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TERMS AND CONDITIONS

 

Welcome to www.HigginsCapital.com. The information offered by Higgins Capital Management, Inc., (“Higgins Capital”) on this website (the “Site”) is subject to certain terms and conditions (the “Terms and Conditions”). These Terms and Conditions apply to all users. By entering the Site or by transmitting any information to the Site you acknowledge and agree to all of the Terms and Conditions. Please read them carefully. If you do not agree to the Terms and Conditions, please do not use the Site. Any use of the Site in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties. We reserve the right to revise this legal information at any time and for any reason, without notice or obligation, by updating this posting. Your continued use of the Site following the posting of any changes to the Terms and Conditions will mean that you accept such amendments. We strongly recommend that you periodically visit this page of the Site to review the Terms and Conditions.

1.     COPYRIGHTS AND TRADEMARKS

Higgins Capital is the copyright owner for everything on the Site or has the permission to use the material on the Site. No portion of the Site, including, without limitation, the text or images may be used in any manner, or for any purpose, without the prior express written permission of Higgins Capital, except as provided herein. The compilation of all content on the Site is the exclusive property of Higgins Capital and is protected by U.S. and international copyright laws. All software used on the Site is the property of Higgins Capital or its software suppliers and is protected by U.S. and international copyright laws.
By entering the Site you acknowledge and agree that each name, logo, trademark, or service mark contained on the Site is owned or licensed by Higgins Capital and may not be used by you without the prior written approval of Higgins Capital. Higgins Capital will aggressively enforce its intellectual property rights to the full extent of the law. Information or images of places or people are either the property of Higgins Capital or used on the Site by Higgins Capital with permission. Your use of any such materials is prohibited unless specifically permitted by Higgins Capital. Any unauthorized use of such materials may subject you to penalties or damages, including, without limitation, those related to violation of trademarks, copyrights, privacy and publicity rights.

2.     RESTRICTED USE OF SITE MATERIALS

Higgins Capital grants you a limited license to access and make use of the Site. For your personal use only, you may print copies of the information from the Site and you may store information from the Site on your own computer. You may not modify the Site, or any portion thereof, for any reason. Any unauthorized use terminates the permission or limited license granted by Higgins Capital. Higgins Capital reserves all other rights.

3.     LINKING, POSTING AND TRANSMITTING

Although Higgins Capital provides the information accessible on the Site for your personal, non-commercial use, Higgins Capital retains all property rights, including, without limitation, property rights under U.S. and international copyright law, to all such information. Without the prior express written permission of Higgins Capital, you MAY NOT do any of the following: (A) hyperlink to the Site, whether to its homepage or to an interior page; (B) include information from the Site on another site, on a server computer, or in documents; (C) modify or re-use the information from the Site; or (D) transmit any commands, codes or information to the Site, with the exception of those commands necessary to view the Site. Higgins Capital reserves all other rights.

Do not transmit to the Site or to any Higgins Capital personnel, any profane, obscene, defamatory, libelous, threatening, or unlawful material or any unsolicited commercial communications. Do not transmit to the Site or to any Higgins Capital personnel any material that could constitute or encourage unlawful conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that Higgins Capital, or other parties involved in creating, producing, or delivering the Site, may monitor or review any transmissions to the Site or to Higgins Capital personnel, Higgins Capital and such other parties assume no responsibility or liability that may arise from the content thereof, including, without limitation, claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.

Although the Site may be linked to other sites upon permission, Higgins Capital is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By entering the Site you acknowledge and agree that Higgins Capital has not reviewed all the sites that may be linked to the Site and is not responsible for the content of any off-site pages or any other site linked to the Site. You further acknowledge and agree that when you follow links to pages not maintained on the Site, you do so at your own risk.

4.     DISCLAIMERS

While Higgins Capital makes all reasonable efforts to help ensure that all material on the Site is correct, accuracy cannot be guaranteed and Higgins Capital makes no warranties or representations as to the accuracy of the Site. THE SITE, AND ALL INFORMATION AND MATERIALS CONTAINED HEREIN, IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW.

5.     LIMITATIONS ON LIABILITY

By entering the Site you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) that may arise, directly or indirectly, through access to the Site, use or browsing of the Site, or through your downloading of any text or images, from the Site.

6.     TERMINATION

You acknowledge and agree that Higgins Capital may terminate your access to the Site should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Higgins Capital. Any such termination shall be in Higgins Capital’s sole discretion and may occur without prior notice, or any notice. Higgins Capital further reserves the right to terminate any user’s access to the Site for any conduct that Higgins Capital, in its sole discretion, believes (A) is or may be directly or indirectly harmful to other users, to Higgins Capital or its affiliates or business contractors, or to other third parties or (B) violates any local, state, federal, or foreign laws or regulations.

7.     INDEMNIFICATION

You agree to indemnify and hold harmless Higgins Capital, its officers, directors, affiliates and agents, as well as Higgins Capital’s licensors and other third parties with which Higgins Capital contracts, from and against any and all claims, demands, actions, costs or expenses or both, including reasonable attorney’s fees, incurred by or against such persons or entities arising out of or resulting from your use of the Site, your violations of these Terms and Conditions and/or your violation of any rights of a third party.

8.     APPLICABLE LAW AND JURISDICTION

By visiting the Site, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that may arise between you and Higgins Capital. You hereby consent to the jurisdiction of the federal and state courts in San Diego County, California for the purpose of resolving any dispute in connection with your visit to the Site. Higgins Capital may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such court.

9.     USER SUBMISSIONS

By entering the Site you acknowledge and agree that any communication or material you transmit to the Site or Higgins Capital, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any materials you transmit to Higgins Capital may be used by Higgins Capital, anywhere, anytime, and for any reason whatsoever.

10.     PRIVACY POLICY

Higgins Capital does not collect any personally identifiable information such as IP address, domain name, webpage, the length of time spent on the Site, or the pages accessed while visiting the Site. The information-gathering technology referred to as “cookies” will not be used in connection with the Site. The only information that Higgins Capital collects is that which is voluntarily submitted by users. By using the Site you hereby understand and consent to the transfer of any data submitted by you to Higgins Capital. Under no circumstances will Higgins Capital exchange such information with third parties.

11.     SEVERABILITY

If any of the Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, such condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining Terms and Conditions.