RCG
USER AGREEMENT
By accessing or using this RCG Capital Advisors, LLC and RCG Capital Partners,
LLC (collectively "RCG") Internet web site (the "Site")
you hereby accept and agree to comply with the terms and conditions set
forth in this User Agreement (this "User Agreement"), and you
shall be considered a "User." This User Agreement is entered
into by and between you and RCG, and governs your access and use of the
Site and the products and services available on and via the Site.
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE. YOUR
USE OF THE SITE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE
BY THIS USER AGREEMENT IN ITS THEN-CURRENT FORM. IF YOU DO NOT ACCEPT
THE TERMS AND CONDITIONS STATED HEREIN, DO NOT USE THE SITE.
1. General Provisions. RCG hereby grants you a revocable,
nontransferable, nonexclusive right to use the Site solely in accordance
with this User Agreement. The foregoing license has been granted to you
subject to your agreement to abide by this User Agreement as well as any
other rules, procedures, policies, terms or conditions governing the Site
that may be displayed from time to time on the Site and to which Users
will be bound. The information accessible on and via the Site is the property
of RCG and/or third parties, and is protected by copyright and other intellectual
property and proprietary rights. Without limiting the foregoing or expanding
any of your rights hereunder, you agree that you will not publish, broadcast,
retransmit, reproduce, commercially exploit, create any derivative of
or otherwise disseminate such information, the Site or any portion of
the Site.
You may not use the Site to transmit, distribute or store material (a)
in violation of any applicable law or regulation, (b) in a manner that
will infringe the copyright, trademark, trade secret or other intellectual
property right of another or violate the privacy, publicity or other personal
right of another, or (c) that is defamatory, obscene, threatening, abusive
or hateful. You are prohibited from violating or attempting to violate
the security of the Site.
2. Passwords and Security. You may not access any password-protected
portion of the Site unless you received a password from and are authorized
by RCG. You are solely responsible for any use of or action taken under
your password on the Site. You are solely responsible for maintaining
the confidentiality and security of your password, and you hereby agree
not to disclose your password to any third party (other than your qualified
legal, tax or financial advisor). You accept full responsibility for all
activity conducted through your account and agree to and hereby release
RCG from any and all liability concerning such activity. You agree to
notify RCG immediately of any actual or suspected loss, theft or unauthorized
use of your password. RCG has no obligation to inquire as to the authority
or propriety of any use of or action taken under your password and will
not be responsible for any loss to you arising from any such use or action
or from your failure to comply with the above. RCG will take reasonable
security precautions when using the Internet, telephone or other means
to transport data or other communications, but expressly disclaims any
and all liability for the accessing of any such data or communications
by unauthorized persons or entities.
3. Investigation and Disclosure of Information. RCG has
the right, but not the obligation, to monitor any activity and content
associated with the Site. RCG may investigate any complaint or reported
violation of its policies and take any action that it deems appropriate.
Such action may include, but is not limited to, issuing warnings, suspending
or terminating your use of all or any portion of the Site and denying
you access to all or any portion of the Site. RCG also reserves the right
to report any activity that it suspects may violate any law or regulation
to appropriate law enforcement officials, regulators, or other persons
or entities. In order to cooperate with governmental requests, to protect
RCG’s systems and Users, to ensure the integrity and operation of
the Site, business or systems, or otherwise to comply with the law and
legal process, RCG may access and disclose any information it considers
necessary or appropriate.
4. Ownership. The Site, its content and any and all intellectual
property rights pertaining thereto (including but not limited to copyrights,
patents, trademarks and service marks) are owned by RCG or third parties,
and all right, title and interest therein and thereto shall remain the
property of RCG and/or its licensors, successors or other third parties.
You agree not to remove any copyright, trademark or other proprietary
notice or legend contained on the Site or its content (or printed copies
thereof). RCG and other names and indicia of RCG's products and/or services
referenced herein are exclusive trademarks and service marks of RCG. Other
product and company names and trademarks appearing in the Site are the
trademarks of their respective owners.
5. Termination. RCG reserves the right to reject your
registration or suspend or terminate your access to and use of all or
any portion of the Site at any time and for any reason, in its sole discretion.
The User Agreement will continue to apply to your past use of the Site
in the form in which it then existed at the time of the subject use. Termination
of your access to and use of the Site shall not relieve you of any obligations
arising or accruing prior to such termination or limit any liability that
you otherwise may have to RCG.
6. No Advice, Offers or Solicitations. You acknowledge
that the information contained on the Site is not and should not be construed
as legal, tax, accounting or investment advice (including any advice concerning
the suitability or profitability of any security or investment). You acknowledge
that the information contained on the Site (unless explicitly stated otherwise)
is not and should not be construed as an offer or solicitation of any
kind to buy or sell any securities or other financial instruments. USERS
SHOULD CONSULT WITH, AND SEEK PROFESSIONAL ADVICE FROM, THEIR OWN ATTORNEYS,
ACCOUNTANTS AND FINANCIAL ADVISORS WITH RESPECT TO THEIR INDIVIDUAL CIRCUMSTANCES
AND NEEDS.
7. No Recommendations of Individual Securities. You acknowledge
that the information contained on the Site is not and should not be construed
as advice or recommendations regarding individual securities including
advice or recommendations concerning the suitability of, and investment
strategies for, individual securities. Research, analysis, news and other
information made available electronically do not constitute individualized
recommendations to buy, sell or otherwise invest in a particular security.
