TERMS OF USE AGREEMENT

This website (the “Website”) is maintained by Cartagena Capital LLC (“Service Provider,” “we,” “us,” or “our”).  By using the Website, you agree to comply with and be bound by the following terms and conditions (this “Agreement”) which we may change at any time by posting such changes to the Agreement on the Website.  If you do not accept this Agreement, do not use the Website.

You are authorized to access the Website only if you agree to abide by all applicable laws and this Agreement.  Any additional terms and conditions proposed by you which are in addition to or which conflict with this Agreement are expressly rejected and shall be of no force or effect. 

Limitation on Use

The text, graphics, images, video, metadata, design, advertising and all other protectable intellectual property (the “Content”) available through the Website are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws.  The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, removal, deletion, or other use or change by you, directly or indirectly, of any such Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.

You agree not to otherwise create abstracts from, scrape or display the Content for use on another Website or service or post any Content from the Website to weblogs, newsgroups, mail lists, electronic bulletin boards, or the like without our written consent. 

You agree not to disrupt, attack, modify, reverse engineer or otherwise interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Website.

You agree not to use the Website for any unlawful purpose. We reserve the right to terminate or restrict your access to the Website if, in our opinion, your use of the Website may violate any laws, regulations or rulings, infringe upon another person’s rights or violate the terms of this Agreement.

Other than connecting to our servers by http requests using a Web browser, you may not attempt to gain access to our servers by any means, including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise.

Age of Use

This Website is not intended for use by children, especially those under age 13.  No one under age 13 is allowed to provide any Personal Information (defined below) to us. Minors between the ages of 13 and 17 must get the permission of their parent(s) or legal guardian(s) before using this site.

Linked Sites

The Website may contain links to third-party websites.  Any linked sites are not under our control, and we are not responsible for the contents of any linked site.  We provide these links as a convenience only.  A link does not imply endorsement of, sponsorship of, or affiliation with the linked site by us.  You should make whatever investigation you feel necessary or appropriate before visiting any linked site or proceeding with any transaction with any of these third parties.  We participate in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn commissions by linking to Amazon.

Privacy Policy

This Policy forms part of and is incorporated into the Agreement.  We take reasonable steps to protect user privacy consistent with the guidelines set forth herein and with applicable U.S. state and federal laws. WE TAKE THESE PRECAUTIONS IN AN EFFORT TO PROTECT YOUR INFORMATION AGAINST SECURITY BREACHES. HOWEVER, THIS IS NOT A GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED, DISCLOSED, MODIFIED, OR DESTROYED BY SECURITY BREACHES. BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ASSUME THESE RISKS.

When you visit the Website, we may collect basic information that does not identify individual users, including the pages visited.  We also may utilize other technologies such as cookies (both session and consistent), web beacons, record log file and related data, as well as use services such as Google Analytics.  This information may be used for operational and administrative purposes such as measuring aspects of the Website in order to improve the Website and the user experience

We may allow other companies, called third-party ad servers or ad networks, to serve advertisements on the Website.  These third parties, including Google, may use technology to send, directly to your browser, the advertisements and links that appear on the Website.  They may automatically receive your IP address when this happens.  These third parties may also use other technologies (such as cookies, JavaScript, or Web Beacons) to serve ads based on your prior visits to the Website or other websites, to measure the effectiveness of their advertisements, and to personalize the advertising content.  In particular, Google’s use of advertising cookies enables it and its partners to serve ads to you based on your visit to the Website and/or other sites on the Internet.  You may opt out of a third party network’s use of cookies for personalized advertising by visiting www.aboutads.info. For Google specific questions, please see How Google uses data when you use our partners’ sites or apps

If you correspond with us via email or otherwise, we may retain your name, the content of your messages, your email or other address, any other personally identifiable information you provide (all such information, “Personal Information”), and our responses.  WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO US AND YOU DO SO AT YOUR OWN RISK.

If you would like your name and email address permanently removed from our database, please email us.   We will promptly delete your name and email address and you will no longer receive email from us. Your removal from the mailing list or database will not remove data you have submitted to us or records of past use of the Website, nor delete information stored in our data backups and archives. Such data will be maintained and/or deleted in the ordinary course of our business.

We may post to the Website and use for marketing purposes user reviews, testimonials and social media posts or comments about the Website (collectively, “Reviews”), whether such Reviews are posted on our Website or on social media, and we may use Reviews in other formats consistent with consent received. Reviews may contain Personal Information. We may use such information to contact you to obtain a Review and obtain your consent via email or agreement sent via fax, pdf or mail prior to using such Review and/or using your name along with your Review.

We may disclose Personal Information if required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce this Agreement, take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our site; and (c) to exercise or protect the rights, property, or personal safety of us, our users or others.

Intellectual Property

All Content and otherwise protectable features of this Website, including but not limited to the design, layout, text, graphics and images were created by or at our direction, are protected by United States and international trademark and copyright law and other applicable law, and are the property of Service Provider, except as otherwise identified. NO PORTION OF THIS WEBSITE MAY BE RETRANSMITTED OR COPIED WITHOUT WRITTEN PERMISSION FROM US.

Warranty Disclaimers and Limitations of Liability

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE WEBSITE OR ANY SITE CONTENT.  THE WEBSITE AND SITE CONTENT ARE PROVIDED “AS-IS” AND WITH ALL FAULTS, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: (i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; (ii) THAT THE WEBSITE OR ANY SITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION OR USE OF THE WEBSITE OR ANY SITE CONTENT, AND (iv) AS TO THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION OBTAINED FROM THE WEBSITE OR ANY SITE CONTENT.

UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM US ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHER DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEBSITE OR ANY SITE CONTENT, EVEN IF WE HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Ideas Submitted

In the event that you submit to us any comment, idea or suggestion  (including comments of any kind, submissions via the Website, any social media platform or any email addresses of Website personnel located on or through the Website) (collectively, “Submissions”), the Submissions will be deemed, and will remain, the sole property of us.    None of the Submissions or any component thereof (such as name and email address) will be subject to any obligation of confidence on the part of us, and we will not be liable for any use or disclosure of any Submissions.  Without limiting the foregoing, we will be entitled to unrestricted use and other exploitation of the Submissions for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Submissions.

Miscellaneous Provisions

No waiver by us of any breach of any provision herein will constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision, and no waiver by us will be binding unless made in an express writing signed by us.  If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.  This Agreement sets forth the entire agreement between you and us regarding its subject matter, and supersedes all prior promises, agreements, discussions or representations, whether written or oral, regarding such subject matter.  Except as otherwise provided herein, this Agreement may only be modified by an express written instrument signed by us.  You may not assign or otherwise transfer this Agreement or any of your rights hereunder, or delegate any of your obligations hereunder, without the prior written consent of us in its sole discretion.  Any purported assignment or delegation without such consent will be null and void. We may freely assign, transfer or delegate this Agreement, in whole or in part, from time-to-time.  This Agreement will be binding upon and inure to the benefit of the parties’ successors and permitted assigns  .You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.

This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, excluding its conflict of law provisions.  Any claim or dispute arising out of or concerning this Agreement shall be resolved exclusively in a federal or state court of competent jurisdiction located in the Commonwealth of Massachusetts, and you agree not to bring any such suit, claim or cause of action except in a court located within the Commonwealth of Massachusetts.

Effective date of this Agreement: 8/31/19

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