which we refer to collectively as the “Website.” You agree to these Terms, and other policies on our Website by using the Website or by accepting these Terms in connection with creating an account with us.
Changes to These Terms. We may change these Terms from time to time, and such changes will be effective upon our posting a new version on the Website. We will also update the date at the top of these Terms to reflect the effective date of any such changes, and we encourage you to periodically review these Terms for any updates. Your continued use of the Website and/or creation of an account after we have posted an updated version of these Terms will automatically constitute your acceptance of such version.
Your Conduct. You may use the Website only for lawful purposes. You represent, warranty, and agree that you will not (a) use the Website in a way that violates any law, including laws related to infringement or misappropriation of intellectual property rights, defamation, obscenity, incitement and fighting words, and privacy, (b) use the Website for any unauthorized, fraudulent, or malicious purpose, (c) engage in any other conduct that restricts or inhibits anyone’s use of the Website or that may harm us or other users of the Website, (d) use the Website in any manner that could disable, overburden, damage, or impair our Website, (e) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website, (f) attempt to defeat security measures or access systems, data or information not intended by us to be made accessible to a user, (g) obtain or attempt to obtain any materials or information through any means not intentionally made available by us; (h) to use the Website for any use other than the purpose for which it was intended; (i) remove any trademark or copyright notices contained in the Website or Content; (j) reproduce, modify, publish, distribute, transmit, disseminate, transfer, license, sell, lease, create derivative works based upon, or in any way commercially exploit the Website or Content; (k) disassemble, decompile or reverse engineer the Website or Content; (l) interfere with or disrupt the operation of the Website or any other systems or otherwise interrupt or interfere with any other user’s use or enjoyment of the Website; (m) send unsolicited advertisements through the Websites; (n) impersonate any person or misrepresent your identity or affiliation; (o) provide any false or misleading information or any information that you do not have the right to provide; or (p) otherwise violate any of our published rules, policies, or guidelines. We continue to reserve the right to suspend your account for violating these terms.
Parts of our website are intended to be an open forum. We are not responsible for any content provided by any contributor or users of the Website. We are not actively monitoring or approving any content or comments from users. However, we may remove any content or comments from users at any time if we deem the content is in violation of law or otherwise violates these terms. We will not modify any users content or comments. We may update our Website by adding or removing features at any time. We will not be liable if the Website is unavailable.
Your Account; Subscriptions. To access the Website or some of its resources, you may be asked to provide certain registration details or other information. You must also be at least 18 years old to use the Website. You will ensure that all registration information you provide to the Website is correct, current, and complete. We may take actions consistent with our privacy policy with respect to all information you provide to our Website. You may not share your account or credentials with any other individual or entity.
We have the right to cancel your account or subscription immediately if you breach these Terms or any community policies or agreements we have in place. For avoidance of doubt, if we terminate your subscription for cause, we will not be obligated to refund any prepaid subscription fees.
By providing us a payment card or other payment method information, you authorize use to charge you for the designated amounts on a one-time or recurring basis, as selected by you. You acknowledge and agree that we may use one or more third-party payment processors to facilitate payments made through the Website, and that such payment processors will receive sufficient information regarding you and your payment method as needed to process such payments. Unless otherwise expressly set forth herein, all payments are non-refundable.
Content; User Submissions; Feedback. “Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages, or other material or content that are displayed, used, or otherwise incorporated into the Website.
All Content other than your User Submissions (as defined below) is owned by us or our third party licensors and vendors and is protected by applicable copyright, trademark, and/or other intellectual property laws. Nothing contained on the Website should be construed as granting any license or right to use any of the Content without our written permission other than as set forth herein. Subject to your continued compliance with these Terms, we hereby grant you a personal, non-exclusive, revocable, non-transferable and non-sublicensable license to access and use the Website and Content for your personal use. Any use of the trademarks included in the Content will inure to our (or the applicable licensor’s) benefit.
If you believe that any Content infringes your copyrights or that your intellectual property rights have been otherwise harmed, immediately notify our designated copyright agent by email at ted@capitalallocators.com. Your notice must comply with the requirements of the DMCA by including the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) 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; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you repeatedly infringe third party copyrights (e.g., by submitting Content without permission), whether proven or alleged, it is our policy to terminate your account on the Website.
