These Terms govern your access and use of the Site and all content, services and products provided through the Site (collectively, the “Service”). Please read these Terms carefully before using or accessing the Site or the Service. If you violate any of these Terms, or otherwise violate any agreement between you and us, we may terminate your relationships with us or the issuers offering securities through the Site, and prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site), at any time in our sole discretion, with or without notice.
- Acceptance of Changes to These Terms
The Site is made available by Rycore subject to this Agreement. We reserve the right to update or make changes to this Agreement from time to time, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. Your access to or use of the Site following changes to this Agreement will constitute your acceptance of those changes. Any changes to this Agreement shall not apply to any dispute between you and Rycore arising prior to the date on which Rycore posted the revised version of this Agreement incorporating such changes or otherwise notified you of such changes.
BY ACCESSING OR USING THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any service, content, feature or product offered through the Site. Your continued access to or use of the Site after such changes will indicate your acceptance of such changes.
- Intended Use of The Site
The information on this Site is provided for informational purposes only. Nothing contained in the Site shall be used or considered as an offer or a solicitation of any offer to sell or buy securities, products or services of Rycore or any other issuer. Rycore makes no representations that securities, products or services referenced in the Site are available or appropriate for sale or use in all jurisdictions or by all investors. Your use of the Site and/or Content (as defined below in Section III) must at all times comply with all applicable laws, rules and regulations.
Certain statements and information on the Site contain certain forward-looking statements. Such forward-looking statements may include, without limitation, plans, prospects and strategies as well as beliefs and expectations concerning future performance (certain of such statements are identified by use of words such as “expect,” “anticipate,” “intend,” “plan,” “believe,” “seek,” “estimate,” and variations of such words and similar expressions). These statements are not guarantees of future performance and involve risks, uncertainties and assumptions which are difficult to predict. Actual results may vary materially from those expressed or implied by any forward-looking statements contained on the Site due to changes in economic, business, competitive, technological and/or regulatory factors, and other risks and uncertainties.
Rycore does not use the Site to provide investment or other advice, and no information or other materials on the Site should be interpreted as a recommendation to buy or sell any securities or to be relied upon for the purpose of making investment decisions.
III. Site Content
Rycore may make available via the Site content, including but not limited to, information and other texts, photos, pictures and other images, software, or applications (together referred to as “Content”). We, our affiliated entities and/or our licensors own all Content made available through the Site. Such Content is subject to copyright, trademark or other intellectual property rights and laws. Unless expressly stated otherwise, you may not reproduce, modify, disseminate or otherwise exploit our Content in any way or form without our prior express approval.
In addition, you acknowledge that the Site itself is protected by copyright law. All trademarks used on the Site are the property of their respective owners.
PLEASE NOTE THAT UNAUTHORIZED USE OF THE SITE OR ANY CONTENT ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY SOFTWARE MADE AVAILABLE THROUGH THE SITE, MAY IN PARTICULAR JURISDICTIONS RESULT IN MONETARY DAMAGES AND OTHER CIVIL AND CRIMINAL PENALTIES INCLUDING WITHOUT LIMITATION, FOR COPYRIGHT INFRINGEMENT.
You must be 18 years of age or older to use the Site or the Services. Any use of or access to the Site by anyone under 18 is unauthorized, unlicensed and in violation of these Terms. By using the Service or the Site, you represent and warrant that you are 18 or older and that you agree to and to abide by all of the terms and conditions of these Terms.
- Third Party Sites
VII. Proprietary Rights in Site Content
All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of us, with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission. You may not republish Site Content on any internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Any use of the Site or the Site Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by us at any time without notice and with or without cause.
THE SITE AND THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS.” We do not guarantee the accuracy of any content posted on the Site, including any representations about potential investment opportunities that are described on the Site. We cannot guarantee and do not promise any specific results, relating to investments or otherwise, from use of the Site and/or the Service.
The Site may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission of information on the Site. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or on the Site or combination thereof. Under no circumstances will we be responsible for any loss or damage, including any investment losses or any personal injury or death, resulting from anyone’s use of the Site or the Service.
We reserve the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Rycore.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED AND EXCEPT AS MAY BE REQUIRED BY APPLICABLE SECURITIES LAWS, IN NO EVENT WILL RYCORE, ITS AFFILIATED ENTITIES, OR THEIR RESPECTIVE MANAGERS, OFFICERS, MEMBERS, PARTNERS, EMPLOYEES OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST INVESTMENTS ARISING FROM YOUR USE OF THE SITE OR THE SERVICE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF THEY ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EXCEPT AS MAY BE REQUIRED BY APPLICABLE SECURITIES LAW OR OTHER LAWS, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM ANY OF RYCORE, ITS AFFILIATED ENTITIES, OR THEIR RESPECTIVE MANAGERS, OFFICERS, MEMBERS, PARTNERS, EMPLOYEES OR REPRESENTATIVES, REGARDLESS OF THE CAUSE OF ACTION. IF AND ONLY TO THE EXTENT THIS LIMITATION IS LEGALLY UNENFORCEABLE, OUR AGGREGATE LIABILITY, AND THE LIABILITY OF ANY MEMBER OR MANAGER OF RYCORE, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATED IN ANY WAY TO OR IN CONNECTION WITH THE SERVICE OR THE SITE IS LIMITED TO $100.00 IN THE AGGREGATE FOR ALL CLAIMS YOU MIGHT OTHERWISE HAVE.
THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
XII. Governing Law
By visiting or using the Site and/or the Service, you agree that the laws of the State of Texas, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms. By agreeing to these Terms and using the Site and the Service, you irrevocably agree to submit to personal jurisdiction in Texas for all purposes, and you agree to waive, to maximum extent permitted by law, any right to a trial by jury for any matter. The prevailing party in any litigation arising out of or relating in any way to the Site or the Services will be entitled to recover its attorney fees and other costs.