Terms of Service
1. ACCEPTANCE OF TERMS
Thank you for using Opportunity-Funds.com (‘Site’). The Site is owned and operated by MarCat Financial, LLC, a Washington limited liability company (‘MarCat’). All references to Opportunity-Funds.com mean MarCat unless the context requires otherwise. Opportunity-Funds.com provides the services offered on the Site subject to the Terms of Service (‘TOS’) contained herein, which may be updated from time to time without notice to you. You can review the most up-to-date version of the Site’s TOS by visiting this page.
By using the Site, you agree and consent to be bound by these TOS and all disclaimers, rules and terms and conditions that appear elsewhere on or in connection with the Site. If at any time you become dissatisfied with the TOS, you agree that your sole and exclusive remedy is to discontinue using the Site and Services (as defined below). The laws of Washington will govern the TOS without giving effect to any principles of conflicts of laws.
2. SERVICES OFFERED BY OPPORTUNITY-FUNDS.COM
Opportunity-Funds.com provides users with services which may include white papers, downloads, articles, communication tools, search services, directories, listings, media galleries, analysis, commentary, blogs, video sharing and uploading, forums, social networking and user profiles (each a ‘Service’ and collectively, ‘Services’). The Services may constitute or include advertisements from third parties unrelated to Opportunity-Funds.com. In providing the Services, Opportunity-Funds.com may communicate with you via email, newsletters, service announcements, administrative messages, social media and other modes of communication. When added, all new Services shall be subject to this TOS. As described herein, all Services are provided to you on an “as-is” basis and Opportunity-Funds.com assumes no responsibility for your use of the Services, User Profile and Content.
This Site may display advertisements. The advertisements may or may not be identified as advertisements. Directory entries or listings may constitue advertising. The opinions and representations of advertisers in no way reflect the opinions of MarCat or constitute representations from MarCat. MarCat is in no way responsible for any losses a user incurs as a result of any investments made in any products of an advertiser or any investment advice taken from an advertiser. All information obtained from this Site should be confirmed from an independent source before relying on it for investment or other actions.
5. NO INVESTMENT OR TAX ADVICE
No content published on this Site constitutes a recommendation that any particular security, portfolio of securities, fund, transaction, tax strategy or investment strategy is suitable for any specific person. None of the authors, bloggers, advertisers, information providers or their affiliates are advising personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, fund, tax strategy, investment strategy or other matter. To the extent any of the content published on the Site may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that any investment is subject to a number of risks and that discussions of any security or other investment published on the Site will not contain a list or description of relevant risk factors. The information contained in the Site is for discussion and informational purposes only. In no way should any information presented on the Site be considered investment advice. MarCat, its partners, and employees do not represent or warrant the accuracy of any information contained on this Site.
All content of this Site and associated communications are provided for information and educational purposes only. THE SITE IS NOT INTENDED TO PROVIDE TAX, LEGAL, OR INVESTMENT ADVICE. THE SITE DOES NOT OFFER SECURITIES FOR SALE, NOR DOES IT SOLICIT OFFERS TO PURCHASE SECURITIES. NOTHING ON THE SITE SHOULD BE CONSTRUED AS TAX ADVICE, AN OFFER TO SELL, A SOLICITATION OF AN OFFER TO BUY, OR A RECOMMENDATION FOR ANY SECURITY BY OPPORTUNITY-FUNDS.COM OR ANY THIRD PARTY. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation. Examples throughout this Site are rounded off and simplified for presentation purposes. Regulations about Opportunity Funds are incomplete and under development, so the rules are in flux. ALWAYS CONSULT WITH YOUR ATTORNEY, ACCOUNTANT AND INVESTMENT ADVISOR FOR ADVICE ABOUT YOUR PARTICULAR SITUATION.
You do not need to be a registered user to access the Site. However, to utilize some of the Services offered on the Site, Opportunity-Funds.com may require you to register and create an account (“User Account”). If you are requested by Opportunity-Funds.com to provide information in connection with a registration process and creating a User Account or in the use of any Services, your use of the Services shall be conditioned upon providing such information, and in such event you agree to provide true, accurate, current and complete information as prompted by the Service’s interface, and you agree to update such information as necessary from time to time to keep it true, accurate, current and complete. If you register as a user on the Site, you agree that the information you provide in registration may be used to communicate with you via email, subject to your right to subsequently unsubscribe from the email list.
If you register for the Site and Services and create a User Account, you will be provided a username and password for such User Account. You acknowledge that you are responsible for maintaining the confidentiality of the password as well as any and all activity that occur under your User Account and password. You agree that at the end of each session using the Site and Services, you will exit your User Account. In the event of any unauthorized use of your password and/or User Account, you agree that you will immediately notify Opportunity-Funds.com by contacting us via email at info@Opportunity-Funds.com.
8. USE OF THE SITE AND SERVICES
By using the site, you agree that you will not copy, display or distribute any part of the Site, including Content provided by third parties, in any medium, without Opportunity-Funds.com’s prior written consent. You also agree that you will not use any automated devices such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute Content available on the Site or to exceed the access granted to you by Opportunity-Funds.com.
