IBH Capital - Terms of Use

Last Updated: November 07, 2018

 

This website at www.ibhcapital.com (the “Website”) is made available to you by IBH Capital Management, LLC (“IBH Capital Management”). Please read these terms of use (the “Terms of Use”) carefully before accessing, viewing or using the Website. By accessing, viewing or using the Website, you agree to be bound by all the Terms of Use. If you do not agree to all the Terms of Use, you do not have the right to access, view or use the Website. IBH Capital Management may modify the Terms of Use from time to time, in the sole discretion of IBH Capital Management. You are responsible for complying with the most current version of the Terms of Use posted on the Website. Your use of the Website following any modifications will signify your consent and acceptance of such revised Terms of Use.

 

The Terms of Use do not alter the terms and conditions of any agreement you may have with IBH Capital Management or its affiliates. Except as expressly set forth otherwise in a signed agreement between you and IBH Capital Management, the Terms of Use are the entire agreement between you and IBH Capital Management and supersede all prior or contemporaneous negotiations, discussions or agreements between you and IBH Capital Management about this Website.

 

USE OF COPYRIGHTED MATERIALS/TRADEMARKS

Any materials on the Website, including without limitation any documentation, content, text, data, graphics, images, video and audio clips, interfaces or other materials, information or works of authorship are copyrighted materials (i) owned by IBH Capital Management (collectively, the “Materials”) or (ii) provided by third-party licensors and suppliers to IBH Capital Management (collectively, the “third-party content”). All rights not expressly granted in and to the Website, the Materials, and the third-party content are reserved to their respective owners, subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. You agree to abide by all copyright notices and trademark, information and other restrictions in connection with the Website, including without limitation any Materials and third-party content therein.

 

The Materials contain trademarks, service marks, and trade names which are owned by IBH Capital Management and its affiliates. Except as otherwise noted in the Website, you are hereby authorized to view, download, cache, copy and print the Materials solely for your personal, non-commercial use and not for resale or further distribution, retransmission, subject to the following conditions:

 

  1. Any copy of the Materials or portion thereof must include all copyright notices appearing on the original.

  2. IBH Capital Management reserves the right to revoke such authorization at any time, and any such use by you shall be discontinued immediately upon notice from IBH Capital Management.

 

The third-party content may also contain brand and product names which are trademarks, service marks or trade names of third parties which are the property of their respective owners. Unless you have permission from the owner of the third-party content, you agree only to display the third-party content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, distribute, display (except as set forth in this paragraph), edit, alter or enhance any of the third-party content in any manner unless you have permission from the owner of the third-party content. You acknowledge and agree that the third-party content does not reflect the views of IBH Capital Management and that IBH Capital Management is not responsible for any views, ideas, positions, materials and the like contained in any third-party content.

 

Nothing contained in the Website shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of IBH Capital Management, its affiliates, or any third party, and, except as expressly provided herein, all such IP Rights in the Materials and third-party content on the Website are expressly reserved to IBH Capital Management, its affiliates, and/or any third-party, as applicable. Without limiting the generality of the foregoing, unless you have the express prior written consent of IBH Capital Management or written permission from a third-party with respect to such party’s third-party content, you may not (i) distribute the Website, or any portion thereof or content (including without limitation Materials and third-party content) of any kind included therein, in any medium, (ii) modify the Website, or any portion thereof, (iii) access the Materials and third-party content through any technology or means other than those provided on the Website itself, (iv) use the Website, or any portion thereof or content of any kind included therein, in any medium, for any commercial use, or (v) transmit, broadcast, display, sell, license or otherwise exploit the Website (including without limitation Materials and third-party content) for any other purpose whatsoever without the prior written consent of the respective owners.

 

HYPERLINKS TO THIS SITE

You are granted a limited, non-exclusive right to create a "hypertext" link to the Website provided that such link is to the entry or home page of this Website and does not portray IBH Capital Management or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked by IBH Capital Management at any time for any reason whatsoever. You may not use, frame, or utilize framing techniques to enclose any IBH Capital Management trademark, logo or trade name or other proprietary information including the Materials found at or on the Website, the content of any text or the layout/design of any page of the Website or any form contained on a page of the Website without the express prior written consent of IBH Capital Management in each instance. In addition, you may not use any meta-tags or any other "hidden text" utilizing an IBH Capital Management or IBH Capital Management affiliate name, trademark, or product name without express written consent from IBH Capital Management in each instance.

 

LINKS TO THIRD-PARTY WEBSITES

The Website may be linked to other websites on the World Wide Web or Internet that are not affiliated with, under the control of, or otherwise maintained by IBH Capital Management. If you use these links, you may leave the Website. IBH Capital Management has not reviewed any of these third-party sites and does not control and is not responsible for any of these sites or their content. IBH Capital Management does not endorse any opinion, recommendation or advice expressed therein or make any representations about third-party sites, their usefulness, safety or intellectual property rights of or relating to such content, or any information or other products, services or materials found there, or any results that may be obtained from using them, and IBH Capital Management expressly disclaims any and all liability in connection with such third-party sites. You understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive and hereby do waive, any legal or equitable rights or remedies you have or may have against IBH Capital Management in connection therewith. You further understand and acknowledge if you decide to access any of the third-party sites linked to the Website, you do so entirely at your own risk.

 

NONINTERFERENCE

You shall not circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Materials and/or third-party content or enforce limitations on use of the Website or any such content therein.

 

DISCLAIMER OF WARRANTIES

Except as may be expressly set forth otherwise in a written agreement between you and IBH Capital Management or an IBH Capital Management affiliate, IBH Capital Management has no special relationship with or fiduciary duty to you. ALL USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION MATERIALS AND THIRD-PARTY CONTENT SHALL BE AT YOUR OWN RISK AND ALL OF THE FOREGOING ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IBH CAPITAL MANAGEMENT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF MATERIALS AND/OR THIRD-PARTY CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF IBH CAPITAL MANAGEMENT’S SECURE SERVERS, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR USE OF THE WEBSITE, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

To the extent IBH Capital Management is managing a property where you are renting or buying a home, you must rely solely on your own investigation and conclusions regarding such home, including without limitation conclusions involving construction, engineering, and financial matters. Information on the Website should not be relied upon for accuracy, timeliness and completeness and projections, forecasts and estimates on the Website are not guarantees or current or future performance.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL IBH CAPITAL MANAGEMENT BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF THE WEBSITE, YOUR INABILITY TO USE THE WEBSITE OR ANY CONTENT APPEARING ON THE WEBSITE. IN NO EVENT WILL IBH CAPITAL MANAGEMENT BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMING THROUGH YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM CLAIMS RELATED TO PERSONAL INJURY OR DEATH, LOSS OF DATA, LOST REVENUE, LOST PROFITS, LOSS OF USE OR OTHER ECONOMIC ADVANTAGE, CHANGE IN APPLICABLE GOVERNMENT REGULATIONS, REGARDLESS OF THE FORM OF THE ACTION AND REGARDLESS OF WHETHER IBH CAPITAL MANAGEMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE NOTWITHSTANDING THE FOREGOING LIMITATIONS, IN NO EVENT WILL THE TOTAL, CUMULATIVE LIABILITY OF IBH CAPITAL MANAGEMENT FOR DAMAGES UNDER THE TERMS OF USE EXCEED ONE HUNDRED DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

PRESS RELEASES

The information contained within press releases issued by IBH Capital Management and its affiliates should not be deemed accurate or current except as of the date the release was posted. IBH Capital Management and its affiliates have no intention of updating, and specifically disclaim any duty to update, the information in the press releases.

 

FAIR HOUSING STATEMENT

IBH Capital Management is committed to compliance with all federal, state, and local fair housing laws. IBH Capital Management will not discriminate against any person because of race, color, religion, national origin, sex, familial status, disability, or any other specific classes protected by applicable laws. IBH Capital Management will allow any reasonable accommodation or reasonable modification based upon a disability-related need. The person requesting any reasonable modification may be responsible for the related expenses.   

 

INDEMNITY

You agree to defend, indemnify and hold harmless IBH Capital Management and its affiliates, officers, directors, owners, operators, employees, licensors and agents, from and against any and all claims, actions, demands, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from, related to or in connection with: (i) your use of and access to the Website, including without limitation any Materials contained herein; (ii) your violation of any of these Terms of Use; and/or (iii) your violation of any third-party right, including without limitation any third-party content or any other third-party copyright, property, or privacy right in connection with your use of or access to the Website.

 

GENERAL PROVISIONS

Enforcement of the Terms of Use will be governed by Florida law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to the Terms of Use or your use of the Website will lie in the state or federal courts located in Florida and you irrevocably agree to submit to the jurisdiction of such courts. The failure of IBH Capital Management to enforce any right or provision in the Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by IBH Capital Management in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect.

 

CONTACT US

If you have any questions regarding the Website, please contact IBH Capital Management by sending an email to info@ibhcapital.com

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© 2019 IBH Capital Management, LLC. All rights reserved. 

This website is for informational purposes only and does not constitute an offer, solicitation or recommendation to sell or an offer to purchase any securities, investment products or investment advisory services. This website and the information set forth herein are current as of August 23, 2018 and are not intended to provide investment recommendations or advice.