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Sunset Sailboats

Terms of Use

Thank you for visiting CCM / Investment Counsel's official website. This website (the "Site") is owned and operated by CCM Management and Research, Inc., which provides investment counseling services under the trade name CCM / Investment Counsel (collectively "CCM"). Please carefully read the following Terms and Conditions of Use ("Terms of Use") before using this Site. By using this Site, you agree to follow and be bound by these Terms of Use, which govern your use of the Site. Nothing contained in these Terms of Use is intended to modify or amend any other written agreement, if any, that may currently be in effect between you and CCM with regard to matters other than your use of the Site. In the event of a discrepancy or conflict between the terms of any written agreement between you and CCM and these terms of use, the written agreement shall control. CCM may periodically modify these Terms of Use, and any such modifications will be effective immediately upon posting. We recommend that you periodically check these Terms of Use for modifications. If you do not agree to these Terms of Use, do not use this Site.

CCM may modify, suspend, discontinue, or restrict the use and availability of any portion of this Site at any time, without notice or liability. Your use of this Site may be monitored by CCM and used for CCM's internal business purposes without liability.

Limited License and Restrictions on Use

CCM grants you a limited, revocable, nonexclusive, nontransferable license to view, store, bookmark, download, and print the pages within this Site solely for your personal and noncommercial use or as expressly authorized by CCM in writing. You are responsible for obtaining and maintaining all equipment, services, and other materials that you need to access this Site. CCM reserves all rights not expressly granted in these Terms of Use. Except as otherwise stated in these Terms of Use or as expressly authorized by CCM in writing, you may not or enable others to:

  • Modify, copy, screen capture, distribute, forward, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, software, products, services, or other materials on, generated by or obtained from this Site, whether through links or otherwise (collectively, "Materials");

  • Redeliver any page, text, image, or Materials on this Site using "framing" or other technology;

  • Engage in any conduct that could damage, disable, or overburden (i) this Site, (ii) any Materials or services provided through this Site, or (iii) any systems, networks, servers, or accounts related to this Site, including without limitation, using devices or software that provide repeated automated access to this Site, other than those made generally available by CCM;

  • Probe, scan, or test the vulnerability of any Materials, services, systems, networks, servers, or accounts related to this Site or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts connected or associated with this Site through hacking, password or data mining, or any other means of circumventing any access-limiting, user authentication or security device of any Materials, services, systems, networks, servers, or accounts related to this Site;

  • Modify, copy, obscure, remove, or display CCM's name, logo, trademarks, text, notices, or images without CCM's express written permission. To request such permission, you may e-mail us at contactus@discoverccm.com; or

  • Include the term "CCM," "CCM / Investment Counsel," "CCM Management and Research, Inc." or any CCM trademark or any director, officer, executive, or employee’s name, or any variation of the foregoing, as a meta-tag, hidden textual element, or any other indicator that creates an impression of affiliation with, or sponsorship or endorsement by, CCM.

Linking Conditions

You may not link to this Site without CCM’s express written permission. To request such permission you may email us at contactus@discoverccm.com.

User Content and License Grant

You agree that you are solely responsible for all information, data, content, text, photographs, graphics, images, videos, messages, comments, quotations, files, documents, and any other materials that you submit, upload, post, e-mail, transmit, or otherwise make available, if any, via the Site ("User Content"). By submitting, uploading, posting, e-mailing, or transmitting User Content via the Site, you represent and warrant that either you own all right, title, and interest in and to the User Content or have express permission from the owner to copy and use such User Content for all purposes related to the Site. CCM does not control and is not responsible for the User Content uploaded via the Site, and CCM neither guarantees the accuracy, quality, or appropriateness of nor endorses any User Content submitted via the Site.

You agree not to use the Site to:

  • Deliver or otherwise provide social security, tax payer identification or account numbers to CCM;

  • Deliver or otherwise provide any account, investment or other time-sensitive instructions or questions to CCM;

  • Ask questions or make comments about your investments or any customer service matters;

  • Submit, upload, post, e-mail, transmit, or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, menacing, harassing, tortious, defamatory, vulgar, pornographic, obscene, offensive, blasphemous, libelous, unlawful, invasive of another’s privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable;

  • Submit, upload, post, e-mail, transmit, or otherwise make available any User Content that personally attacks or is derogatory toward CCM as an entity, CCM personnel or employees, any CCM products or services, or any CCM Materials;

  • Harm minors in any way, including, but not limited to, submitting, uploading, posting, e-mailing, transmitting, or otherwise making available content that violates child pornography laws, child sexual exploitation laws, or laws prohibiting the depiction of minors engaged in sexual conduct;

  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;

  • Submit, upload, post, e-mail, transmit, or otherwise make available any User Content that you do not have a right to make available under any law or contractual or fiduciary relationships or obligations;

  • Submit, upload, post, e-mail, transmit, or otherwise make available any User Content that infringes, violates, or misappropriates any patent, trademark, trade secret, copyright, or other intellectual property or proprietary right or any moral right of any party;

  • Submit, upload, post, e-mail, transmit, or otherwise make available any personal information, trade or investment instructions, or specific account details about yourself or any person or entity;

  • Submit, upload, post, e-mail, transmit, or otherwise make available any advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;

  • Submit, upload, post, e-mail, transmit, or otherwise make available any material that contains viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or

  • Intentionally or unintentionally violate any applicable local, state, national, or international laws, rules, regulations, decrees, acts, orders, directives, legislation, bills, or statutes.

You grant CCM and its affiliates, subsidiaries, directors, officers, employees, agents, licensors, and vendors a perpetual, worldwide, irrevocable, nonexclusive, fully-paid up, royalty-free, sublicensable, and transferable right and license to use, store, modify, adapt, translate, publish, display, broadcast, perform, disclose, distribute, sell, reproduce, and create derivative works from any User Content, in whole or in part, in any medium or technology throughout the world, including any inventions, concepts, techniques, know-how, ideas, or expressions of ideas arising out of or based on the User Content, for any purpose in CCM’s sole discretion, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party. CCM shall exclusively own all right, title, and interest in and to any derivative works or inventions created by or on behalf of CCM that incorporate or otherwise make use of any User Content, without the requirement of any permission from or compensation or notice, and without liability, to you or any third party.

Except as set forth in our Privacy Policy, none of the User Content that you submit, upload, post, e-mail, or transmit or otherwise make available via the Site shall be subject to any confidentiality obligations by CCM and its affiliates, subsidiaries, directors, officers, employees, agents, licensors, and vendors. Except as may be provided by federal or state securities laws, CCM shall not be liable in any way for any User Content or for the use or disclosure of any User Content.

You acknowledge that CCM and/or its vendors may or may not monitor User Content, but that CCM shall have the right in its sole discretion to monitor, post, move, refuse, or remove any User Content, in whole or in part, for any reason whatsoever, without notice and without liability.

Online Appointment Scheduling

On certain pages within this Site you are able to schedule an appointment with a CCM representative online ("Online Scheduling"). In order for you to use the online scheduling feature you must be eligible to become a client of CCM. You agree and understand that all CCM telephone and videophone sessions are subject to recording and monitoring for quality control purposes, that appointments may not be available at all times, and that CCM reserves the right, in its sole discretion, to cancel, reschedule, or shorten any appointment and to temporarily or permanently disable or discontinue the online scheduling service at any time and for any reason without liability.

To schedule an appointment with a CCM representative online you will need to provide certain identification and contact information. You agree to provide current, complete, and accurate information to us. You also agree to use this Site to access only those appointments for which you are authorized to act and not to obtain or attempt to obtain unauthorized access to such parts or features of this Site, or to any other protected Materials or information, through any means not intentionally made available to you by CCM.

