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Legal
IMPORTANT - BEFORE INSTALLING, ACCESSING, OR USING ANY PART OF THE
FOUR PEAKS FINANCIAL SERVICES, LLC ("FOUR PEAKS") WEB SITE
LOCATED AT WWW.FOURPEAKSFINANCIALSERVICES.COM SITE AND ANY PROGRAMS,
SERVICES, PRODUCTS, MATERIALS, DOCUMENTATION, AND INFORMATION AVAILABLE
THROUGH THE SITE OR USED IN CONNECTION THEREWITH (COLLECTIVELY, THE
"SITE"), YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS
CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (THE "TOS")
CAREFULLY AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS SITE. FOUR
PEAKS IS WILLING TO LICENSE THE USE OF THE SITE TO YOU ONLY ON THE
CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED
IN THIS TOS. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED
PERMISSION BY FOUR PEAKS TO ACCESS OR OTHERWISE USE THIS SITE AND
ARE INSTRUCTED TO EXIT THIS SITE IMMEDIATELY.
1. LICENSE GRANT. This Site is provided by Four Peaks. This TOS
provides you, a "User", with a personal, revocable, limited,
non-exclusive, royalty-free, nontransferable license to use this
Site conditioned on your continued compliance with the terms and
conditions of this TOS. You may print and download materials and
information from this Site solely for your personal use, provided
that all hard copies contain all copyright and other applicable
notices contained in such materials and information. This TOS is
a license and not an assignment or sale. Any rights granted hereby
are licensed and not sold or otherwise transferred to you. Accordingly,
you expressly acknowledge and agree that Four Peaks transfers no
ownership or intellectual property interest in and to the Site to
you or anyone else.
2. USER OBLIGATIONS. By installing, accessing, or using this Site,
you represent that you are at least eighteen (18) years of age and
will, at all times, provide true, accurate, current, and complete
information when submitting information or materials on this Site,
including, without limitation, when you provide information via
a Site registration form. If you provide any false, inaccurate,
untrue, or incomplete information, Four Peaks reserves the right
to terminate your access and use of this Site. In addition, you
agree to abide by all applicable local, state, national, and international
laws and regulations with respect to your use of this Site and agree
not to interfere with the use and enjoyment of this Site by other
Users and Four Peaks’ operation or management of this Site.
Moreover, you agree not to impersonate any other person or entity,
whether actual or fictitious, including impersonating an employee
or representative of Four Peaks, when using this Site.
Use of the Internet and this Site is solely at your own risk and
is subject to all applicable local, state, national, and international
laws and regulations. While Four Peaks has endeavored to create
a secure and reliable Site, you should understand that the confidentiality
of any communication or material transmitted to/from the Site over
the Internet or other global communication network cannot be guaranteed.
Moreover, you understand that the technical processing and transmission
of the Site may involve transmission over various networks. Accordingly,
Four Peaks is not responsible for the security of any information
transmitted via the Internet, the accuracy of the information contained
on the Site, or for the consequences of any reliance on such information.
You assume sole and complete risk for using this Site and must make
your own determination as to these issues.
3. LICENSE GRANT RESTRICTIONS. Notwithstanding the foregoing, you
may not modify, alter, translate, decompile, create derivative work(s)
of, copy, distribute, disassemble, broadcast, transmit, reproduce,
publish, remove or alter any proprietary notices or labels, license,
sublicense, transfer, sell, mirror, frame, exploit, rent, lease,
grant a security interest in, transfer any right(s) in, or otherwise
use in any manner not expressly permitted herein the Site. Moreover,
you may not (i) use any "deep link," "page scrape,"
"robot," "spider," or other automatic device,
program, algorithm, or methodology, or any similar or equivalent
manual process, to access, acquire, copy, or monitor any portion
of the Site or in any way reproduce or circumvent the navigational
structure or presentation of the Site to obtain or attempt to obtain
any materials, documents, or information through any means not purposely
made available through the Site, (ii) attempt to gain unauthorized
access to any portion or feature of the Site or any other systems
or networks connected to the Site or to any Four Peaks server or
to any of the services offered on or through the Site, by hacking,
password "mining," or any other illegitimate means, (iii)
probe, scan, or test the vulnerability of the Site or any network
connected to the Site, nor breach the security or authentication
measures on the Site or any network connected to the Site, (iv)
reverse look-up, trace, or seek to trace any information on any
other user of or visitor to the Site, (v) take any action that imposes
an unreasonable or disproportionately large load on the infrastructure
of the Site or Four Peaks’ systems or networks or any systems
or networks connected to the Site, (vi) use any device, software,
or routine to interfere with the proper working of the Site or any
transaction conducted on the Site, or with any other person's use
of the Site, and (vii) forge headers or otherwise manipulate identifiers
in order to disguise the origin of any message or transmittal you
send to Four Peaks on or through the Site. WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES,
PROGRAMS, PRODUCTS, OR MATERIALS PROVIDED BY FOUR PEAKS TO ANY OTHER
SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED. Actual or attempted unauthorized use of the
Site may result in criminal and/or civil prosecution, including,
without limitation, punishment under the Computer Fraud and Abuse
Act of 1986. Four Peaks reserves the right to view, monitor, and
record activity on the Site without notice or permission from you.
Any information obtained by monitoring, reviewing, or recording
is subject to review by law enforcement organizations in connection
with investigation or prosecution of possible criminal activity
on the Site. Four Peaks will also comply with all court orders involving
requests for such information. In addition to the foregoing, Four
Peaks reserves the right to at any time, and without notice, to
modify, suspend, terminate, or interrupt operation of or access
to the Site, or any portion of the Site, for any reason.
4. TERMS AND TERMINATION. This TOS will take effect at the time
you begin accessing, or using this Site, whichever is earliest.
Four Peaks reserves the right at any time and for any reason to
deny you access to the Site or to any portion thereof and to terminate
this TOS. This TOS will terminate automatically if you fail to comply
with the limitations described herein. Termination will be effective
without notice. You may terminate at any time by ceasing to use
the Site, but all applicable provisions of this TOS will survive
termination, as outlined below. Upon termination, you must destroy
all copies of any aspect of the Site in your possession. The provisions
of this TOS concerning proprietary and intellectual property rights,
submissions, events beyond Four Peaks’ control, confidentiality,
indemnity, representations and warranties, disclaimers of warranty
and liability, availability of records, admissibility of this TOS,
termination, and governing law will survive the termination of this
TOS for any reason.
5. PROPRIETARY RIGHTS. All text, graphics, user interfaces, visual
interfaces, photographs, sounds, artwork, computer code (including
html code), programs, software, products, information, and documentation
as well as the design, structure, selection, coordination, expression,
"look and feel," and arrangement of any content contained
on or available through the Site, unless otherwise indicated, are
owned, controlled, and licensed by Four Peaks and are protected
by law including, but not limited to, United States copyright, trade
secret, patent, and trademark law, as well as other state, national,
and international laws and regulations. Except as expressly provided
herein, Four Peaks does not grant any express or implied right to
you or any other person under any intellectual or proprietary rights.
Accordingly, your unauthorized use of this Site may violate intellectual
property or other proprietary rights laws as well as other laws,
regulations, and statutes. Please be aware that Four Peaks actively
and aggressively enforces its intellectual property rights to the
fullest extent of the law. This Site is Copyright © 2006 Four
Peaks Financial Services, LLC and/or its licensors. All rights reserved.
Four Peaks also owns a copyright in the contents of the Site as
collective work and/or compilation and in the selection, coordination,
arrangement, and enhancement of the content of this Site. Any software
and other downloadable or printable programs, information, or materials
available through this Site and all copyrights, trade secrets, and
know-how related thereto, unless otherwise indicated, are owned
by Four Peaks. Four Peaks, Four Peaks Financial Services, the Four
Peaks logo, and all other names, logos, and icons identifying Four
Peaks and its products and services are proprietary trademarks of
Four Peaks, and any use of such marks without the express written
permission of Four Peaks is strictly prohibited. Other product and
company names mentioned herein may be the trademarks and/or service
marks of their respective owners.
6. PRIVACY POLICY. Four Peaks considers your personal identifying
information to be private and operates this Site by keeping any
collected personal identifying information confidential. Nevertheless,
you understand, acknowledge, and agree that the operation of certain
portions of the Site requires the submission, use, and dissemination
of various personal identifying information. Accordingly, if you
wish to access and use those areas of the Site, you acknowledge
and agree that your use of this Site will constitute acceptance
of Four Peaks’ personal identifying information collection
and use practices. Please see Four Peaks’ Privacy Policy for
a summary of Four Peaks’ personal identifying information
collection and use practices.
7. FORWARD LOOKING STATEMENTS. This Site may from time to time contain
or provide links to certain forward-looking statements - within
the meaning of the Private Securities Litigation Reform Act of 1995
which includes all statements that address operating performance
or events or developments that Four Peaks expects or anticipates
will occur in the future. Forward-looking statements may be identified
by the use of words like "plan," "expect," "believe,"
"intend," "will," "anticipate," "estimate"
and other words of similar meaning. Forward-looking statements are
based on current expectations of future events. The forward-looking
statements contained in the Site are and will be based on Four Peaks
then current views and assumptions and speak only as of the date
upon which they were originally published. All forward-looking statements
contained in the Site are subject to certain risks and uncertainties.
If underlying assumptions prove inaccurate or unknown risks or uncertainties
materialize, actual results could vary materially from expectations
and projections. Furthermore, Four Peaks undertakes no obligation
to update or revise any forward-looking statements whether as a
result of new information, future events and developments or otherwise.
You are therefore cautioned not to place any reliance on any forward-looking
statements contained in this Site.
8. PRESS/NEWS RELEASES. Four Peaks will from time-to-time release
press/news releases, which are offered as a service for informational
purposes. Please note that all information is accurate as of the
date of the release and may not be accurate on the date upon which
you are viewing this Site. Your reliance on or use of any information
contained in a press/news release is at your own risk.
9. SUBMISSIONS. Four Peaks welcomes your feedback and suggestions
about how to improve this Site. By transmitting any suggestions,
information, material, or other content (collectively, "feedback")
to Four Peaks, you represent and warrant that such feedback does
not infringe the intellectual property or proprietary rights of
any third party (including, without limitation, patents, copyrights,
or trademark rights) and that you have all rights necessary to convey
such feedback to Four Peaks. In addition, any feedback received
through this Site will be deemed to include a royalty-free, perpetual,
irrevocable, transferable, non-exclusive right and license for Four
Peaks to adopt, publish, reproduce, disseminate, transmit, distribute,
copy, use, create derivative works, and display (in whole or in
part) worldwide, or act on such feedback without additional approval
or consideration, in any form, media, or technology now known or
later developed for the full term of any rights that may exist in
such content, and you hereby waive any claim to the contrary.
10. THIRD PARTY PRODUCTS/SERVICES. You acknowledge and agree that
this Site may feature materials, products, and services provided
by Users and third parties. Four Peaks makes no representations
with respect to, nor does it guarantee or endorse, the quality,
non-infringement, accuracy, completeness, timeliness, reliability,
or correct sequencing of such third party materials, products, and
services or any other materials, products, and services which such
third party materials, products, and services may access. Four Peaks
expressly disclaims responsibility and liability for all third party
provided materials, products, and services contained on or accessed
through the Site.
11. ADVERTISERS ON THIS SITE. Four Peaks, in its sole discretion,
may post the advertisements of third parties on this Site. Your
correspondence or any other dealings with advertisers found on this
site are solely between you and such advertiser. You agree that
Four Peaksshall not be responsible for any loss or damage of any
sort incurred as a result of any such dealings or as the result
of the presence of such advertisers on this Site. Moreover, Four
Peaks shall not be responsible or liable for the statements or conduct
of any third party on this Site.
12. LINKS TO OTHER SITES. Four Peaks may provide links, in its sole
discretion, to other sites on the World Wide Web for your convenience
in locating related information, products, and services. These sites
have not necessarily been reviewed by Four Peaks and are maintained
by third parties over which Four Peaks exercises no control. Accordingly,
Four Peaks expressly disclaims any responsibility for the content,
the materials, the accuracy of the information, and/or quality of
the products or services provided by or advertised on these third
party web sites. Moreover, these links do not imply an endorsement
with respect to any third party or any web site or the products
or services provided by any third party.
13. LINKS TO THIS SITE. Four Peaks encourages and permits text links
to this Site and its content. Four Peaks is an organization committed
to the highest ethics and standards and therefore, any links to
this Site should not suggest that Four Peaks promotes or otherwise
endorses any third party products, services, causes, campaigns,
web sites, content, or information. Moreover, no link may be used
for commercial or fundraising purposes. Four Peaks also reminds
you that a link may not use or include any Four Peaks logos, content,
or designs without the express written consent of Four Peaks.
