The effective date of these terms is when you register with Resource Capital.
- Account Registration. You will need to register on the Website or the App to access the Investment Advice. Registration is free. A limited set of features may be available to registered clients for no charge. The Investment Advice offered by Resource Capital is available to you for a flat fee. Please see the Investment Advisory Agreement for further details.
You will need to establish a user account name and password ("Login Information"). You agree and understand that you are responsible for maintaining the confidentiality of your Login Information and you agree to accept responsibility for all activities that occur under your Login Information. Resource Capital recommends that you change your password regularly and choose passwords that are hard to guess. Please maintain appropriate antivirus and anti-malware software on your computer, so that your Login Information is not compromised. You agree to notify us immediately if you learn of any unauthorized use of your account or suspect that your Resource Capital account has been compromised by contacting Resource Capital Tech Support. You are responsible for any losses to Resource Capital and others if you have accessed your account from a compromised device and that compromise leads to any accidental breach of security for Resource Capital.
- Use of the Site and App. You may use the Website, App and Investment Advice to make your personal investment choices. You MAY NOT use the Website, App and Investment Advice for any business or commercial purposes. You MAY NOT download, resell, reproduce, redistribute, retransmit, or publicly display ANY portion of the Website, App and Investment Advice. You MAY NOT reverse engineer any portion of the Website, App and Investment Advice. You MAY NOT modify any part of the Website, App and Investment Advice. Please read the following section carefully. It details all the conditions that Resource Capital requires its clients to read, acknowledge and agree in order to use the Website, App and Investment Advice.
- Prohibited/Unlawful use of the Website, Apps and Investment Advice. You agree that, you shall not (and you agree not to enable, encourage or allow any third party to) do the following:
- Use the Website, App or Investment Advice, intentionally or unintentionally, to violate any applicable local, state, national or international law.
- Use the Website, App or Investment Advice to conduct any illegal and/or criminal activities.
- Use the Website, App or Investment Advice for ANY commercial purposes. The Website, Apps or Investment Advices are strictly for personal use.
- Use the Website, App or Investment Advice unless you meet the eligibility requirements.
- Modify, adapt, copy, duplicate, translate or reverse engineer any portion of the Website, App or Investment Advice.
- Remove any copyright, trademark or other proprietary rights notices posted on the Website, App or Investment Advice.
- Use any robot, spider, webcrawler, scraper, deep-link, any site search/retrieval application or other automated device, process or any other means to access, retrieve or index any portion of the Website, App or Investment Advice.
- Gain unauthorized access to other accounts, servers or networks connected to the Website, App or Investment Advice, through hacking, password mining or any other means.
- Use any hardware device, software program or routine or algorithm that interferes with the proper working of, or otherwise attempt to interfere with the proper working of the Website, App or Investment Advice.
- Access, retrieve or index any part of the Website, App or Investment Advice for purposes of constructing or populating a searchable database of information.
- Reformat, frame or place pop-up windows over any portion of the Website.
- Transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature on or through the Website, App or Investment Advice.
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features implemented by Resource Capital.
- Create user accounts by automated means or under false or fraudulent pretenses.
- Impersonate any person or entity.
- Forge headers or manipulate identifiers or any other data.
- Use the Website, App or Investment Advice to violate the security of any computer network, crack passwords or security encryption codes, or transfer or store illegal material, including material deemed threatening or obscene.
- Copy or store any content or information displayed by Resource Capital for any use other than your own personal use.
- Transfer and/or resell any of Resource Capital Investment Advice, data, and content.
- Ownership and Copyright. All the contents and data displayed on the Website, App are owned by Resource Capital. Contents include but are not limited to the data, information, graphics, visualizations, photographs, tables, look and feel of the website and the mobile/tablet apps, text, images, videos, tutorials, blog entries, alerts, notices, software and any other content, which is protected by the copyright law of U.S., trademark and patent laws, intellectual property laws or subject to other proprietary rights. Resource Capital grants you a non exclusive, limited, royalty-free license to use the Content owned and provided by Resource Capital on and through the Website, App and Investment Advice, solely for your personal investment use as a Resource Capital client. All rights not granted herein remain with Resource Capital and its licensors. You do not have the right to any of our Content upon the termination of your Resource Capital registration. All product names and company logos, other than those of Resource Capital, are the trademarks or service marks of their respective owners and are not subject to this license grant. As indicated in the above section, you may not copy, reproduce or create derivative works from, upload, transmit, distribute, share, republish any of the Content without Resource Capital’s express written consent.
