Terms of Use
Acceptance
These Terms of Use constitute a binding agreement between you and Philip David Capital Management LLC ("Philip David Capital Management," "we," "our," or "us") governing your access to and use of this website. By accessing, browsing, or otherwise using the website, you agree to be bound by these terms. If you do not agree, you should not access or use the website.
Permitted Use
The website is provided solely for general informational purposes regarding Philip David Capital Management. You may access and use the website only for lawful purposes and in a manner consistent with these terms. You agree not to use the website in any manner that could damage, disable, overburden, or impair the website, or interfere with any other party's use of the website. You agree not to attempt to gain unauthorized access to any portion of the website or any systems or networks connected to the website.
Intellectual Property
The website and all of its content, including text, graphics, charts, images, logos, audio, code, and software (collectively, "Content"), are the property of Philip David Capital Management or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. All rights are reserved unless otherwise expressly noted. You may view and print Content for personal, non-commercial reference. Any other reproduction, modification, distribution, transmission, republication, or display of Content is prohibited without our prior written consent.
Trademarks
The Philip David Capital Management name, logo, monogram, and related marks are trademarks of Philip David Capital Management. Such marks may not be used in connection with any product or service that is not provided by Philip David Capital Management, in any manner likely to cause confusion, or in any manner that disparages or discredits Philip David Capital Management.
User Submissions
Any communications you transmit to us through this website, including questions, comments, suggestions, or other materials, are not confidential and may be used by us without restriction or compensation, except as otherwise required by applicable law.
No Warranties
The website and all Content are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all representations and warranties of any kind, express or implied, with respect to the website and its Content, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, and availability. We do not warrant that the website will be uninterrupted, error-free, or free of harmful components.
Limitation of Liability
To the fullest extent permitted by law, Philip David Capital Management and its affiliates, members, managers, officers, employees, and agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or use, arising out of or in connection with your access to or use of the website or any Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not we have been advised of the possibility of such damages.
Indemnification
You agree to indemnify, defend, and hold harmless Philip David Capital Management and its affiliates, members, managers, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the website, your violation of these Terms of Use, or your violation of any rights of another.
Third-Party Links
The website may contain links to third-party websites. Such links are provided for convenience only and do not constitute endorsement, sponsorship, or affiliation. We have no control over the content, policies, or practices of any third-party website, and your access to and use of any third-party website is at your own risk.
Modifications
We may amend these Terms of Use at any time by posting the amended terms on this website. Your continued use of the website following the posting of amended terms will constitute your acceptance of those terms.
Governing Law
These Terms of Use are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms of Use or your use of the website shall be resolved by binding arbitration conducted in Tulsa, Oklahoma, in accordance with applicable arbitration rules.
Severability
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect.