Terms of Service
Updated: April 11, 2019
Ownership of our Sites and Protection of Our Intellectual Property Rights
The contents of our Sites are intended for the personal, noncommercial use of our users. All Sites and Products are a property of Capital Intellect. All right, title and interest to the content displayed on the Sites, including but not limited to the Sites' look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of Capital Intellect, or the respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws. You hereby acknowledge that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Capital Intellect-generated content and content provided to Capital Intellect by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, Capital Intellect owns a copyright in the selection, coordination, arrangement and enhancement of all content and in the Services as a whole. Subject to your compliance with these Terms , and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Unless otherwise specified, modification or use of the content found on or accessed through the Sites for any other purpose, including use of any such content on any other Web Sites or networked computer environment is strictly prohibited.
The Services' name and logo are the exclusive property of Capital Intellect All other trademarks appearing on the Sites are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Except as expressly authorized by Capital Intellect, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Products or any content (including without limitation any software) available through the Sites.
Changes To This Agreement
Your use of the Services is also subject to any other posted policies, disclaimers and/or guidelines.
Your License to Access Content on Our Sites
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache and store content retrieved from the Sites via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Capital Intellect Sites or remove or obscure the copyright notice or other notices displayed on the Sites or the content available through the Sites. You may not reproduce, print, cache, store, distribute or otherwise use any content retrieved from the Sites for any commercial use without the prior written permission of Capital Intellect or the copyright holder identified in the relevant copyright notice.
You agree not to modify the Services in any manner or form, or to use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services or portions of the Services. You agree not to access the Services by any means other than through the interface that is provided by Capital Intellect for use in accessing the Services.
Except as expressly provided in these Terms , nothing contained herein or on the Sites shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of Capital Intellect's content or the content of any third party. Any rights not expressly granted herein are reserved to Capital Intellect.
No Automated Querying
You may not send automated queries of any sort to the Sites without express permission in advance from Capital Intellect. Note that "sending automated queries" includes, among other things:
using any software which sends queries to our Sites to determine how our Sites or webpage "ranks" for various queries;
performing "offline" searches on the Site.
You agree not to use the Site to:
Post any posting that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
Harm or threaten to harm users in any way;
"Stalk" or otherwise harass any other person or entity;
Impersonate any person or entity (including a Capital Intellect agent, enthusiast, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by Capital Intellect for such purpose;
Disseminate or transmit any Content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third party copyrighted materials, without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs;
Violate any law (whether local, state, national, or international), whether or not intentionally;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Posting;
Post any content that you do not have a right to under any law or under contractual or fiduciary relationship (which includes inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Interfere with or disrupt the Capital Intellect Services, SunstreamLabs.com, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
Collect or store personal data about other users;
Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
Post any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
You acknowledge that Capital Intellect does not pre-screen postings, content or other results or materials which may be accessible on or via the Site, but that Capital Intellect has the right, but not the obligation, to refuse to make available, to modify or to remove any postings, content, results or materials, or portions of any of the foregoing, in its sole discretion and at any time without notice.
You agree that your use of any information on the Sites is at your own risk, including any reliance on the accuracy, completeness, or usefulness of the information.
If you choose to make any submission or communication to Capital Intellect or to or via the Sites, you agree that Capital Intellect may copy, distribute, display, publish, modify or translate such submission for any purpose and in any medium worldwide without any obligation to compensate you or any other third party in any way for any such use. Capital Intellect may grant other parties these same rights as to the submission.
Links to Other Web Sites
A central part of the Sites includes links to other World Wide Web websites or resources. Because Capital Intellect has no control over such websites and resources, you acknowledge and agree that Capital Intellect is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Capital Intellect shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or resource. Finally, you acknowledge that such external websites usually have their own terms and conditions, including privacy policies, over which Capital Intellect has no control and which will govern your rights and obligations with respect to the use of those websites.
Your Contact With Advertisers Or Third Party Vendors
Your dealings with advertisers and third party vendors found on or through the Sites or any Products, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. Capital Intellect does not make any representations or warranties with respect to any goods or websites that may be obtained from such third parties, and you agree that Capital Intellect will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Sites. You acknowledge that such external websites usually have their own terms and conditions, including privacy policies, over which Capital Intellect has no control and which will govern your rights and obligations with respect to the use of those websites.
Compliance with Laws
You agree to comply with all applicable laws regarding your use of our Sites including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.
Modifications To Capital Intellect Services
Capital Intellect reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Sites (or any part thereof) with or without notice. You agree that Capital Intellect will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Capital Intellect Sites.
Termination of Your Access to Capital Intellect Services
You agree that Capital Intellect, in its sole discretion, may terminate your access to any of the Services, and/or remove, discard or modify any content within the services, for any reason, including, without limitation, for lack of use or if Capital Intellect believes that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Sites, Services or Products may be effected without prior notice, and acknowledge and agree that Capital Intellect may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or Services. If you use the Services in violation of these Terms, Capital Intellect may, in its sole discretion, retain all data collected from your use of the Services. Further, you agree that Capital Intellect shall not be liable to you or any third party for the discontinuation or termination of your access to the Services.
Information Disclaimer and Disclaimer of Warranties
BY USING THE CAPITAL INTELLECT SITE OR RELATED SERVICES YOU UNDERSTAND AND AGREE THAT:
THE CAPITAL INTELLECT SERVICES ARE PROVIDED FOR PERSONAL AND INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITES IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. CAPITAL INTELLECT AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON THE SITES.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE CAPITAL INTELLECT SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CAPITAL INTELLECT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
CAPITAL INTELLECT MAKES NO REPRESENTATION OR WARRANTY THAT THE CAPITAL INTELLECT SITES, SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE THEREOF WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE CAPITAL INTELLECT SERVICES WILL MEET YOUR NEEDS.
ANY MATERIAL OBTAINED THROUGH THE USE OF THE CAPITAL INTELLECT SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITES, OR THROUGH OR FROM THE PRODUCTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.
Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT CAPITAL INTELLECT IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE CAPITAL INTELLECT SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND SITESS, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES, (5) RELIANCE ON CONTENT OR POSTINGS ON THE SITES, OR (6) ANY OTHER MATTER RELATING TO THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT CAPITAL INTELLECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL CAPITAL INTELLECT'S DIRECT LIABILITY HEREUNDER EXCEED $100.00.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification of Capital Intellect
You agree to indemnify and hold Capital Intellect's subsidiaries, and affiliates, and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) content you submit or that is submitted from your account, (b) your use of or reliance on the Capital Intellect Services, (c) your connection to the Sites, (d) your violation of these Terms , or (e) your violation of any rights of another party.
Third Party Intellectual Property; Copyright Notifications
Capital Intellect respects the intellectual property of others, and we ask our users to do the same. Capital Intellect may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. Capital Intellect will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Capital Intellect's Copyright Agent with a written notification containing at least the following information (please confirm these requirements with your legal counsel, or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Sites, sufficient for Capital Intellect to locate the material;
your address, telephone number, and email address;
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 the law; and
a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you believe that your work has been removed or disabled by mistake or misidentification, please provide the Capital Intellect's Copyright Agent with a written counter-notification containing at least the following information (please confirm these requirements with your legal counsel or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):
a physical or electronic signature of the subscriber/user of the Site or related services;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement made under penalty of perjury that the subscriber/user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
the subscriber/user's name, address, telephone number, and a statement that the subscriber/user consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber/user's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber/user will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
You acknowledge that if you fail to comply with all of the aforementioned notice requirements, your notification or counter-notification may not be valid and that Capital Intellect may ignore such incomplete or inaccurate notices without liability of any kind.
Under Section 512(f) of the Copyright Act, 17 U.S.C. §512(f), any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
Please contact Capital Intellect's Copyright Agent for copyright/intellectual property infringement notifications or counter-notifications at:
Capital Intellect Inc.
P.O. Box 51607
Boston, MA 02205
Attn: Legal Dept. - Copyright Agent
No Other Agreements Between Us
Law Applicable to Interpretations and Disputes
This Agreement and the relationship between you and Capital Intellect are governed by the laws of the State of Massachusetts without regard to its conflict of law provisions. You and Capital Intellect agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of Suffolk County, Massachusetts.
Severability of This Agreement
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Limitation of Actions Brought Against Capital Intellect
You agree that any claim or cause of action arising out of your use of the Services or these Terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Capital Intellect to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
If you have any questions or concerns with respect to these Terms or our Services, you may contact Capital Intellect at:
Capital Intellect Inc.
P.O. Box 51607
Boston, MA 02205
Attn: Legal Dept. - Copyright Agent
END OF DOCUMENT.