Terms and Conditions
This Agreement sets forth the terms and conditions for your use of this CLCIC Advisors Co. web site. Your use of this site indicates your agreement to these terms and conditions.
This Agreement (the "Agreement") is between you and CLCIC Advisors Co. ("CLCIC"), a corporation organized and existing under the laws of Ohio, USA and with a principal place of business at 5327 Westpointe Plaza, Suite 140, Columbus, Ohio USA 43228-9131.
CLCIC grants you a non-exclusive, non-transferable, limited right to access, use, and display this Web site (the "Site") and the materials provided hereon, provided that you comply fully with this Agreement. The contents of the Site are only for your use in connection with your own business and not for the benefit of third parties, whether or not for compensation. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You agree that you will not provide others with access to this site using your registration name and password. If so, you are in breach of this contract and will be prosecuted to the full extent of the law.
Use of CLCIC services require paid registration. From time to time, CLCIC provides some services for free within its standard marketing programs. Notice will be provided when a particular service shall require payment.
Provisions related to Fee-Based Service
CLCIC services are supported by paid membership. Certain components or functionalities of this site are available only through the purchase of a site subscription ("Fee-Based Services").
- You agree to pay, using a valid credit card which CLCIC accepts, the subscription charges set forth on the Site, applicable taxes, and other charges incurred on your account in order to access Fee-Based Services. CLCIC reserves the right to increase fees, surcharges, and site subscription fees, or to institute new fees at any time, upon reasonable notice. Unless otherwise notified in advance by you, CLCIC will automatically charge your account for renewal of your site subscription. The renewal charge will be the same as the prior charge unless otherwise notified. In the event CLCIC cannot charge your account, we reserve the right to terminate your access to the Fee-Based Services. If you purchase a site subscription to access the Fee-Based Services and cancel within 168 hours (7 days) CLCIC will provide you with a 100% refund. Thereafter, no refunds are permitted.
- In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access the Fee-Based Services.
- For purposes of identification and billing, you agree to provide CLCIC with accurate, complete, and updated information required by the site subscription registration to the Fee-Based Services ("Account Information"), including your legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). You may check, following subscription help instructions, to determine whether your Account Information is current and accurate, and, if not, to correct or update your account information. Failure to comply with this provision (including without limitation falsification of any Account Information) may, at CLCIC' option, result in immediate suspension or termination of your right to use the Fee-Based Services.
- You agree to promptly update your Account Information, following subscription help instructions, in the event of any known or suspected unauthorized use of your subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your subscription until you update your Account Information. If your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your subscription is subject to use without your authorization, follow subscription help instructions to update your Account Information.
Copyright and Trademarks
All materials on the Site, including without limitation text, images, software, audio and video clips, databases, and Fee-Based Services (collectively, the "Content") are owned or controlled by CLCIC. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof for any public or commercial use without the express written permission of CLCIC. You agree not to use any trademarks, service marks, names, logos, or other identifiers of CLCIC or its employees, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of CLCIC or the relevant Affiliate. In addition, you may not use our trademarks:
- in, as, or as part of, your own trademarks or those of any third parties;
- to identify products or services that are not those of CLCIC;
- in a manner likely to cause confusion; or
- in a manner that implies inaccurately that CLCIC sponsors or endorses or is otherwise connected with, your own activities, products, and services, or those of third parties.
You acknowledge and agree that any public communications made to or by means of any portion of the Site are public. You acknowledge that:
- you have no expectation of privacy in any public communication and
- no confidential, fiduciary, contractually implied or other relationship is created between you and CLCIC by reason of your transmitting a public communication to any area of the Site. By transmitting any public communication to the Site, you grant to CLCIC a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, distribute, display, reproduce, transmit, modify, edit, and otherwise exploit such public communication, in all media now known or later developed. The foregoing grant shall include the right to exploit any proprietary rights in such public communications including, without limitation, any intellectual property laws under any relevant jurisdiction, and shall constitute a waiver of any rights, "moral rights," or any similar rights under any jurisdiction.
As part of the registration process, you will select a password. You are solely responsible for maintaining the confidentiality of any password you use to access the Fee-Based Services, and agree that CLCIC will have no obligations with regard thereto.
