TERMS OF USE



The use of www.capitalfountain.com the ("Site"), a service of Capital Fountain, LLC the ("Company"), including all member and non-member use, accessing, submitting and using information is subject to the following Terms of Use. By using the Site, YOU the ("User") AGREE TO THE FOLLOWING TERMS OF USE.


If you do not agree to the Terms of Use, do not create an account, submit information, access information or use the Site in any way. All questions concerning this Agreement should be directed to: Legal Department, Capital Fountain, LLC, 375 N. Stephanie St. Suite 1411, Henderson, NV 89014-8909.


OWNERSHIP AND LICENSE


Company grants the User a limited, non-exclusive, non-transferable license to access and use the Site subject to the Terms of Use. Company retains all rights (including Intellectual Property Rights, as defined below), title and interest in the Site and all underlying technology and data including any enhancements and improvements thereto. User will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer information on the site or underlying source code or structure or sequence of Company's technology or delete or alter author attributes or copyright notices.


Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.


ONLY A VENUE


The Site is only a venue for Users to find, communicate, and share information with other members. User agrees and understands that the Site is solely a passive conduit which does not create an agency, trust, or fiduciary relationship between the User and the Company. User acknowledges and agrees that nothing in the content of a Listing shall constitute an offer to buy or an offer to sell any security and does constitute a solicitation of interest in any contemplated securities offering.


RESTRICTED USE


Users are prohibited from any use of the Site or its contents that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. User information and activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) contain any viruses, Trojan horses, or other computer programs that may harvest information, damage, or interfere, with the Site.


The Site does not support businesses involving adult entertainment, pornography, multilevel marketing, or home based business. User agrees NOT to post Listings or direct any form of communication to other members related to these types of businesses. Company reserves the right to cancel or suspend accounts violating these restrictions.


The Site can only be used by persons of legal age 18 or older; User acknowledges that he/she is at least 18 years old.


SUBSCRIPTIONS AND REFUNDS


Subscriptions are recurring and billed every 30 days ("Billing Period") based on the pricing for the selected type of member account ("Account Type") which includes Premium or Professional; Standard accounts are free. On the date the User upgrades his/her Account Type to Premium or Professional ("Original Purchase Date"), User will be billed for the next 30 days of service. Billing will continue every 30 days after the Original Purchase Date ("Recurring Date") until canceled. The Company will not refund any un-used portions of a Billing Period. Users can cancel subscriptions anytime either by submitting a cancellation request on the Contact Us page or calling our offices at 702-577-2980.


Under no circumstances shall the Company be held responsible for overdraft charges incurred from User's financial institution including overdraft fees, over the limit fees, or any other fees charged as a result of any purchases or renewals through or in connection with the Site. Company will refund fraudulent purchases. User understands and agrees that all purchases are final and any refunds are based on the Company's sole discretion. The Company reserves the right to refuse service to anyone and may immediately terminate User membership or subscription if the User violates the Terms of Use.


LIMITATION OF LIABILITY


IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS ARISING OUT OF THIS AGREEMENT. User's exclusive remedy, and Company's entire liability under this Agreement shall be a refund to User of the fees paid to Company hereunder, and in no event will Company's liability for any reason exceed such fee. Company (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from User's use of the Site, and User shall indemnify Company (and Company's officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than User arising from User's use or application of the Site.


WARRANTY DISCLAIMERS


IN ADDITION, COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET USER'S REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; WILL BE ACCURATE, ADEQUATE, RELIABLE, COMPLETE, AND COMPANY DISCLAIMS THE USEFULNESS OF ANY OF THE CONTENT, OR SERVICES ON THE SITE. COMPANY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF COMPANY. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF USER'S USE OF THE CONTENT OR THE SITE. THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COMPANY DISCLAIMS ANY AND ALL SUCH WARRANTIES.


MODIFICATIONS


Company reserves the right to change any of the Terms of Use or any policies or guidelines governing the Site or services, at any time at its sole and independent discretion. Any changes will be effective upon the posting of the changes on the Site. User is responsible for reviewing the changes. Changes to Terms of Use may be posted without notice. Users continued use of Site and the Services following the Company posting of any changes will constitute User's acceptance of such changes or modifications. The Company retains the right at its sole discretion, to add, delete or change some or all of the Services at any time associated with User's account. Company reserves the right to change its fees or billing methods at any time. Company will provide timely notice to the affected Users of any such changes.


INFORMATION AND CONTENT


The Site is published with the understanding that the Company is not engaged in rendering legal, investment, or tax advice or services. Since the User's situation is unique, a qualified professional should be consulted before making tax, legal or investment decisions. The Company is not responsible for errors or omissions and makes no guarantees as to the accuracy, thoroughness or quality of information on the Site, or any other information provided by the Company, it employees, officer, owners or affiliates whether written or oral. The information provided in the Site is neither comprehensive nor appropriate for every User. Some of the glossary terms and articles on the Site relate to subjects, investments, tax or legal strategies that might not be appropriate for the User. Company strongly cautions User to consult a professional legal, tax, or financial adviser before using information on the Site for any decisions. User should not rely on any information contained on the Site, whether in Articles or in the Glossary, for making investment, legal, or tax decisions. The Site and all information provided by the Company, it employees, officers, owners or affiliates whether write or oral, is provided on the express condition, to which User assents, that no liability shall be incurred by the Company or any of its employees, owners, officers or affiliates for any harm incurred by the User for using the information.


User agrees to treat all information published publicly on the Site, including listings, business directories, articles, and glossary terms, as proprietary to Company. User shall use Site information for personal and internal use, and shall not reproduce or use information obtained from the Site for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. The User agrees not to copy the data in whole or in part, for the purpose of publishing the information, reselling the information or for the purpose of retaining a local copy of the data to use as an in-house data source or to further populate an existing in-house database. As such, the User agrees to not systematically "scrape" or duplicate data from the website, either manually or in an automated fashion, in an effort to retain a significant portion or all of the data for future use. User may not copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content or information without the prior expressed written permission of Company and the appropriate third party, as applicable.


The Site does not support and is not intended to be used to send or save confidential information. User assumes all risk of losses and damages associated with transmitting confidential information on the Site.


User agrees that Company shall have an unrestricted right to use Listings and Public Profile information for publication on the internet and other forms of media through the Site its affiliates or partners. Company shall have sole authority to choose the manner in which any Listings and Public Profile information will be displayed and used by the Site, and reserves the right to modify or remove all or any part of a Listing or Public Profile.


MESSAGES AND COMMUNICATION


User agrees not to abuse the Site's communication system in any manner. User shall not use the Capital Fountain communication system to sell or promote any products or services. Failure to comply with this requirement may result in account suspension or termination, in the sole discretion of the Company.


User grants the Company the right to contact the User via email. User also grants other Site Member the right to send messages to the User that will be forwarded to the Users email address.


GOVERNING LAW


The Terms of Use shall be governed by the laws of the State of Nevada. All parties hereto agree to forbear from filing a claim in any other jurisdiction. If any provision of the Terms of Use shall be held to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect.