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Terms of Use

The Following Terms of Use contain the complete terms and conditions that apply to an individual or entity use of Capital Management Group site (www.cm-group.com). As used in this Agreement, "We," "Us" or "Our" refers to Capital Management Group (CMG), and "You" or "Your" refers to the user. "Site" means any Capital Management Group site posted on the World Wide Web.

1. ACCEPTANCE OF TERMS AND CONDITIONS
Use of Our Site constitutes Your acceptance of these terms and conditions and Your waiver of any and all claims against Capital Management Group, affiliates, contractors, agents, officers, directors or employees arising out of Your use of Our Site or any materials, information, opinions or recommendations contained on Our Site.

2. MODIFICATION
CMG may modify any of the terms and conditions in these Terms of Use, at any time and in CMG's sole discretion, by posting a change notice or a new user agreement on Our Site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR USE OF OUR SITE. YOUR CONTINUED USE OF OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW TERMS OF USE CONSTITUTES BINDING ACCEPTANCE OF THE CHANGE.

3. COPYRIGHT
3.1 Uses. All contents included on Our Site, such as text, graphics, logos, button icons, images, audio clips and software, is CMG's property or that of CMG's content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all contents on Our Site is Our property protected by U.S. and international copyright laws. All software used on CMG's Site is CMG's property or that of CMG software suppliers and is protected by U.S. and international copyright laws. You may electronically copy and print in hard copy portions of CMG Site for the limited purpose of placing an order with CMG or using it as a shopping resource. Any other use-including reproduction for purposes other than those noted above, modification, distribution, transmission, republication, display or performance-of the content on a Site without CMG's prior written permission is strictly prohibited .

3.2 Penalty. Unauthorized copying of the software, or failure to comply with the above restrictions, may result in severe civil and criminal penalties. Unauthorized duplication of the software constitutes copyright infringement and, in the United States, is punishable in a federal criminal action by a fine of up to U.S.$250,000 and imprisonment for up to five (5) years. In addition, federal civil penalties allow the recovery of actual damages based on the number of copies produced plus the profits of the infringes, or statutory damages of up to U.S.$100,000 for willful copyright infringement.

4. DISCLAIMER
WE PROVIDE OUR SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE OPERATION OF OUR SITE OR THE INFORMATION, CONTENT, SOFTWARE OR MATERIALS AVAILABLE ON OUR SITE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTION OR ERRORS. FURTHER, WE TAKE NO RESPONSIBILITY FOR THE CONTENT OF ANY LINKS PROVIDED THROUGH OUR SITE OR FOR THE SITES OF OTHERS THAT LINK TO OUR SITE.

5. CONFIDENTIAL INFORMATION
CMG does not accept or consider unsolicited material, product suggestions or original or creative ideas (collectively, "Materials") submitted through CMG Site. If despite this policy you submit any such Materials, CMG will deem it CMG's property. CMG will not treat the Materials as confidential, and CMG will not be liable for any use or disclosure of such Materials. Without limitation, We will own the exclusive rights to the Materials and will be entitled to unrestricted use of the Materials for any purpose, commercial or otherwise, without compensation to the submitter of such Materials.

6. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, PROFITS OR DATA) OF ANY KIND ARISING IN CONNECTION WITH THE USE OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID TO US BY YOU IF ANY, FOR ACCESSING OUR SITE.

7. INDEMNIFICATION
You will defend and hold harmless Capital Management Group (CMG), affiliates, contractors, agent, officers, directors and employees against all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees and costs) made due to or arising out of a violation of these Terms of Use or Your use of this Site, including, without limitation, any claim arising out of unauthorized links to CMG Site.

8. MISCELLANEOUS
8.1 No waiver. If We fail to insist upon or enforce strict performance of any provision or right under the terms and conditions of these Terms of Use, it will not be construed as a waiver of any provision or right, rather, the same will be and remain in full force and effect .

8.2 Choice of Law. These Terms of Use will be interpreted, construed and enforced in all respects in accordance with the laws of the State of California to the exclusion of any other law that may be imputed in accordance with choice of law rules applicable in any jurisdiction. For any suit or claim pertaining to these Terms of Use or any information furnished hereunder, You irrevocably consent to the jurisdiction and venue of any state or federal court sitting in Orange County, California, USA, and You will not commence an action or proceeding relating to the subject matter of these Terms of Use in any other jurisdiction.

8.3 English Language Governs. It is the express wish of the parties that these Terms of Use is drawn up in English. C'est la volonté explicite des parties que ces termes d'usage soient rédiger en anglais.

8.4 Independent Contractor. These Terms of Use will not be interpreted or construed to create or evidence a partnership, joint venture or franchise relationship among the parties or as imposing any partnership or franchiser obligation or liability on either party.

8.5 Compliance With Laws. You will comply at your own expense with all statutes, regulations, rules, ordinances and orders of any governmental body, department or agency that apply to or result from your use of CMG Site.

8.6. Severe-ability. If any provision of these Terms of Use will be unlawful, void or for any reason unenforceable, then that provision will be deemed severe-able from and will not affect the validity and enforceability of any remaining provisions.