- Disclaimer of Representation and Warranty. For the purposes of this section and the Limitation of Liability section, the term Resource Capital indicates the company Resource Capital, its officers, and its employees. You acknowledge and agree to the above stated terminology.
THE WEBSITE, APP AND INVESTMENT ADVICE PROVIDED BY RESOURCE CAPITAL IS PROVIDED ON AN "AS IS", "AS AVAILABLE" and "WITH ALL FAULT" BASIS AND WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, REGARDING THE WEBSITE, ITS OPERATION, THE INVESTMENT ADVICE, SOFTWARE, THE OPERATION OF THE APP OR THE INFORMATION, CONTENT, REFERENCE MATERIAL CONTAINED THEREIN. RESOURCE CAPITAL EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
RESOURCE CAPITAL WILL NOT BE LIABLE FOR THE ACCURACY, RELIABILITY OF ANY DATA, INFORMATION OR CONTENT. RESOURCE CAPITAL IS ALSO NOT RESPONSIBLE OR LIABLE FOR ANY INVESTMENT ADVICE INTERRUPTIONS, OR FOR ANY FAILURE OR DELAY RESULTING FROM SITUATIONS BEYOND RESOURCE CAPITAL'S CONTROL. RESOURCE CAPITAL IS NOT RESPONSIBLE FOR ANY INTERNET OR TELECOMMUNICATIONS DISRUPTION OR FAILURE OR YOUR INABILITY TO ACCESS THE INVESTMENT ADVICE OR THE SITE OR THE APP.
THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT THE WEBSITE, APP OR INVESTMENT ADVICE WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, FREE FROM VIRUSES OR ANY OTHER HARMFUL CONTENT OR THAT ANY PROBLEMS WILL BE CORRECTED.
RESOURCE CAPITAL DOES NOT WARRANT THE QUALITY OR THE ACCURACY OR TIMELINESS OF ANY PRODUCTS, INVESTMENT ADVICE, INFORMATION, OR THE INVESTMENT RECOMMENDATIONS. RESOURCE CAPITAL IS NOT RESPONSIBLE FOR ANY ERRORS THAT ARE DUE TO OMMISSIONS ON YOUR PART, OR ANY INACCURATE INFORMATION SUBMITTED BY YOU OR ANY MISREPRESENTATION ON YOUR PART.
YOU AGREE THAT ANY DOWNLOADS OF CONTENT OR MATERIALS RELATED TO THE INVESTMENT ADVICE OR THE SITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM/SERVER/MOBILE/TABLET OR LOSS OF DATA OR LOSS OF YOUR SETTINGS THAT RESULT FROM THE DOWNLOAD OF OR ACCESS TO ANY SUCH MATERIALS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THROUGH OR FROM THE WEBSITE, APP OR INVESTMENT ADVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; ACCORDINGLY, SOMEOF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. RESOURCE CAPITAL SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, ANY BUSINESS INTERRUPTION, LOST OPPORTUNITY, LOSS OF DATA OR INFORMATION. RESOURCE CAPITAL IS NOT LIABLE FOR ANY FAILURE TO PERFORM OUR OBLIGATIONS, WHERE SUCH FAILURE RESULTS FROM CAUSES BEYOND OUR CONTROL. RESOURCE CAPITAL SHALL NOT BE DIRECTLY OR INDIRECTLY LIABLE FOR ANY INACCURACIES, ERRORS, DISCREPANCIES, IN THE PRICES OF SECURITIES AND OTHER FINANCIAL DATA OR ANY DELAYS OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT AND ANY LOSS THAT MAY ARISE FROM YOUR USE OF THE INVESTMENT ADVICE. DESPITE ANYTHING TO THE CONTRARY CONTAINED HEREIN AND EXCEPT AS PROHIBITED BY LAW, RESOURCE CAPITAL'S MAXIMUM AGGREGATED LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE WEBSITE, APP AND INVESTMENT ADVICE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE PRO-RATED FEES FOR THE REMAINDER OF YOUR CONTRACT. THIS LIMITATION OF LIABILITY DOES NOT IN ANY WAY REMOVE OR LIMIT ANY RIGHTS THAT THE CLIENT MAY HAVE UNDER FEDERAL SECURITIES LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF CERTAIN CATAGORIES OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Terminating your Account with Resource Capital. You may at any time terminate your account with Resource Capital. Termination will be effective at the end of the month in which notice of termination is given. To terminate, please email firstname.lastname@example.org and type "Account Cancellation Notice" in the subject line. After confirmation, we will remove all information pertaining to you including account, transaction, and login information. We will only retain those portions of your information as required by the law.
Last update effective as of April 1, 2016.