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Terms of Use
Please read these terms and conditions carefully. By accessing
this website and any pages hereof, you are indicating that
you have read, acknowledge and assent to be bound by these
terms and conditions. If you do not agree to these terms and
conditions, do not access this website. MyCapital.com reserves
the right to change these terms and conditions and you are
responsible for regularly reviewing these terms and conditions.
Your continued use of this website constitutes your agreement
to all such terms and conditions. As used herein, MyCapital.com
means MyCapital.com and its affiliates.
General Information
This website comprises various websites and pages operated
by MyCapital.com (collectively, the "website").
Certain sections of or pages on this website may contain separate
terms and conditions, which are in addition to these terms
and conditions. You should read those additional terms and
conditions carefully. By accessing such sections or pages,
you agree to be bound by those additional terms and conditions.
In the event of a conflict, those additional terms and conditions
will govern for your use of those sections or pages.
Unauthorized use of MyCapital.com's website and systems,
including, but not limited to, unauthorized entry into MyCapital.com's
systems, misuse of passwords or misuse of any other information,
is strictly prohibited. You may not use this website in any
manner that could damage, disable, overburden, or impair any
MyCapital.com site or service or interfere with any other
party's use and enjoyment of any MyCapital.com site or service.
You may not attempt to gain unauthorized access to any MyCapital.com
site or service, computer systems or networks connected to
any MyCapital.com site or service, through hacking, password
mining or any other means. You agree that you will not engage
in any activities related to this website that are contrary
to applicable laws or regulations.
The information and materials on this website may contain
typographical errors or inaccuracies. MyCapital.com reserves
the right, in its sole discretion, without any obligation
and without any notice requirement, to change, improve or
correct the information, materials and descriptions on this
website and to suspend and/or deny access to this website
for scheduled or unscheduled maintenance, upgrades, improvements
or corrections. Any dated information is published as of its
date only, and MyCapital.com does not undertake any obligation
or responsibility to update or amend any such information.
MyCapital.com may discontinue or change any product or service
described in or offered on this website at any time.
Disclaimer of Warranty and Limitation of Liability
The information, products and services on this website are
provided on an "AS IS," "WHERE IS" and
"WHERE AVAILABLE" basis. MyCapital.com does not
warrant the information or services provided herein or your
use of this website generally, either expressly or impliedly,
for any particular purpose and expressly disclaims any implied
warranties, including but not limited to, warranties of title,
non-infringement, merchantability or fitness for a particular
purpose. MyCapital.com will not be responsible for any loss
or damage that could result from interception by third parties
of any information or services made available to you via this
website. Although the information provided to you on this
website is obtained or compiled from sources we believe to
be reliable, MyCapital.com cannot and does not guarantee the
accuracy, validity, timeliness or completeness of any information
or data made available to you for any particular purpose.
Neither MyCapital.com, nor any of its affiliates, directors,
officers or employees, nor any third-party vendor, will be
liable or have any responsibility of any kind for any loss
or damage that you incur in the event of any failure or interruption
of this website, or resulting from the act or omission of
any other party involved in making this website, the data
contained herein or the products or services offered on this
website available to you, or from any other cause relating
to your access to, inability to access, or use of the website
or these materials, whether or not the circumstances giving
rise to such cause may have been within the control of MyCapital.com
or of any vendor providing software or services. In no event
will MyCapital.com or any such parties be liable to you for
any direct, special, indirect, consequential or incidental
damages or any other damages of any kind even if MyCapital.com
or any other such party has been advised of the possibility
thereof. This limitation on liability includes, but is not
limited to, the transmission of any viruses which may infect
a user's equipment, failure of mechanical or electronic equipment
or communication lines, telephone or other interconnect problems
(e.g., you cannot access your Internet service provider),
unauthorized access, theft, operator errors, strikes or other
labor problems or any force majeure. MyCapital.com cannot
and does not guarantee continuous, uninterrupted or secure
access to the website.
Proprietary Rights
All right, title and interest in this website and any content
contained herein is the exclusive property of MyCapital.com,
except as otherwise stated. Unless otherwise specified, this
website is for your personal and non-commercial use only.
You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, frame, create derivative works
from, transfer, or otherwise use in whole or in part any information,
software, products or services obtained from this website,
except for the purposes expressly provided herein, without
MyCapital.com's prior written approval. If you download any
information or software from this website, you agree that
you will not remove or obscure any copyright or other notices
or legends contained in any such information.
MyCapital.com, the MyCapital.com logo and other MyCapital.com
trademarks and service marks referenced herein are trademarks
and service marks of MyCapital.com. The names of other actual
companies and third-party products or services mentioned herein
may be the trademarks or service marks of their respective
owners. You are prohibited from using any marks for any purpose
including, but not limited to use as metatags on other pages
or sites on the World Wide Web without the written permission
of MyCapital.com or such third party which may own the marks.
Use of Links
This website may contain links to and be linked from third-party
websites. These links are provided only as a convenience.
The inclusion of any link is not and does not imply an affiliation,
sponsorship, endorsement, approval, investigation, verification
or monitoring by MyCapital.com of any information contained
in any third-party website. In no event shall we be responsible
for the information contained on that site or your use of
or inability to use such site. You should also be aware that
the terms and conditions of such site and the site's privacy
policy may be different from those applicable to your use
of this website.
Securities Products
None of the information contained in this website constitutes
a solicitation or offer by MyCapital.com or its affiliates
to buy or sell any securities, futures, options or other financial
instruments or provide any investment advice or service. Prior
to the execution of any transaction by you involving information
you received from this website, you should consult your business
advisor, attorney, and tax and accounting advisors with respect
to the price, suitability, value or other aspects of any stock,
mutual fund, security or other investment. Pricing and other
information generated through the use of data or services
made available herein may not reflect actual prices or values
that would be available in the market at the time provided
or at the time that the user may want to purchase or sell
a particular security or other instrument. The information
and services provided on this website are not provided to
and may not be used by any person or entity in any jurisdiction
where the provision or use thereof would be contrary to applicable
laws, rules or regulations of any governmental authority or
regulatory or self-regulatory organization or clearing organization
or where MyCapital.com is not authorized to provide such information
or services. Some products and services described in this
website may not be available in all jurisdictions or to all
clients.
Choice of Law
This agreement shall be governed by and construed in accordance
with the laws of the state of California, without regard to
conflicts of laws provisions. Sole and exclusive jurisdiction
for any action or proceeding arising out of or related to
this agreement shall be in an appropriate state or federal
court located in the County of California, State of California
and the parties unconditionally waive their respective rights
to a jury trial. Any cause of action you may have with respect
to your use of this site must be commenced within one (1)
year after the claim or cause of action arises. If for any
reason a court of competent jurisdiction finds any provision
of this agreement, or a portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible
so as to effect the intent of this agreement, and the remainder
of this agreement shall continue in full force and effect.
This agreement constitutes the entire agreement between MyCapital.com
and you with respect to this site and it supersedes all prior
or contemporaneous communications, agreements and understandings
between MyCapital.com and you with respect to the subject
matter hereof. A printed version of this agreement shall be
admissible in judicial or administrative proceedings.
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