 |
|
|
|
|
|
Terms Of Use
|
|
|
|
|
|
|
| Terms and Conditions of Use
The following is a legal agreement between Incapital, LLC (“Incapital”, “we”, “us”, or “our”) and “you”, the user of this Site. For purposes of this agreement, Incapital shall mean Incapital LLC and its affiliates, and their officers, directors, managing directors, partners and employees. By accessing, browsing and/or using this Web site (“Site”), you acknowledge that you have read, understand, and agree to be bound to these terms and conditions of use (“Terms”) and to comply with all applicable laws and regulations. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, do not use this Site.
Your Use of the Site All content included on this Site, such as text, graphics, button icons, images, pictures and software (collectively, the “Materials”) is the property of Incapital or its content suppliers and is protected by U.S. and international copyright laws. The compilation (i.e., the collection, arrangement and assembly) of all content on this Site is the exclusive property of Incapital and is protected by U.S. and international copyright laws. All software used on this Site is the property of Incapital or its software suppliers and is protected by U.S. and international copyright laws and other intellectual property protections.
Incapital hereby grants you a limited license to copy, display, store, analyze, modify, reformat and print the Materials provided by Incapital on this Site solely for your use, subject to these Terms. The design and layout of the Site are specifically excluded from the Materials. No other use of the Site or Materials is authorized. You agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of Incapital or any third party. Your use of the Site is subject to all applicable local, state, national, and international laws and regulations, and you agree not to use the Site for purposes that violate such laws and regulations. In addition, you agree that: (1) you will not interfere with another customer’s use and enjoyment of the Site; (2) you will not transmit or otherwise distribute any message, data, information, text, or other material (“Content”) that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; (3) you will not transmit, or otherwise distribute any viruses or other harmful, disruptive, or destructive files; (4) you will not transmit, or otherwise distribute any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; (5) you will not attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; (6) you will not interfere with or disrupt networks, systems, and/or computers connected to the Site, and you will comply with all regulations, policies, and procedures of such networks and systems; and (7) you will comply with all United States laws regarding the transmission of technical data exported from the United States.
Links to and From Third Party Sites This Site may provide links or references to other sites maintained by third parties. Incapital has no responsibility for the content of these other sites, makes no representations and gives no warranties with respect to any information contained in or at these other sites, and shall not be liable for any damages or injury arising from the content of these other sites. Incapital does not endorse companies or products to which it has provided links. Any links to other sites are provided merely as a convenience to the users of this Site and, if you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk. Incapital reserves the right to terminate any link or linking program at any time.
There may be circumstances where access to this Site is provided by a link located at another Web site. Incapital makes no representations and gives no warranties with respect to any information contained in or at these other sites and Incapital shall not be liable for any damages or injury arising from the content of these other sites. Incapital does not endorse the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to this Site.
Updates to Site Incapital reserves the right to modify this Site and the Materials at any time without prior notice to you. By continuing to use this Site, you agree to be bound by any such modifications.
Warranty Restriction; Limitation Of Liability THE MATERIALS, INFORMATION AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS THEREOF)) OR AGAINST INFRINGEMENT.
INCAPITAL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF INCAPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT INCAPITAL’S AGGREGATE LIABILITY SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500).
No Warranty as to Security Incapital makes no warranty whatsoever to you, express or implied, regarding the security of this Site, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through this Site.
No Solicitation or Recommendation Being Made The Material has been prepared for informational purposes only without regard to any particular user's investment objectives or financial situation, and Incapital is not soliciting any action based upon it. The Material is not to be construed as a recommendation; or an offer to buy or sell; or the solicitation of an offer to buy or sell any financial product or instrument; or to participate in any particular trading strategy in any jurisdiction in which such an offer or solicitation, or trading strategy would be illegal. The fact that Incapital has made the Materials provided on this Site available to you constitutes neither a recommendation that you enter into a particular transaction nor a representation that any product described on this Site is suitable or appropriate for you. Certain transactions give rise to substantial risk and are not suitable for all investors. Although the Material is based upon information that Incapital considers reliable and endeavors to keep current, Incapital has not verified this information and does not represent that this material is accurate, current, or complete and it should not be relied upon as such.
Use of LadderBuilder tool
Incapital Holdings LLC owns, or has the rights to exercise, all rights in the InterNotes LadderBuilder tool. Nothing contained in this agreement grants or confers, nor shall be construed to grant or confer, any rights in the InterNotes LadderBuilder by license or otherwise.
International Use Incapital does not make any representation that Materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.
Indemnification Upon a request by Incapital, you agree to defend, indemnify, and hold harmless Incapital and its affiliates, and their employees, contractors, officers, and directors, from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. Incapital reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Incapital in asserting any available defenses.
Enforcement by Incapital In the event Incapital determines, in its sole discretion, that you have violated these Terms, Incapital shall have the right to immediately terminate your access to the non-public portions of this Site, without prior notice to you, and/or pursue any other remedies available to it under applicable law.
Governing Law This agreement, and the respective rights and obligations of the parties hereto, shall be governed by, and construed in accordance with, the laws of the State of Illinois (excluding any conflict of laws provisions of the State of Illinois that would refer to and apply the substantive laws of another jurisdiction). Any suit or proceeding regarding this Site or any part of the Site shall be brought only in Cook County, Illinois. EACH OF THE PARTIES CONSENTS TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS, STATE AND FEDERAL, LOCATED IN CHICAGO, COOK COUNTY, ILLINOIS.
Updates to Terms Incapital shall have the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.
|
|
|
|
|
|