9. USER SUBMISSIONS AND CONTENT
You acknowledge and agree that all comments, messages, products, services or other materials posted to the Site (“Content”) are the sole responsibility of the person or entity to whom the account from which such Content originated is registered. You are entirely responsible for all Content that is uploaded, posted, transmitted or otherwise made available via the Services by you or through your account, if any.
You represent and warrant that you own or have the necessary rights in and to any and all Content (including written consent for each individual person identifiable in such Content to use the name or likeness of each such person in the manner contemplated by the Service) uploaded, posted, transmitted or otherwise made available via the Service by you. You also represent and warrant that the Content will not infringe on copyright, trademark, privacy or other proprietary rights of others and is not libelous, slanderous or defamatory. Opportunity-Funds.com does not control the Content posted via the Services and does not guarantee the accuracy, integrity or quality of any such Content.
You agree not to post any Content to the Site that is, or could be construed to be, an offer to sell, or a solicitation of an offer to purchase, securities, under federal law or the law of any of the States or Territories.
Opportunity-Funds.com cannot and will not review all Content, and you understand that by using the Services, you may be exposed to Content that you find to be offensive. Under no circumstances will Opportunity-Funds.com be liable to you or to any third party in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of any access to or use of any Content posted, transmitted or otherwise made available via the Services.
You acknowledge that Opportunity-Funds.com is under no obligation to pre-screen or otherwise review any Content, but also that Opportunity-Funds.com and its designees shall have the right in their sole discretion for any reason and without notice to refuse, move or remove and discard any Content submitted, posted or otherwise available via the Services.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, and you shall not rely on the accuracy, completeness, usefulness or nature of such Content. You acknowledge and agree that Opportunity-Funds.com may preserve Content and may also disclose Content to others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Opportunity-Funds.com, its users and the public. You understand that the technical processing and transmission of the Services, including Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
10. LICENSE TO CONTENT SUBMITTED BY USERS
Opportunity-Funds.com does not claim ownership of the Content uploaded, posted, transmitted or otherwise made available by you via the Services. By submitting Content via the Services, you grant Opportunity-Funds.com an irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publish, publicly perform, publicly display and make derivative works from such Content.
11. MEMBER CONDUCT
You acknowledge that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Other than Content created by Opportunity-Funds.com (“Site Content”), Opportunity-Funds.com does not control the Content posted via the Services and does not guarantee the accuracy, integrity or quality of such Content.
You agree that you will not use the Services to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, pornographic or contains nudity, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, excessively violent, abusive, fraudulent or otherwise objectionable; cause harm minors in any way whatsoever; upload, post, email, transmit or otherwise make available any Content that could infringe upon any copyright, trademark, publicity or privacy right or any other intellectual property right of any person or entity unless you have first received permission from the owner of those rights to use such Content; impersonate any person or entity, including a Opportunity-Funds.com employee or agent, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; interfere with or disrupt the Services or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; intentionally or unintentionally violate any applicable local, provincial, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; “stalk” or otherwise harass another; collect or store personal data about other users in connection with the prohibited conduct and activities set forth above; and/or register on behalf of another person or use another’s account or post private information about third parties; and/or solicit personal information from others such as passwords or other Site account information.
Through the Site and Services, Opportunity-Funds.com may provide, or third parties may provide, links to other websites, white papers or resources. Opportunity-Funds.com has no control over such sites and resources. Therefore, you acknowledge and agree that Opportunity-Funds.com is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. In addition, you acknowledge and agree that Opportunity-Funds.com shall have no responsibility or liability whatsoever for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource. You enter other websites at your own risk and are highly advised to review their terms of service, privacy policies and other use agreements.
13. SUGGESTIONS, IDEAS AND RECOMMENDATIONS TO OPPORTUNITY FUNDS.COM
By submitting suggestions, ideas, recommendations and/or proposals (collectively “User Suggestions”) to Opportunity-Funds.com through email, forums, web pages or web forms, you acknowledge and agree that: (a) your User Suggestions do not contain confidential or proprietary information; (b) Opportunity-Funds.com is not under any obligation of confidentiality, express or implied, with respect to User Suggestions; (c) Opportunity-Funds.com shall be entitled to use or disclose (or choose not to use or disclose) such User Suggestions for any purpose, in any way, in any media worldwide; (d) Opportunity-Funds.com may have something similar to the User Suggestions already under consideration or in development; (e) your User Suggestions automatically become the property of Opportunity-Funds.com without any obligation of Opportunity-Funds.com to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Opportunity-Funds.com under any circumstances for any User Suggestions.
You agree to defend, indemnify and hold harmless Opportunity-Funds.com, its affiliates, 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) arising from: (a) your use of and access to the Services; (b) your violation of any of these TOS; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that any Content uploaded, posted, transmitted or otherwise made available by you via the Services caused damage to a third party. This defense and indemnification obligation will survive these TOS and your use of the Services.
