TERMS OF USE

By accessing and using this web site, user agrees to these Terms of Use and user represent that user is 18 years or older. If any of these terms are unacceptable to the user, the user may not access this site until agreement has been reached between the user and Mark Fontanilla & Co., LLC as to the applicable terms of use.

The term "User" refers to anyone who accesses this web site.  The term "MF & Co" refers to Mark Fontanilla & Co., LLC.

 

Subject to applicable laws and regulations, MF & Co may change these Terms of Use at any time without notice. Changes will be posted to this URL. Use of this web site after any changes have been posted will constitute User’s agreement to the modified Terms of Use and all of the changes.

 

1. USE OF THIS WEB SITE

 

MF & Co grants User a non-exclusive, non-transferable, limited, revocable license to access and use this website and its Content (as defined below) subject to the terms set forth herein. The content of this website includes, but is not limited to: text, data, reports, images, photos, graphics, graphs, charts, animations, and videos (together the "Content"). User agrees not to copy, reproduce, modify, display, perform, publish, distribute, transmit, broadcast, circulate, create derivative works from, store, capture, or link to this website or any of its Content without the express written consent of MF & Co.  To request consent for uses such as linking to Content on User’s website, User may contact MF & Co at info@markfontanilla.com.  Without limiting the foregoing, the Content may not be used in connection with the creation, development, calculation, compilation, publication, or distribution of any financial instrument or product, or any index or investment strategy, without the appropriate Licensing Agreements in place with MF & Co.

 

2. MF & CO’S INTELLECTUAL PROPERTY RIGHTS.

 

Except as otherwise provided herein by these Terms of Use, the website and the Content are the property of MF & Co, its affiliates, or their third-party licensors, and are protected by copyright and intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the website, and within the Content contained in the website, are proprietary to MF & Co and/or their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the "Marks") displayed on the web site may be registered or unregistered marks of MF & Co, its affiliates, or their third-party licensors. Nothing contained on this website should be considered as a granting of license, or right to use, any of the Marks displayed on the web site, without the express written permission of MF & Co or the third-party owner of such Marks.

 

3. INTELLECTUAL PROPERTY RIGHTS IN LICENSED CONTENT

Information that appears, or may appear, on the website is provided by MF & Co and/or third parties.  Third parties who provide information have done so under a direct license agreement with MF & Co (“Licensed Content”).  Licensed Content is the property of such third parties who have contracted with MF & Co to use and/or maintain such Licensed Content.  The Licensed Content is not sponsored by MF & Co or its affiliates or its third-party licensors. MF & Co. is not responsible for any errors or omissions in Licensed Content. CRTx® and RNI™ are registered and unregistered trademarks of MF & Co, respectively.

4. USER’S CONTENT

Material that appears on this website that is entered by any User will be referred to as "User Content". User grants MF & Co the non-exclusive right to use, publish, distribute, and/or repurpose all material entered, submitted, uploaded, or transmitted into the web site by the User, other than third-party licensed information submitted through electronic or other mediums, in any of MF & Co' or its affiliates print or electronic publications. User will not receive any compensation from MF & Co or its affiliates in connection with your submission of User Content to this website.

Users submitting User Content onto this website are responsible for the content of that information. Neither MF & Co nor any of its affiliates have any responsibility for User Content, including the content of any messages or information posted by Users, or for the content of information accessible via direct or indirect hyperlinks from this website. MF & Co, in its sole discretion, reserves the right to review, edit, or delete User Content that MF & Co deems to be illegal, inappropriate, offensive, irrelevant, or infringing upon another party’s rights.

 

User agrees (a) to use this website in accordance with these Terms of Use, and (b) that user will not: (i) post or transmit any User Content that is illegal, threatening, abusive, defamatory, obscene, harassing, profane, or otherwise offensive; (ii) impersonate any person or entity or falsely state or otherwise misrepresent User’s professional or other affiliation with any person or entity; (iii) post or transmit User Content that infringes upon any legal intellectual property rights of another person or party, including patent, trademark, trade secret, copyright, or other proprietary rights; (iv) interfere with other User’s normal use of this website; (v) post or transmit any information, software or other material which is of a technologically harmful nature, such as viruses; (vi) post, transmit, or in any way exploit any information, software or other material for commercial or political purposes; (vii) post or transmit any information, software or other material which contains advertising or any other form of solicitation; (viii) access, or attempt to access, another User's login-accessed areas, or access, or attempt to access, areas to which User is not authorized to access; or (ix) use this website to violate, or attempt to violate, or assist any other person or entity in violating, or attempting to violate, any laws or agreements the User may have with MF & Co, including, without limitation, any confidentiality, non-solicitation, or non-compete agreements between User and MF & Co.

