Terms of Use
You agree with Capital Management Groups
("we", "our", "us," as the case may be) as follows:
Our Web Site (the "Site") was designed to help our
advisory clients view information regarding accounts
managed by our firm, and to use information,
content, messages, products, services, software and
databases available through the Site. The Site is
available only to advisory clients (referred to as
"you") who agree to the terms and conditions in this
Agreement.
If you agree with the terms and conditions of
this Agreement, select "I Agree" below to
acknowledge your consent and intention to be bound
by these terms and conditions. By selecting "I
Agree," completing the registration process,
obtaining a password, and/or using the Site, (i) you
represent and warrant that you have the authority to
enter into this Agreement and create a binding
contractual obligation, (ii) you indicate that you
understand and intend this Agreement to be the legal
equivalent of a signed, written contract, and
equally binding, and (iii) you represent and warrant
that you will use the Site in a manner consistent
with applicable laws and regulations and in
accordance with the terms and conditions in this
Agreement, as the same may be amended by us, online
or otherwise, from time to time.
If you do not agree with the terms and conditions
in this Agreement, select "Cancel," and you will
exit the Site. In that case you must promptly return
to us all materials in your possession that are
associated with the Site.
This Agreement applies to all information, content,
messages, products, services, software and databases
available through the Site.
1. Electronic Services. We will provide you with
certain Web-based account services (the "Electronic
Services"). In using the Electronic Services, you
shall at all times comply with our Acceptable Use
Policy ("AUP") set forth below, as may be revised by
us from time-to-time. We will provide you with
electronic notice, either by e-mail or Web posting,
of the revision. Your continued use of the
Electronic Services shall constitute your acceptance
of the revision.
2. License Grant. Subject to the terms and
conditions of this Agreement, we grant you a
limited, nontransferable, nonexclusive license to
access and use the Electronic Services.
3. Third Party Service Providers. We use third
party service providers, vendors, and licensors to
assist (including Performance Technologies, Inc.) in
providing the Electronic Services (each, a "Third
Party Service Provider"). You hereby consent and
authorize us to delegate the authorizations you
provide to us to our Third Party Service Provider(s)
as we deem necessary or desirable to provide the
Electronic Services to you. You agree that the terms
and conditions of this Agreement, including any of
the other terms, conditions, warranty disclaimers
and liability disclaimers incorporated into this
Agreement, inure to the benefit of such Third Party
Service Providers and such Third Party Service
Providers are deemed to be third party beneficiaries
of this Agreement, including any other terms,
conditions, warranty disclaimers and liability
disclaimers incorporated into this Agreement. You
also agree that all references to us within this
Agreement and any incorporated terms are also deemed
to include, where applicable, our agents, such as
the Third Party Service Providers.
4. Financial Market Information; No Warranty:
Financial Information. Our Electronic Services make
available certain financial market data, quotes,
news, research and opinions (including Research
Reports, as defined below) or other
financial
information (collectively "Information") that has
been independently obtained by certain financial
market information services, financial publishers,
various securities markets including
stock exchanges
and their affiliates,
investment bankers and other
providers (collectively the "Information Providers")
or has been obtained by us. We do not guarantee or
certify the accuracy, completeness, timeliness or
correct sequencing of the Information made available
through us, the Information Providers or any other
third party transmitting the Information (the
"Information Transmitters"). All such Information is
provided "as-is" and "as-available." You agree that
neither we nor any of the Information Providers or
the Information Transmitters shall be liable in any
way for the accuracy, completeness, timeliness or
correct sequencing of the Information, or for any
decision made or action taken by you relying upon
the Information. You further agree that neither we
nor any of the Information Providers or the
Information Transmitters will be liable in any way
for the interruption of any data, Information or
other aspect of the Electronic Services. You
understand that none of the Information (including
Research Reports) available through the Electronic
Services constitutes a recommendation or
solicitation that you should purchase or sell any
particular security or use the services of any
Third-Party Service Provider, including but not
limited to Information Providers and Information
Transmitters.
