Terms of Use
Welcome to the Richmond Capital Management, Inc. web site located at https://richmondcap.com (the “Site”) operated by Richmond Capital Management (“RCM”, or “we”, “our” or “us”). Any and all use of the Site is subject to these terms and conditions (the “Terms of Use”). Any reference to “you” in these Terms of Use shall mean any user of the Site, including without limitation employees of RCM.
You agree to be bound by these Terms of Use, as well as our Privacy Policy (“Privacy Policy”), incorporated into these Terms of Use by reference, as they may be modified, updated or amended from time to time, whenever you:
Use any portion of the Site
Publish, contribute, access, view or use any Content on or through the Site.
Click to accept or agree to the Terms of Use and/or the Privacy Policy when this option is made available to you.
We reserve the right to change these Terms of Use at our sole discretion, at any time. If any change is not acceptable to you, you must discontinue your use of the Site immediately. Using the Site after changes to these Terms of Use or Privacy Policy constitutes your irrevocable acceptance of such changes. We may, in our sole discretion, notify you of such changes, although we are not required to do so. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.
No Securities Advice
The information provided on our Site does not constitute an offer to sell, a solicitation to buy, or a recommendation for any security; or as an offer to provide advisory services by RCM in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful under the securities laws of such jurisdiction. The information contained on this Site should not be construed as financial or investment advice on any subject matter. Any information regarding past performance of securities, or information about the financial markets, should not be viewed as indicative of future results. Comments and general market related projections are based on information available at the time, are for informational purposes only, are subject to change without notice, and may not be relied upon for individual investing purposes. RCM expressly disclaims all liability with respect to actions taken based on any or all the information on this Site.
Content and Intellectual Property Ownership / Use of the Site
You acknowledge that the messages, information, data, text, software, images, logos, button shapes, layout, design compilation and presentation of information, graphics or other materials as well as the “look and feel” of any web pages (collectively, the “Content”) that are posted on or are otherwise incorporated into the Site contain trademarks, copyrights and other proprietary material, the ownership or licensed rights to which are proprietary to RCM, its vendors and service providers, and other third party licensors or suppliers (“Third Party Licensors”), and that such proprietary material is protected by law, including U.S. copyright laws, trademark laws and international treaty provisions. The deletion or alteration of any copyright, trademark or other proprietary notices from the Site is strictly forbidden.
Further, you may not modify, copy, distribute, transmit, display, perform, use, publish, license, create derivative works from, transfer or sell any Content contained on the Site. You are granted a limited, non-exclusive, non-assignable and non-transferable license to access and view the Content on the Site only under these Terms of Use.
Any unauthorized use of Content accessed through the Site may constitute trademark or copyright infringement, unfair competition, or other potential state or federal causes of action, as applicable, which could subject the user to substantial civil penalties, damages or other relief.
No part of the Site may be reproduced in whole or in part without our express written permission. Any downloading or otherwise copying from the Site will not transfer title of any software or material to the viewer and may be subject to federal and/or state laws. If information is downloaded or copied from this Site, users agree not to remove or obscure any copyright, other notices, or legends contained in any such information.
Third Party Content
The Content displayed, distributed or otherwise accessible through the Site includes information (which may include, without limitation, factual information, personal narratives, advice, opinions, images, prices offered for items, item descriptions, and certain third-party terms of service) from various third-party sources, including Third Party Licensors. RCM has not independently verified that any Content is complete, current, accurate, safe, inoffensive, non-objectionable, or otherwise appropriate for any user of the Site and expressly disclaims any warranty with respect to the reliability of such information. You acknowledge and agree that your reliance on the Content is solely at your own risk. If you have any questions with respect to the Content displayed, distributed or otherwise accessible through the Site, please contact RCM at the address set forth below in the section titled “Our Contact Information.”
ALL BRANDS, TRADEMARKS, LOGOS, TRADE NAMES, TRADE DRESS, COPYRIGHTS OR COPYRIGHTABLE CONTENT OF ANY THIRD PARTY DISPLAYED, DISTRIBUTED, ACCESSED OR OTHERWISE COMMUNICATED THROUGH THE SITE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. RCM EXPRESSLY DISCLAIMS ANY ENDORSEMENT, AFFILIATION OR SPONSORSHIP, OR OTHER ASSOCIATION BY OR WITH SUCH THIRD-PARTY BRAND OWNERS.
Email Communications
RCM often communicates with its clients and prospective clients through electronic mail (“email”) and other electronic means. Your privacy and security are very important to us. We make every effort to ensure that email communications do not contain sensitive information. We remind our clients and others not to send confidential or personal information over email. If you have sensitive data to deliver, we can provide secure means for such delivery.
Restrictions on Your Communications with the Site
You agree not to transmit any Content or other communications to the Site that violate the following restrictions.
Do not advocate or solicit any activity that is illegal under the laws of any state in the United States or under U.S. federal law.
Do not transmit Content or communications that is unlawful, threatening, abusive, harassing, tortious, defamatory, slanderous, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity or other personal rights.
Do not transmit Content or Communications that infringes or otherwise violates any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of RCM or any third party.
You acknowledge that you have no expectation of privacy in any communication, and no confidential, fiduciary, contractually implied or other relationship is created between you and RCM by reason of your transmitting communications or Content to or through the Site.
Privacy Policy
RCM collects, stores and uses data collected from you in accordance with the RCM Privacy Policy.
Lawful Use
The Site may be used only for lawful purposes. As one of the conditions of your use of the Site, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms of Use and to seek prior written permission for any uses not expressly permitted herein. In connection with your use of the Site, you agree that you will not, nor will you assist or allow others to, directly or indirectly:
Delete any author attributions, legal notices or proprietary designations or labels on Content on the Site.
