I. General
Your access to and use of this site is subject to the following Legal Terms. Please
read these Legal Terms carefully before accessing or using the site, so
that you fully understand your rights and responsibilities. BY ACCESSING
OR USING THE SITE, YOU SIGNIFY YOUR AGREEMENT WITH THESE LEGAL TERMS.
CMC RESERVES THE RIGHT TO CHANGE THESE LEGAL TERMS AT ANY TIME. IF WE DECIDE TO CHANGE
THE LEGAL TERMS, WE WILL POST ANY CHANGES ON THIS WEBSITE. ANY SUCH CHANGES
SHALL BE EFFECTIVE UPON POSTING ON THE WEBSITE. BY ACCESSING THE SITE FOLLOWING
THE POSTING OF CHANGES TO THE LEGAL TERMS, YOU AGREE TO ALL SUCH CHANGES.
These Legal Terms are agreed to by and between you and Capital Market Consultants, LLC ("CMC").
In consideration of your use of and access to this web site, and the promises
and obligations in these Legal Terms, and intending to be legally bound, you
and CMC hereby agree to all of the terms and conditions of these Legal Terms.
These Legal Terms describe the terms and conditions under which CMC welcomes
you to this site. Please read the Legal Terms carefully so that you fully
understand your rights and responsibilities.
II. CMC Intellectual Property Rights
Copyright 2002 CMC, LLC. All rights reserved.
All copyrightable text, audio, video, graphics, charts, photographs and icons, design, selection,
and arrangement of content in any medium on this site is copyrighted by
CMC, unless otherwise noted. The distinctive and original layout and presentation
of this site also constitutes protectable trade dress under applicable
federal law. In addition, many registered and unregistered marks may appear
throughout this site and they are the sole property of CMC. This site
may also contain references to third-party marks, which are the property
of their respective owners. If you have any questions regarding a specific
mark or any other CMC intellectual property, please contact CMC at info@cmarkc.com.
Any unauthorized use of any of CMC's marks, or of its copyrighted material
or trade dress or any other intellectual property, is strictly prohibited,
and will be prosecuted to the fullest extent that the law provides.
III. Use of This Site
Permission is granted to download this site's content and to print a single hard
copy for the User's use only. You may not otherwise use, copy, modify,
distribute, republish or transmit any of the content or materials of this
site without the written permission of CMC.
You understand and expressly agree that use of this site is at your own risk, that any material
or data downloaded or otherwise obtained through the use of the site or by
virtue of interaction with other Users is at your own discretion and risk,
and that you are solely responsible for any damage to your computer system
or loss of data that results from the download of such material or data, and
for any other form of damage that may be incurred. CMC SHALL NOT BE LIABLE
TO USERS FOR ANY DAMAGE RESULTING FROM USE OF THE SITE, NOR IS CMC IN ANY
WAY RESPONSIBLE FOR THE CONDUCT OF USERS, OR INFORMATION EXCHANGED ON THE
SITE.
Although CMC endeavors to provide accurate information, this site is intended to be for
general reference purposes only. CMC makes no guarantees with respect to any
information provided on the site.
IV. No Warranty
USER EXPRESSLY UNDERSTANDS AND AGREES THAT CMC SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE
(DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR
OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE, OR
RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, REGARDLESS
OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF CMC HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
THIS LIMITATION IS SUBJECT TO THE PROVISIONS OF ANY APPLICABLE LAW THAT MAY RESTRICT ITS SCOPE.
V. No Liability
In no event shall CMC or any of its affiliates, officers, directors, employees, consultants
or agents be liable for any direct, indirect, punitive, special, incidental,
or consequential damages or any damages whatsoever, including, without limitation,
damages for loss of use, data, information, profits or business interruption,
arising out of or in any way related to the use or performance of this web
site or any linked site, to any information or products or anything else obtained
through this site, or otherwise arising out of the use of this site, or to
the inability to use the site, whether based in tort, contract, negligence,
strict liability or otherwise, even if CMC has been advised of the possibility
of damages. Your sole and exclusive remedy is to discontinue using this web
site.
VI. CMC Indemnified
You agree to indemnify, defend and hold harmless CMC, its affiliates, officers,
directors, employees, consultants and agents from any and all losses,
expenses, third-party claims, liability, damages and costs (including,
but not limited to, attorneys' fees) arising from your use of the site
or the violation of these Legal Terms, including without limitation, your
infringement, or infringement by any other Users of your account, of any
intellectual property or other right or policy of any person or CMC.
VII. Privacy Policy
Please click on the following link and carefully review the Privacy Policy for this site: http://www.cmarkc.com/privatepolicy.php. By your access or use
of this site, you hereby agree to the terms of this Privacy Policy, which
are incorporated into these Legal Terms by reference.
VIII. Advertisements and Other Sites
The http://www.cmarkc.com/ website may contain links to third party websites that are not under the
control of CMC. CMC makes no representations whatsoever about any other
website to which User may have access through the CMC website. When User
accesses a third party website, User does so at its own risk and acknowledges
that CMC is not responsible or liable for any content, advertising, products
or other materials available from such third party sites. User also agrees
that CMC shall not be liable for any loss or damage of any sort incurred
as the result of using any third party's website. Mention of third party
companies and websites on the CMC website is for informational purposes
only and does not constitute an endorsement or recommendation.
IX. Agreement to Legal Terms; Changes
BY YOUR ACCESS OR USE OF THIS SITE, YOU HEREBY AGREE TO THESE LEGAL TERMS. These Legal
Terms constitute the entire agreement between the parties with respect
to the subject matter contained in the Legal Terms and supersede and replace
all prior or contemporaneous understandings or agreements, written or
oral, regarding such subject matter. Any waiver of any provision of these
Legal Terms will be effective only if in writing and signed by CMC. These
Legal Terms will inure to the benefit of CMC's successors, assigns and
licensees.
X. Interpretation and Disputes
These Legal Terms are governed by the laws of the United States and the State of Wisconsin,
without regard to any conflict of laws provisions. All disputes under this
Agreement, that cannot be resolved by the parties shall be submitted to arbitration
in Milwaukee County, Wisconsin under the rules and regulations of the American
Arbitration Association. Either party may invoke this paragraph after providing
30 days written notice to the other party. The dispute(s) arising under this
Agreement shall be decided by a panel of three arbitrators with each party
hereto selecting one arbitrator and the two selected arbitrators to chose
the third arbitrator. An arbitrator sitting in any arbitration arising hereunder
shall not have the authority or power to modify or alter any express condition
or provision of this Agreement or to render any award which by its terms has
the effect of altering or modifying any express condition or provisions hereof.
All costs of arbitration shall be divided equally between the parties. Any
award may be enforced by a court of law. User agrees that, regardless of any
statute or law to the contrary, any dispute arising out of or relating to
this Agreement must be filed within one (1) year after such claim or cause
of action arises or will be forever barred.
XI. Contacting us
If you have any other questions or concerns regarding these Legal Terms, please contact us
via e-mail at info@cmarkc.com.