5. Research Reports. The Electronic Services make
available analyst research and opinions ("Research
Reports") that may be prepared by an Information
Provider or by various
third party investment
bankers or other entities providing analysis,
research and opinions ("Third Party Research
Providers"). We do not endorse or approve Research
Reports prepared by Third Party Research Providers
and only make such Research Reports available to you
as a service and convenience. We and our Third Party
Research Providers do not (1) guarantee the
accuracy, timeliness, completeness or correct
sequencing of the Research Reports, or (2) warrant
any results from your use of the Research Reports.
The Research Reports have been prepared as of the
date indicated and may become unreliable for various
reasons including, for example, changes in
market or
economic circumstances. All such Research Reports
are provided on an "as-is" and "as-available" basis.
We and each of our Research Providers is not
obligated to update any information or opinions
contained in any Research Report or to continue to
offer Information or Research Reports regarding any
company or security. You acknowledge that
recommendations in the Research Reports to buy,
sell, hold, or otherwise consider particular
securities are not, and should not be construed as,
recommendations or advice to you designed to meet
your particular objectives or financial situation.
From time to time, we and our Research Providers may
be unable to provide Research Reports with respect
to certain
companies with which we and/or our Research
Providers, or their respective affiliates have
certain business relationships.
6. Alerts. We may, from time to time, send email
notices about investment markets or particular
securities that we believe will be of interest to
you ("Alerts"). Alerts are subject to certain
limitations and requirements that are described here
and that may be described at the time you subscribe,
or we subscribe for you, to a particular Alert. Your
subscription or use of any Alert will serve as an
acknowledgement that you have read and understood
the applicable limitations and conditions. The
information in Alerts may be prepared and delivered
by Information Providers. The information may be
delayed. Neither we nor any Information Provider
guarantee the accuracy, completeness, or timeliness
of information available through Alerts. Reliability
of your receipt of Alerts and their timeliness will
also depend on factors outside of our control,
including Internet, E-mail, and pager service
availability and transmission capabilities. Alerts
are not investment recommendations or advice. Any
investment decision you make on the basis of Alerts
is your sole responsibility. Alerts are sent through
unencrypted e-mail, and neither we nor any
Information Provider is liable for any unauthorized
use or interception. If you subscribe to Alerts, you
acknowledge that you have read and understood this
notification.
7. Beta Services. We may designate certain new
functionality or services to be made available in
connection with the Electronic Services as "Beta
Services." Such Beta Services will not be ready for
use in a production environment. Because they will
be at an early stage of development, operation and
use of the Beta Services may be unpredictable and
lead to erroneous results. You acknowledge and agree
that: (i) the Beta Services will be experimental and
will not have been fully tested; (ii) the Beta
Services may not meet your requirements; (iii) the
use or operation of the Beta Services may not be
uninterrupted or error free; (iv) your use of the
Beta Services will be for purposes of evaluating and
testing the new functionality and services and
providing feedback to us; and (v) you shall inform
your employees, staff members, and other users
regarding the nature of the Beta Services. Your use
of the Beta Services shall be subject to all of the
terms and conditions set forth herein relating to
the Electronic Services. You shall promptly report
any errors, defects, or other deficiencies in the
Beta Services to us. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS AGREEMENT, ALL BETA SERVICES ARE
PROVIDED "AS-IS" AND "AS-AVAILABLE," WITHOUT
WARRANTIES OF ANY KIND. You hereby waive any and all
claims, now known or later discovered, that you may
have against us and our suppliers/licensors arising
out of your use of the Beta Services.
8. Disclaimer of Warranties. THE ELECTRONIC
SERVICES ARE PROVIDED "AS IS" AND "AS-AVAILABLE,"
WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND.
WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF
INFORMATION, AND TITLE/NON-INFRINGEMENT. USE OF THE
ELECTRONIC SERVICES IS AT YOUR SOLE RISK. WE DO NOT
WARRANT THAT THE ELECTRONIC SERVICES WILL MEET YOUR
REQUIREMENTS, OR THAT THE ELECTRONIC SERVICES ARE
COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE
PLATFORM, OR THAT THE OPERATION OF THE ELECTRONIC
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR
THAT DEFECTS IN THE ELECTRONIC SERVICES WILL BE
CORRECTED. FURTHERMORE, WE DO NOT WARRANT OR MAKE
ANY REPRESENTATION REGARDING THE USE OR THE RESULTS
OF THE USE OF ELECTRONIC SERVICES IN TERMS OF THEIR
CORRECTNESS, ACCURACY, QUALITY, RELIABILITY,
SECURITY, APPROPRIATENESS FOR A PARTICULAR TASK OR
APPLICATION, CURRENTNESS, OR OTHERWISE. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR
AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY
OR IN ANY WAY INCREASE THE SCOPE OF OUR OBLIGATIONS
HEREUNDER.
THE ELECTRONIC SERVICES MAY BE USED TO ACCESS AND
TRANSFER INFORMATION OVER THE INTERNET. YOU
ACKNOWLEDGE AND AGREE THAT WE DO NOT OPERATE OR
CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS,
TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR
SOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., HACKERS)
MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR
DATA, WEBSITES, COMPUTERS, OR NETWORKS. WE SHALL NOT
BE RESPONSIBLE FOR SUCH ACTIVITIES.
9. Agreement Not To Contact Analyst. You agree
not to contact any individual or analyst who is an
author of, or who is named on, any Research Report,
or any representative of any Information or Research
Provider.
10. Arbitration. You should know the following
with respect to arbitration agreements:
(a) Arbitration is final and binding on the parties.
(b) The parties are waiving their right to seek
remedies in court, including the right to a jury
trial.
(c) Pre-arbitration discovery is generally more
limited than and different from court proceedings.
(d) The arbitrators' award is not required to
include factual findings or legal reasoning and any
party's right to appeal or to seek modification of
rulings by the arbitrators is strictly limited.
(e) The panel of arbitrators will typically include
a minority of arbitrators who were or are affiliated
with the securities industry.
You hereby agree to settle by arbitration any
controversy between you and us, or our affiliates,
or our or their respective officers, directors,
employees or agents, including, but not limited to,
any Third Party Service Providers, which controversy
arises out of this Agreement between you and us or
any Third Party Service Providers or which relates
to this Agreement, the Electronic Services, and any
content or information provided thereon. Such
arbitration will be conducted by, and according to
the arbitration rules then in effect of, the
National Association of Securities Dealers, the
American Arbitration Association or Judicial
Arbitration and Mediation Services (JAMS).
11. Securities Professionals May Not Use Research
Reports In Their Business. If you are a securities
broker, dealer or investment banker, by requesting
or receiving any Research Reports, you agree not to
use any such Research Reports for any purpose
related to your business.
12. Limitations of Liability: Limitation of
Damages. WE, THE THIRD PARTY SERVICE PROVIDERS, THE
INFORMATION PROVIDERS, INFORMATION TRANSMITTERS,
THIRD PARTY RESEARCH PROVIDERS, AND ANY OTHER PERSON
INVOLVED IN TRANSMITTING INFORMATION WILL NOT BE
LIABLE UNDER ANY CIRCUMSTANCES FOR ANY
CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT
DAMAGES EVEN IF YOU ADVISE THEM OF THE POSSIBILITY
OF SUCH DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED
TO, CLAIMS FOR LOST PROFITS, TRADING LOSSES AND
DAMAGES THAT MAY RESULT FROM THE USE, INCONVENIENCE,
DELAY OR LOSS OF USE OF THE INFORMATION OR FOR
OMISSIONS OR INACCURACIES IN THE INFORMATION. AS A
CONDITION TO ACCESSING OR RECEIVING THE INFORMATION
OR USING THE ELECTRONIC SERVICES, YOU EXPRESSLY
AGREE TO WAIVE ANY CLAIM YOU MAY HAVE AGAINST US,
ANY INFORMATION PROVIDER, RESEARCH PROVIDER, THIRD
PARTY SERVICE PROVIDER, OR ANY OTHER PERSONS
INVOLVED IN TRANSMITTING ANY INFORMATION WE MAKE
AVAILABLE TO YOU OR IN PROVIDING THE ELECTRONIC
SERVICES.
