About Us: Terms of Use

CEI Capital Management LLC Website Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

Subject to these Terms of Use, CEI Capital Management LLC (referred to herein as "CCML," "we," "us" and "our") provides you with access to our website (referred to herein as the "Site").

CCML may take any such action as it deems necessary in the event that it suspects any fraudulent or unlawful activity, including without limitation, suspending or terminating access to the Site, suspending or terminating any CCML accounts.

1.Acceptance of Terms of Use

BY ACCESSING, USING, OR DOWNLOADING ANY CONTENT OR RECORDINGS AT OR THROUGH THIS SITE, YOU ARE AGREEING TO THESE TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE, PLEASE EXIT AND DO NOT ACCESS OR USE THIS SITE.

These Terms of Use are available at a link at the bottom of each page on the Site. We may change these Terms of Use at any time and from time to time. Please check these Terms of Use before using the Site to determine whether a change has been made. Your continuing access to or use of the Site confirms your unconditional acceptance of the then-current Terms of Use in their entirety.  If you do not agree to the changes in the Terms of Use as they occur, you should exit and not use the Site.

From time to time, CCML may supplement these Terms of Use with additional terms pertaining to specific content or events ("Additional Terms"), which Additional Terms may be placed on the Site to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.

By accessing this Site, you represent that you are 18 years or older. If you do not qualify, you may not use this Site.

2.The Site is Not an Offer or Commitment to Enter into Agreement

INFORMATION ON THE SITE IS NOT AN OFFER OR COMMITMENT TO ENTER INTO AN AGREEMENT WITH YOU. THE INFORMATION CONTAINED ON THE SITE IS OF GENERAL NATURE AND IS NOT TAILORED TO YOUR INDIVIDUAL CIRCUMSTANCES. WE MAY REFUSE TO PROVIDE OUR PRODUCTS AND SERVICES TO ANYONE AT ANY TIME.

3. Use of the Site

You may not distribute, modify, transmit, publish, reuse, repost or use the Site or any Content (defined below) made available on the Site: (i) for public or commercial purposes without the express written permission of CCML; (ii) in a manner inconsistent with or in violation of these Terms of Use; (iii) in violation of any applicable law, rule, regulation or order; or (iv) in a manner that could damage, disable, overburden or impair the Site or interfere with any other person’s use or enjoyment of the Site.

You will not use the Site for junk mail, 'spamming' solicitations (commercial or non- commercial), chain letters or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.

You will not transmit, distribute, introduce or otherwise make available in any manner through the Site any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, "Viruses"). We do not have an obligation to detect the presence of such Viruses. You may not use the Site in connection with requesting, harvesting, obtaining or storing any personal information or information about other users of the Site. You may not use any data mining, robots, or similar data gathering and extraction tools in connection with the Site. If you download software or any other content from the Site, you do so at your own risk.

4.Copyright and Trademarks

The Site and all text, audio, recordings, video, pictures, music, images, graphics, information, data, content, and other material displayed on, or downloadable from, the Site (the “Content”) are the property of, or used with permission by, CCML and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Use or with the prior written permission of the owner of such material. For avoidance of doubt and without limiting the foregoing, the Content includes any recordings, PowerPoint materials, or other content from the CCML NMTC Roundtable discussions and accessible at or via the Site. You may not modify the Content in any way or reproduce or publicly display, perform, distribute or otherwise use any such Content for any public or commercial purpose. Any unauthorized use of any Content may violate copyright laws, trademark laws, laws of privacy and publicity, or other laws, rules and regulations. You may not remove any copyright, trademark or other proprietary notices from the Site or any Content. All rights to Content not expressly granted herein are reserved by and to the respective owners of such Content.

Certain trademarks, trade names, service marks and logos, icons and domain names used or displayed on the Site are registered and unregistered trademarks, trade names and service marks owned by CCML. Other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by CCML. Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site without CCML’s written permission or the written permission of such third-party owner.

5. User Communications

You alone are responsible for any communication, message or other content that you post, upload, submit, transmit or share with CCML on the Site or by electronic mail or third party websites, including without limitation any data, images, questions, comments, ideas, concepts, know-how, techniques, suggestions or the like (collectively “User Communications”). By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity or any other applicable laws. CCML does not endorse or sponsor any such User Communications submitted by you or other users of the Site. We may terminate or deny you access to the Site if we determine that you are violating these Terms of Use, or applicable law, rule, regulation or order or that your conduct is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider or any other third party.

