CTFN TERMS OF SERVICE
Effective as of June 14, 2016 – Updated May 24, 2018
Your use of the Site indicates your acceptance of these Terms. If you do not agree to these Terms, you may not use the Site or any products or services provided on the Site. We reserve the right to revise these Terms at any time by updating this posting and you are responsible for reviewing these Terms from time to time to become aware of any changes. Any revisions to these Terms shall be effective immediately upon posting. Your continued use of the Site will constitute your agreement to the most current version of these Terms.
For the avoidance of doubt, these Terms apply to you regardless of whether you have a paid subscription, are currently accessing the Site through a free trial, or are currently accessing the Site without any paid or trial account. You also acknowledge that these Terms apply to any temporary access passes (including a free trial subscription) granted for use of the Site just the same as for fully paid subscriptions.
If you have any questions or concerns about the Site or these Terms, please contact our representatives at firstname.lastname@example.org or by mail at 152 Main Street, Westport, CT, 06880.
The Site and any content appearing on the Site is for information purposes only and should not be construed as legal, financial, accounting, investment, tax, or other professional advice or as an offer to buy or sell any securities.
We do not advise any person as to the advisability of investing in, purchasing or selling securities or other financial products or the suitability of any investment manager.
You acknowledge that you are knowledgeable and sophisticated in the area of investing, trading, market trends and business analysis.
You should consult with a financial advisor and legal and tax professionals to assist in conducting due diligence as may be appropriate prior to making any investment decision or hiring any investment manager.
Nothing in the Site constitutes an offer or solicitation of an offer to buy or sell any securities.
Any forward-looking statements presented within the Site are inherently uncertain and cannot be relied upon. Actual results could differ materially from those projected in such forward-looking statements.
As a condition of your access to and use of the Site, you represent and warrant that:
• You are over eighteen years of age and of legal age to form a binding contract with us;
• You will pay all service, telephone, data charges and/or other fees and costs associated with your use of the Site;
• You have not and will not provide false information or impersonate another person in your use of the Site;
• You will only use your own user name, email address, password, mobile phone number and other information to access any secured portion of the Site;
• You will maintain the confidentiality of your user name, email address and password at all times, and we will not be responsible for any lost or misused passwords or other information or for any unauthorized access occasioned by the foregoing;
• You will not assist anyone in gaining unauthorized access to the Site, including but not limited to any servers or accounts to which such person is not authorized to access;
• You will only attempt to access the areas of the Site which you have been authorized to access, and you will not log into any servers or accounts which you are not authorized to access; and
• You will notify us if you are aware of any unauthorized use of your user name, email address or password in an attempt to access the Site.
By using the Site, you agree not to do any of the following:
• You may not reproduce, redistribute, disseminate, publish or display content on the Site, in whole or in part, to any third parties without our prior written permission, except as may be required by law, regulation or legal process.
• Make use of any of our trademarks or service marks contained on the Site without our express written consent, which may be withheld in our sole discretion.
• Upload or transmit any communications or content of any kind that infringes or violates any rights of any party, including but not limited to, intellectual property, privacy and/or publicity rights.
• Use the Site for any purpose in violation of local, state, federal or international laws or regulations.
• Use the Site to distribute advertising or other unsolicited material.
• Forge any TCP/IP packet header or any part of the header information in any email or other posting.
• Use any scraper, spider, bot or other automated means to access the Site.
• Restrict or inhibit any other user from use and enjoyment of the Site, including, but not limited to, by means of hacking, overloading, “flooding,” “mailbombing,” “crashing,” submitting a virus to, damaging, disabling, impairing or defacing the Site.
• Probe, scan or test the vulnerability of a system or network associated with the Site.
• Remove any copyright, trademark or other proprietary rights notice from the Site.
• Engage in any other activity that we deem improper or abusive.
We reserve the right, but shall not be required, to monitor, edit or remove any content from the Site, and to suspend or deny access to the Site for scheduled or unscheduled maintenance, upgrades, improvements or corrections, in each case without notice for any reason or no reason and without your permission. We also reserve the right, in our sole discretion, to block your internet protocol address or terminate your account without refund for any activity we deem improper, abusive or otherwise in violation of these Terms.
Violation of our security rules may result in civil or criminal liability in addition to the termination of your access rights. We may investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Authorized Use of Content
The Site, including all content thereon, is owned by us, our suppliers or licensors and is protected by U.S. and international intellectual property laws. We authorize you to view and download a single copy of Site content, for which you have paid all required fees, solely for your personal and educational use.
You agree to maintain all copyright and other intellectual property notices included in any of our content.
