Terms and Conditions Welcome to the web site (the "Site") owned and operated by Cannell & Spears LLC ("C&S"). This Agreement contains the terms, covenants, conditions, and provisions (the "Terms and Conditions") upon which you (the "User") may access and use this Site. Use of the Site indicates that you, the User, understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. Please note that C&S reserves the right to change these Terms and Conditions. Please check the Terms and Conditions portion of our Site from time to time to ensure that you have read the most current version. Your continued use of this Site following reasonable notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions.
Site Content. The information on this web site is for informational purposes only. C&S does not recommend specific securities or provide investment advice on the Site. Market quotations available on or through the Site are provided by third parties and C&S does not verify or guarantee the accuracy of this information. Reliance on such information is at your sole risk.
Links to Other Sites. C&S may provide links, in its sole discretion, to other sites on the World Wide Web for the convenience of its Users in locating related information and services. These sites have not necessarily been reviewed by C&S and are maintained by third parties over which C&S exercises no control. Accordingly, C&S expressly disclaims any responsibility for the information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party. Users should be aware that use of these third-party web sites is subject to separate terms and conditions, information practices, and other provisions.
Grant of License. This Agreement provides you, the User, with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with the Terms and Conditions of this Agreement. Users may print and download materials and information on this Site solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted herein, a User may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, frame, or otherwise use any information or material obtained from or through this Site. As a further condition of use of this Site, all Users warrant to C&S that they will not use this Site for any purpose that is unlawful, prohibited by any applicable regulation or otherwise inconsistent with these Terms and Conditions.
Intellectual Property Rights. All material contained on this Site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright and trademark law, as well as other state, federal, and international laws and regulations. Except as expressly provided herein, C&S does not grant any express or implied right(s) to Users of this Site. Please be aware that C&S actively and aggressively enforces its intellectual property rights to the fullest extent of the law. The contents of this Site are Copyright © 2024 Cannell & Spears LLC. All Rights Reserved. Removing or altering the copyright notice on any material on this Site is prohibited. C&S also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of this Site's content.
The following trademarks: Cannell & Spears LLC, and all other names, logos, and icons identifying C&S and/or C&S's products and services are proprietary marks of C&S. Other product and company names mentioned herein may be the trademarks of their respective owners.
Compliance with Applicable Laws. User's access to this Site is governed by all applicable federal, state and local laws. The Site is intended only for citizens and residents of the United States. Nothing on the Site should be construed as an offer to provide investment advisory services or as a solicitation of an offer to buy or sell a security in any jurisdiction in which the foregoing would be unlawful.
Code of Conduct. You agree not to do any of the following:
Restrict or inhibit any other user from using and enjoying the Site. This includes, without limitation: (a) using, or attempting to use, any account without the owner's permission or (b) obtaining or soliciting another person's password or other personal information under false pretenses. Interfere (or attempt to interfere) with the operation of the Site. This includes, without limitation, interfering with, defeating, or circumventing any security function of the Site, or attempting to do so. Use the Site for any unlawful purpose.
Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site.
Assumption of Risk. Use of the Internet and this Site is solely at your own risk and is subject to all applicable local, state, federal, and international laws and regulations. While C&S has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, C&S and its employees, agents, directors, officers, proprietors, partners, representatives, shareholders, affiliates, servants, attorneys, predecessors, successors, and assigns are not responsible for the security of any information transmitted via the Internet. The User assumes sole and complete risk for using this Site and must make his or her own determination as to these matters.
Law Enforcement. C&S reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. C&S will also comply with all court orders involving requests for such information.
Events Beyond C&S's Control. Users expressly absolve and release C&S from any claim of harm resulting from a cause beyond C&S's control including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
DISCLAIMERS.
WHILE C&S ENDEAVORS TO PROVIDE ACCURATE AND TIMELY INFORMATION, THE INFORMATION AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, C&S MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION AVAILABLE ON THIS SITE AT ANY TIME, FOR ANY REASON.
YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AVAILABLE ON THIS SITE. C&S MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AVAILABLE ON THIS SITE FOR ANY PURPOSE. SUCH INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL C&S BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, ANY DELAY OR INABILITY TO USE THIS SITE, ANY DELAY OR INABILITY TO ACCESS YOUR ACCOUNT, UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT, ANY INFORMATION AVAILABLE ON THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF C&S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. C&S'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO YOUR USE OF THIS SITE SHALL NOT EXCEED $100.00.
Indemnity. You agree to defend, indemnify, and hold harmless C&S and its employees, agents, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of the Site or any breach by you of this Agreement. You agree to cooperate as fully as reasonably required in C&S's defense of any claim. C&S reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of C&S.
Digital Millenium Copyright Act. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. C&S reserves the right to remove any material on the Site which allegedly infringes another person's copyright. Notices to C&S regarding any alleged copyright infringement on the Site should be directed to: ggoldberg@cannellspears.com.
Governing Law.
This Agreement has been made in, and will be construed and enforced in accordance with the laws of the State of New York, as applied to agreements entered into and completely performed in New York. Any action to enforce this Agreement will be brought in the federal or state courts presiding in the State of New York, and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by C&S from its offices within the United States. C&S makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. Those who choose to access this Site from other locations do so of their own volition and are responsible for compliance with applicable local laws.
Term and Termination. This Agreement will take effect at the time the User begins using this Site (thereby accepting these Terms and Conditions). C&S reserves the right at any time and for any reason to deny any User access to the Site or any portion thereof, and to terminate this Agreement. Termination will be effective without notice.
Waiver. Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by C&S of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
Severability. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
Relationship. No joint venture, partnership, employment, or agency relationship exists between a User and C&S as a result of this Agreement or User's utilization of this Site.
Entire Agreement/Reservation of Rights. These Terms and Conditions represent the entire agreement between the User and C&S with respect to use of and material available on or through this Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the User and C&S with respect to this Site. Any rights not expressly granted herein are reserved.
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