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TERMS AND CONDITIONS

Updated: June 26, 2024

TERMS AND CONDITIONS OF USE


Welcome to our website. This Site is maintained by Foglio Capital LLC, a California limited liability company (“FC”) as a service to our customers. By using this Site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this Site.

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  1. Agreement. This Agreement (“the “Agreement”) specifies the terms and conditions for access to and use of fogliocapital.com (the “Site”). This Agreement may be modified at any time by FC, upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at fogliocapital.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement. All references to “we”, “us” or “our” shall be construed to mean FC. 

  2. Privacy. Your visit to this Site is also governed by our Privacy Policy, the terms of which are hereby incorporated herein by reference. Please review our Privacy Policy at https://www.fogliocapital.com/privacy-policy.

  3. Ownership. All content included on this Site (including, but not limited to, all Marks, defined below) is and shall continue to be the property of FC and/or its licensors (as applicable) and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

  4. Intended Audience. This Site is intended for adults only. This Site is not intended for any children under the age of 18. By using this Site, you represent and warrant that you have the legal capacity to enter into this Agreement. 

  5. Trademarks. The Foglio Capital logo and all other registered and unregistered trademarks, service marks, logos, and trade names (collectively, the “Marks”) included on the Site are owned and controlled by FC or such Marks’ applicable owner(s). 

  6. Site Use. FC grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. The use of this Site is at the discretion of FC and FC may terminate your use of this Site at any time.

  7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

  8. Indemnification. You agree to indemnify, defend and hold FC and our partners, members, managers, agents, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to (i) your breach or violation of this Agreement or (ii) use of the Site.

  9. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. FC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

  10. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL FC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (INCLUDING CONSUMER LAWS) WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, THE EXCLUSIONS OR LIMITATIONS IN THIS AGREEMENT THAT DIRECTLY CONFLICT WITH SUCH LAWS MAY NOT APPLY TO YOU.

  11. Use of Information. FC reserves the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

  12. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to us via email at info@fogliocapital.com or mail to 9696 W Jensen Ave, Fresno, California 93706:

    1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

    2. A description of the copyrighted work that you claim has been infringed;

    3. A description of where the material that you claim is infringing is located on the Site;

    4. Your address, telephone number, and e-mail address;

    5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

    6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

  13. Applicable Law; Venue. You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between you and FC or its affiliates. FC and you agree that the exclusive venue for any dispute arising under this Agreement shall be in the courts located in Fresno County, California. 

  14. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

  15. Termination. FC may terminate this Agreement at any time, with or without notice, for any reason.

  16. Contact Information.

 

HOW TO CONTACT US:

 

Foglio Capital LLC

9696 W Jensen Ave

Fresno, California 93706

Phone: (559) 824-4468

Email: info@fogliocapital.com

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