Capital Distributing, LLC (Capital), hereby grants you a limited, non-exclusive, personal, non-assignable and non-transferable license to access and use the Capital Site, provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this Agreement. Capital may amend or change these terms and conditions, at any time, without notice to you. Therefore, you must consult the most recent version of this Agreement (and not an older cached version) each time you visit the Web Site. Use of this Web Site constitutes your acceptance of all of the following terms and conditions, in their current form or as modified.
Disclaimer of Warranty
CAPITAL PROVIDES THIS WEBSITE AS IS WITH ALL FAULTS AND MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND, AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE WEB SITE, INCLUDING BUT NOT LIMITED TO THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PROGRAMS, PRODUCTS, EVENTS, OR SERVICES, OR OTHER MATERIAL PROVIDED THROUGH THE WEB SITE, OR OF RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SILVER EAGLE MAKES NO WARRANTY OR GUARANTEE THAT YOUR ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, AND SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.
Limitation of Liability
You agree that you release, and agree to indemnify, save and hold harmless Capital, its affiliates, and its and their officers, directors, employees, contractors, sponsors and agents from all claims arising out of or related to your access, use, or inability to use the Web Site. IN NO EVENT WILL CAPITAL BE LIABLE TO YOU, ANYONE CLAIMING BY THROUGH OR UNDER YOU OR ANYONE ELSE FOR (i) ANY DECISION OR ACTION TAKEN, OR NOT TAKEN, IN RELIANCE UPON THE INFORMATION CONTAINED OR PROVIDED THROUGH THE WEB SITE, (ii) ARISING OUT OF OR RELATED TO THE WEB SITE, (iii) YOUR USE OF THIS WEB SITE, (iv) YOUR USE OF ANY MATERIALS DOWNLOADED FROM THIS WEB SITE, OR (v) FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUES, PROFITS OR SAVINGS, EVEN IF CAPITAL KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, DEMANDS OR ACTIONS.
You acknowledge that the information, opinions, and content contained on this Website are not necessarily always those of Capital or endorsed by Capital. Capital provides links to other third-party websites for convenience only and are not intended as an endorsement by Capital of the information contained on the third-party website, or a warranty of any type of the third-party website. The Web Site may also contain news stories that do not necessarily reflect the opinions or recommendations of Capital
Unless otherwise indicated, all information contained on this Web Site, such as text, graphics, logos, button icons, images, and audio or video clips is owned by or licensed by Capital, and is copyrighted and proprietary material of Capital, and may not be copied, reproduced, transmitted, displayed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without Capital prior written consent, except that you may make such temporary copies as are necessary to browse the Website. You may also make a single copy of the content displayed on any page of the Website to be used by you for personal and noncommercial uses which do not harm the reputation of the Capital (as determined in Capital’s sole discretion), provided that you not remove any trademarks, copyright and any other notice contained in such content. Capital reserves all other rights not granted herein. You may not sell, modify, redistribute, put on another Website or otherwise publicly display or publicly perform, or use for any commercial purpose, any materials or information obtained from the Web Site without Capital’s express written consent.
User Names and Passwords
If Capital provides you with a user name and password to access restricted portions of the Website, you shall not allow concurrent use of the Capital’s Website by multiple users utilizing the same user name and password, or allow another person or entity to use your user name and password to access the Website. You are responsible for maintaining the confidentiality of the password, and agree that Capital has no obligations with regard to the use of such user name or password by third parties. You are responsible for any and all activities on the Web Site made by persons using your user name and password. You agree to notify Capital if you believe that there has been any unauthorized use of your user name and password of if you have any reason to believe that the security of your user name or password has been compromised.
By submitting communications or content to any part of this Web Site, or linked to such Web Site, where such content would be viewable by the public (e.g., posting Facebook, Twitter or a public forum/bulletin board), you agree that such submission is non-confidential for all purposes. Any submission to this Website will be deemed to be, and will remain, the property of Capital. You grant, or warrant that the owner of such content has expressly granted Capital a royalty-free, perpetual, irrevocable, world-wide non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.
You agree that Capital, in its sole discretion, may terminate your access to the Website, and remove and discard any of your materials posted on the Web Site, for any reason.A� You agree that Capital may terminate your access without any prior notice. If you do not wish to receive any emails or materials from Capital, you may choose to opt out by emailing: in**@ca*********.com
Further, you agree that Capital shall not be liable to you or any third-party for any termination of your access to the Web Site.
When using this Web Site, you may sometimes be linked to third party websites. Silver Eagle is not responsible for the information or materials contained on any third party websites. Links to this Web Site are provided for convenience only and are not intended as an endorsement by Capital of the organization or individual operating the third party website or a warranty of any type regarding either the third party website or the information on the third party Web Site. Capital shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such third party websites.
This Website (including linked sites) may be accessed from the United States of America, as well as from other countries around the world. THIS AGREEMENT, AND YOUR USE AND ACCESS OF THE WEB SITE IS GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. JURISDICTION AND VENUE FOR ANY CAUSE OF ACTION ARISING UNDER THIS AGREEMENT SHALL BE IN OKLAHOMA COUNTY, Oklahoma City, OK. Capital makes no representation that materials on the Web Site, including but not limited to, products, descriptions, specifications or features, are appropriate or available for use in locations outside the United States of America. Those who choose to access this Web Site from other countries do so on their own risk and are responsible for compliance with local laws.