CLCIC and the Fee-Based Services are a resource only and provide no legal advice or opinions whatsoever. To the extent you utilize information of a legal nature from the Site you agree to rely only upon the advice of your own separate independent legal advisors.
You further acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site is at your sole risk. CLCIC reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone at any time. You acknowledge and agree that CLCIC is not responsible for any materials posted by users of the Site. Prior to purchasing any third party products or services described on the Site, you are advised to verify pricing and other information. Neither CLCIC nor its Affiliates shall have any liability arising from your purchases of third party goods or services based upon the information provided on the Site.
Links to Other Sites
The Site may contain links and pointers to other sites on the Internet, which may be maintained by third parties. Such links do not constitute an endorsement by CLCIC or its Affiliates of any third party site or any materials contained therein. CLCIC and its Affiliates do not control, and are not responsible for, the availability, accuracy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites.
You agree not to assign, transfer or sublicense your rights as a subscriber to the Fee-Based Services. You agree to be financially responsible for all usage or activity on your Fee-Based Services account.
You hereby agree to indemnify, defend and hold harmless CLCIC and its Affiliates from and against any and all liability and costs incurred by CLCIC or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. CLCIC 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 CLCIC.
Disclaimer of Warranty
Except as expressly set forth by CLCIC, the site (including all content, software, functions, fee-based services, materials and information made available thereon or accessed by means thereof) is provided as is, without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. To the fullest extent permissible by law, CLCIC and the affiliates make no warranties and shall not be liable for the use of the site under any circumstances, including but not limited to negligence by CLCIC. CLCIC does not warrant that the functions contained in the site or the fee-based services will be uninterrupted or error-free, that defects will be corrected, that the site or fee-based services will meet any particular criteria of performance or quality, or that the site, including forums or the server(s) on which the site is operated, are free of viruses or other harmful components.
Limitation of Liability
Use of the site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, communications, content, or other material (including without limitation software) accessed through or obtained by means of the site. Under no circumstances shall CLCIC, or the Affiliates, or any provider of telephone or network services for CLCIC or the Affiliates, be liable for any indirect, punitive, special, or consequential damages that are directly or indirectly related to the use of, or the inability to use, the site or fee-based services, even if CLCIC, the Affiliates, or their providers of telephone. or network services has been advised of the possibility of such damages. The total liability of CLCIC and the Affiliates hereunder is limited to the amount, if any, actually paid by you for access and use of the fee-based services. You hereby release CLCIC and the Affiliates from any and all obligations, liabilities, and claims in excess of this limitation. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Notwithstanding anything to the contrary in this agreement and due to the difficulty of measuring any damages, CLCICÃ‚Â’ liability under this agreement or for any of the services provide is limited to an amount equal to the six (6) months of fee-based services immediately prior to the accrual of the claim.
In addition to any other rights of the parties set forth herein, CLCIC may cancel or terminate this Agreement. CLCIC also reserves the right to restrict, suspend or terminate your access to the Fee-Based Services in whole or in part, without notice, with respect to any breach or threatened breach of any portion of this Agreement. If CLCIC terminates this Agreement based on a breach of any portion of this Agreement, CLCIC reserves the right to refuse to provide a subscription or any Fee-Based Services to you in the future.
Modifications to the Agreement
CLCIC has the right to modify this Agreement and any policies affecting the Site. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of CLCIC in providing the Site, including without limitation:
- any change in the Content, or
- any change in the amount or type of fees associated with the Fee-Based Services,
is to cancel your subscription in accordance with the subscription help instructions.
Modifications to the Site
CLCIC has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. CLCIC may also impose limits on certain features and services or restrict your access to parts of or all of the CLCIC Site without notice or liability.
This Agreement constitutes the entire agreement between you and CLCIC with respect to the Site and, if applicable, the Fee-Based Services and supersedes all prior agreements between you and CLCIC. Failure by CLCIC to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the state of California, USA (excluding its choice of law rules). You consent irrevocably to personal jurisdiction in the federal and state courts of California, USA for any action arising out of or relating to your use of the Site or Fee-Based Services. The federal and state courts of California shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. Use of any CLCIC Advisors, Co. Service indicates your agreement to the terms and conditions set forth above.