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Fisher Capital Terms of Service
Effective Date: July 20, 2020
Last Modified: July 20, 2020
This Terms of Service (“TOS”) is a legally binding agreement made by and between Fisher Capital (“we” or “us”) and you, personally and, if applicable, on behalf of the entity for whom you are using this Web Site (collectively, “you”). This TOS governs your use of the fishercapitalgroup.com Web Site (“Web Site”) and the services we offer on the Web Site (“Services”), so please read it carefully.
BY ACCESSING OR USING ANY PART OF THE WEB SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS TOS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEB SITE. FISHER CAPITAL RESERVES THE RIGHT TO CHANGE TERMS OF SERVICE FROM TIME TO TIME BY POSTING UPDATES ON THIS Web Site, CHECK BACK PERIODICALLY. USE OF THE WEB SITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THIS TOS THAT MAY BE POSTED ON THE WEB SITE.
1. Your Acceptance Of Terms:
(a) Acceptance: Confirming an order in any form with Fisher Capital binds you to the Terms and Conditions set forth in the Shipping
and Transaction Agreement.
(b) Description of Services: Fisher Capital guarantees authenticity of all items for delivery in accordance with Fisher Capital’s Shipping and Transaction Agreement
(c) Eligibility: The Web Site forms a legally binding contract under applicable law with any and all individuals or entities that are legally able to conform to such contract. Ineligible individuals or entities shall not view or utilize this Web Site in any form. You must be 18 years of age or older to use this Web Site. Use of this Web Site shall be deemed a representation that you are age 18 or older. We require that all purchases be made by individuals 18 years of age or older.
(d) Registration Obligations: You must check your personal information to make sure it is current and correct before transacting with Fisher Capital. It is your responsibility if personal information that is not correct was submitted in a transaction to Fisher Capital and delivery was made to a wrong address or lost.
(e) Inquiries and Complaints: Questions or comments that you may have should be submitted to the customer service email address listed on the home page and contact page or call (800) 363-4492 during business hours (7:00 am – 7:00 pm PST).
(f). Conduct: All use of profanity or slander of Fisher Capital or any competitor on this site or in any email will result in termination of any of the registered user benefits.
(g) License and Restrictions: In accordance to and subject with the terms and conditions of this TOS, you are granted a limited, non-exclusive right to view the content and materials on our Web Site in the normal course of your use of the Web Site. Fisher Capital retains ownership of our intellectual property and you will not obtain any rights therein by virtue of this TOS or otherwise, except as expressly set forth in this TOS.
2. Copyright Notice: In your use of the Web Site, you may not infringe on the copyright of Fisher Capital. The artwork, logos, texts, photos, video, software, coding, design, architecture, music, sounds and environments used or in association with this Web Site, (collectively and individually called the “Content”) are the property of or used with permission by Fisher Capital and are protected by copyright laws and other proprietary laws. You may not (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) disrupt or interfere with the security or use of the Web Site or any Web Sites linked to the Web Site; (iii) interfere with or damage the Web Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (iv) impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) us, or use a false identity; (v) attempt to obtain unauthorized access to the Web Site; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users or the Web Site without their or our express written consent; (viii)
submit false or misleading information to us; (ix) violate any law, rule, or regulation; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Web Site; or (xi) assist or encourage any third party in engaging in any activity prohibited by this TOS. Copyright © 2020 Fisher Capital. All Rights Reserved.
4. Trademarks and Domain Name: All trademarks, service market, business and trading names, and domain names, (collectively and individually called “Marks”) displayed and used in association with Fisher Capital and this Web Site, whether registered or unregistered, are the property of Fisher Capital. Use of Marks are prohibited in all instances without the express prior written consent of Fisher Capital.
5. Accuracy: Fisher Capital attempts to ensure that the information on the Web Site is complete and accurate. Information on the Web Site may contain errors. We assume no responsibility for such mistakes. We reserve the rights to revoke any offer stated on the Web Site; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to Content.
6. Security: We employ measures designed to ensure the security of the Web Site, but, as provided below, make no guarantees in this regard.
8. Linking and Framing: You may not deep link to portions of the Web Site, or frame, inline link, or similarly display any of our property, including, without limitation, the Web Site. You may not use any of our logos or other trademarks as part of a link without express written permission.
9. Comments: All comments compliant with this TOS that you generate, submit or offer to us in connection with your use of the Web Site (collectively, “Comments”) will become our exclusive property. You are and shall remain solely responsible for the content of any Comments you make.
10. DISCLAIMER; LIMITATION OF LIABILITY: EXCLUSION OF DAMAGES. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES CONNECTED WITH THE USE OF THE WEB SITE.
11. Force Majeure: We will not be liable for failing to perform under this TOS because of any event beyond our reasonable control without limitation.
12. Arbitration: Any and all dispute emanating or relating from agreement to this TOS or use of this Web Site shall be resolved under binding and confidential arbitration held in Los Angeles, California. The arbitrator’s award will be binding and may enter as a judgment in any court holding competent jurisdiction.
13. WAIVER OF CLASS ACTION RIGHTS: IN ENTERING INTO AGREEMENT, UNDERSTANDING AND ACCEPTANCE OF THIS TOS YOU IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS CONNECTED WITH THIS TOS MUST BE INDIVIDUALLY ASSERTED.
14. No Legal or Tax Advice: No statements in the Web Site or by Fisher Capital offer recommendations or advice for investments, legal issues or tax issues. You are responsible for all decisions and encouraged to seek professional, licenced and competent advisors in relevant fields.