You agree that you are solely responsible for maintaining the confidentiality of any contact and identification information that you use to access any page or feature on this Site, and for logging off of any protected areas of the Site. Further, you are fully responsible for all activities occurring under your name that result from your negligence, carelessness, misconduct, or failure to use or maintain appropriate security measures. If you become aware of any suspicious or unauthorized conduct, you agree to contact CCM immediately at scheduleaconsultation@discoverccm.com

You acknowledge and understand that the Site’s Online Scheduling system is owned and operated by an independent third party. You agree that your use of the Online Scheduling system is at your own risk and that CCM and its affiliates, subsidiaries, directors, officers, employees, and agents are not liable for any loss, cost, damage or problem that you may suffer by using the Online Scheduling system or any services associated therewith.

Communications

Communication with you may involve electronic transmission, including via any e-mail address you provide to us, of information that you may consider to be personal financial information or promotional and marketing materials, and you consent to such transmission. You acknowledge that CCM will never request account, financial or personal identification information about you via e-mail, and you agree not to use e-mail to provide such information to CCM or to provide trade, investment, or any other time-sensitive information to CCM. You acknowledge that any trade, investment, or account instructions submitted via email will not be processed and agree that CCM and its affiliates, subsidiaries, directors, officers, and employees are not liable for any loss, cost, damage or problem that you may suffer due to or associated with not processing email instructions. Please call us at the number listed on your most recent account statement to provide instructions or other time-sensitive information to us.

Data, Information, and Content

The Materials on this Site are for information and education purposes only. Although CCM may provide data, information, and content relating to investment approaches and techniques, you should not construe any such information or other content available through this Site as investment, legal or tax advice. You agree that you alone will bear the sole responsibility of evaluating the merits and risks associated with the use of any Materials on this Site before making any decisions based on such Material, and you agree not to hold CCM liable for any possible claim for damages arising from any decision you make based on the Materials made available to you through this Site. By providing access to other websites, neither CCM nor any of its affiliates is recommending the purchase or sale of securities issued by any company, nor are they endorsing services provided by any website's sponsoring organization.

Intellectual Property

All materials on this Site, whether separate or compiled, including, but not limited to, text, graphics, videos, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, as well as all copyright, patent, trademark, trade dress, and other rights therein, are owned or licensed by CCM or third-party information providers, and are protected by United States and international intellectual property laws. All CCM graphics, logos, page headers, and service names are trademarks, service marks, or trade dress of CCM are the intellectual property of CCM. CCM's trademarks, service marks and trade dress may not be used in connection with any product or service that is not CCM's in any manner that is likely to cause confusion among customers or investors, or in any manner that disparages or discredits CCM. Nothing contained on this Site should be construed as granting any license or right in or to any trademarks, service marks, or trade dress of CCM. All trademarks, service marks, and logos appearing on this Site are the exclusive property of their respective owners. Use of any of the above-referenced intellectual property, without the prior written consent of CCM or the respective owner will constitute infringement, and may result in legal action being taken against you.

International Use

Because of the global nature of the Internet, you agree to comply with all local rules with respect to your account and your online conduct, including all laws, rules, codes, and regulations of the country in which you reside and the country from which you access this Site, including without limitation, all laws, rules, codes, regulations, decrees, acts, orders, directives, legislation, bills, and statutes pertaining to tax, contracts, intellectual property, securities, e-commerce, banking, technology, computers, fraud, and privacy. In addition, you agree to comply with all applicable laws, rules, codes, and regulations regarding the transmission of technical data exported from the United States.

Each investment product and service referred to on this Site is intended to be made available only to U.S. residents or entities who do not reside in the states of Texas or Louisiana. This Site will not be considered a solicitation for or offering of any investment product or service to any person in any jurisdiction where such solicitation or offering would be illegal.