Opportunity-Funds.com reserves the right to terminate your access to and/or use of the Services and remove and discard any Content at any time for any reason, including without limitation any failure to comply with any part of these TOS. Opportunity-Funds.com also reserves the right to discontinue providing all or part of the Services. You agree that any termination of your access to or use of the Service and any discontinuation by Opportunity-Funds.com in providing the Services may be effected without notice to you and that Opportunity-Funds.com shall be under no obligation to retain any Content, provide any further access to any Content or return any Content to you. You agree that Opportunity-Funds.com shall not be liable to you or any third-party for any such termination or for any interruption or discontinuation of the Services.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OPPORTUNITY-FUNDS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULL EXTENT PERMISSIBLE UNDER THE LAW; (B) OPPORTUNITY-FUNDS.COM WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICES, HOWEVER, OPPORTUNITY-FUNDS.COM IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CONTENT OR INFORMATION, REVENUE, OR OTHER HARM ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS, VIRUSES OR OTHER ERRORS, UNAUTHORIZED USE, OR OTHER INTERACTION WITH THE SERVICES. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICES. OPPORTUNITY-FUNDS.COM DOES NOT WARRANT THAT (I) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE AND SERVICES WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN ANY SOFTWARE USED IN CONNECTION WITH THE SERVICES WILL BE CORRECTED; (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR CONTENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OPPORTUNITY-FUNDS.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DAMAGE TO PROPERTY, PERSONAL INJURY, GOODWILL, USE, LOSS OF REPORTED EARNINGS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OPPORTUNITY-FUNDS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER AND WHENEVER ARISING, AND REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES RELATING TO (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.
Certain jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.
Opportunity-Funds.com may provide you with notices, including those regarding changes to this TOS by email, postal mail or postings on the Service. For the avoidance of doubt, please note that these TOS may be updated from time to time without notice to you.
19. INTELLECTUAL PROPERTY & TRADEMARKS
You hereby acknowledge that except for Content submitted by users of the Site and Services and other third parties, Opportunity-Funds.com is the sole owner of all text, messages, information, software, scripts, images, graphics, audio, video, interactive features, and the like contained on the Site (“Opportunity-Funds.com Content”). Opportunity-Funds.com owns all proprietary rights, including but not limited to trademarks and copyrights in the Opportunity-Funds.com Content and its selection, organization, and arrangement. Opportunity-Funds.com Content is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited. If you download or print any Opportunity-Funds.com Content for personal use, you shall retain all copyright and other proprietary notices contained therein.
The Opportunity-Funds.com logos, trademarks and service marks and other Opportunity-Funds.com logos, product names and service names (“Opportunity-Funds.com Marks”) are trademarks of MarCat. You agree that you will not display or use the Opportunity-Funds.com Marks in any manner whatsoever without our prior consent.
20. PROCEDURES FOR MAKING A CLAIM OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that the Site displays content in violation of your copyright or other rights, please immediately notify Opportunity-Funds.com by sending an email to info@Opportunity-Funds.com.
21. PROCEDURES REGARDING UNAUTHORIZED USE OF PHOTOGRAPHS OF LIVING PEOPLE POSTED ON THE SITE
If a photograph, video or other representation of your likeness (or someone to whom you are a parent or legal guardian) is posted on the Site without your permission, please immediately notify Opportunity-Funds.com by sending an email to info@Opportunity-Funds.com to report the unauthorized use of your image with the URL where the photo can be found.
22. VIOLATIONS OF TERMS OF SERVICE
Please report violations of this TOS by contacting us at info@Opportunity-Funds.com
23. MEMBER DISPUTES
If you have a dispute with one or more users of the Site and Services, you hereby release Opportunity-Funds.com from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Force Majeure – Opportunity-Funds.com shall not be liable for delay, termination or diminution in the Site or Service if the same is caused by conditions beyond a Opportunity-Funds.com reasonable control, including but not limited to, governmental action, terrorist act, riot, insurrection, fire, flood, accident, earthquake, electrical outage, telecommunications line failure, Internet outages, computer viruses, denial-of-service attacks, network failure, explosion, embargo, strike, labor or material shortage, transportation interruption, work slowdown or an act of God.
Entire Agreement / Amendments – This Agreement constitutes the entire understanding between the parties with respect to the subject of the Agreement. Notwithstanding the foregoing, these TOS may be modified from time to time by Opportunity-Funds.com without notice to you. You can review the most up-to-date version of the Site’s TOS by visiting this page.
Waiver and Severability – The failure of Opportunity-Funds.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations – You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Governing Law – This Agreement shall be construed and interpreted under the substantive laws of Washington, without regard to the choice of law provisions of any jurisdiction. This Agreement shall be enforced in the courts of Washington.
Entire Agreement – This document contains the entire understanding and agreement between you and Opportunity-Funds.com with regard to your use of the Services. Notwithstanding the foregoing, you acknowledge that you may be subject to additional terms and conditions that may apply when you use or purchase other services from Opportunity-Funds.com and/or third parties.
The Site is directed solely to individuals residing in jurisdictions in which provision of the Site’s content is legal. We make no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.