Use and Acceptance
This website (the “Site”) along with any tools and/or services offered and/or provided by Private Capital Management, LLC ( “PCM” or “we” or “our”) through our Site, are offered to you conditioned upon your acceptance without modification of these Terms and Conditions. By accessing our Site, you agree to be bound by the Terms and Conditions below. Please read these Terms and Conditions carefully. If you do not agree to these Terms and Conditions, you may not use our Site.
Modification
We may change these Terms and Conditions from time to time without notice to you. You should review these Terms and Conditions each time you use our Site to make sure you agree to them. By using our Site after changes have been made to these Terms and Conditions, you are agreeing to accept and comply with those changes.
Use of Information and Materials
The information and materials contained in the pages on our Site, and the terms, conditions, content, products, services and descriptions that appear on the Site, are subject to change. Unauthorized use of the Site, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. Your eligibility for a particular product or service is subject to our final determination.
We reserve the right to prohibit access to anyone whom we determine are violating these Terms and Conditions, restricting or inhibiting any other user from enjoying the Site, or whose conduct we reasonably determine may constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
Copyrights, Trademarks and Other Intellectual Property
The Site may contain copyrighted works and trademarks and other proprietary material owned by PCM or our third party content providers. You may use the information available from our Site for informational purposes only. You may download copyrighted materials for your personal or internal business purposes only. The availability of third party data from or through the Site is not to be used as a substitute for a license or services agreement directly with the relevant third party content provider. Except as stated above, you may not copy, reproduce, publish, post, transmit, display, store, sublicense, transfer or distribute material or images from the Site without our express written permission or that of our content providers, as applicable (“Permission”). You may not modify, alter, revise, paraphrase, omit, or change any material or images on or from the Site without Permission. You may not create derivative works, whether based in whole or in part upon the information on the Site or any portion thereof without Permission. You may not modify, amend, reduce the size of or in any way obscure any warning, notice, liability limitation, or other license provision in material or images on or from the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right in and to our trademarks or copyrighted material. You may not use any of our trademarks as a link to the Site except pursuant to a written trademark license agreement.
Independent Provider Links
Our Site may contain links to websites controlled or offered by third parties (non-affiliates of PCM). PCM hereby disclaims liability for any information, materials, products or services posted or offered at any third party websites linked to this Site. By providing a link to a third party website, PCM does not endorse or recommend any products or services offered or information contained on those websites, nor is PCM liable for any failure of products or services offered or advertised on those websites. In the event you choose to use the services available at a linked website, you agree to read and adhere to the policies and terms of use applicable to that website. Your participation in any linked website, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you and the third party website provider. Such a third party may have a privacy policy different from that of PCM and the third party website may provide less security than our Site.
No Warranties
The information and materials contained within or available through our Site, including text, graphics, links or other items, are provided “as is” or “as available”. PCM does not warrant the accuracy, adequacy or completeness of this information and materials and PCM expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose, accuracy of information content, information access and order execution and freedom from computer virus, is given in conjunction with the Site or available information and materials.
Limited Liabilty
By accessing our Site, you agree to waive all claims against PCM and all third party content providers arising from or regarding the Site. You agree that in no event shall PCM or any vendor be liable for any damages, including any incidental, consequential, special, direct or indirect damages, losses or expenses arising in connection with this Site or any linked third party website, or use thereof or inability to use, by any party that results from any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if PCM, or its representative thereof, is advised of the possibility of such damages, losses or expenses, except as limited by applicable law.
Our entire liability and your exclusive remedy for any dispute or claim related to these Terms and Conditions, the Site or the privacy policy is your cessation of the use of our Site and all related services. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. We cannot and will not assume any liability for unauthorized or fraudulent use of the Site.
Indemnification
You agree to indemnify and hold harmless PCM and our third party content providers which provide content for the Site (either through links or otherwise), from any loss, including reasonable attorneys’ fees, related to any claim, whether made by you or any third party, arising from content you submit, post to or transmit through the Site, your use or misuse of the Site, your connection to the Site, your violation of these Terms and Conditions, any harm you cause to another user or any form of inaccuracy, delay, error or omission relating to any service, product, information or materials provided through or available on the Site. Your obligations under this section will survive your termination of access to or use of the Site, or nonuse of any service, information or material.
Additional Terms
Certain sections or pages on our Site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
Our Commitment to Your Privacy
Please note that since we cannot control information on other Internet sites, we are not responsible for the content of sites linked from the Site.