MF & Co, at its sole discretion, shall determine whether any User Content submitted to this website violates the Terms of Use. While MF & Co has no obligation to monitor or review User Content, User Content on this website may be pre-screened and otherwise monitored to ensure compliance with these Terms of Use. MF & Co reserves the right to discontinue User access to this website, with or without notice, if MF & Co has reasonable basis to believe that User’s access or use of this website, or the User’s Content, is in violation of these Terms of Use. User also agrees and understands that MF & Co may preserve and disclose User Content if, in MF & Co' sole discretion, such action is reasonably necessary to: (a) comply with applicable laws; (b) enforce these Terms of Use; (c) respond to claims that a User has violated the rights of third parties; or (d) protect the rights, interests, property, or reputation of MF & Co, other Users, or other persons or entities. User’s use of this website constitutes User’s consent to such monitoring and disclosure.

User agrees to indemnify MF & Co, its affiliates, and any third-party Content providers from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, that MF & Co, its affiliates, and any third-party Content providers may incur as a result of either: (i) User’s breach of Section 5 (Anti-Hacking Provisions) of these Terms of Use; or (ii) the submission of User Content to this website with the use of a User login name or password.

5. HACKING PROHIBITION

User agrees not to:

  • Use, or attempt to use, any computer or electronic automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any part of this website, or Content found on or accessed through this website, or any User Content without the prior express written consent of MF & Co;

  • Procure, or attempt to procure through any method, any materials or information on this website that have not been intentionally made publicly available, either by public display on this website, or vi link on this website;

  • Violate the security of this website, or attempt to gain unauthorized access to this website, its Content and/or User Content, or the systems, networks or servers of MF & Co, through any means;

  • Interfere, or attempt to interfere, with the appropriate functioning of this website, including accessing any data, content or other information in advance of its scheduled release and intended availability to the public on this website;

  • Attempt any action that, in the sole discretion of MF & Co, imposes an inordinately excessive computational or technological load or burden on this website, or MF & Co' infrastructure; and/or

  • Intentionally or unintentionally abuse this website by knowingly introducing harmful technology implementations including viruses and other materials that are detrimental or technologically harmful.

 

6. REGISTRATION

As part of any registration process for this website, User may be required to select a user name and password.  In connection with any registration process, User must provide MF & Co with accurate, complete, and updated information. Failure to do so constitutes a breach of these Terms of Use, which may result in immediate suspension of User access.  The User is responsible for maintaining the confidentiality of their account and password and for restricting access to their computer, and the User agrees to accept responsibility for all activities that occur under their account or password. User may not assign or otherwise transfer their account to any other person or entity. The User acknowledges that MF & Co is not responsible for third party access to their account that results from theft or misappropriation of their account. 

 

7. ELECTRONIC CONSENT

 

Visiting www.markfontanilla.com or sending emails to MF & Co constitutes electronic communications.  User consents to receive electronic communications and User agrees that all agreements, notices, disclosures and other communications that MF & Co provides electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

 

8. INTERNATIONAL USERS

 

The Service is controlled, operated and administered by MF & Co from our offices within the United States of America.  If the user accesses the Service from a location outside the United States of America, the User is responsible for compliance with all local laws.  The User agrees that they will not sure the MF & Co Content accessed through www.markfontanilla.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

9. LIMITATION ON WARRANTIES AND LIABILITY

User is entirely liable for activities conducted by User in connection with access, browsing, and using this website. If User is unsatisfied with this website, or with these Terms of Use, User’s sole and exclusive option is to discontinue using this website. Neither MF & Co nor any third-party provider will pay User any compensatory damages in connection with User’s browsing and/or use of this website.

