PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND, TOGETHER WITH ALL THE OTHER TERMS AND CONDITIONS REFERRED TO BELOW, FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR SITES.
IF, FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OF OUR TERMS, PLEASE IMMEDIATELY DISCONTINUE USING OR ATTEMPTING TO USE OF OUR SITES, BECAUSE IF YOU CONTINUE, YOU WILL BE AGREEING TO ALL THE TERMS DESCRIBED OR REFERRED TO BELOW.
Trademarks, Copyright & Database Rights. Copyright in the content of each Site (including without limitation all images, illustrations, designs, icons, photographs, video clips, trademarks, service marks, the “look” and “feel”, color combinations, button shapes, layout, design, graphical elements, arrangement of items, written and other materials that appear on this Site, HTML and other code and all copyrightable or otherwise legally protectable elements on our Sites) and all database rights in each Site (collectively, the “Content”) are owned by US First Capital or its licensors and are legally protected under intellectual property laws. The modification, copying, distribution or incorporation into any other work of part or all of any Site or its Content in any form is prohibited except that you may print or download extracts for your non-commercial, informational and personal use only. All rights are reserved.
All product names, names of services, trademarks and service marks (“Marks”) are the property of US First Capital, or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms and Conditions.
Links. There may be links that make it easier for you to connect to third party websites or that will let you access any of our Sites from third party websites. Linked third party websites are not under the control of US First Capital and US First Capital is not responsible for the contents of any linked third party website or any link contained in such a linked website. Existence of links to other third party websites is not an endorsement by US First Capital in favor of such website or the products or services contained in any third party website. If you choose to access a third party website linked on any of our Sites you do so entirely at your own risk. Concerns regarding services or resources or links to third party websites should be directed to the provider of the outside service or resource. You are permitted to link to our homepagewww.usfirstcapital.com without prior consent. US First Capital at all times reserves the irrevocable right to rescind consent for any link to any of our Sites and to take any legal action it deems appropriate.
Acceptable use. We grant you a limited license and right to use the Content of our Sites solely in connection with your direct personal, non-commercial use. Unauthorized or prohibited use of Content may subject you to civil or criminal liability. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) any of our Sites for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. You may not do the following in connection with use of any of our Sites:
Indemnification. You agree to defend US First Capital against all claims, demands, or actions arising from or incurred as a result of your breach of these Terms and Conditions (“Claim”) and you shall indemnify and hold us harmless from and against any expenses, losses, damages and costs (including but not limited to reasonable legal costs and disbursements) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us, at our request, in the defense of any such Claim.
Termination. Our Terms and Conditions are effective unless and until terminated by either you or US First Capital. You may terminate your acceptance of your agreement with us by discontinuing any further use of our Sites. US First Capital may also terminate, discontinue or suspend our Terms and Conditions and any of our Sites at any time and may do so immediately without notice, and accordingly we may deny you access to any Site for any reason or no reason. Upon any termination of these Terms and Conditions by either you or us, you must promptly destroy all materials downloaded from any Site, as well as copies of such materials, whether made under the terms of this agreement or otherwise.
Severance & Waiver. If any provision of our Terms and Conditions is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of our Terms and Conditions, which shall remain in full force and effect. No waiver of any term of our Terms and Conditions shall be deemed a continuing waiver of such term or any other term.
Third Party Rights. Nothing in our Terms and Conditions is intended to confer on any third party (whether referred to in our Terms and Conditions by name, class, description or otherwise) any benefit or any right (under the Contracts (Rights of Third Parties) Act 1999 UK or otherwise) to enforce any provision of our Terms and Conditions or any agreement entered into in connection with it.
No Attorney-Client Relationship. Each Site is presented for informational purposes only. Your use of any of our Sites does not create an attorney-client relationship with US First Capital, nor does such use constitute the receipt of legal advice from US First Capital. A detailed confidential discussion of your specific circumstance with an attorney(s) of the firm is an integral and necessary component of becoming a client of US First Capital. No user of any of our Sites, whether or not the user is an existing client of US First Capital, should act or refrain from acting based on the content of any of our Sites without seeking appropriate legal counsel from a properly licensed attorney. Although the information contained in each Site is not intended to be advertising, some material may be considered advertising under the professional rules of conduct in some states. US First Capital is unable to represent a client that may come to the firm for legal assistance from a jurisdiction where the material provided on the relevant Site does not comply with local state ethics rules, if that client came to us directly as a result of material they viewed on such Site.
Site Content; Disclaimer And Limitation Of Liability. OUR SITES AND ALL CONTENT ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY RELATING TO TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE OUR SITES OR CONTENT WILL BE AVAILABLE FOR USE OR THAT ALL CONTENT WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY SITE OR CONTENT IS ACCURATE, COMPLETE, ERROR FREE. ALTHOUGH REED SMITH ENDEAVORS TO ENSURE THAT THE CONTENT OF EACH SITE IS ACCURATE AND UP TO DATE (EVEN THOUGH IT IS UNDER NO OBLIGATION TO DO SO), USERS SHOULD SEEK APPROPRIATE LEGAL ADVICE BEFORE TAKING OR REFRAINING FROM TAKING ANY ACTION BASED ON INFORMATION PROVIDED VIA SUCH SITE. THE CONTENTS OF EACH SITE SHOULD NOT BE CONSTRUED AS LEGAL ADVICE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR EQUIPMENT, PROGRAMS AND INFORMATION AND BY USING ANY OF OUR SITES YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH USE OF OUR SITES.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR ANY LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FORM OUR SITES, CONTENT, ANY ACTION TAKEN (OR NOT TAKEN) AS A RESULT OF OUR SITE OR CONTENT OR OUR TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF CLAIM AND WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THE FOREGOING PARAGRAPHS DO NOT ATTEMPT TO AFFECT ANY OF YOUR STATUTORY RIGHTS AS A CONSUMER OR OTHERWISE UNDER THE APPLICABLE LAW OF THE RELEVANT JURISDICTION. TO THE EXTENT THAT THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY ARE EXPRESSLY PROHIBITED BY LAW THOSE PARTS OF THE CLAUSES THAT ARE PROHIBITED WILL NOT APPLY. THE REMAINING TERMS AND CLAUSES WILL CONTINUE TO APPLY. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM EXCLUSIONS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED U.S. DOLLARS ($100).
Miscellaneous. Our Terms and Conditions can not be modified except as described herein or in a written amendment signed by an authorized representative of ours. No electronic or digital communication of any kind is to be construed as a ‘writing’ for purposes of amending or modifying our Terms and Conditions or the rights or obligations of the parties hereunder. Any provision which must survive any termination of your agreement with us in order to allow us to enforce its meaning shall survive. You may not make or initiate any claim, demand or action against us, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
Further Information. Questions regarding these Terms and Conditions or notifications of any errors should be directed to the Privacy Administrator at US First Capital, email at email@example.com, or by mail in the United Kingdom to Green House Park, 15 Stratton Street, Mayfair, London W1J 8LQ or, in the United States to 14 Wall Street, 20th Floor, New York, NY 10005.
©2015 US First Capital, LLC. A Limited Liability Company formed in the State of Delaware.