We refer to all information and Content you provide to the Website as “User Submissions.” We have the right, but no obligation, to monitor or screen User Submissions and remove any User Submissions in our discretion, including if we deem it objectionable or inappropriate in any way. You own your User Submissions. By submitting any User Submissions, you: (i) represent and warrant that you have all right, title, and interest to do so; (ii) acknowledge that User Submissions will not be treated as confidential, and may be publicly visible via the Website; (iii) grant us and our affiliates a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, and fully transferable and sublicensable license to use, reproduce, display, perform, modify, transmit, distribute and create derivative works of your User Submissions in any media and for any purpose whatsoever (including to operate, maintain, improve, and promote the Website) without attribution or compensation; and (iv) irrevocably waive any claims of moral rights, privacy, publicity, or similar rights in any User Submissions. If you provide feedback, suggestions, improvements, or requests for additional functionality related to the Website (collectively, “Feedback”), you grant us an unrestricted, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, display, perform, modify, transmit, distribute and create derivative works of such Feedback in any way we deem reasonable, without any attribution or accounting to you. This paragraph will survive any termination or expiration of these Terms or of your account.
Sweepstakes, Contests and Promotions. We may offer sweepstakes, contests, and other promotions through the Website (any, a “Promotion”) that may require registration. By participating in a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness or other indicia of persona in advertising or marketing associated with the Promotion.
Third Parties. The Website may contain links to websites owned or operated by, and marketing materials and content provided by or promoting third parties and their products and services (for which we may be compensated on a non-transaction basis by the applicable third party and therefore we have an incentive to list such content over other content for which we do not receive any compensation). We do not control or endorse such parties, websites, products or services, and we are not responsible for their content, nor are we responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites or materials. We have the right, but not the obligation, to review any Content provided by third parties (including other users of the Website). We do not endorse such third party Content, and any views expressed therein are the views of the applicable author and do not necessarily align with our views. We are not responsible for the accuracy or reliability of any Content provided by third parties and will not be liable for any causes of action (including slander, libel, or invasion of privacy) relating to such third-party Content. We have no control over, and are not responsible for, your interactions (online or in person) with any third parties, including other users of the Website even if introduced via the Website. You are solely responsible for your interactions with any third parties. If you have any disputes with other users of the Website, we may (at our discretion) attempt to facilitate a resolution, but are under no obligation to do so. Additionally, the Website may enable the use of certain third-party features, and any use of such third-party features will be at your own risk and subject to the applicable third party’s terms and conditions.
IMPORTANT DISCLOSURES AND DISCLAIMERS.
NEITHER WE, NOR THE WEBSITE OR CONTENT, PROVIDE LEGAL, TAX, FINANCIAL, INVESTMENT, OR OTHER PROFESSIONAL ADVICE. YOU SHOULD CONSULT PROFESSIONAL ADVISORS ABOUT THE LEGAL, TAX, INVESTMENT, OR FINANCIAL CONSEQUENCES OF YOUR ACTIVITIES. WE DO NOT REPRESENT AND CANNOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE OR CONTENT. WITHOUT LIMITING THE FOREGOING, Nothing provided on or through the WEBSITE shall constitute or be construed as an offer or solicitation to purchase any security or financial instrument, or as financial, legal, tax, or investment advice, or a suitabLE investment OR recommendation or endorsement of any USER OR THIRD PARTY. CONTENT AVAilable on or through the WEBSITE should not be considered as sufficient INFORMATION UPOn which to base an investment decision. YOU assume sole responsibility and risk of YOUR investment decisions and the due diligence related thereto.
YOUR USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK AND THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THE CONTENT WILL BE COMPLETE OR ACCURATE. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY ELECTRONIC NETWORK OR LINES, SERVERS, SOFTWARE, OR FAILURE OF TRANSMISSION AS A RESULT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON THE WEBSITE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON’S COMPUTER RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEBSITE.