Access to this website and all its Content is provided "as is". Neither MF & Co, nor its affiliates, nor their third-party providers, make any guarantee as to the accuracy, completeness, timeliness or availability of any information provided through this web site including the Content and User Content. MF & Co, its affiliates or their third-party providers and their directors, officers, shareholders, employees or agents are not responsible for any errors or omissions, regardless of the cause, or for the results obtained from the use of the website, the Content and/or User Content. MF & Co DOES NOT EXCLUDE, OR LIMIT IN ANY WAY, ITS LIABILITY TO USER WHERE IT WOULD BE UNLAWFUL TO DO SO.  THIS INCLUDED LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY MF & Co’s NEGLIGENCE OR THE NEGLIGENCE OF ITS EMPLOYEES, AGENTS, OR SUBCONTRACTORS, AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MF & Co, ITS AFFILIATES AND THEIR THIRD-PARTY PROVIDERS DENY ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF COMMERCIAL VIABILITY OR SUITABILITY FOR ANY PARTICULAR PURPOSE OR INTENDED USE WITH RESPECT TO THIS WEBSITE INCLUDING: the Content and User Content. In no event shall MF & Co, its affiliates or their third party providers and their directors, officers, shareholders, employees or agents be liable to any person or entity for any direct, indirect, incidental, exemplary, compensatory, punitive, special or consequential damages, costs, expenses, legal fees, or losses (including, without limitation, lost income or lost profits and opportunity costs) in connection with any use of this website, the Content and/or User Content, even if advised of the possibility of such damages. The research, opinions, comments, observations, and analysis of MF & Co and its affiliates contained in any Content are statements of opinion, as of the date they are expressed, and are not considered statements of fact, or recommendations to purchase, hold, or sell any securities or make any investment decisions. MF & Co assumes no obligation to update any Content following release and/or publication. Users of Content provided through this website shall not rely solely on any Content in making any investment decision. MF & Co's research, opinions, comments, observations and analysis do not determine the suitability of any security or investment. MF & Co does not act as a fiduciary, dealer, or investment advisor. While MF & Co has obtained information from sources it believes to be reliable, MF & Co does not warrant to performing audits, and undertakes no duty of due diligence, or independent verification of any information it receives. MF & Co keeps its activities separate from the activities of its affiliates in order to preserve the independence and objectivity of each of these activities. As a result, certain affiliates of MF & Co may have information that is not available to MF & Co.

10. ADDITIONAL LEGAL TERMS

Subject to applicable laws and regulations, MF & Co may discontinue or change this website, or its availability to Users, at any time. These Terms of Use will survive any discontinuation of this website. Unless a User has entered into a separate license agreement and/or subscription agreement with MF & Co related to User’s access to, use, and/or distribution of any Content, these Terms of Use constitutes the entire agreement between the User and MF & Co regarding this website, the Content, and User Content, and supersedes an/all other agreements, either written or verbal, with respect to this website, the Content, and User Content. Any failure of MF & Co to request compliance with any of these Terms of Use shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. If any provision in these Terms of Use is invalid or unenforceable under applicable law, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.  If such modification is not possible, the relevant terms shall be deemed deleted and the remaining provisions will continue in full force and effect. These Terms of Use, User rights and obligations, and all claims or actions related to these Terms of Use shall be governed by the laws of the United States of America and The State of North Carolina. The parties agree that the State and Federal courts located in North Carolina shall be the exclusive forums for any dispute arising out of these Terms of Use and the parties hereby consent to the personal jurisdiction of such courts. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings.

11. DIGITAL MILLENNIUM COPYRIGHT ACT NOTIFICATION OF CLAIMS OF INFRINGEMENT

If User believes the Content or User Content displayed on this website infringes upon the User, the user may send a detailed written notice to Mark Fontanilla & Co., LLC, 255 MLK Blvd - Suite 2402, Charlotte, NC 28202 Attn. Complaints, or via email to info@markfontanilla.com. MF & Co will make every effort to respond immediately, and to remove, or stop access to, the infringing material that is claimed to be infringed, or to be the subject of the infringing activity, if it is determined that there is a legitimate infringement claim presented.

12. HOW TO CONTACT MF & CO

If User has any questions or concerns about these Terms of Use, please contact MF & Co:

Via email at: 

info@markfontanilla.com

Via written correspondence:

Mark Fontanilla & Co. LLC

255 MLK Blvd

Suite 2402

Charlotte, NC 28202

© 2020 Mark Fontanilla & Co., LLC