Terms of Use

The effective date of these terms is when you register with Resource Capital.

Resource Capital Management, LLC, ("Resource Capital", "we", "us", "our") offers you ("you", "Client") a variety of tools and investment recommendations to help you manage your portfolio in a manner aligned with your stated goals and risk sensitivities. The following terms of service (the "Terms of Use") constitute a legal binding contract between you and Resource Capital regarding your use of our website, www.resourcecapitalmgt.com or the mobile version of our website ( collectively the "Website"), the Resource Capital and mobile applications available on mobile devices and/or tablet devices (the "Apps") and any information and Investment Advice provided by Resource Capital or displayed on the Website and/or App in connection with the investment advisory services provided by Resource Capital (the "Investment Advice ").

Please read our Terms of Use, the Investment Advisory Agreement and the Privacy Policy before accessing or using any of the Website, App or Investment Advice.

BY ACCESSING THE WEBSITE AND/OR THE APP, REGISTERING WITH US, BROWSING ANY OF THE INFORMATION PROVIDED BY RESOURCE CAPITAL AND BY CLICKING THE ACCEPT BUTTON/ICON, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND CONSENT TO BE BOUND BY OUR TERMS AND CONDITIONS AND GUIDELINES AS SET OUT IN THE TERMS OF USE, THE INVESTMENT ADVISORY AGREEMENT AND THE PRIVACY POLICY. IF YOU DO NOT AGREE TO OUR TERMS OF USE, ADVISORY AGREEMENT AND PRIVACY POLICY, PLEASE DO NOT USE THE WEBSITE, APP OR INVESTMENT ADVICE.

Eligibility

You must be 18 years of age or the legal age in your jurisdiction, to be able to form a binding contract with Resource Capital when registering with Resource Capital and using our Investment Advice. If you are under the age of 18, you may use Resource Capital ONLY IN CONJUNCTION WITH PERMISSION AND UNDER THE SUPERVISION of your parent and/or guardian. Please do not use Resource Capital and its Investment Advice if you are under the age of 18. By accepting the Terms of Use, Advisory Agreement and/or by using the Investment Advice, you represent that you have the capacity to be and agree to be bound by our Terms of Use, Advisory Agreement and Privacy Policy.

  1. Changes to the Terms. Resource Capital reserves the right to amend or modify the Terms of Use at any time. You will be notified of the material changes by email and the changes will be reflected in the Terms of Use. Your continued use of the Website, the App, or the Investment Advice after the modification of terms constitutes acceptance of the updated Terms of Use. Any new feature, app, Investment Advice or enhancements, implemented after your initial access will be subject to the Terms of Use.

If you do not agree with the Terms of Use, Advisory Agreement and our Privacy Policy please do not use the Website, App or Investment Advice. Please keep checking the Terms of Use periodically to acquaint yourself with any changes to the Terms of Use.

  1. 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.

During the registration process you will need to provide personally identifiable information. You acknowledge and agree that the information you provide to Resource Capital upon registration and, at all future times, will be true, accurate, current, and complete. For more information about our privacy policies, please see our Privacy Policy which is hereby incorporated by reference in this terms of Use.

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.

Please see the Privacy Policy for further details about security measures adopted by Resource Capital.

  1. 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.
  1. 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.
  • Add or use ActiveX, Java, Javascript, cookies, web beacons or other tracking technologies to hack the Website, App or Investment Advice.
  • 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.

Unauthorized access to the Website, App or Investment Advice will be considered as a breach of these Terms of Use and a violation of law. You agree not to access the Website, App or Investment Advice by any means other than through the interfaces that we provide to you. Any illegal or unauthorized uses of the Website, App or Investment Advice will be investigated and subject to the appropriate legal action, including, without limitation, civil, criminal and/or injunctive redress.

  1. 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.
  1. 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.

  1. 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.

  1. You agree to indemnify, defend and hold Resource Capital and all its officers, directors, employees, agents, information providers and licensors harmless from and against any and all third-party claims, damages, liability and costs, debts, expenses (including attorneys' fees and costs/expenses) incurred by any of these parties that arise out of or are caused by your (i)use of the Website, App or Investment Advice, (ii) your violation of the Terms of Use and or Advisory Agreement, (iii) your infringement of any intellectual property rights or (iv) breach by any user of your account by way of your negligence in protecting your Login Information. Resource Capital reserves the right at your expense to defend and control any matter for which you have agreed to indemnify us. You agree not to settle any matter without the prior consent of Resource Capital.
  1. 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 advisor@resourcecapitalmgt.com 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.

Resource Capital reserves the right to terminate your account if as determined by Resource Capital in its discretion, (1) you are found to have breached any provision of the "Terms of Use" and the "Advisory Agreement", (2) if you no longer agree to the terms and conditions set by Resource Capital, or (3)you have acted in an unlawful manner.

  1. Governing Law. This Terms of Use and any Investment Advice provided by Resource Capital will be governed exclusively by the laws of the State of Nevada, except in such instances where federal securities law is applicable.
  1. You unconditionally agree to the exclusive jurisdiction and venue of state courts in the County of Washoe, Nevada with respect to any arbitration, dispute or litigation arising from this Terms of Use or any of our Investment Advice except when the matter under consideration falls under the jurisdiction of federal securities law.
  1. If any provision of this Terms of Use is found to be unlawful or for any reason unenforceable, then that provision shall be deemed severable from this Terms of Use shall in no way affect the validity or enforceability of any and all other provisions stated in this Terms of Use.
  1. These Terms of Use may not be changed, waived or modified except by Resource Capital as provided herein or otherwise by written instrument signed by Resource Capital. Neither Resource Capital nor you have the right to assign or transfer these Terms of Use, or any right, obligation, or remedy hereunder, to any other entity without the prior written consent of the other party. Any such transfer will be regarded as void. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Resource Capital shall have no liability under these Terms of Use to the extent arising from any failure of Resource Capital to perform any of its obligations under these terms of Use due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes, or any other event not within Resource Capital's reasonable control. To the extent any provision herein is found to be invalid or unenforceable, such term shall be severable from the Terms of use and shall not impact the validity or enforceability of the other terms.

Last update effective as of April 1, 2016.