You are solely responsible for determining the nature, value and suitability
of individual securities and you alone bear the risk of all transactions
entered through your account.
8. Past Performance. Past performance is no indication of future performance,
and nothing on this Web site should be interpreted to state or imply otherwise.
9. Disclaimer of Warranties. THE SITE AND ALL INFORMATION
AVAILABLE ON OR VIA THE SITE ARE PROVIDED "AS IS" AND "AS
AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY,
RELIABILITY, ACCURACY, COMPLETENESS, TIMELINESS OR SEQUENCING OF THE SITE
OR THE INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR VIA THE SITE;
AND (2) ANY WARRANTIES OF TITLE OR EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY AND PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, THIS
DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT,
DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF,
OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
10. Limitation of Liability. IN NO EVENT SHALL RCG OR ANY OF ITS AFFILIATES
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, BUSINESS
OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS USER AGREEMENT,
THE SITE, THE INABILITY TO USE THE SITE OR ANY PRODUCTS, SERVICES OR INFORMATION
PURCHASED, OBTAINED OR STORED IN OR FROM THE SITE, OR TRANSACTIONS ENTERED
INTO VIA THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR
OTHERWISE, EVEN IF RCG OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL
PURPOSE OF ANY REMEDY. IN NO EVENT SHALL THE LIABILITY OF RCG OR OF ANY
RCG AFFILIATE IN ANY CIRCUMSTANCE EXCEED $100. WITHOUT LIMITING THE FOREGOING
PROVISIONS OF THIS PARAGRAPH, THESE LIMITATIONS ALSO APPLY TO ANY THIRD
PARTY CLAIMS AGAINST USERS.
11. Indemnity. You agree to indemnify, defend and hold
harmless RCG and its affiliates from and against any and all suits, losses,
claims, demands, liabilities, damages, costs and expenses (including reasonable
attorneys' fees) arising from or relating to (i) your use of the Site;
(ii) your breach of this User Agreement or any representation, warranty
or covenant made by you herein; or (iii) your violation of any applicable
law, statute, ordinance, regulation or any third party's rights. This
obligation survives the termination of this User Agreement.
12. Modifications. RCG may modify the terms of this User
Agreement or any of the policies or guidelines governing the Site, at
any time and in its sole discretion, by posting the modified User Agreement
on the Site. The modifications shall be effective upon such posting (unless
some other date is specified in the posting, in which case that date shall
be deemed the effective date for the modifications). You agree to review
this User Agreement periodically so that you are aware of any modifications.
Your use of the Site indicates your full acceptance of the User Agreement
in its then-current each time you use the Site. You agree that the notice
provisions provided in this User Agreement are reasonable. You may not
modify the terms of this User Agreement or any of the policies or guidelines
governing the Site without RCG's express prior written consent.
13. Privacy. Information that we gather from you via your
use of the Site is governed by our Privacy Policy.
14. Applicable Law. This User Agreement and all terms
and conditions included or incorporated by reference herein shall be governed
by and interpreted in accordance with the laws of the State of Colorado
applicable to agreements made and wholly performed therein. You hereby
consent to the exclusive jurisdiction of the District Court of Boulder County, Boulder Colorado in all disputes arising from or relating to this User Agreement
or your access to or use of the Site. You hereby waive any objection to
venue or inconvenient forum laid therein.
RCG makes no claim that the Site may be lawfully viewed or downloaded
outside of the United States. Access to the materials may not be legal
by certain persons or in certain countries. If you access the Site from
outside of the United States, you do so at your own risk and you are responsible
for compliance with the laws of your jurisdiction.
15. Entire Agreement. This User Agreement (including the
Privacy Policy), as modified from time to time, constitutes the entire
agreement between you and RCG with respect to the subject matter hereof.
This User Agreement replaces all prior or contemporaneous understandings
or agreements, written or oral, regarding the subject matter hereof.
16. Joint Venture. Nothing in this User Agreement shall
constitute or create a joint venture, partnership, or any other similar
arrangement between you and RCG. Neither party is authorized to act as
agent or bind the other party except as expressly stated in this User
Agreement.
17. Assignability. This User Agreement will be binding
on and will inure to the benefit of the legal representatives, successors
and assigns of the parties hereto. RCG may assign this User Agreement
in whole or in part at any time without your consent. You may not assign
this User Agreement or delegate any of your obligations hereunder. Any
purported assignment of this User Agreement in violation of its terms
shall be void.
18. Notice to RCG. Any notice to RCG that is required
or permitted by this User Agreement shall be in writing and shall be deemed
effective upon receipt, when sent by confirmed e-mail to kphillips@rcgcapital.com
or when delivered in person or mailed by first class, registered or certified
mail, postage prepaid, to RCG Capital Advisors, LLC, 1301Canyon Boulevard, Suite 226; Boulder, Colorado USA 80302.
19. No Waiver of Rights. No failure of either party to
enforce any of its rights under this User Agreement will act as a waiver
of such rights.
20. Enforceability. If any portion of any provision of this User Agreement
is found invalid or unenforceable, that provision shall be enforced to
the maximum extent possible and the remaining provisions of this User
Agreement shall remain in full force and effect.
21. Headings. Headings used in this User Agreement are
for convenience only. They do not constitute part of this User
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