BY ACCESSING OR RECEIVING INFORMATION OR USING
THE ELECTRONIC SERVICES, YOU AGREE THAT OUR
LIABILITY AND THE LIABILITY OF THE THIRD PARTY
SERVICE PROVIDERS, THE INFORMATION PROVIDERS, THE
THIRD PARTY RESEARCH PROVIDERS, OR ANY OTHER PERSONS
INVOLVED IN TRANSMITTING INFORMATION OR PROVIDING
THE ELECTRONIC SERVICES ARISING OUT OF ANY CLAIM
(WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY
CONNECTED WITH THE ELECTRONIC SERVICES OR
INFORMATION WILL NOT EXCEED THE AMOUNT YOU
ORIGINALLY PAID FOR THE ELECTRONIC SERVICES RELATED
TO YOUR CLAIM.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON
HOW LONG IMPLIED WARRANTIES LAST, THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR
THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THAT
THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO
YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS.
YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
JURISDICTION TO JURISDICTION.
13. No Liability for Events Outside of Entities'
Direct Control. We, the Information Providers,
Information Transmitters, Third Party Research
Providers, Third Party Service Providers, and any
other person involved in transmitting Information
will not be liable for any loss that results from a
cause over which that entity does not have direct
control. Such causes include, but are not limited
to, (1) the failure of electronic or mechanical
equipment or communication lines; (2) telephone or
other interconnect problems; (3) bugs, errors,
configuration problems or the incompatibility of
computer hardware or software; (4) the failure or
unavailability of Internet access; (5) problems with
Internet service providers or other equipment or
services relating to your computer or network; (6)
problems with intermediate computer or
communications networks or facilities; (7) problems
with data transmission facilities or your telephone,
cable or wireless service; or (8) unauthorized
access, theft, operator errors, severe weather,
earthquakes, other natural disasters or labor
disputes. We are also not responsible for any damage
to your computer, software, modem, telephone,
wireless device or other property resulting in any
way from your use of the Electronic Services.
14. Use of Proprietary Information. The
Information and other content provided in connection
with the Electronic Services are our property or the
property of the Information or Third Party Research
Providers or their licensers, or the Third Party
Service Providers, and are protected by applicable
copyright law. You agree not to reproduce,
retransmit, disseminate, sell, distribute, publish,
broadcast, circulate or commercially exploit the
Information and other content in any manner without
our express written consent or the Information or
Third Party Research Providers, the Third Party
Service Providers, or any other person with the
authority to give such consent. You agree that you
will not use the Information and other content for
any unlawful purpose. You further agree to comply
with all our reasonable written requests intended to
protect the Information and Third Party Research
Providers', the Third Party Service Providers', and
our respective rights in the Information and
Electronic Services. You will not remove any
proprietary notices (e.g., copyright and trademark
notices) from any Information or other content
provided in connection with the Electronic Services.
15. Access, Passwords, and Security. You will be
responsible for the confidentiality and use of your
access number(s), password(s) and account number(s).
You agree not to hold us or Third Party Service
Providers liable for any damages of any kind
resulting from your decision to disclose your access
number(s), password(s), or account number(s) to any
third party, including but not limited to entities
that aggregate account information or Web site
content, or persons who are or claim to be acting as
your agent, proxy, or investment manager. You will
be responsible for all activities through and under
your access number(s), password(s) and account
number(s), and any instructions (to the extent
applicable) received by us will be deemed to have
been received from you. By using the Electronic
Services, you agree to take all steps necessary to
prevent unauthorized access to your account. You
agree immediately to notify us if you become aware
of: any loss or theft of your access number(s),
password(s) and/or account number(s); or Any
unauthorized use of any of your access number(s),
password(s) and/or account number(s), or of the
Electronic Services or any Information.
16. Data Transmission. You acknowledge that data,
including e-mail, electronic communications and
personal financial data, may be accessed by
unauthorized third parties when communicated between
you and us, Information Providers or Information
Transmitters, using the Internet, other network
communications facilities, telephone or any other
electronic means. You agree to use software produced
by third parties, including, but not limited to,
"browser" software that supports a data security
protocol compatible with the protocol used by us.