You may not modify, decompile, disassemble, decrypt, extract or otherwise reverse engineer any of our content, or create derivative works based upon all or part of the content.
We reserve all rights not expressly granted to you in these Terms and no additional rights are granted by implication, estoppel or otherwise.
Third Party Content
You agree that we do not endorse and that we are not responsible for any third party content appearing on the Site and that we shall have no liability for any such content, including content that is false, misleading, abusive, defamatory or obscene or that violates any local, state, federal or international law or regulation or any rights of another individual or entity. You also agree that we are not responsible for the content of any other websites linked to the Site and that the inclusion of any link to such third party websites does not imply our endorsement of such websites. Your linking to any off-site pages or other websites is at your own risk. In addition, your use of third party websites will be subject to any terms of service and privacy policies of those third party websites.
Disclaimers and Limitations on Liability
THE SITE IS INTENDED TO BE A GENERAL INFORMATION RESOURCE ONLY AND YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, THAT THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS.
ANY FORWARD-LOOKING STATEMENTS PRESENTED WITHIN THE SITE ARE INHERENTLY UNCERTAIN AND CANNOT BE RELIED UPON. ACTUAL RESULTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED IN SUCH FORWARD-LOOKING STATEMENTS.
WE DO NOT WARRANT THE ACCURACY OF ANY INFORMATION PROVIDED ON THE SITE AND SUCH INFORMATION IS PROVIDED ON AN “AS IS” BASIS. WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE OR NON-INFRINGEMENT, REGARDING ANY CONTENT CONTAINED ON THE SITE. WE ASSUME NO RESPONSIBILITY FOR ANY DELETION, DELAY IN OPERATION OR TRANSMISSION, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF ANY INFORMATION PROVIDED BY YOU.
WE ASSUME NO RESPONSIBILITY FOR ANY PROBLEMS OR TECHNICAL MALFUNCTIONS OF ANY WIRELESS OR WIRED TELEPHONE NETWORK, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT OR SOFTWARE, INCLUDING ANY INJURY OR DAMAGE TO YOUR OR ANY OTHER PERSON’S COMPUTER, RELATED TO OR RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR DOWNLOADING ANY MATERIALS FROM THE SITE.
WE MAKE NO REPRESENTATIONS WITH RESPECT TO THE AVAILABILITY OF THE SITE OR THE LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE ON THE SITE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR OUR MATERIALS, INCLUDING LOST REVENUES, LOST PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS OR LOSS OF DATA OR INFORMATION.
Release and Indemnification
You agree to indemnify and hold harmless us and each of our employees, directors, officers, agents or other representatives and any service providers we engage to perform services in respect of these Terms from and against any and all costs, claims, actions, proceedings, losses, demands or liabilities (including reasonable legal fees and expenses and amounts paid in settlement) arising out of or relating to: (a) your material breach of any representation, warranty or covenant under these Terms; (b) your reliance on any of the content provided on the Site; or (c) your use of the Site (e.g., security breaches in respect thereof).
If you believe any material on the Site infringes upon any copyright which you own or control, or that any link on the Site directs users to another website that contains material that infringes upon any copyright which you own or control, please notify CTFN’s General Counsel Melissa Walker at email@example.com or 152 Main Street, Westport, CT, 06880.
Notifications should include the following information:
• Identification of material you claim to be infringed.
• Identification of material you claim to be infringing (including location on the Site).
• Your contact information.
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or law.
• A statement that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.
• A physical or electronic signature of the copyright owner or person authorized to act on the copyright owner’s behalf.
As soon as practical, we will investigate such claims and take appropriate action in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512, et seq. Any claims that material on the Site is defamatory or abusive towards you may be directed to the same contact. If your content was removed and you believe that the work is not infringing, that you are permitted to use the content pursuant to applicable law, or that you have the permission of the copyright owner to exploit your content, you may send a counter-notice to the same contact information above.
These Terms shall be governed by and construed in accordance with the laws of Connecticut, USA, without reference to any conflicts of law principles that would result in the application of the laws of another jurisdiction. You agree that any legal action or proceeding concerning your use of the Site shall be brought exclusively in a state or federal court located in Fairfield County, Connecticut, and you submit to the exclusive personal jurisdiction of such courts.
We may assign our rights and delegate our duties under these Terms to any party at any time without notice to you or any third party. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. The provisions of these Terms are severable. In the event that any court of competent jurisdiction determines that any provision is invalid or unenforceable, such validity and unenforceability shall not in any way affect the validity or unenforceability of the remaining provisions.