14. DISCLAIMER. WHILE FOUR PEAKS ENDEAVORS TO PROVIDE THE MOST ACCURATE,
UP-TO-DATE, AND RELIABLE INFORMATION, SERVICES, PROGRAMS, PRODUCTS,
SOFTWARE, SERVICES, AND MATERIALS AVAILABLE, THE INFORMATION, SERVICES,
PROGRAMS, PRODUCTS, SOFTWARE, SERVICES, AND MATERIALS AVAILABLE
ON OR THROUGH THIS SITE ARE PROVIDED ON AN "AS-IS" AND
"AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS,
OR OTHER INACCURACIES. MOREOVER, FOUR PEAKS MAY MAKE MODIFICATIONS
AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, SERVICES, PROGRAMS,
PRODUCTS, SOFTWARE, SERVICES, AND MATERIALS DESCRIBED IN OR AVAILABLE
THROUGH THIS SITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE
SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES,
PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE ON OR THROUGH
THIS SITE. FOUR PEAKS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT
THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILTY, LEGALITY,
OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SERVICES,
AND MATERIALS DESCRIBED ON OR AVAILABLE THROUGH THIS SITE FOR ANY
PURPOSE. FOUR PEAKS ALSO DOES NOT WARRANT THAT THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
15. LIMITATION OF LIABILITY. IN NO EVENT SHALL FOUR PEAKS AND ITS
AFFILIATES AND ALL OF THEIR EMPLOYEES, AGENTS, DIRECTORS, OFFICERS,
PROPRIETORS, PARTNERS, REPRESENTATIVES, SHAREHOLDERS, SERVANTS,
ATTORNEYS, PREDECESSORS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE
OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION,
SERVICES, PROGRAMS, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE
THROUGH THIS SITE, OR FOR ANY LOST PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM,
OR OTHERWISE ARISING OUT OF UTILIZATION OF THIS SITE, WHETHER BASED
IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF FOUR
PEAKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY
SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO
YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE
INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY
OF FOUR PEAKS UNDER SUCH CIRCUMSTANCES SHALL NOT EXCEED, ONE HUNDRED
($100.00) DOLLARS IN THE AGGREGATE. IF ANY REMEDY HEREUNDER IS DETERMINED
TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY,
DISCLAIMERS AND EXCLUSIONS OF WARRANTIES AND DAMAGES SET FORTH IN
THIS AGREEMENT SHALL REMAIN IN EFFECT.
16. INDEMNITY. You agree to defend, indemnify, and hold harmless
Four Peaks and its affiliates and all of their employees, agents,
directors, officers, proprietors, partners, representatives, shareholders,
servants, attorneys, predecessors, successors, and assigns from
and against any and all claims, proceedings, damages, injuries,
liabilities, losses, costs, and expenses (including reasonable attorneys'
fees and litigation expenses), relating to or arising from your
use of the Site, any breach by you of this TOS, or the submission
by you of any material via the Site. Four Peaks reserves the right
to take over the exclusive defense of any third party claim or action
and in such event, you shall provide Four Peaks with such cooperation
as is reasonably requested by Four Peaks. You hereby release Four
Peaks and its affiliates and all of their employees, agents, directors,
officers, proprietors, partners, representatives, shareholders,
servants, attorneys, predecessors, successors, and assigns from
claims, demands and damages of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with your use of the Site.
17. GENERAL PROVISIONS. This TOS, Four Peaks’ Privacy Policy,
and any related or associated service or software license agreements,
which are all hereby incorporated by reference as if set forth fully
herein, represent the entire agreement between you and Four Peaks
with respect to use of the Site, and it supersedes all prior or
contemporaneous communications and proposals, whether electronic,
oral, or written between you and Four Peaks with respect to this
Site. Please note that Four Peaks reserves the right to change the
terms and conditions of this TOS and under which this Site and its
many offerings are extended to you by posting a revised TOS and
mailing notice thereof to you. In addition, Four Peaks may add or
delete any aspect of this Site. Your continued use of this Site
following any change will be conclusively deemed acceptance of any
change to the terms and conditions of this TOS. Accordingly, please
review the TOS found at this location on a periodic basis. This
TOS has been made in and will be construed and enforced in accordance
with the laws of the State of Arizona as applied to agreements entered
into and completely performed in the State of Arizona. Any cause
of action related to use of this Site must be commenced within (1)
year after the claim or cause of action arises or is otherwise reasonably
known. The sole jurisdiction and venue for any litigation arising
out of this TOS shall be an appropriate federal or state court located
in Arizona, and the parties agree not to raise, and waive, any objections
or defenses based upon venue or forum non conveniens, except that
Four Peaks may seek temporary injunctive relief in any venue of
its choosing. This Site is controlled and operated by Four Peaks
from its offices within the United States. Four Peaks makes no representation
that the Site is appropriate or available for use in other locations,
and access to the Site from territories or nations where any aspect
of the Site is illegal is prohibited. You access this Site on your
own volition and are responsible for compliance with all applicable
local laws. Failure to insist on strict performance of any of the
terms and conditions of this TOS will not operate as a waiver of
any subsequent default or failure of performance. No waiver by Four
Peaks of any right under this TOS will be deemed to be either a
waiver of any other right or provision or a wavier of that same
right or provision at any other time. If any part of this TOS is
determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and
the liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision
that most clearly matches the intent of the original provision and
the remainder of this TOS shall continue in effect.
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