By accessing or using this Channel Dynamics LLC (the "Firm") web site (the "Site"), you hereby accept and agree to comply with the terms and conditions set forth here. These Terms of Use are a binding agreement between you and the Firm, and govern your access to and use of the Site, which includes any text, graphics, user interfaces, visual interfaces, information, data, tools, products, services and other content (together, "Content"), including but not limited to the design, structure, selection, coordination, expression and arrangement of the Content available on or through the Site. The Firm reserves the right to change the terms and conditions under which this Site is offered without notice at any time. Content does not include any information you submit through the Site, except for User IDs and Passwords that may be provided by the Firm.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. EACH TIME YOU USE THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THESE TERMS OF USE IN ITS THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THESE TERMS OF USE, YOU MAY NOT USE OR ACCESS THE SITE.
1. The Firm grants you a limited right to use the Site.
Your right to use the Site is subject to your agreement to abide by these Terms of Use, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site.
You agree to use the Site for its intended purpose and in accordance with this Agreement, applicable laws, and government regulations.
You agree not to take any action that would be unlawful, prohibited, detrimental, or abusive to the Site and/or other Users.
You agree not to use the Site for any illegal purpose or in any manner inconsistent with this Agreement, and will not delete or attempt to delete any content.
You agree not to upload, post, transmit, share, store or otherwise make available on the Site any Content that could be deemed disinformation or is fake, harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable, offensive, or violates any applicable laws.
At any time and for any reason the Firm may revoke your right to use all or any portion of the Site.
You may not violate or attempt to violate the security of the Site at any time.
2. The Site is owned by the Firm and/or third parties.
The Site was developed, compiled, prepared, selected and arranged by the Firm.
The Site is protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by the Firm and/or third parties and you will, through use of the Site, gain no ownership rights in any such intellectual property or proprietary rights.
You will make no use of trade names, trademarks or service marks of the Firm or other Content providers in any manner that creates the impression that you own or are licensed to make such use. You may not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Site.
You agree to respect and protect the proprietary rights of the Firm in the Site during and after the time you use the Site and shall promptly notify the Firm if you become aware of any infringement of these rights.
You may not publish, broadcast, retransmit, reproduce, repackage, scrape, frame, commercially exploit, create any derivative of or otherwise re-sell, license, transmit or redistribute all or any portion of the Site except as explicitly permitted in this Terms of Use.
You may not decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site.
You will not use any automated means, including but not limited to, spiders, robots, crawlers, data mining tools, or the like to download, scrape or harvest data from the Site without express written approval from the Firm.
The restrictions in this Section 2 shall survive any termination of these Terms of Use.
3. You make certain representations and warranties regarding your use of the Site.
You represent and warrant that you:
- have full authority and all rights necessary to enter into and fully perform all your obligations pursuant to this Terms of Use;
- have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of these Terms of Use;
- will not use the Site for any illegal purpose or in any manner inconsistent with these Terms of Use; and
- will not delete or attempt to delete any Content.
4. All Content is for informational purposes only.
The Site does not constitute an offer or promise of employment with respect to any employment position provided herein.
Under no circumstances should any material on the Site be used or considered to be an offer to sell or a solicitation of an offer to buy any security or interest in any investment vehicle sponsored or affiliated with the Firm or its affiliates. Nothing on the Site is a recommendation that you purchase, sell or hold any security or other investment. The Firm does not give any advice or make any representations through the Site as to whether any security or investment is suitable to you or will be profitable.
Nothing on the Site is intended to be, and you should not consider anything on the Site to be, investment, accounting, tax or legal advice. If you would like investment, accounting, tax or legal advice, you should consult with your own financial advisors, accountants or attorneys regarding your individual circumstances and needs.
5. The Firm is not liable for any technological problems or any resulting impact.
All or any portion of the Site may be unavailable or may function improperly at any time.
The Firm makes reasonable efforts to avoid technological problems, but at any time the Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines.
The Firm takes reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but disclaims liability for any interception of data or communications.
The Firm makes reasonable efforts to ensure that the Site is secure, but does not guarantee the security of the Site.
The Firm is not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site.
The Firm is not liable for any defects, delays or errors in or resulting from your use of the Site.
While we try to maintain the integrity and security of the Site, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted.
If you become aware of any unauthorized third-party alteration, access or use of the Site, or any other security breach related to your or another's use, you agree to contact us at jt@channel-dynamics.com with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.
6. Disclaimer of warranties.
THE SITE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FIRM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
The Firm does not warrant that the Site or any Content is or will be accurate, complete, current, reliable, or error-free, or that the Site, its servers, or any Content are free of viruses or other harmful components.
No advice or information, whether oral or written, obtained by you from the Firm or through the Site, shall create any warranty not expressly stated in these Terms of Use.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
7. Limitation of liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE FIRM, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE FIRM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE FIRM ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you.
8. Indemnification.
You agree to indemnify, defend, and hold harmless the Firm, its affiliates, and their respective officers, directors, employees, members, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- your access to or use of the Site;
- your violation of these Terms of Use;
- your violation of any applicable law or regulation; or
- your infringement or violation of any intellectual property or other right of any third party.
The Firm 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 the Firm in asserting any available defenses. This provision shall survive any termination of these Terms of Use.
9. The Firm is not responsible for information on any third-party web site referenced in, accessible through or connected by hyperlink to or from the Site.
If you access any third-party web site through the Site or otherwise, you do so at your own risk.
Hyperlinks to or from the Site do not constitute or evidence our endorsement or sponsorship of or affiliation with any linked web site.
10. The Firm will abide by its Privacy Policy.
Personal nonpublic information that the Firm gathers from you will be governed by its Privacy Policy.
11. Governing law and dispute resolution.
These Terms of Use, and any dispute arising out of or relating to them or the Site, shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict-of-laws principles.
Before filing any formal legal claim or court proceeding, you agree to attempt to resolve any dispute informally by contacting Channel Dynamics at CDcompliance@channel-dynamics.com with a written description of the dispute. The parties agree to negotiate in good faith for at least thirty (30) days before initiating any court proceeding.
You agree that any action or proceeding arising out of or relating to these Terms of Use or the Site shall be brought exclusively in the state or federal courts located in Jefferson County, Colorado, and you irrevocably consent to the personal jurisdiction of such courts and waive any objection to venue or forum in those courts.
12. You are bound by certain other general conditions.
The Firm may assign these Terms of Use in whole or in part at any time without your consent. You may not assign these Terms of Use or delegate any of your obligations under these Terms of Use. Any purported assignment of these Terms of Use is a violation of its terms and is void.
If any provision of these Terms of Use is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these Terms of Use shall remain in full force and effect.
These Terms of Use constitutes the entire understanding, and supersede all other understandings, between you and the Firm concerning the subject matter hereof.