Terms and Conditions
Effective September 1, 2018
THESE TERMS AND CONDITIONS AND THE GLOBAL CAPITAL FINANCE PRIVACY STATEMENT GOVERN YOUR USE OF THE GLOBAL CAPITAL FINANCE WEBSITE, PRODUCTS AND SERVICES AVAILABLE AT WWW.GLOBALCAPITALFINANCE.COM (THE “SITE”), APPLY EACH TIME YOU ACCESS OR USE THE SITE AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND GLOBAL CAPITAL FINANCE AMERICAS LLC OR GLOBAL CAPITAL FINANCE GMBH & CO. EUROPE KG (“GLOBAL CAPITAL FINANCE,” “COMPANY,” “WE,” “US” OR “OUR”); PLEASE READ THEM CAREFULLY. WHEN YOU ACCESS OR USE THE SITE, YOU ACCEPT THE PRIVACY STATEMENT AND TERMS AND CONDITIONS AS IF YOU HAD SIGNED THEM, AND YOU CONSENT TO OUR COLLECTING AND USING YOUR INFORMATION AS DESCRIBED IN THE PRIVACY STATEMENT AND THESE TERMS AND CONDITIONS. THE SITE IS OFFERED TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN. YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS IS A CONDITION TO YOUR USE OF THE SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY STATEMENT, THEN PLEASE DO NOT USE THE SITE.
Global Capital Finance reserves the right to change the terms, conditions, and notices under which the Site is offered, including but not limited to the charges associated with the use of the Site.
LINKS TO THIRD PARTY SITES
The Site may contain links to other Websites (“Linked Sites”). The Linked Sites are not under the control of Global Capital Finance and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Global Capital Finance is not responsible for webcasting or any other form of transmission received from any Linked Site. We provide these links to you only as a convenience, and the inclusion of any link does not imply our endorsement of the site or any association with its operators.
INTELLECTUAL PROPERTY RIGHTS
The Global Capital Finance name, logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of Global Capital Finance. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Global Capital Finance website, you warrant to Global Capital Finance that you will not use the Global Capital Finance website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Global Capital Finance website in any manner which could damage, disable, overburden, or impair the Global Capital Finance website or interfere with any other party’s use and enjoyment of the Global Capital Finance website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Global Capital Finance website.
USE OF COMMUNICATION SERVICES
The Global Capital Finance website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a communication service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the communication services.
- Violate any code of conduct or other guidelines which may be applicable for any particular communication service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Global Capital Finance has no obligation to monitor the Communication Services. However, Global Capital Finance reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Global Capital Finance reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Global Capital Finance reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Global Capital Finance‘s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Global Capital Finance does not control or endorse the content, messages or information found in any Communication Service and, therefore, Global Capital Finance specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Global Capital Finance spokespersons, and their views do not necessarily reflect those of Global Capital Finance.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Global Capital Finance does not claim ownership of the materials you provide to Global Capital Finance (including feedback and suggestions) or post, upload, input or submit to any Global Capital Finance website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Global Capital Finance, its affiliated companies and necessary sublicensees a perpetual, irrevocable, fully-paid up, royalty free, worldwide license to use your Submission in connection with the operation of our businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat and otherwise exploit your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Global Capital Finance is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Global Capital Finance’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GLOBAL CAPITAL FINANCE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
GLOBAL CAPITAL FINANCE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. GLOBAL CAPITAL FINANCE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You agree to defend, indemnify and hold harmless Global Capital Finance, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the website, including, but not limited to, your Submissions, any use of the Site’s content, services and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Site.
Global Capital Finance reserves the right, in its sole discretion, to terminate your access to the Global Capital Finance Website and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in New York, New York, U.S.A. in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Global Capital Finance as a result of this agreement or use of the Global Capital Finance Website. Global Capital Finance‘s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Global Capital Finance ‘s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Global Capital Finance website or information provided to or gathered by Global Capital Finance with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Global Capital Finance with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Global Capital Finance with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Global Capital Finance welcomes your comments regarding these Terms and Conditions. Please contact us at firstname.lastname@example.org with questions or comments you may have regarding these Terms and Conditions.