Terms of Use

ON-LINE ACCESS AND TERMS OF USE AGREEMENT

INTRODUCTION

Welcome to www.rbicm.com.  This website (the “Site”) has two distinct areas, the “Public Area” and the “Private Area.”  The Private Area is available only to those who have obtained a user identification code (“User ID”) and authorized password (“Password”) from RBI Capital Management, LLC (RBI).  By viewing any page in the Public Area, you agree that your access to and use of that area, including any Content provided by RBI contained there, will be governed by this On-Line Access and Terms of Use Agreement (the “Agreement”).  By entering your User ID and Password in order to access any part of the Private Area, you will confirm that agreement again as to the Private Area and as to any Content RBI has provided there, as well as your acknowledgement of certain other terms, conditions, and notices.  You should read this Agreement carefully, as your access and use of all areas on this Site are expressly conditioned upon your acceptance of these terms.  Do not enter or use the Site and in particular do not enter your User ID and Password unless these terms and conditions are acceptable to you.  RBI may refuse access to and usage of the Site to anyone at any time, in our sole discretion.  We reserve the right to modify or discontinue the Site without notice, or change the terms and conditions governing your access to and use of this Site, at any time.

PURPOSE OF THE SITE; No Representations or Warranties

The Site is intended to provide an introduction to RBI, its philosophy, its personnel, and employment opportunities that may arise from time to time.  The Private Area is intended to provide authorized users with additional information that may be relevant to them.  No area of this Site is intended to, or can be considered to, provide tax, legal, accounting, financial, or investment advice or to offer to sell or solicit an offer to buy any product, including any security. 
RBI makes no representations that materials at this Site are appropriate for use in all locations, or that investments or services discussed at this Site are available or appropriate for sale or use in all jurisdictions, or by all readers.  Those who access this site do so on their own initiative, and are responsible for compliance with applicable local laws or regulations.
While RBI uses reasonable efforts to obtain information from reliable sources, RBI makes no representations or warranties as to the accuracy, reliability or completeness of any information or document on or available through this Site.  Opinions and any other contents at this Site are subject to change without notice. 
All materials at this site are meant to be reviewed in their entirety, including all footnotes, legal disclaimers, restrictions, and disclosures, as well as all copyright or proprietary notices.  Any disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do to the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

USER IDENTIFICATION CODES AND PASSWORDS

Before you may access the Private Area, RBI must send you a User ID and Password.  The User ID and Password are personal for your use only.  RBI will not disclose your User ID or Password to third parties, and you agree that you will treat and maintain this information confidentially and will not permit others to sign onto the Site through the use of your User ID and Password.  You accept full responsibility for any use of your Password, and will notify us immediately of any actual or suspected unauthorized use of your Password. 

CONFIDENTIALITY, INTELLECTUAL PROPERTY RIGHTS

RBI owns and maintains this Site.  Except to the extent otherwise identified, the images, text, information, software, code, material, trademarks, trade names, logos and service marks displayed at this Site (collectively, the “Content”) are the intellectual property of RBI.  You may not construe anything at this Site as granting by implication, estoppels, or otherwise any license or right to use any of the Content of the Site.  No act of downloading or otherwise copying from this Site will transfer title to any software or material at this Site to you.  Anything that you transmit to this Site becomes the property of RBI, may be used by RBI for any lawful purpose, and is further subject to disclosure as deemed appropriate by RBI including to any legal or regulatory authority to which RBI is subject.  RBI reserves all rights with respect to copyrights, service mark and trademark ownership of all Content at this Site and will enforce such rights to the full extent of the law.
Unless information contained on the Site is otherwise public information, all Content contained on the Site is considered to be confidential information (including the Site’s features, functions, options, tools, capabilities, format and layout, etc.), and you agree not to copy, republish or redistribute any of the Content or disclose the same to any third parties unless and only to the extent RBI has given you written permission to do so.

DISCLAIMERS

The Site is operated by RBI on an “AS IS,” “AS AVAILABLE” basis, without representations or warranties of any kind. RBI DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.  Without limiting the foregoing, RBI does not represent or warrant that the Content on the Site is accurate, reliable, complete or current or that the Site will operate without interruption or error.  RBI makes reasonable efforts to avoid technological problems, but at any time the Site may have and may cause problems, such as viruses or other harmful components.  RBI will not be liable for any action you take or any decision you make in reliance on the Site.  Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

LIMITATION OF LIABILITY

Under no circumstances may you hold RBI and its affiliates or any of their employees, directors, officers, agents, vendors or suppliers liable for any direct or indirect losses or damages arising out of or in connection with your use of or inability to use the Site.  This is a comprehensive limitation of liability that applies to all losses and damages of any kind (whether general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether by statute, law or in contract, negligence or other tortuous action, even if an authorized representative of RBI or its affiliates has been advised or should have known of the possibility of such damages.  Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you. 

NO ENDORSEMENTS

References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply an endorsement, sponsorship, or recommendation of the third party, information, product or service by RBI.  Neither RBI nor any of its affiliates endorse or make any warranties or representations about any site you may access through the Site.  Any links to other sites are provided for convenience only. If you access any third party web site through the Site or otherwise, you do so at your own risk.

MONITORING THE SITE

RBI reserves the right to monitor and record activity on the Site at its sole discretion, and may report any activity that it suspects may violate any law or regulation as it deems appropriate.

LAW

This Agreement will be governed by and construed in accordance with the laws of the State of California, U.S.A., excluding its conflicts of law principles.