Provide any false or intentionally inaccurate or misleading information in any Communications transmitted to or through the Site, including impersonation of any person or entity and misrepresenting your affiliation with a person or entity.
Modify, delete, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any Content that is accessible or available through use of the Site, except as expressly permitted under these Terms of Use.
Violate any applicable local, state, provincial, national or international law or regulation, or use the information provided through this Site for any unlawful purpose.
Take any action which imposes an unreasonable or disproportionately large load or burden on the Site or use the Site in a manner that attempts to, or actually does, disrupt, impair, interfere with or wrongfully alter or modify the Site or any Content.
Attempt to decipher, decompile, disassemble or reverse engineer any of the software provided on, comprising or in any way making up a part of the Site, or otherwise used in connection with the operation of the Site or any Content.
Collect or attempt to collect any information of other users of the Site, or other members of the public without the subject’s consent, including without limitation personally identifiable information.
Violations of Site or network security may result in civil or criminal liability. RCM will investigate all occurrences which may involve such violations and may contact, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Modifications and Updates
RCM reserves the right to remove, change, modify or update any aspect of the Site at any time, in its sole discretion. These Terms of Use and the Privacy Policy shall apply to any such changes, modifications or updates of the Site.
Disclaimer of Warranty
The information on this Site is provided “as is”. RCM does not warrant the accuracy of the materials provided herein, either expressly or impliedly, for any particular purpose and expressly disclaims any warranties of merchantability or fitness for a particular purpose. Although the information provided on this site is obtained or compiled from sources believed to be reliable, RCM cannot, and does not, guarantee the accuracy, validity, timeliness or completeness of any information or data made available for any particular purpose. Nothing contained in the Site constitutes investment, legal, tax or other advice, nor may it be relied upon in making investment or related decisions.
Linked Websites
RCM may provide Site links or references to Internet sites maintained by third parties. These links and references are offered as a convenience and for informational purposes only, not as referrals or endorsements by RCM. RCM does not operate or control, and has no right or ability to modify or edit, in any respect any information, products or services provided on these third-party sites. RCM is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the products, services, information, or other content provided in such third-party sites, whether actual, alleged, consequential or punitive. RCM makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content.
Limitation of Liability
IN NO EVENT SHALL RCM, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS HAVE ANY LIABILITY TO YOU UNDER THESE TERMS OF USE FROM THE USE (OR ATTEMPTED USE) OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RCM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM LOSS OR INTERRUPTION OF BUSINESS, LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF ANTICIPATED BENEFITS, LOSS OF BUSINESS INFORMATION OR DATA, CORRUPTION AND THE LIKE), ERRORS, MISTAKES OR INACCURACIES IN ANY CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, UNAUTHORIZED ACCESS TO THE SITE OR TO PERSONALLY IDENTIFIABLE INFORMATION OR FINANCIAL INFORMATION STORED ON OUR SERVERS, ANY INTERRUPTION OR TERMINATION OF THE SITE OR YOUR ACCESS TO THE SITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE TRANSMITTED BY OR THROUGH THE SITE OR ANY THIRD PARTY WEB SITE LINKED THROUGH THE SITE, ARISING OUT OF ANY LEGAL OR EQUITABLE THEORY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), EVEN IF RCM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
In addition, RCM will not be responsible for any loss or damage that could result from interception by third parties of any information from this Site. Certain laws and regulations impose liabilities that cannot be disclaimed. This disclaimer shall in no way constitute a waiver or limitation of any rights a person and/or entity may have under such laws and/or regulations.
Legal Limits
The Site is not directed to any person or entity in any jurisdiction where (by reason of that person’s or entity’s nationality, residence or otherwise) the publication or availability of the Site is prohibited. Not all persons who access the Site may benefit from, or qualify for, RCM’s services. Persons and/or entities outside of RCM’s advisory jurisdiction must not access or utilize any information on the Site. This Site and its contents may not be used for illegal and/or unethical means of any kind. Please also see the RCM Privacy Policy.
Governing Law
You agree and acknowledge that the Site shall be deemed a passive site that shall not give rise to personal jurisdiction over RCM in any jurisdiction other than the Commonwealth of Virginia, and that the Site shall be deemed solely located in the Commonwealth of Virginia. The validity and effect of these Terms of Use shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without giving effect to principles of conflicts of law.
Waiver of Jury Trial
You waive all rights to trial by jury in any action or proceeding instituted in connection with these Terms of Use, the Privacy Policy or the Site.
Firm Profile
Richmond Capital Management (“RCM”) is the trade name used by Richmond Capital Management, Inc, a registered investment adviser. SEC registration does not imply a certain level of skill or training. RCM maintains the necessary notice filings/registrations/licenses with all appropriate states, commonwealths, and jurisdictions. Please refer to Form ADV, Part 2A (available upon request) for complete details of all financial services, products and fees.
Our Contact Information:
Richmond Capital Management
1509A Belleville Street
Richmond, VA 23230
Email: Info@richmondcap.com
Phone: (804) 379-8280
Miscellaneous
Except as otherwise expressly provided herein, these Terms of Use, together with the Privacy Policy and any updates, modifications or amendments to same, as well as any other legal notices provided or displayed through the Site, shall constitute the entire agreement between RCM and you regarding your use of the Site.
If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Any failure by RCM to exercise or enforce any legal right or remedy set forth in these Terms of Use, or otherwise under applicable law, shall not be deemed a waiver of RCM’ rights or remedies, which shall remain available to RCM.
The rights granted to you under these Terms of Use may not be assigned to any third-party without the prior written consent of RCM, in its sole discretion. These Terms of Use shall be binding upon you, your successors and approved assignees.