Subject to the terms and conditions set forth in our Privacy Policy (linked at the bottom of each page in the Site), all User Communications will be treated as non-confidential and nonproprietary information. Accordingly, please do not post, upload, submit or share any User Communications you wish to be kept confidential or for which you expect compensation, acknowledgment or attribution. You hereby grant to CCML and our affiliates and designees, a perpetual, fully paid up, royalty-free, irrevocable, worldwide license to the User Communications to use, transmit, copy, reproduce, distribute, publicly perform, publicly display, and prepare derivate works based upon such User Communications in any and all media now known or hereafter to become known for any and all commercial and non-commercial purposes, without the need for any acknowledgment, compensation or attribution. You declare and warrant to us that you are entitled to transmit or post User Communications to the Site and have all relevant licenses and consents from any relevant third parties. Further, CCML and its affiliates are free to use any ideas, concepts, know-how or techniques contained in any User Communication you send to the Site for any purpose whatsoever including without limitation developing, manufacturing and marketing content or products.

You are prohibited from posting, uploading, submitting, sharing or transmitting any unlawful, threatening, infringing, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. CCML will fully cooperate with any law enforcement or regulatory authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.

You are prohibited from impersonating any person or entity, or falsely stating or otherwise misrepresenting yourself or your affiliation with any person or entity.

We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We act merely as a medium for distribution of User Communications and will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You agree to notify CCML of any objectionable User Communications. We may remove any or all User Communications.

6. Personal Information/Privacy Policy

We value your privacy. Please refer to our Privacy Policy (also linked at the bottom of each page in the Site) for details about what information we collect on this Site and how we use and share such information.

7. Termination/Suspension

We may suspend or terminate your use of the Site at any time, for any reason or for no reason. We may change, suspend, or discontinue all or any aspect of the Site at any time without notice.

8. Linking

This Site may contain links to other websites that are not owned, operated or controlled by CCML or its affiliates (each a “Third-Party Site”). You acknowledge that www.gotomeeting.com is a Third-Party Site. All such links to Third-Party Sites are provided solely as a convenience to you. If you use these links, you will leave our Site. We are not responsible for your access to or use of any Third-Party Site. We do not endorse, guarantee, or make any representations or warranties regarding any Third-Party Site, or any content or information accessible from such Third Party Sites, or the results that you may obtain from using any Third-Party Site. If you access any Third-Party Site linked to or from the Site, you do so entirely at your own risk.

If you intend to create any link from another website to any page on this Site, you will inform us via email at: nmtcroundtable@ceicapitalmgmt.com. We may prohibit any such link at any time. Any permitted links to the Site must comply with all applicable laws, rules, regulations and orders and any applicable CCML policies. Running or displaying the Site or any Content in frames or similar means on another website without our prior written permission is prohibited.

9. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK. THE SITE, CONTENT AND ANY PRODUCTS AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CCML EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, CONTENT, AND ANY PRODUCTS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

YOU EXPRESSLY ACKNOWLEDGE THAT NEITHER THE SITE NOR ANY CONTENT CONSTITUTES LEGAL, ACCOUNTING, OR ANY OTHER PROFESSIONAL ADVICE.

CCML MAKES NO WARRANTY THAT THE SITE, CONTENT, OR ANY PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE, THE CONTENT OR YOUR USE THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR FREE.

CCML DOES NOT GUARANTEE OR WARRANT THAT THE SITE, THE SERVER OR ANY CONTENT ON THE SITE OR DOWNLOADED FROM THE SITE WILL BE FREE OF INFECTION FROM VIRUSES, WORMS, OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE, CONTENT, AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST CCML FOR ANY GRIEVANCES RELATING TO THE SITE, CONTENT, OR ANY DOCUMENTS DOWNLOADED FROM THE SITE IS TO STOP USING THE SITE OR ANY SUCH CONTENT OR DOCUMENTS.

THE WARRANTY DISCLAIMERS SET FORTH IN THIS SECTION DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

10. Limitations of Liability

IN NO EVENT WILL CCML BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES (AND DAMAGES FROM LOST PROFITS, INTERRUPTION OF BUSINESS, LOST DATA), WHETHER FORSEEABLE OR NOT, WHICH MAY ARISE OUT OF YOUR ACCESS TO, INABILITY TO ACCESS, OR YOUR USE OF THE SITE OR CONTENT OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.

