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These Terms of Use (“Terms”) govern your use of the web portal (the “Portal”) through which you can access information concerning your investments with DJM Capital Partners, Inc. (“DJM”).  By clicking on “I Agree” at the end of these Terms, or by accessing the Portal in any manner, you agree that you have read, understand, and agree to be bound by these Terms to the exclusion of all other terms and conditions.  If these Terms are considered an offer, acceptance is expressly limited to such terms.  Use of the Portal is expressly conditioned on your assent to these Terms.  If you do not unconditionally agree to all of the terms and conditions of these Terms, you have no right to access the Portal.  To reject these Terms, you must click “I Don’t Agree”, and cease your use of the Portal. 
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
These Terms may include additional specific terms of use or disclaimers that are posted on our Portal concerning specific content, applications, or other items made available to you.  We may modify, replace, refuse access to, suspend or discontinue the Portal, or change these Terms or any other terms concerning the Portal at any time and from time to time.  Any change will be effective ten (10) days after we notify you directly by electronic mail.  Any update to the Terms shall apply for all time periods after its effective date but shall not apply for any periods prior to that date.  Except as set forth in the section entitled “Dispute Resolution”, if you don’t agree to the changed Terms, you may not use this Portal.
These Terms were last updated on June 16, 2014.

1.         Our Portal.

The Portal is operated by DJM Capital Partners, Inc., a California corporation, and any content including, without limitation, any text, code, images, graphics, video, binary files, ads, accounts, account information, emails, messages and any other user communications, information obtained from DJM’s licensors, and other material contained on the Portal, are for informational purposes only.  This Portal is not designed for, and not promoted to, users under the age of 13.  If you are under the age of 13, you are not allowed to use the Portal.  If you are under the age of 18, you may use the Portal only with the involvement of a parent or guardian.  You may not effectuate any transactions with DJM or any third party on the Portal.

2.         Accounts.

2.1.            Account Creation.

In order to access certain features of the Portal, you must register to create an account (an “Account”).

2.2.            DJM Accounts.

Once you create your Account, you will be able to access records concerning your DJM investments (the “Records”) and other information that DJM may provide concerning your investments and DJM’s activities (the “DJM Information”).  Any information you provide during the registration process is accurate, current and complete, and you will update such information to keep it accurate, current and complete.  DJM reserves the right to suspend or terminate your Account and your access to the Portal if you violate any of these Terms, or if any information you provide during the registration process or thereafter proves to be inaccurate, not current, or incomplete.  You will not allow any third party to use your account.  You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your DJM Account, whether or not you have authorized such activities or actions.  You will immediately notify DJM of any unauthorized use of your DJM Account.

3.         Activities on the Portal.

3.1.            What You Can Do.

DJMauthorizes you to view and download the DJM Information on the Portal solely for your personal use in connection with managing your DJM investments.  DJM grants you no other rights, implied or otherwise, with respect to the DJM Information and reserves all rights not expressly granted under these Terms including, without limitation, any right to copy, distribute, or create derivative works of, any DJM Information, or use any trademarks or service marks of DJMor any of its suppliers.  Any DJM Information accessible within the Portal, that are not your Records, is owned by DJMor its suppliers.

3.2.            What You Can’t Do.

As a condition to using the Portal, you may not do any of the following:
  • duplicate, link, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit the Portal;
  • reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software used to provide any part of the Portal;
  • use intellectual property of DJM including, without limitation, the DJM Information, to adapt, modify or create derivative works based on such intellectual property; or
  • do anything that could circumvent any security, or disable, overburden, or impair the proper working or appearance of the Portal, such as a denial of service attack, or spam, or otherwise interfere with other Portal functionality.
You agree to indemnify and hold LinkMeGlobal and its stockholders, employees, and representatives, harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your violation of these Terms or your conduct or activities on, through, or related to the Portal.

3.3.            Using the Portal on Mobile Devices.

If you are accessing the Portal using a mobile device, your carrier’s normal rates and fees, such as text messaging fees, will still apply.

3.4.            Security Circumvention.

You may not attempt to, or actually override or circumvent, any security component included in or underlying the Portal including, without limitation, any form of verification used by DJM.

3.5.            Our Activities.

DJM has the right in its sole discretion to limit, modify, interrupt, suspend or discontinue all or any portion of the Portal at any time without notice.  DJM shall not be liable for any such limitations, modifications, interruptions, suspensions or discontinuance, or any purported losses, harm or damages arising from or related thereto.
DJM also has the right, but not the obligation, to enforce these Terms, for any reason and in any manner or by any means that DJM, in its sole discretion, deems necessary or appropriate.  DJM may, in its sole discretion and without notice, start, stop or modify any of its regulation or enforcement measures at any time.  DJM’s action or inaction to enforce against any potential violation of these Terms by you or any other user or other third party does not waive DJM’s right to implement, or not implement, regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential violation of these Terms.
You expressly agree that DJM shall not be liable to you or anyone else for any action or inaction to prevent or restrict, any actual or potential violation of these Terms, whether or not DJM makes any representation with respect to the foregoing.

