Legal


TERMS OF SERVICE AGREEMENT

Use of Three28Capital signifies your agreement with the following terms of service. If you do not agree with any of these terms of service, please do not use this site. Three28Capital reserves the right, in its sole discretion, to modify these terms at any time and you agree to be bound by such modifications through your use of the site.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

All materials on this site, including, but not limited to, content, illustrations and images (the “Materials”) are protected by copyrights which are owned or licensed by Three28Capital, used by permission, or available under “fair use.” You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from Three28Capital or any of its affiliates without the prior written permission of Three28Capital.

You may not download or make copies of the Materials, and other downloadable items displayed on the site. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of Three28Capital’s copyrights and other proprietary rights. Use of these Materials in any form is prohibited without prior written permission from Three28Capital.

All materials on Three28Capital are Copyright ©2013 by Three28Capital, New York, New York or used with permission.

SUBMISSIONS

Although comments and questions are welcomed, Three28Capital is not responsible for the confidentiality of any information communicated to Three28Capital, the website or any of its affiliates.

By communicating or submitting Materials to Three28Capital or its affiliates, you are granting Three28Capital a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to publish, transmit, perform, and display the Materials for any purpose, including, but not limited to, advertising and promotional purposes.

DISCLAIMER

By using Three28Capital or its affiliates, and/or posting Materials, you agree to indemnify Three28Capital, its officers, directors, employees, agents, writers, editors, owners, readers, distributors and affiliates for any and all claims, damages, losses and causes of action arising out of your breach or alleged breach of this agreement.

The Materials on Three28Capital are transmitted and distributed “as is” and appear on Three28Capital without express or implied warranties of any kind, including, but not limited to, warranties of title, implied warranties of merchantability, or fitness for a particular purpose. Three28Capital makes no warranty as to the quality, accuracy, completeness and validity of any materials on the website and does not warrant that the functions contained on the website will be uninterrupted or error-free, or that defects will be corrected.

Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you.

The Materials provided on this website are for information, entertainment, and promotional purposes only. Neither Three28Capital, nor its officers, directors, employees, agents, writers, editors, or distributors or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on Three28Capital.

Three28Capital is not responsible for the content of any sites which may be linked to this site. These links are provided for your convenience only and you access them at your own risk.

You expressly agree that you will assume the entire risk as to the quality and the performance of our services and the accuracy or completeness of their content.

TERMINATION

Three28Capital may, in its sole discretion, terminate or suspend your access to all or part of the site, or any site operated by the company. In the event this agreement is terminated, the restrictions regarding Materials appearing on the site, and the representations and warranties, indemnities, and limitations of liabilities set forth in this agreement shall survive any such termination.

JURISDICTION

This site is controlled and operated by Three28Capital in New York, New York. Three28Capital does not represent or warrant that Materials on the site are appropriate or available for use in other locations. If you choose to access this site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.

This agreement shall be governed by and construed in accordance with the laws of the State of New York, as it is applied to agreements entered into and performed within that State. Any action brought to enforce this agreement or matters related to the site shall be brought in either the State or Federal Courts of New York.

If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force.

This contains the entire agreement between you and Three28Capital concerning your use of the site and its affiliates, and the agreement shall not be modified, except in writing, signed by both parties.

COPYRIGHT NOTICE

You should assume that everything you see or read on Three28Capital is copyrighted, unless otherwise noted, and may not be used except as provided in this Agreement without the written permission of Three28Capital.

Three28Capital neither warrants nor represents that your use of materials displayed on the site will not infringe rights of third parties not owned by or affiliated with Three28Capital. Images, photographs, or illustrations displayed on Three28Capital or its affiliates are either the property of, or used with permission by, Three28Capital.

The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by this Agreement or specific permission granted by Three28Capital.

Any unauthorized use of the content; articles, features, images, graphics, design or layout may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you do not agree with this Agreement freely available for viewing on Three28Capital and our affiliates, please do not use this site.

PRIVACY POLICY

Three28Capital is committed to protecting your privacy. The information we collect while you are visiting, subscribing to, or contacting Three28Capital will never be disclosed to outside parties. Three28Capital does not and will not share your personal information with any outside parties unless you have knowingly and willingly consented to do so. We may collect demographic and profile data, which is aggregated and shared with advertisers; however, this data will remain anonymous. We do not house or collect any personal information about you unless you knowingly and willingly provide it.

Membership Registration: Three28Capital may, at any time, provide a registration process through which readers may voluntarily sign up to access “members-only” features. During the registration process, we may ask for limited personal information (name, email, how you got to know us, age range, ZIP code, etc.). To ensure no unauthorized access to our members-only features, we may ask that you create a unique user name with a password. This is optional. We will not share this information with outside parties.

Newsletter and Email Subscriptions: Three28Capital may provide newsletters for our readers and visitors. When you subscribe to our newsletters or become a member through registration, we will ask for an e-mail address from you. You may opt out of receiving future mailings or cancel your subscription(s) at any time.

Links to Outside Third Parties. Three28Capital may establish relationships with reputable business partners by creating a link between our sites. Three28Capital chooses its business partners carefully. We are not, however, responsible for the content, maintenance or privacy policies of those sites. Once you click over to a third-party site, we encourage you to check their privacy policy.

Three28Capital may contain links to other sites whose information practices may be different than the information practices of Three28Capital. Users who click over to a third-party site from a link on Three28Capital must be aware that Three28Capital makes no warranties with regard to that site’s policies or business practices. Three28Capital is not responsible for any transactions that occur between the user and the third-party site. Three28Capital is not responsible for the actions of any third-party site.

Children’s Guidelines. Three28Capital does not knowingly collect personally identifiable information from children under the age of 18. We encourage parents and legal guardians to monitor their children’s Internet use. Also, we strongly encourage parents to help us enforce our privacy policy by instructing their children to never provide personal information on our web sites without permission.

CONTACTING THREE28CAPITAL

If you have any questions or concerns regarding this Terms of Service Agreement, our Disclaimer, or the practices of Three28Capital or any of its affiliates, you may us by clicking on the Contact Us link on this or any page on the site.