11. Indemnification

UNLESS PROHIBITED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF CCML, ITS AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM OR RELATED TO YOUR USE OF THIS SITE OR ANY CONTENT, THE VIOLATION OR ATTEMPTED VIOLATION OF THESE TERMS OF USE BY YOU, OR THE INFRINGEMENT BY YOU, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. IF YOU ARE OBLIGATED TO INDEMNIFY US HEREUNDER, WE MAY CONTROL THE DEFENSE AND DISPOSITION OF ANY SUCH CLAIMS AT YOUR SOLE COST AND EXPENSE. WITHOUT LIMITING THE FOREGOING, YOU MAY NOT SETTLE, COMPROMISE OR IN ANY OTHER MANNER DISPOSE OF ANY THIRD-PARTY CLAIM WITHOUT OUR CONSENT.

12. Governing Law; Disputes; Jurisdiction; Class Action Waiver

We provide our Site from our offices within the United States. We make no representation that the Content on our Site is appropriate, legal or available for use in other locations.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Maine, without giving effect to its conflicts of law provisions. You irrevocably consent to jurisdiction in the federal or state courts located in the State of Maine, for any action or proceeding to enforce this Terms of Use. Any action or proceeding arising out of or relating to this Terms of Use shall be filed in and litigated solely before the state or federal courts of the State of Maine, and each party to these Terms of Use generally and unconditionally accepts the exclusive jurisdiction of the aforesaid courts and venue therein. A printed version of these Terms of Use will be admissible in proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE SITE, OR ANY CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED.

YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST CCML ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR SIMILAR CONSOLIDATED ACTION.

Remedies for Breach of these Terms by You

Without limiting any other rights or remedies, in the event that CCML determines that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct that CCML deems to be inappropriate or unacceptable, CCML may (i) warn you via e-mail that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to the Site; (iii) discontinue your access to the Site, (iv) notify and/or send Content to and/or fully cooperate with law enforcement authorities for further action; and/or (v) any other action which CCML deems to be appropriate.

If your ability to access and/or use the Site or any other service provided to you by CCML is discontinued by us hereunder, then you agree that you shall not attempt to re-register with or access the Site, any other service provided by CCML, through use of a different member name or otherwise.

14. Use of the Site Outside of the United States

We make no representation that information available in connection with the services provided by CCML is appropriate or available for use outside the United States. If you access the Site and our services from outside the United States you do so on your sole initiative and risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.

15. Children

Access to and use of the Site is made available only to people who can form legally binding agreements under applicable law. The Site is intended for a general audience and is not intended to be used by minor children. Children accessing the Site should obtain the permission and assistance of a parent or legal guardian. If you allow your minor child or a child for whom you are a legal guardian (a "Minor"), to access the Site, you will be solely responsible for: (i) the online conduct of such Minor; (ii) monitoring such Minor's access to and use of the Site; and (iii) the consequences of any use of the Site by such Minor. Pursuant to Title 47 U.S.C. § 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material and information that is harmful to minors. Information identifying current providers of such protections is available at the GetNetWise website http://www.getnetwise.org/ (GetNetWise is not owned, operated, endorsed by or affiliated with CCML).

16. Relationship

Without limiting any other provision of these Terms of Use, these Terms of Use create no agency, partnership, joint venture, or employee-employer relationship between you and CCML.

17. Miscellaneous

In the event that any provision of these Terms of Use conflicts with applicable law, rule, regulation or order or if any provision is held invalid by a court with competent jurisdiction, then such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties, and the remainder of these Terms of Use will remain in full force and effect. Any failure by CCML to insist upon or enforce strict performance of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment of CCML’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. We will not be liable for failure or delay in performing our obligations because of causes beyond our reasonable control, including acts of God, terrorism, war, riots, fire, earthquake, flood, or degradation or failure of third party networks or communications infrastructure.

You represent to CCML that you have the authority to access and use the Site according to these Terms of Use. These Terms of Use and any Additional Terms (as such terms shall be identified when posted on the Site) constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings. You consent to receive communications from us electronically. We may communicate with you by email, phone, SMS text message or by posting notice on this site. You agree that any notices, disclosures, amendments or other communications provided to you electronically satisfy any requirement, legal or otherwise, that such communication be in writing.

18.Contact Us

We welcome your comments and questions. Please contact us at:

CEI Capital Management, LLC

30 Federal St.

Suite 200

Brunswick Me, 04011 nmtcroundtable@ceicapitalmgmt.com

 

Copyright 2018 CEI Capital Management, LLC. All rights reserved. LAST UPDATED: June 2018