4.         Proprietary Rights.

4.1.            Confidentiality of DJM Information.

The DJM Information is confidential.  You will not disclose any of the DJM Information except to your legal, tax, and investment advisors who are otherwise under an obligation of confidentiality.  You will not use the DJM Information for purposes other than those necessary to further your interests as a DJM investor.  DJM Information is not confidential to the extent, but only to the extent, that you can establish that such information is generally known or available to the public without any breach of an obligation to DJM.  Either party may disclose the terms of this Agreement to any of its advisors, potential successors, or potential purchasers of its business or of its stock not intended for issuance to the public, if the recipient is under an obligation of confidentiality.

4.2.            Title to Content.

Title to the DJM Information and all other content, graphics, and source code provided or used by DJM on the Portal remains with DJMor its licensors.  All rights not expressly granted herein are reserved to DJMand its licensors, and no rights shall arise by implication, estoppel, or otherwise.

4.3.            Trademarks

DJM’s trademarks, service marks, and logos (the “DJM Trademarks”) used and displayed on this Portal are registered and unregistered trademarks or service marks of DJM.  Other DJM products and service names located on the Portal may be trademarks or service marks owned by third-parties (collectively with DJM Trademarks, the “Trademarks”).  Nothing on this Portal or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Portal without the prior written consent of DJM specific for each such use.  Use of any Trademark as part of a link to or from any web Portal is prohibited without the prior written consent of the owner of the Trademark.  All goodwill generated from the use of any DJM Trademark shall inure solely to DJM’s benefit.

4.4.                        Feedback.

Title to any feedback you provide concerning the Portal shall remain with the Company at all times.

4.5.                        Third Party Content.

DJMand its users may include or automatically produce links to third party web Portals (“Third Party Portals”).  DJMis not responsible for, and does not endorse any advertising, products, or other materials or content on or available from Third Party Portals.  DJM may also include content or items belonging to or originating from third parties (the “Third Party Materials”).  If you decide to leave the Portal and access the Third Party Portals or use or install any Third Party Materials, you do so at your own risk and you should be aware that these Terms, and DJM’s privacy policy, no longer govern.  You should review the applicable terms and policies, including privacy and data gathering procedures, of any Third Party Portal to which you navigate from the Portal.

5.         Disclaimer of Liability of DJM and its Licensors; Indemnification.

5.1.            Disclaimer.

The use of the Portal, Records, and DJM Information is at your own risk.  When using the Portal, information will be transmitted over a medium that may be beyond the control and jurisdiction of DJM or its suppliers.
Except as specifically set forth in THESE TERMS, in no event shall DJM, its licensors, suppliers, or any third parties mentioned on the Portal be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from OR ARISING OUT OF THE PORTAL, RECORDS, OR DJM INFORMATION, OR the use of or inability to use the Portal, RECORDS, OR DJM INFORMATION, whether based on warranty, contract, tort, or any other legal theory, and whether or not DJM is advised of the possibility of such damages.  DJM’S aggregate liability to you for any and all claims shall be the lesser of THE actual damages incurred by you or $10.00.  
Any claims arising in connection with your use of the Portal must be brought within one (1) year of the date of the event giving rise to such action occurred.  Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.  This Section 5survives any termination of this Agreement.

6.         Miscellaneous.

6.1.            Termination.

Your right to use the Portal shall terminate automatically upon any violation by you of these Terms, or by any attempt by you to induce any other individual or entity to violate these Terms.

6.2.            Compliance and Governing Law.

You will comply with all applicable laws when using or accessing the Portal and nothing in these Terms shall prevent us from complying with the law.  These Terms shall be interpreted in accordance with the laws of the United States of America, and the State of California without regard to its conflicts of laws rules or the United Nations Convention on the International Sale of Goods. 

6.3.            Jurisdiction.

For any actions for which you and DJM seekinjunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, or for any other action for which Section 6.4may be inapplicable, you and DJM submit to the exclusive jurisdiction of the state courts located in Santa Clara County, California, USA, or the United States District Court, Northern District of California located in San Jose, California.

6.4.            Dispute Resolution.

You and DJM agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or the use of the Portal (collectively, “Disputes”) will be settled by binding arbitration.  You acknowledge and agree that you and DJM are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.  Further, unless both you and DJM otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.  If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void.  Except as provided in the preceding sentence, this “Dispute Resolution” section, and any modifications, will survive any termination of all of these Terms. 
The arbitration will be administered by JAMS in accordance with its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”).  The JAMS Rules are available at http://www.jamsadr.com/rules-streamlined-arbitration/.  The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitration will be conducted in the County of Santa Clara, State of California.  The arbitrator’s award of damages must be consistent with the terms of the “Disclaimer of Liability of DJM and its Licensors; Indemnification”section above as to the types and the amounts of damages for which a party may be held liable.  The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.  
Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

6.5.            Other.

These Terms are the entire agreement between the parties regarding DJM, and supersedes any prior agreements.  If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect.  Any waiver of these Terms must be made in writing and signed by DJM.  All of DJM’s rights and obligations under these Terms are freely assignable by DJM in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.  These Terms do not confer any third party beneficiary rights.