To the extent permitted by applicable law, the website www.equitiesfirst.com (the "Site") of Equities First Holdings® ("EFH") is provided "as is," without warranty of any kind, either express or implied. EFH does not guarantee, represent, or warrant that your use of the Site will be uninterrupted, error free, or virus free, or that the Site will meet your requirements. Any information obtained through the Site has not been verified, and EFH does not guarantee, represent, or warrant that such information is accurate, complete, reliable, or otherwise valid. EFH does not endorse or recommend, and expressly disclaims liability for, any product, manufacturer, distributor, service or service provider mentioned on the Site.
EFH disclaims all warranties, express or implied, including, but not limited to any warranty of title, non-infringement, merchantability, fitness for a particular purpose, or any warranty arising from a course of dealing, trade usage, or trade practice. These disclaimers apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of EFH's records or information, whether for breach of contract, tortious behavior, negligence, or any other cause of action.
You acknowledge that you are 18 years of age, or older, or that you are only using the Site under the supervision of your parent or guardian. You acknowledge and agree that use of the Site is at your sole risk. You acknowledge that information transmitted through the internet is never completely secure. Neither EFH, nor any of EFH's employees, affiliates, agents, representatives, or licensors (collectively, "EFH Associates") shall be liable to you or any third party for any compensatory, direct, indirect, incidental, special, exemplary, punitive, or consequential damages, or attorneys' fees, or for lost data or lost profit, arising out of your use of the Site or inability to gain access to or use the Site or out of any breach of any warranty, even if EFH or an EFH Associate has been advised of the possibility of such damages or such damages were foreseeable.
Your sole right and remedy with respect to any dispute with EFH or any EFH Associate is to stop using the Site. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential, incidental or special damages, in such states and jurisdictions liability is limited to the greatest extent permitted by law. If the foregoing limitations are unenforceable, you agree that EFH's liability to you under these terms shall not exceed the lesser of (a) the amounts paid by you to EFH or a EFH Associate in the three (3) months prior to the accrual of any such claim, or (b) $500.00.
The site is controlled, operated and administered by EFH from its offices within the United States. EFH makes no warranty or representation that material available through the Site is legal, appropriate, or available for use outside the United States. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws, and EFH accepts no responsibility for such access.
You agree to defend, indemnify, and hold harmless EFH and the EFH Associates, from and against any claims, damages, costs, and expenses, including all costs of legal proceedings and attorneys' fees, arising in connection with use of the Site by you, or in connection with a violation or breach of these terms by you, including without limitation, your violation of any laws governing communications or intellectual property.
You acknowledge and agree that these disclaimers reflect a fair and reasonable allocation of risk between EFH and you.
Note to California Residents. Equities First Holdings® is licensed in the state of California. Any borrower considering a loan from a stock loan broker or lender with an address in California or elsewhere must demand proof of proper licensure under the state's stringent California Finance Lenders Law. The legality of your financing may be in jeopardy if your broker or lender is not duly registered and licensed. (Heavy broker/lender fines and penalties are mandatory in California for any unlicensed lending activities.) Equities First Holdings® is licensed, registered, and in good standing under the California Finance Lenders Law, California Board of Corporations License No. 603G804.