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Last Updated: 3/28/2023
Please read these Terms of Service ("Terms") carefully before using Capital Futures ("the Website"), operated by Capital Futures ("us," "we," or "our"). By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Website.
1. Use of the Website
By using the Website, you represent and warrant that you are at least 13 years of age and have the legal capacity to enter into a binding agreement. If you are under 13, you may use the Website only with the permission and supervision of a parent or guardian.
2. Content
All content provided on the Website, including but not limited to text, images, graphics, and logos, is the property of Capital Futures or its content suppliers and is protected by applicable copyright and trademark laws. You may not reproduce, distribute, or create derivative works from any content on the Website without the express written consent of Capital Futures or the appropriate content supplier.
3. User-Generated Content
You may have the ability to post comments, messages, or other content ("User-Generated Content") on the Website. By posting User-Generated Content, you grant Capital Futures a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You represent and warrant that you own or otherwise control all the rights to the User-Generated Content you post, and that the content is accurate, does not violate these Terms, and will not cause injury to any person or entity.
Capital Futures has the right but not the obligation to monitor, edit, or remove any User-Generated Content. We take no responsibility and assume no liability for any User-Generated Content posted by you or any third party.
4. Prohibited Uses
You agree not to use the Website for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Website. You also agree not to use the Website to:
5. Disclaimer of Warranties
The Website is provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Capital Futures does not warrant that the Website will be error-free, uninterrupted, secure, or free of viruses or other harmful components.
6. Limitation of Liability
In no event shall Capital Futures, its officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, goodwill, data, or other intangible losses, resulting from (a) your access to or use of the Website; (b) your inability to access or use the Website; (c) any content obtained from the Website; or (d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
7. Indemnification
You agree to defend, indemnify, and hold harmless Capital Futures, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Website; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right; or (d) any claim that your User-Generated Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Website.
8. Termination
We may terminate or suspend your access to the Website, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Website will immediately cease. All provisions of the Terms which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall survive termination.
9. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Delaware to resolve any dispute or claim arising from these Terms.
10. Changes to the Terms of Service
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Website.
11. Contact Us
If you have any questions about these Terms, please contact us at robert.hockett@gmail.com.
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