TERMS AND CONDITIONS OF USE

WELCOME TO THE TM CAPITAL CORP (“TM CAPITAL”) WEBSITE (THE “SITE”). BY ACCESSING THIS SITE, YOU SIGNIFY YOUR ASSENT TO THE FOLLOWING TERMS AND CONDITIONS OF USE (THE “TERMS”) WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THIS SITE. PLEASE READ THESE CONDITIONS CAREFULLY BEFORE USING THIS SITE. TM CAPITAL MAY AT ANY TIME REVISE THE TERMS BY UPDATING THIS SITE. YOU ARE BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE TO REVIEW THE THEN CURRENT TERMS. IF ANY CHANGE IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR USE OF THIS SITE. THIS SITE IS FOR INFORMATIONAL PURPOSES AND DOES NOT CONSTITUTE AN OFFER TO SELL OR A SOLICITATION OF AN OFFER TO BUY ANY SECURITY WHICH MAY BE REFERENCED HEREIN.

Disclaimer

The information provided on this Site is provided for informational purposes only. While TM Capital seeks to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors for which we apologize. TM Capital reserves the right to make changes and corrections to the Site at any time, without notice. The information provided on the Site is provided on an “AS IS” and “as available” basis without representations or warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, TM Capital expressly disclaims all such representations and warranties, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose or non-infringement and any implied warranties arising from course of dealing or course of performance. TM Capital does not warrant, either expressly or impliedly, the accuracy or completeness of the information, text, graphics, links or other content contained on this Site or that the Site or the server that makes it available are free from viruses or other harmful components. TM Capital expressly disclaims all liability for errors and omissions in these materials and for the use or interpretation by others of information contained on the Site. TM Capital will not be responsible for any loss or damage that could result from interception by third parties of any information made available to you via this Site.

Neither TM Capital, nor any of its directors, officers or employees, nor any third party vendor retained by TM Capital will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Site, or resulting from the act or omission of any other party involved in making this Site or the data contained therein available to you, or from any other cause relating to your access to, inability to access, or use of the Site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of TM Capital or of any vendor providing software or support services for this Site. In no event will TM Capital, its employees, agents, officers or affiliates or any such parties be liable to you for any direct, special, indirect, consequential, incidental damages or any other damages of any kind even if TM Capital or any other party have been advised of the possibility thereof.

Nothing contained in this Site constitutes investment advice. Neither the information nor any opinion contained in this Site constitutes a solicitation or offer by TM Capital or its affiliates to buy or sell any securities, futures, options or other financial instruments, nor shall any such security be offered or sold to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. Decisions based on information contained on TM Capital’s Site are the sole responsibility of the visitor, and in exchange for using the Site, the visitor agrees to hold TM Capital harmless against any claims for damages arising from any decisions that the visitor makes based on such information.

Oaklins is the collective trade name of independent member firms affiliated with Oaklins International Inc. For details of the nature of affiliation please refer to www.oaklins.com/legal

Trademarks And Copyrights; Restrictions on Use

TM Capital owns and operates this Site. This Site and its contents, including, but not limited to, text, photographs, graphics, illustrations, video, sound, and other material (all such content collectively referred to as “Content”) are protected under United States and international copy right laws and are the property of TM Capital or its third-party licensors, if any. All rights reserved. All TM Capital logos, page headers, custom graphics and button icons displayed on this Site are service marks, trademarks and/or trade dress (collectively, “Marks”) of TM Capital or its third-party licensors, if any. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks or third party trademark displayed on this Site without the written permission of TM Capital or such third party that may own the trademarks displayed on this Site. Except as specifically permitted herein, your use of the Content or any of the Marks or third party trademarks displayed on this Site is strictly prohibited.

Images displayed on this Site are either the property of, or used with permission by, TM Capital. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you download any information or software from this Site, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.

Permission is granted to display and navigate this Site with a computer using HTML browser software, solely for personal, non-commercial use. Any commercial or public use of this Site or any portion hereof is strictly prohibited. You may download or copy the Content or Marks displayed on this Site solely for non-commercial, personal use, provided that you retain any notices contained in the Content or Marks, such as all copyright notices, trademark legends, or other proprietary rights notices. You may not distribute, modify, transmit, reuse, repost, or use any of the Marks or the Content of this Site for public or commercial purposes, including the text, images, audio, and video without TM Capital’s written permission. Modification or use of the Content for any other purpose violates TM Capital’s intellectual property rights. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. TM Capital neither warrants nor represents that your use of the Content or the Marks displayed on this Site will not infringe rights of third parties not owned by or affiliated with TM Capital.

Submissions and Comments

Electronic Mail (“email”) submitted to this Site should be considered neither secure nor confidential. TM Capital makes no representation whatsoever concerning the security or confidentiality of your email messages and specifically makes no representation that any email message submitted through this Site will be received by TM Capital.

Any communications or material you transmit to this Site by electronic mail or otherwise, including data, questions, comments, feedback, ideas, suggestions or other submissions (collectively, “Comments”) will be treated as non-confidential and nonproprietary and will become the property of TM Capital or its affiliates. You grant TM Capital and its affiliates a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, and publicly display (in whole or part) your Comments, your name, and any related copyrights, moral rights, or other intellectual property rights. Furthermore, TM Capital is free to use any ideas, concepts, know-how, or techniques contained in any Comments you send to this Site for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.

Use Of Links

This Site may contain links to other websites (“Linked Sites”). Should you leave this Site via a link contained herein, and view content that is not provided by TM Capital, you do so at your own risk. TM Capital does not operate or control any information, products or services on the Linked Sites and the content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by TM Capital. TM Capital is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in the Linked Sites, whether actual, alleged, consequential or punitive. TM Capital makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content.

Indemnification

You agree to defend, indemnify and hold TM Capital harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, including attorneys’ fees, arising from or related to your (i) use of this Site or (ii) violation of any of these Terms.

Ownership Of Other Materials

Adobe®, Acrobat®, Acrobat® Reader, and the Acrobat logo are trademarks of Adobe Systems Incorporated. Microsoft® and Internet Explorer are trademarks of Microsoft Corporation. Oaklins is the collective trade name of independent member firms affiliated with Oaklins International Inc.

Jurisdiction And Governing Law

These Terms are governed by and shall be construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law. If you take legal action relating to these Terms or your use of the Site, you agree to file such action only in the New York State Supreme Court, or the United States District Court for the Southern District of New York, and you consent and submit to the personal jurisdiction of those courts for the purpose of litigating any such action.

Integration And Severability

If any provision of the Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Terms and will not affect the validity and enforceability of the remaining provisions. The preceding Terms represent the entire agreement between TM Capital and you relating to the subject matter herein. These Terms are effective unless and until terminated by TM Capital.

Business Continuity Plan

TM Capital maintains a Business Continuity Plan with procedures for dealing with an emergency or significant business disruption.  Clients with questions regarding such plan should contact the firm.

© 2016 TM Capital Corp. All rights reserved.

Your use of this Site signifies that you accept the Terms and Conditions of Use.