Terms & Conditions
This Terms of Use Agreement (the “Agreement”) is made by and between FJ Capital Management, LLC, a Delaware limited liability company, located at 1313 Dolley Madison Blvd. STE 306, McLean, VA (“FJ Capital”) and you (“you,” “your” or “User”). The Agreement contains the terms and conditions that govern your use of FJ Capital’s website at www.FJCapital.com (the “Site”).
BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS SITE. FJ CAPITAL RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN FJ CAPITAL’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THE AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS & CONDITIONS” HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THE SITE.
Access to this Site
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site will be correct, current, and complete. If FJ Capital believes the information you provide is not correct, current, or complete, FJ Capital has the right to refuse you access to the Site or any of its resources, and to terminate or suspend your access at any time.
Registration
In order to access certain areas within the Site, you will need to follow a registration process. You will provide FJ Capital with certain necessary information, all of which must be accurate, complete and up to date. It is your responsibility to update FJ Capital immediately with any changes to the information provided by e-mailing: ajose@fjcapital.com. Upon your request for registration, FJ Capital will consider your request and, if approved in its sole discretion, will activate the email address and password that you provide.
Your registration is personal to you and you are responsible for maintaining the confidentiality of your Password. Any unauthorized use of the Site and/or of your Password should be notified to FJ Capital immediately by e-mailing: ajose@fjcapital.com. Any unauthorized use of the Site and/or of your Password may subject you to the immediate revocation of your Password and may subject you to a penalty.
Restrictions on Use
You may use the Site for purposes expressly permitted by the Site. As a condition of your use of the Site, you warrant to FJ Capital that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand the Site, or (ii) frame the Site, or (iii) hyper-link to the Site, without the express prior written permission of an authorized representative of FJ Capital. For purposes of the Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the Site. You agree to cooperate with FJ Capital in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Site.
Personal Use Limitation
The Site is for your personal use, unless otherwise specified. You acknowledge and agree that the Site is provided for informational purposes only and does not constitute an offer or solicitation for an interest in any investment fund or for the provisions of any investment management or advisory services. You may not use the Site for any other purpose without FJ Capital’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to the Site.
Proprietary Information
The material and content accessible from the Site (the “Content”) is the proprietary information of FJ Capital or the party that provided or licensed the Content to FJ Capital, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of FJ Capital, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in the Agreement violates FJ Capital’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the Site.
Hyper-Links
The Site may be hyper-linked to other sites which are not maintained by, or related to, FJ Capital. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with the Site or FJ Capital. FJ Capital has not reviewed any or all of such sites and is not responsible for the content of those sites. FJ Capital is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the user’s own risk, and FJ Capital makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to the Site. FJ Capital provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by FJ Capital of that site or any association with its operators.
Disclaimer
THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION FOR AN INTEREST IN ANY INVESTMENT FUND OR FOR THE PROVISION OF ANY INVESTMENT MANAGEMENT OR ADVISORY SERVICES. ANY SUCH OFFER OR SOLICITATION WILL BE MADE ONLY BY MEANS OF A CONFIDENTIAL PRIVATE OFFERING MEMORANDUM OR INVESTMENT MANAGEMENT CONTRACT AND ONLY IN THOSE JURISDICTIONS WHERE PERMITTED BY LAW. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. FJ CAPITAL DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES RELATING TO ACCURACY, COMPLETENESS, STANDARD OF WORKMANSHIP AND LEVEL OF CARE. FJ CAPITAL DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
Please be advised that FJ Capital is registered under the laws of the United States and FJ Capital has not sought licensing with any other regulatory authority or any country or jurisdiction, nor has any such regulatory authority passed upon or endorsed the merits of the financial products offered by FJ Capital. Therefore, FJ Capital does not accept clients from outside the United States where regulations prohibit FJ Capital from offering its financial products. Information on the Site is carefully verified, FJ Capital obtains content for the Site from various sources and data is not guaranteed as to accuracy or completeness. FJ Capital makes no representations and gives no warranties in respect of the Site or the Content.
Limitation on Liability
FJ CAPITAL, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF FJ CAPITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF FJ CAPITAL AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID TO FJ CAPITAL FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Termination or Restriction to Access
FJ Capital reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time for any reason or no reason, without notice.
Indemnity
You will indemnify and hold FJ Capital, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, contractors, and their respective agents and representatives (the “Indemnified Parties”) harmless from any breach of the Agreement by you, including any use of Content other than as expressly authorized in the Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Site.
Trademarks and Copyrights
Trademarks, service marks, logos, and copyrighted works appearing in the Site are the property of FJ Capital or the party that provided the trademarks, services marks, logos, and copyrighted works to FJ Capital. FJ Capital and any party that provided trademarks, service marks, logos, and copyrighted works to FJ Capital retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in the Site.
All contents of FJ Capital’s websites are: Copyright © 2011 FJ Capital, LLC, 1313 Dolley Madison Blvd., STE 306 McLean, VA 22101, USA. All rights reserved. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Security
Any passwords used for the Site are for individual use only. You will be responsible for the security of your password. FJ Capital will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that FJ Capital considers insecure, FJ Capital will be entitled to require the password to be changed and/or terminate your account. FJ Capital will maintain safeguards to protect the security of personal identification information collected from the Site. FJ Capital will comply with all applicable privacy and data protection laws and the terms of the FJ Capital privacy policy, available on the Site. FJ Capital, generally, does not intend to distribute personal information regarding Site users to third parties unless specifically authorized by the user.
You are prohibited from using any services or facilities provided in connection with the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, FJ Capital reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. FJ Capital reserves the right to investigate suspected violations of the Agreement.
FJ Capital reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing FJ Capital to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate the Agreement. BY ACCEPTING THE AGREEMENT YOU WAIVE AND HOLD HARMLESS FJ CAPTIAL AND ITS AGENTS AND REPRESENTATIVES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FJ CAPITAL DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FJ CAPITAL OR LAW ENFORCEMENT AUTHORITIES.
Severability
If any part of the Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Governing Law
The Agreement will be governed and interpreted pursuant to the laws of the Commonwealth of Virginia, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in the Commonwealth of Virginia in connection with any dispute between you and FJ Capital arising out of the Agreement or pertaining to the subject matter hereof. The parties to the Agreement each agree that the exclusive venue for any dispute between the parties arising out of the Agreement will be in the state and federal courts in Alexandria, VA.
Waiver
No delay or omission by FJ Capital in exercising any right, power or remedy under the Agreement shall impair or detract from such right, power or remedy or operate as a waiver thereof.
Miscellaneous
If any part of the Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and FJ Capital as a result of the Agreement or use of the Site.
The Agreement constitutes the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and FJ Capital with respect to the Site.
A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
FJ Capital may revise the Agreement at any time by updating this posting.
