Terms of Use

Posted/Effective: November 8, 2011

These Terms of Use ("Terms") govern the use of the Capital Access Network, Inc. ("we," "us", "CAN" or "Capital Access Network") website located at www.capitalaccessnetwork.com (and any other site directing thereto) (collectively, the "Site"). BY ACCESSING THE SITE, YOU AGREE TO ABIDE BY THESE TERMS. Access or use of the Website following any change to the Terms of Use constitutes your agreement to those changes. If at any time you choose not to accept the terms of these Terms of Use, you should not access or use the site.

These Terms govern your current visit to the Site, not any future visit. We may modify these Terms at any time without notice to you, and such modification shall be effective immediately upon posting on the Site. Therefore, your next visit to our Site may be governed by different terms posted at this page, and you should review the terms on this page each time that you visit the Site.

1.Ownership. The contents of the Site (including the Site’s "look and feel", text, graphics, images, logos, button icons, editorial content, notices, software (including HTML or XML-based computer programs) original art work, photographs, screen shots, music, digitally downloadable files, video clips, trademarks, product names, slogans and other material and the compilation of the foregoing (collectively, the “Site Content”)) are protected under both United States and foreign copyright, trademark, and other laws. The Site Content is either owned by or licensed to CAN. You may download or print a limited number of copies of the Site Content for your own use only. You may not reprint or electronically reproduce any of the Site Content in whole or in part for any other purpose, unless prior written consent is obtained from us. You will not alter, adapt or otherwise modify any part of the Site or Site Content.

2. Authorized User; Your Responsibility. You affirm that you are over the age of 18. You may not access or use the Site if you are unable to form a binding, legal agreement with CAN. You assume all responsibility for your use of, or access to, this Site, including your access to any Site Content, and hereby waive all claims or causes of action against CAN, its affiliates and their respective officers, directors, employees, agents and representatives in connection therewith.

3. Disclaimer. THE SITE AND THE SITE CONTENT IT CONTAINS ARE MADE AVAILABLE "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT OR ENJOYMENT. WE MAKE NO GUARANTEE THAT THE INFORMATION ON THIS SITE IS UP-TO-DATE, ACCURATE, OR COMPLETE, AND YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE INFORMATION ON THIS SITE WILL BE FREE OF INTERRUPTION, FREE OF ERRORS, OR THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.

4. Additional Products and Services Disclaimer. CAN makes available certain descriptions of products and services on the Site. CAN does not represent or warrant that any particular product or service will conform to those descriptions. Each product or service is governed specifically and exclusively by the instrument entered into by the relevant parties for that product or service and not by any information posted on the Site. This paragraph 4 is in addition to and not instead of the disclaimers set forth in paragraph 3 above.

5. Indemnity. You agree to indemnify, defend and hold harmless CAN, its affiliates and their respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, for any claims, causes of actions, procedures or allegations arising out of or relating to any violation of these Terms or your use of the Site (including but not limited to infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Site on your behalf. CAN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you. 

6. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL CAN OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES, COSTS OR ATTORNEY’S FEES ARISING OUT OF OR RELATING TO THESE TERMS, ACCESS TO, USE OF OR THE OPERATION OF THE SITE OR ANY OF THE SITE CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY AND CAN’S SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ANY REASON SHALL BE FOR YOU TO DISCONTINUE YOUR ACCESS TO OR USE OF THE SITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

7. Limited Time to Bring Your Claim. You agree that any cause of action arising out of or related to CAN, the Site or any Site Content must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

8. Restricted Access Portions Of The Site. You agree to take reasonable measures to ensure that no unauthorized person or entity shall have access to restricted areas of the Site using your user name or password.  You agree that, if you are provided rights to access or use restricted areas of the Site, those rights are personal and non-transferable. You may not assign, sublicense, transfer, pledge, lease, rent, or share any user name or password to anyone other than an employee or agent authorized to act on behalf of your business, and subject to these Terms. You assume all responsibility for loss or misuse of your user name and password and are responsible for any activities undertaken by a person in possession of your user name or password for any reason except due solely to the gross negligence or willful misconduct of CAN. CAN reserves the right to terminate your access to the Site or cancel your user name and password at any time and for any reason including, without limitation, your violation of these Terms.

9. Privacy. Our Privacy Policy is incorporated into, subject to and made part of these Terms. To review the Privacy Policy, click here.

10. Employment Opportunities. We welcome expressions of interest in employment with CAN. CAN does not discriminate in hiring or employment on the basis of race, color, religion, disability, national origin, age, sex, or any other characteristic protected by applicable federal, state or local law. You understand that the invitation to submit your resume or expression of interest in a job posted on the Site is not intended to, and does not, create a contract between you and CAN for employment or for any other benefit. You understand that any communication sent by you to CAN inquiring about employment shall not be considered an application for employment and creates no obligation on the part of CAN to respond. Should CAN be interested in exploring employment opportunities with you, we will contact you in response to your inquiry.

11. Links. We welcome links to our Site from other web sites; however, we in no way operate, control or endorse such websites placing links to our Site on such websites. We reserve the right to require any such link to be removed at any time in our sole discretion. Should you wish to link to our Site, please contact webmaster@capitalaccessnetwork.com. This Site also contains links to third party sites. CAN is not responsible for the privacy policies, terms of use, or actions of any such sites or their operators. You may be subject to separate terms of use for such third party site.

12. Governing Law and Forum. These Terms, and the interpretation, performance and enforcement of your and CAN’s rights and duties, shall be construed in accordance with the laws of the State of New York, except for any conflict or choice-of-law principle thereof that would lead to the application of another jurisdiction’s laws to the rights and duties of the parties. By using the Site, you agree to submit any and all disputes arising out of or relating to these Terms to the exclusive jurisdiction of the state or federal courts located in Westchester County, New York, or, at CAN’s sole election, to binding arbitration before a single arbitrator pursuant to the American Arbitration Association's Commercial Dispute Resolution Procedures, with such arbitration to take place in Westchester County, New York.

13. Miscellaneous. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. CAN makes no representations that the Site is appropriate or available for use in locations outside of the United States. Those who access or use the Site from outside of the United States do so at their own volition and are responsible for compliance with local law. You shall obey all federal, state, and local laws, regulations and rules that apply to your activities when you use the Site. 

14. Contacting Us. If you have any questions or concerns about these Terms, please contact us atwebmaster@capitalaccessnetwork.com. To inquire about linking to our Site or about trademark or copyright matters, please contact us at webmaster@capitalaccessnetwork.com.