17. Indemnification. You agree to defend,
indemnify and hold us, the Third Party Service
Providers, the Information Providers and the
Information Transmitters harmless from and against
any and all claims, losses, liability costs and
expenses (including but not limited to attorneys'
fees) arising from your violation of this Agreement,
state or federal securities laws or regulations, or
any third party's rights, including but not limited
to infringement of any copyright, violation of any
proprietary right and invasion of any privacy
rights. This obligation will survive the termination
of this Agreement.
18. Our Ability to Terminate Electronic Services.
We reserve the right to terminate your access to the
Electronic Services or any portion of them
(including without limitation, the Information
(including Research Reports)) in its sole
discretion, without notice and without limitation,
for any reason whatsoever. We may terminate your
access to its Electronic Services for reasons
including, but not limited to, the unauthorized use
of your account access information, breach of this
Agreement, discontinuance of our access to any
Information or any other data from any Information
Provider or Research Provider or termination of one
or more agreements between us and Information
Providers, Third Party Service Providers, Third
Party Research Providers or Information
Transmitters. We and the Third Party Service
Providers, the Information Providers, the Third
Party Research Providers and the Information
Transmitters shall have no liability to you for
terminating your access to the Electronic Services;
provided, however, that if our termination is
without cause, we will refund the pro rata portion
of any fee you may have paid for the portion of the
Information and/or Electronic Services not furnished
to you as of the date of termination. If this
Agreement is terminated, you will cease using the
Electronic Services and all products, services,
Information and content obtained through the
Electronic Services.
19. General.
19.1 Force Majeure. Neither party shall be liable
for any failure or delay in performance under this
Agreement which is due to any event beyond the
reasonable control of such party, including without
limitation, fire, explosion, unavailability of
utilities or raw materials, Internet delays and
failures, telecommunications failures,
unavailability of components, labor difficulties,
war, riot, act of God, export control regulation,
laws, judgments or government instructions.
19.2 Entire Agreement. This Agreement sets forth
the entire agreement between the parties with regard
to the subject matter hereof. No other agreements,
representations, or warranties have been made by
either party to the other with respect to the
subject matter of this Agreement, except as
referenced herein. This Agreement may be amended
only by a written agreement signed by both parties.
19.4 Relationship of the Parties. The parties
agree that we shall perform our duties under this
Agreement as an independent contractor. Nothing
contained herein shall be deemed to establish a
partnership, joint venture, association, or
employment relationship between the parties.
Personnel employed or retained by us who perform
duties related to this Agreement shall remain under
our supervision, management, and control.
19.5 Severability. If any of the provisions of
this Agreement are found or deemed by a court to be
invalid or unenforceable, they shall be severable
from the remainder of this Agreement and shall not
cause the invalidity or unenforceability of the
remainder of this Agreement.
19.6 Waiver. Neither party shall by mere lapse of
time without giving notice or taking other action
hereunder be deemed to have waived any breach by the
other party of any of the provisions of this
Agreement. Further, the waiver by either party of a
particular breach of this Agreement by the other
party shall not be construed as, or constitute, a
continuing waiver of such breach, or of other
breaches of the same or other provisions of this
Agreement.
19.7 Survival. The following provisions shall
survive termination or expiration of this Agreement:
Sections 3 (Third Party Service Providers), 4
(Financial Market Information; No Warranty:
Financial Information), 5 (Research Reports), 8
(Disclaimer of Warranties), 10 (Arbitration), 11
(Securities Professionals May Not Use Research
Reports In Their Business), 12 (Limitations of
Liability: Limitation of Damages), 13 (No Liability
for Events Outside of Entities' Direct Control), 14
(Use of Proprietary Information), 15 (Access,
Passwords, and Security), 17 (Indemnification), and
19 (General).
Acceptable Use Policy
-
Referral Program
- When you refer an investor to our website,
you will receive up to 15% commission from your
referral's investment fund into your account.
Commissions are paid immediately into your
account as soon as your referral make a deposit.
-
More Info >>
10 Reasons To Choose Us
- High rate of return
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- Special conditions in case more than 200
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