Visitor's Agreement
By visiting our Web Site www.capitalgainsinc.com,
you explicitly agree to the Terms and Conditions carefully
below.
Please read the following Terms and Conditions carefully:
Property of Capital Gains Incorporated. The Web Site
www.capitalgainsinc.com is owned and
operated by Capital Gains Incorporated (Capital Gains"
or "We"). Your use of the Web Site is subject to
the Terms and Conditions contained herein. We reserve the
right without prior notice, to make changes to the Terms and
Conditions, to change the Web Site, to terminate access to
the Web Site, or to take other actions we reasonably believe
necessary to comply with the law or to protect our rights
and your rights. We reserve the right to monitor any and all
use of the Web Site. Any access or attempt to access or use
the Web Site for any unauthorized or illegal purpose is strictly
prohibited. Terms and Conditions can be accessed from a link
on our home page. If you visit the Web Site after we post
changes to the Terms and Conditions, you agree to accept the
changes.
Intellectual Property. All information available through
the Web Site is the property of Capital Gains and is protected
by copyright and intellectual property laws. Except as otherwise
identified, the trademarks including names, logos, slogans
and service marks appearing on our Web Site, whether registered
or unregistered, are the property of Capital Gains. You may
not reproduce, retransmit, disseminate, sell, publish, broadcast,
or circulate the information, including names, logos, slogans
and services marks, contained in the Site without our express
written consent. You are entitled to download and use the
information for your private, non-commercial use only.
Content not Guaranteed. The Web Site is provided without
charge as a convenience to our clients and other visitors
to be used for purposes of information, education and communication.
While the information on the Site has been prepared and compiled
from sources believed to be reliable, we do not guarantee
the accuracy, completeness, timeliness, or correct sequencing
of any information on the Site. Nor do we independently verify
or guarantee the accuracy, completeness, timeliness or correct
sequencing of information provided by third parties.
Availability of Services. Some services described
in our Web Site may not be available in your state or country.
Nothing on the Web Site should be considered a solicitation
to buy or an offer to sell any security, advisory or other
service to any person in any jurisdiction in which such offer
or solicitation, purchase or sale, or provision of such services
would be unlawful under the securities or equivalent laws
of such jurisdiction. References to services unavailable in
your state or country do not imply that these services will
be made available to you.
Not Personalized Advice. Nothing on the Site is intended
to be personalized advice. Information provided on the Web
Site is for informational purposes only. We do not intend
for any information to be legal or tax advice. For such advice,
please consult your legal and/or tax advisor. We shall not
have liability for any decision made or action taken by a
visitor in reliance upon information available through the
Site.
Hyperlinks. No person may establish Hyperlinks either
to the Web Site or away from the Web Site without our prior
express written consent, which We may give or withhold in
our sole discretion. Contact us at the address listed below
to obtain this consent. All Hyperlinks approved shall be to
the home page of the Web Site. Framing at the Web Site is
expressly prohibited. We reserve the right to remove a Hyperlinks
to the Web Site or away from the Web Site at any time and
for any reason. Please note that once you leave our Site,
either by using a link or otherwise, we accept no responsibility
for the content, products and/or services provided at these
locations. We do not control, endorse, promote or have any
affiliation with any other Web Site unless expressly stated
on our Site.
Electronic Mail Communications. We do not want you
to, and you should not, send any confidential or proprietary
information to us via the Web Site. You agree that any information
or materials that you or anyone acting on your behalf provides
to us via the Web Site will not be considered confidential
or proprietary. For additional information, please consult
our Privacy Policy, which is incorporated herein.
