Web Site Terms Of Use

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EL CAPITAN PRECIOUS METALS, INC. (“EL CAPITAN”) owns and administers this site to provide information about our BUSINESS. your use of this site is subject to the terms and conditions set forth in this agreement (the “policy”). your access and use of this site constitues your acceptance of these terms and conditions and your agreement to be bound by them. if you do not agree to these terms or if you do not agree to our privacy policy posted on this site, please do not use this site or any services offered by this site. we reserve the right to change these terms and conditions at any time without notice. please check back often to ensure you are aware of any updates or changes to these terms.

Access To This Site

To access some of the resources the site has to offer, you may be asked to provide certain personal or other information.  It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If El Capitan believes the information you provide is not correct, current, or complete, El Capitan has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

Intended for Users Over 13 Years of Age

The safety of children is very important to us. Although this site is intended for use by persons at least thirteen (13) years of age, El Capitan can not prohibit minors from visiting our site and must rely on parents and guardians (at least eighteen (18) years of age at time of use) to decide which materials are appropriate for children under thirteen (13). El Capitan will not knowingly collect personal information from children. Please see our Privacy Policy for more information.

Restrictions On Use

You may not (and may not authorize any other party to) (i) co‑brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of El Capitan.  For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site.  You agree to cooperate with El Capitan in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

El Capitan respects the intellectual property of others, and we ask our users to do the same. El Capitan has no responsibility for content on other sites that you may find or access when using El Capitan’s website. Material available on or through other sites may be protected by copyright and intellectual property laws of the United States and/or other countries. The terms of use of those sites, and not this site’s Policy, govern your use of that material.

It is El Capitan’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of El Capitan and/or others.

Errors on Site

Any information on the site is subject to change without notice. Errors will be corrected where discovered and El Capitan reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.

Proprietary Information

The material and content accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by El Capitan (the “Content”) is the proprietary information of El Capitan or the party that provided the Content to El Capitan, and El Capitan or the party that provided the Content to El Capitan retains all right, title, and interest in the Content.  Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of El Capitan, except that you may print out a copy of the Content solely for your personal use.  In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.  Modification or use of the Content except as expressly provided in these Terms of Use violates El Capitan’s intellectual property rights.  Neither title nor intellectual property rights are transferred to you by access to this site. 

All names, logos, service marks, and trademarks appearing in this site, including the trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, and all other Content, except as otherwise noted, are protected intellectual property of, or used with permission or under license by, El Capitan and its affiliates. This includes the entire Content of the site, copyrighted and protected as a collective work.

Hyper-Links

This site may allow users to post text, images, audio, video, links to other sites or other content to the site or be hyper-linked to other sites which are not maintained by, or related to, El Capitan.  As a consequence, you may see materials that have been submitted to this site by individuals not affiliated with or sponsored by this site or El Capitan.  El Capitan has not reviewed any or all of such sites and is not responsible for the content of those sites.  Hyper-links are to be accessed at the user’s own risk, and El Capitan makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site.  Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by El Capitan of that site.

Submissions

You hereby grant to El Capitan the royalty-free, perpetual, irrevocable, worldwide, non‑exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to El Capitan through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.  El Capitan will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future El Capitan operations.

El Capitan will treat any personal information that you submit through this site in accordance with its Privacy Policy (visit: [http://www.elcapitanpmi.com/web-site-privacy-policy]).

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide El Capitan’s Copyright Agent with the following information: 1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2) a description of the copyrighted work or other intellectual property that you claim has been infringed; 3) a description of where the material that you claim is infringing is located on the site, with enough detail that we may find it; 4) your address, telephone number, and email address; 5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; 6) a statement by you, made under penalty of perjury, that the above information in your notice to El Capitan is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

El Capitan’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Copyright Agent

c/o El Capitan Precious Metals, Inc.
15225 N. 49th St
Scottsdale, AZ 85254
By Phone: (800) 517-0795

By Fax: (800) 517-0795

Privacy Policy

We take your privacy and your privacy concerns very seriously. That is why we have adopted our Privacy Policy explaining our online information collection practices and the choices you can make about the way information is collected and used. Please read and understand our Privacy Policy.

Disclaimer

You understand that El Capitan cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data.  El Capitan does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by El Capitan.  Investors, borrowers, and other persons should use the Content in the same manner as any other medium and should not rely on the Content to the exclusion of their own professional judgment.  Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. 

YOUR USE OF THIS SITE IS AT YOUR OWN RISK.  The Content is provided “as is” and without warranties of any kind, either expressed or implied.  EL CAPITAN disclaims all warranties,  including without limitation, any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT.  EL CAPITAN does not warrant that the functions OR CONTENT contained in this site will be uninterrupted or error-free, that defects will be corrected Or that this site or the server that makes it available are free of viruses or other harmful components.  EL CAPITAN does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise.  The content may include technical inaccuracies or typographical errors, and el capitan may make changes or improvements at any time.  You, and not EL CAPITAN, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT.  el capitan MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and El Capitan does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.

Limitation On Liability

el capitan, ITS SUBSIDIARIES, AFFILIATES, Licensees, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF El Capitan HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL THE COLLECTIVE LIABILITY OF El Capitan AND ITS PARENT, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO El Capitan FOR THE APPLICABLE CONTENt, product OR SERVICE OUT OF WHICH LIABILITY AROSE.

Indemnity

You will indemnify and hold El Capitan, its parent, subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use.  You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith.  You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Information You Provide

You may not post, send, submit, publish, or transmit in connection with this site any material that:

  • you do not have the right to post, including proprietary material of any third party;
  • advocates illegal activity or discusses an intent to commit an illegal act;
  • is vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to this site;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
  • solicits funds, advertisers or sponsors;
  • includes programs which contain viruses, worms and/or “Trojan horses” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • amounts to a ‘pyramid’ or similar scheme; or
  • disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; 

El Capitan reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason.  Notwithstanding these rights, you remain solely responsible for the content of your submissions.  You acknowledge and agree that neither El Capitan nor any third party that provides Content to El Capitan will assume or have any liability for any action or inaction by El Capitan or such third party with respect to any submission.

Disputes

This site is operated by El Capitan, with offices in the United States of America. These Terms of Use will be governed and interpreted pursuant to the laws of the State of Arizona, United States of America. If there is any dispute regarding this site, by using this site, you agree that the dispute will be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You agree to personal jurisdiction in the state and federal courts of the State of Arizona.

Miscellaneous

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. 

Right to Update

Because our site will continue to implement new technologies and improve the products we provide, Policies are subject to change. We reserve the right to change or update our Policies and to modify or terminate the site for any reason, without notice and without liability to you or any other participating third party. As a site user, you are responsible for regularly reviewing our Policies in order to remain informed of our practices and your obligations as you visit and use our site. Our current Policies constitute the entire agreement between you and El Capitan as you use our site and supersedes all prior understandings or agreements, written or oral, in this regard.

Agreeing to Terms

If you do not agree to these Terms of Use or the Privacy Policy posted on this site, please do not use this site or any services offered by this site. We reserve the right to make changes to these terms at any time. Please check back from time to time to ensure you are aware of any updates or changes. Your use of our site indicated acceptance of all terms.

Last revised September 2011.

Copyright © 2011 El Capitan Precious Metals, Inc.  All rights reserved.

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El Capitan

8390 Via de Ventura, Suite F-110
Scottsdale, AZ 85258
Phone: (480) 440.1449
Contact Us