Third-Party Content

Data and other materials appearing on this Site that are provided by third parties are believed by CCM to be obtained from reliable sources, but CCM cannot guarantee and is not responsible for their accuracy, timeliness, completeness, or suitability for use. CCM is not responsible for, and does not prepare, edit, or endorse, the content, advertising, products, or other materials on or available from any website owned or operated by a third party that is linked to this Site. If CCM has provided a link to a third party's website, such link does not constitute an implicit or explicit endorsement, authorization, sponsorship, or affiliation by CCM with respect to such website, its owners, providers, or services. You will use any such third-party content at your own risk and you agree that CCM and its affiliates, subsidiaries, directors, officers, employees, and agents are not liable for any loss or damage that you may suffer by using third-party websites or any content, advertising, products, or other materials in connection therewith.

Timeliness of Content

All content on this Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.

Termination

The rights granted to you herein terminate immediately upon any violation by you of these Terms of Use. CCM, in its sole discretion, reserves the right to temporarily or permanently terminate your access to and use of this Site at any time and for any reason whatsoever, without notice or liability. CCM will not be liable to you or any third party for any termination of your access to or use of this Site.

Warranty Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, CCM AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY, WITH RESPECT TO (I) THE SITE; (II) ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE; (III) USE OF THE SITE, MATERIALS, PRODUCTS, OR SERVICES; AND (IV) THE RESULTS OF THE USE OF THE SITE, MATERIALS, PRODUCTS, OR SERVICES.

FURTHER, CCM AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES WITH RESPECT TO ANY DELAYS OR ERRORS IN THE TRANSMISSION OR DELIVERY OF ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE THROUGH THIS SITE.

EXCEPT AS PROVIDED BY LAW, NEITHER CCM NOR ITS THIRD-PARTY INFORMATION PROVIDERS AND VENDORS HAS ANY RESPONSIBILITY TO MAINTAIN THE MATERIALS, PRODUCTS, OR SERVICES OFFERED ON THE SITE OR TO SUPPLY CORRECTIONS, UPDATES, OR RELEASES FOR THE SAME.

TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

Liability and Indemnity

ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE ARE DONE AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

NEITHER CCM NOR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, OR DAMAGES CAUSED BY THEFT, UNAUTHORIZED ACCESS, SYSTEMS FAILURE, OR COMMUNICATIONS LINE FAILURE, OR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, CAUSED BY THE USE OF OR INABILITY TO USE THE SITE, MATERIALS OR ANY PRODUCTS OR SERVICES PROVIDED HEREIN, OR ANY OTHER MATTER RELATING TO THIS SITE, EVEN IF CCM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURSIDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT A JURISDICTION DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, THE LIABILITY OF CCM AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND ANY THIRD-PARTY INFORMATION PROVIDERS AND VENDORS IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTIONS.

You agree to indemnify, defend, and hold harmless CCM, its subsidiaries and affiliates, and each of its officers, directors, employees, and agents, from and against all claims, demands, liabilities, damages, losses, or expenses, including attorney's fees and costs, arising out of or related to your improper access to or use of this Site, or any violation by you of these Terms of Use.

You acknowledge and agree that your failure to comply with these Terms of Use will result in irreparable harm to CCM for which money damages alone may not be an adequate remedy. Therefore, you agree that in the event of breach or threatened breach of these Terms of Use, CCM is entitled to injunctive and other equitable relief as a remedy for any breach or anticipated breach without the necessity of posting a bond. Any equitable relief is in addition to and not in lieu of any other monetary relief available to CCM under the law.

Integration and Severability

If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. These Terms of Use represent the entire agreement between you and CCM relating to the subject matter herein.

Applicable Law and Venue

The laws of the State of Ohio, United States of America, without regard to principles of conflict of laws, govern these Terms of Use and any dispute that might arise between you and CCM. If you take legal action relating to these Terms of Use, you agree to file such action either in the Court of Common Pleas of Summit County, Ohio, or the United States District Court, Northern District of Ohio, and in no other venue, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.

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