DISCLAIMERS OF LIABILITY. ALL INFORMATION OBTAINED THROUGH
THE WEB SITE, INCLUDING BUT NOT LIMITED TO GRAPHICS, TEXT
AND LINKS TO OTHER SITES, IS PROVIDED "AS IS" AND
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR USE, OR NON_INFRINGEMENT. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS
EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL CAPITAL GAINS BE LIABLE TO ANY PARTY FOR
ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES
ARISING OUT OF ANY USE OF THE WEB SITE, INCLUDING, WITHOUT
LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTIONS, LOSS
OF PROGRAMS OR DATA ON YOUR EQUIPMENT, OR OTHERWISE, EVEN
IF WE ARE EXPRESSLY ADVISED OF SUCH DAMAGES. IF YOU LIVE IN
A STATE THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS
AGAINST DAMAGES TO YOUR SYSTEMS OR OPERATIONS THAT COULD BE
CAUSED BY DEFECTS OR DEFICIENCIES IN THE WEB SITE, ANY INFORMATION,
SERVICE, SYSTEM. DATABASE OR MATERIAL PROVIDED BY CAPITAL
GAINS, OR PART THEREOF. YOU ALSO ACKNOWLEDGE THAT ELECTRONIC
COMMUNICATIONS AND DATABASES ARE SUBJECT TO ERRORS, TAMPERING
AND BREAK-INS AND THAT WHILE CAPITAL GAINS WILL IMPLEMENT
REASONABLE SECURITY PRECAUTIONS TO ATTEMPT TO PREVENT SUCH
OCCURRENCES, WE DO NOT GUARANTEE THAT SUCH EVENTS WILL NOT
TAKE PLACE .
YOU ALSO ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY POSTING
MADE BY OR FOR YOU TO THE WEB SITE OR ANY INFORMATION, SERVICE,
SYSTEM OR DATABASE ON THE WEB SITE DOES NOT CONTAIN ANY VIRUS
OR OTHER COMPUTER SOFTWARE CODE OR ROUTINE DESIGNED TO DISABLE,
ERASE, IMPAIR OR OTHERWISE DAMAGE THE WEB SITE OR ANY SYSTEM
SOFTWARE OR DATA OF CAPITAL GAINS OR ANY OTHER VISITOR OF
THE INFORMATION, SERVICES, DATABASES, MATERIALS OR SYSTEM
ON THE WEB SITE. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND
HOLD CAPITAL GAINS AND ITS OFFICERS. EMPLOYEES, AGENTS, REPRESENTATIVES,
AND LICENSORS HARMLESS FROM ANY LIABILITY, CLAIM, COST OR
DAMAGE ARISING OUT OF ANY CLAIM OR SUIT BY ANY SUCH VISITOR
CAUSED BY SUCH VIRUS OR CODE OR SUBROUTINE.
NEITHER CAPITAL GAINS NOR ITS OFFICERS, EMPLOYEES, AGENTS
OR REPRESENTATIVES SHALL HAVE ANY LIABILITY, CONTINGENT OR
OTHERWISE, FOR THE ACCURACY, COMPLETENESS, TIMELINESS OR CORRECT
SEQUENCING OF THE INFORMATION ON THE WEB SITE OR FOR ANY DECISION
MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION
ON THE WEB SITE OR FOR INTERRUPTION OF ANY DATA, INFORMATION,
OR ANY OTHER ASPECT OF THE WEB SITE.
Severability of Terms and Conditions; Governing Law. If any
part or parts of these Terms and Conditions are held to be
invalid, the remaining parts will continue to be valid and
enforceable. Nothing in these Terms and Conditions affects
any statutory rights that you may have that cannot be waived
or limited by contract. The use by you of our Web Site, the
information, content, services or other materials on the Web
Site, and any and all other matters between Capital Gains
and you related to these Terms and Conditions, shall be governed
by applicable United States federal law and the laws of the
State of Illinois, excluding its conflict-of-laws rules. Any
suit or proceeding arising out of or relating to the Terms
and Conditions must be commenced within one year from the
date the right, claim, demand or cause of action being asserted
first came into being.
If you have ay questions regarding the Web Site or its contents,
or these Terms and Conditions, contact gkarshna@capitalgainsinc.com.
Dated June 12, 2002.
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