Please read these terms and conditions carefully before using the CAPITAL AND MAIN website (“this site,” “our site”).
By using this site, you are accepting these Terms & Conditions of Use (“Terms & Conditions”). If you do not agree to these Terms & Conditions, please do not use our site. CAPITAL AND MAIN reserves the right to modify or amend these Terms & Conditions from time to time without notice. If you continue to use our site after we post changes to these Terms & Conditions, it will mean that you accept those changes.
If you are under 18 years of age, do not use this site unless you are an emancipated minor or have legal parental or guardian consent to accept these Terms & Conditions and are fully able to abide by them. CAPITAL AND MAIN does not knowingly collect information from children under the age of 13. If you are under 13, please don’t submit any personally identifiable information to CAPITAL AND MAIN on this site.
• Use of Materials on this Site
• Your User Submissions to the Site
• Community Guidelines
• Notice of Claims for Copyright Infringement
• Account Registration and Security
• Outside Links
• Warranty Disclaimer and Limitation of Liability
• Trails Disclaimer
• General Provisions
Use of Materials on this Site
CAPITAL AND MAIN maintains this site for your personal information, education, and communication. Please feel free to browse our site. Except for User Submissions (see below), all materials on our site, including but not limited to artwork, photographs, graphics, audio clips, video clips, text and trademarks (collectively, “Materials”), are the sole property of CAPITAL AND MAIN or its licensors. The exclusive rights to all Materials on this site are protected by U.S. and international laws of copyright, trademark and unfair competition.
It is in keeping with CAPITAL AND MAIN’s mission to encourage public discourse and activism regarding the creation of a new economy for all. Accordingly, unless particular Materials are specifically restricted as noted on the web page, it is CAPITAL AND MAIN’s policy to allow limited reproduction and distribution of the Materials posted on our site as follows: You may copy, reproduce and distribute content from this site provided that: (1) the particular article or section is reproduced in its entirety in its original form; you may not edit or otherwise change the substance of the content, or change or delete any copyright, trademark and other proprietary notices; (2) all copies include a statement that the Material was reproduced from a CAPITAL AND MAIN website with permission of CAPITAL AND MAIN; (3) all copies include the following notice “© 2009 CAPITAL AND MAIN. All Rights Reserved.”; (4) the copies are distributed only for the non-commercial educational or public policy purposes of promoting a new economy for all; and (5) the copies are distributed at no charge, or at most, at actual cost. Provided you comply with all of these conditions, CAPITAL AND MAIN grants you a non- exclusive, nontransferable license to use the Materials on our site.
CAPITAL AND MAIN, its logo, the tagline “A New Economy for All”, and all other names of CAPITAL AND MAIN programs referenced herein are registered or common law trademarks of CAPITAL AND MAIN. In no event may CAPITAL AND MAIN trademarks be reproduced separately from the textual content associated with them on the site. Unauthorized use of any CAPITAL AND MAIN trademark, service mark or logo may be a violation of federal and state law.
If you download software from this site in order to use the Materials as authorized above, the software, including any files, images, audio or video clips incorporated in or generated by the software, and data accompanying the software (collectively, “the software”) is licensed to you by CAPITAL AND MAIN. CAPITAL AND MAIN does not transfer the title to you. You own the medium on which the software is recorded, but CAPITAL AND MAIN retains full title to the software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.
Your User Submissions to this Site
You may submit information, text, photographs, graphics, videos, or other material (collectively, “User Submissions”) to this site.
CAPITAL AND MAIN does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and CAPITAL AND MAIN expressly disclaims any and all liability in connection with User Submissions.
Users should be aware that your User Submissions are public, not private communications. When you voluntarily disclose personal information through your User Submissions, that information can be collected and used by others and may result in unsolicited messages from other people.
You agree that your User Submissions will comply with our Community Guidelines, below.
By submitting User Submissions to this site, you hereby grant CAPITAL AND MAIN an irrevocable, non-exclusive, worldwide, royalty-free license to reproduce, use, copy, sell, distribute, create derivative works from, publicly display, or publicly perform the User Submission (or any portion thereof) in perpetuity, and CAPITAL AND MAIN may sublicense all or part of its rights under this license or assign them to third parties.
By submitting User Submissions to this site, you represent and warrant that the User Submission is your original work, that the User Submission does not violate any agreement between you and a third party, and that the User Submission shall not infringe upon or violate any law, agreement or other rights of any kind, of any third party, without limitation, rights affecting copyright, patent, trademark, unfair competition, contract, defamation, privacy or publicity. You agree that you will, at your own expense, defend, indemnify, and hold harmless CAPITAL AND MAIN and its affiliated and related entities, licensees, successors and assigns, employees, officers and directors, representatives, contractors and agents from all claims, losses, damages and expenses of any kind (including, without limitation, attorneys’ fees and disbursements) arising out of or in connection with a breach or alleged breach by you of your obligations or warranties herein.
CAPITAL AND MAIN may refuse or remove any User Submission that, in its sole judgment, violates these Terms & Conditions. CAPITAL AND MAIN has the right, but not the obligation, to monitor this site for inappropriate content. You are solely responsible for any User Submission you post on this site.
