Carnation Capital LLC
Updated January 19th, 2022
Acceptance of These Terms
YOU MUST BE AT LEAST SIXTEEN (16) YEARS OLD TO USE THE SITE. If you are not yet 16 years old, do not use the Site.
IF YOU ARE BETWEEN 16 AND 18 YEARS OLD: Please have your parents or legal guardian review these Terms with you, discuss any questions you might have, and give you their permission to register and use the Site with both your and their full understanding of these Terms. By using the Site, you are telling us that you and your parent or guardian have joined in this agreement.
Changes to the Carnation Capital Website
Carnation Capital reserves the right to modify or discontinue the Carnation Capital Website with or without notice to you. Carnation Capital will not be liable to you or any third party should it exercise its right to modify or discontinue the Carnation Capital Website. If you object to any such changes, your sole recourse will be to cease access to the Carnation Capital Website and any content accessed through the Carnation Capital Website.
Copyright, Trademark, and Proprietary
b. The works of authorship contained in the Carnation Capital Website, including, but not limited to, all design, text, sound recordings, and images—are owned, except as otherwise expressly stated, by Carnation Capital and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, uploaded, posted, framed, altered, stored for subsequent use, or otherwise used in whole or in part in any manner without Carnation Capital's prior written consent, except to the extent that such use constitutes "fair use" under the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of Carnation Capital's proprietary rights.
c. You may link to the Carnation Capital Website, provided that (i) the appearance, position, and other aspects of the link do not damage or dilute the goodwill associated with Carnation Capital's name and trademarks;
(ii) the link and/or website that is being linked does not violate Carnation Capital's or any third party’s intellectual property rights;
(iii) no aspect of the link, including the appearance and position of the link, may create the appearance that an entity is associated with or sponsored by Carnation Capital when association or sponsorship does not exist;
(iv) the link, when activated by a user, must display the Carnation Capital Website web page in its entirety and not within a "frame" on the linked website; and
(v) Carnation Capital reserves the right to revoke its consent to the link at any time in its sole discretion and you shall remove the link within five (5) days.
e. The Licensed Marks are trademarks or registered trademarks of Carnation Capital, in the U.S. and/or other countries. All other trademarks used on the Carnation Capital website are property of their respective owners. The absence of a name, logo, or other mark on this list does not constitute a waiver of any and all intellectual property rights that Carnation Capital has established in any of its products, services, programs, features, service marks, service names, or logos. Third parties may not use the Licensed Marks without Carnation Capital’s prior written permission.
In no case may you:
decompile, reverse engineer, disassemble, modify, distribute, or create derivative works or improvements from the Carnation Capital Website or any portion thereof, or attempt to discover any source code, protocols, or other trade secrets in the Carnation Capital Website;
obtain or attempt to obtain unauthorized access to Carnation Capital’s Website or network;
use the Carnation Capital Website in violation of applicable laws or regulations;
use any process to monitor or copy the Carnation Capital Website in bulk, or use any data mining, scraping or harvesting tools (including robots), or any similar data-gathering or extraction tools;
use any device, software, or routine to bypass any software or hardware that limits the volume or frequency of requests for the Carnation Capital Website;
attempt to interfere with the proper working of the Carnation Capital Website, including taking any action that imposes an unreasonable or disproportionately large load on the Carnation Capital Website (including by making voluminous, excessive, or repetitive requests for data) or introduce a virus or other malware to the Carnation Capital Website;
alter or modify the content of the Carnation Capital Website;
create derivative works or improvements from the Carnation Capital Website;
use the Carnation Capital Website or Licensed Marks in a manner that infringes, violates, or misappropriates Carnation Capital's, its affiliates’, or a third party’s intellectual property rights;
use the Carnation CapitalWebsite in any manner that disparages Carnation Capital or is otherwise threatening, vulgar, or inappropriate as Carnation Capital determines, in its sole discretion;
remove, obscure, make illegible, or alter any original copyright or other notices or indications placed on the Carnation Capital Website; or
use the Carnation Capital Website for any purposes for which you have not been granted written permission by Carnation Capital.
Disclaimers; Limitation of Liability
a. YOU ACKNOWLEDGE AND AGREE THAT THE CARNATION CAPITAL WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS, AND THAT YOUR USE OF THE CARNATION CAPITAL WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CARNATION CAPITAL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS, AND LICENSORS (THE “CARNATION CAPITAL PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE CARNATION CAPITAL WEBSITE AND YOUR USE THEREOF. CARNATION CAPITAL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE QUALITY, TRUTHFULNESS, VALIDITY, ACCURACY, OR COMPLETENESS OF THE CARNATION CAPITAL WEBSITE OR ANY THIRD-PARTY WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS OR OMISSIONS IN ANY CONTENT; (II) TECHNICAL ERRORS AFFECTING THE CARNATION CAPITAL WEBSITE IN ANY WAY; (III) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE CARNATION CAPITAL WEBSITE BY ANY THIRD PARTY; AND/OR (IV) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE CARNATION CAPITAL WEBSITE.
b. NO ADVICE, INFORMATION, OR DATA, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CARNATION CAPITAL OR THROUGH OR FROM USE OF CARNATION CAPITAL WEBSITE SHALL BE INTENDED TO PROVIDE ANY LEGAL, TAX, INVESTMENT, OR FINANCIAL ADVICE OR TO BE COMPLETE ON ANY SUBJECT MATTER CONTAINED THEREIN.
d. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CARNATION CAPITAL PARTIES SHALL NOT EXCEED $100.
e. Links to Other Sites
The Carnation Capital Website may contain links to websites owned or operated by third parties. If you leave the Carnation Capital Website, Carnation Capital has no control over the contents of any linked website and is not responsible for these websites or their content or availability. Carnation Capital therefore makes no guarantees, representations, or warranties, express or implied, about such linked websites, the third parties they are owned and operated by, the information contained on them, or the suitability or quality of any of their products or services. A link to a third-party website from the Carnation Capital Website does not imply sponsorship, approval, affiliation, or endorsement by Carnation Capital. Your use of links to third-party websites is at your own risk, and Carnation Capital. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by, related to, or in connection with any third-party website(s).
Other Carnation Capital Policies and Terms
In the event of any actual or threatened unauthorized use of the Carnation Capital Website, Carnation Capital will be entitled, without waiving any other rights or remedies, to immediate injunctive or equitable relief from a court of competent jurisdiction and may obtain any order restraining any threatened or future unauthorized use or loss in each case, on use of affidavit evidence or otherwise, and without furnishing proof of actual damages or posting a bond or other surety.
Choice of Law