UNDER NO CIRCUMSTANCES SHALL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITE, CONTENT, OR FROM THE CONDUCT OF ANY USERS OF THE WEBSITE OR OTHER THIRD PARTIES. WE DO NOT ENDORSE ANY USERS OR THIRD PARTIES LISTED, REFERENCED, OR REGISTERED USING THE WEBSITE (EVEN THOSE WE MAY FEATURE OR SPOTLIGHT FROM TIME TO TIME). IF YOU CHOOSE TO WORK WITH ANY SUCH USERS OR THIRD PARTIES, YOU DO SO AT YOUR OWN RISK AND WE WILL NOT BE RESPONSIBLE FOR SUCH INTERACTIONS OR THE SERVICES PROVIDED BY SUCH THIRD PARTIES, INCLUDING INVESTMENT SERVICES. ANY SEPARATE INVESTMENT OR OTHER BUSINESS RELATIONSHIP YOU ENTER INTO WITH ANY THIRD PARTY IS SOLELY BETWEEN YOU AND SUCH THIRD PARTY, AND WE ARE NOT A PARTY TO SUCH RELATIONSHIP.
SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS ON WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEITHER WE NOR OUR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE, UNDER ANY LEGAL THEORY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE). TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEITHER WE NOR OUR LICENSORS WILL BE LIABLE TO YOU FOR AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF $100 USD OR THE AMOUNTS PAID BY YOU TO US IN THE PAST THREE MONTHS. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY FOR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. YOUR SOLE REMEDY IF YOU ARE DISSATISFIED WITH THE WEBSITE IS TO DISCONTINUE YOUR USE THEREOF.
Release and Indemnity. You will release, defend, indemnify, and hold us, our past, present, and future affiliates, licensors, licensees, marketing partners, and suppliers, together with their respective officers, directors, employees, and agents, harmless from and against any damages, losses, claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from your use of the Website, your User Submissions, your violation of these Terms, or any claims arising from transactions or relationships between you and other users of the Website. We may opt to defend such claims at our sole discretion, in which case you will indemnify us for the costs of such defense. California residents hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.”
Termination and Changes. We reserve the right to modify or discontinue, temporarily or permanently, the Website (or any part thereof) without notice. We may terminate or suspend your account at any time, without liability to you. Your right to use the Website will automatically terminate if you breach these Terms. You may stop using the Website at any time; to delete your account please contact us as set forth at the end of these Terms. Termination will not relieve either party from any obligations incurred or arising prior to such termination (including your payment of applicable subscription fees), and those sections of these Terms which are by their nature intended to survive termination (including, without limitation, the disclaimers, limitation of liability, indemnity, and general clauses) shall so survive.
DISPUTE RESOLUTION; MANDATORY ARBITRATION; WAIVER OF JURY TRIAL AND CLASS ACTION. THESE TERMS ARE GOVERNED BY AND WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO THE CONFLICTS OF LAWS PROVISIONS THEREOF. THE PARTIES AGREE THAT ANY DISPUTES ARISING IN CONNECTION WITH THE WEBSITE OR THESE TERMS WILL BE EXCLUSIVELY RESOLVED IN BINDING ARBITRATION USING THE DISPUTE RESOLUTION PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION LOCATED IN NEW YORK, NEW YORK. NOTWITHSTANDING THE FOREGOING OBLIGATION TO ARBITRATE DISPUTES, EACH PARTY SHALL HAVE THE RIGHT TO PURSUE INJUNCTIVE OR OTHER EQUITABLE RELIEF AT ANY TIME, FROM ANY COURT OF COMPETENT JURISDICTION. THE PARTIES HERETO EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE IN CLASS-ACTION PROCEEDINGS.
Force Majeure. We will not be responsible or liable for any delays or failures to perform due to causes beyond our reasonable control, which may include natural disasters, terrorist attacks, criminal activity, failure of internet or communications networks, health emergencies including pandemics or similar serious outbreaks of disease, or other force majeure events.
Contacting Us. If you have any questions or comments about these Terms or the Website, please do not hesitate to contact us by email at info@capitalallocators.com