We welcome and respect your opinions, even if we don’t agree with them. We ask that you welcome and respect our opinions and those of other visitors to this site. Communicate with common courtesy and collegial respect; disagree without being disagreeable. We also welcome your creativity, but don’t be vulgar. The DON’TS below are intended to keep this site a safe, informative, and constructive community for all those who visit it. Please understand and comply with them in this spirit.
You agree not to submit, upload or post any User Submission to this site which (1) libels, defames, invades privacy, or is obscene, pornographic, abusive, harmful to minors, or threatening; (2) infringes any intellectual property or other right of any person or entity, including but not limited to, violating anyone’s copyrights, patents, trade secrets, trademarks, trade names or other proprietary right of a third party, or would otherwise give rise to civil liability; (3) falsifies or deletes author attributions, legal notices or other proprietary designations; (4) violates any law or regulation; (5) constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (6) contains viruses, corrupted files, or other materials that may cause damage to another’s computer, (7) advertises or otherwise solicits funds or sales of goods or services, or which disseminates any junk mail, spam, chain letters, schemes or other form of such solicitation, (8) is false, deceptive, or misleading; (9) impersonates any person or entity including, but not limited to, a CAPITAL AND MAIN employee or leader, or falsely states or otherwise misrepresents your affiliation with a person or entity; or (10) violates an applicable U.S. or foreign law, treaty, regulation or convention related to privacy, publicity, data protection, electronic communications or anti-spamming.
Notice of Claims for Copyright Infringement
To file a notice claiming that your copyrighted work has been infringed, you must send a written communication by email. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material or activity is infringing your copyrights.
Please provide us with the following information:
1. A description of the copyrighted work that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on our website, with enough detail that we may find it on the website;
3. Your address, telephone number, and email address;
4. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
5. Include the following statement: “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
6. The electronic signature of the person authorized to act on behalf of the copyright owner of the work that is allegedly infringed.
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. However, your confidential use of this site cannot be guaranteed by CAPITAL AND MAIN. CAPITAL AND MAIN shall not be responsible for any harm that you or any person may suffer as the result of a breach of confidentiality with respect to information you transmitted to the site.
CAPITAL AND MAIN has not reviewed all of the sites linked to this site and is not responsible for the privacy practices or the content of any off-site pages or any other sites linked to this site, whether or not they are affiliated with CAPITAL AND MAIN. Such linked sites are for your convenience only and you access them at your own risk. CAPITAL AND MAIN makes no representations or warranties as to the accuracy or functioning of any such link. That another web site is linked to our site does not constitute endorsement by CAPITAL AND MAIN of the owner of the other site, the content of its site, or its products or services.
Warranty Disclaimer and Limitation of Liability
ALL CONTENT ON THIS SITE IS PROVIDED SOLELY FOR EDUCATIONAL AND PROMOTIONAL PURPOSES. YOUR USE AND BROWSING OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT COULD INCLUDE TECHNICAL INACCURACIES OR OTHER ERRORS. ALL CONTENT ON THIS SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. CAPITAL AND MAIN DOES NOT WARRANT THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. CAPITAL AND MAIN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.
IN NO EVENT SHALL CAPITAL AND MAIN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CAPITAL AND MAIN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT CAPITAL AND MAIN SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN THE EVENT THAT YOU HAVE ANY DISPUTE WITH ONE OR MORE OTHER USERS OF THIS SITE, YOU RELEASE CAPITAL AND MAIN, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
THE FOREGOING WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND WILL SURVIVE THESE TERMS & CONDITIONS AND YOUR USE OF THIS SITE.
You agree to defend, indemnify and hold harmless CAPITAL AND MAIN, its officers, directors and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to this site; (ii) your violation of any term of these Terms & Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of this site.
This site is operated under the supervision of CAPITAL AND MAIN from its offices within the state of California. CAPITAL AND MAIN does not warrant or represent that materials on our site are appropriate or available for use in other locations. If you choose to access our site from other locations, you do so at your own initiative and you are responsible for complying with local laws, if and to the extent local laws are applicable. You may not download or otherwise export or re-export software from our site in violation of United States export controls.
You agree that this site shall be deemed solely based in California, and that this site shall be deemed a passive website that does not give rise to personal jurisdiction over CAPITAL AND MAIN, either specific or general, in jurisdictions other than California. These Terms & Conditions shall be governed by and construed according to the laws of the state of California, as they are applied to agreements entered into and to be performed entirely within California. Any claim or cause of action arising out of or relating to this site shall be barred permanently unless such claim or cause of action is brought within one year after it arises; any such claim or cause of action shall be brought only in the state or federal courts in the Southern District of California, and you consent to jurisdiction of such courts for the purpose of litigating such actions.
Whenever possible, each provision of these terms shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision is deemed prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these terms.
This is the entire agreement between us relating to your use of this site. These terms may not be modified by you, in writing or otherwise, unless agreed to in a written document signed by CAPITAL AND MAIN.
These Terms & Conditions, and any rights and licenses granted hereunder, may not be assigned by you, but may be assigned by CAPITAL AND MAIN without restriction.
CAPITAL AND MAIN has the right, in its sole judgment, to block access from a particular Internet address or to suspend or terminate a user’s account for violations of these Terms & Conditions. In addition, CAPITAL AND MAIN reserves the right to seek all remedies available at law and in equity for violations of these Terms & Conditions.