TERMS and conditions OF USE

GENERAL

These Terms and Conditions of Use (the "Terms of Use") apply to the Claymore Brothers  web site located at www.ClaymoreBrothers.com (the "Site"). The Site is the property of Claymore Brothers LLC ("Claymore Brothers") and its licensors.

By using the site, you agree to these terms of use; if you do not agree, you may not use the site.

Claymore Brothers  reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Claymore Brothers  grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

CONTENT

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, computer code and any other relevant information (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Claymore Brothers, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no content or information may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Claymore Brothers' express prior written consent.

USE OF THE SITE

You may not use any device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Claymore Brothers reserves the right to restrict any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Claymore Brothers server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Claymore Brothers , including any Claymore Brothers account not possessed by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or systems or networks, or any systems or networks connected to the Site or to Claymore Brothers.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other individual's use of the Site. 

You may not manipulate identifiers in order to disguise the origin of any message or transmittal you send to Claymore Brothers on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Claymore Brothers or others.

OTHER TERMS AND CONDITIONS

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Claymore Brothers' obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Claymore Brothers may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Claymore Brothers makes no commitment to update the materials on the Site with respect to such products and services.

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site. Your continued use of the site will be your understanding and acceptance of the most current Terms of Use.

PRIVACY

Claymore Brothers’ Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Claymore Brothers' Privacy Policy, click here. 

SECURITY

Certain features or services offered on or through the Site may require you to open an Account (including setting up a Claymore Brothers username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Claymore Brothers immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Claymore Brothers or any other user of or visitor to the Site due to someone else using your Claymore Brothers username, password or account as a result of your failing to keep your account information secure and confidential. You agree to indemnify any and all losses, expenses and damages incurred by Claymore Brothers as a result of your failing to keep this information secure and confidential.

You may not use any Claymore Brothers username, password or account at any time without the express permission and consent of the holder of that Claymore Brothers ID, password or account. Claymore Brothers cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

DISCLAIMERS

Claymore Brothers does not promise and/or guarantee that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an "as-is" and "as-available" basis. All information provided on the site is subject to change without notice. Claymore Brothers cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. Claymore Brothers disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Claymore Brothers disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any Claymore Brothers services. You assume complete responsibility for your use of the site and any linked sites. your sole remedy against Claymore Brothers for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.

Claymore Brothers reserves the right to do any of the following, at any time, without notice:

• to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason;
• to modify or change the Site, or any portion of the Site, and any applicable policies or terms;
• to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

LIMITATION OF LIABILITY

Except where prohibited by law, in no event will Claymore Brothers be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Claymore Brothers has been advised of the possibility of such damages.

INDEMNITY

You agree to indemnify and hold Claymore Brothers, its officers, presidents, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Claymore Brothers  by any third party due to or arising out of or in connection with your use of the Site.

VIOLATIONS 

Claymore Brothers may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Claymore Brothers' rights or property, or the rights or property of visitors to or users of the Site, including Claymore Brothers' customers. Claymore Brothers  reserves the right at all times to disclose any information that Claymore Brothers  deems necessary to comply with any applicable law, regulation, legal process or governmental request. Claymore Brothers also may disclose your information when Claymore Brothers determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. As soon as practicable you will be notified of any disclosure of any personal information.

You acknowledge and agree that Claymore Brothers may preserve any transmittal or communication by you with Claymore Brothers through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Claymore Brothers determines that such preservation or disclosure is reasonably necessary to

• comply with legal process
• enforce these Terms of Use
• respond to claims that any such data violates the rights of others
• protect the rights, property or personal safety of Claymore Brothers, its employees, users of or visitors to the Site, and the public.

 

You agree that Claymore Brothers may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Claymore Brothers, for which monetary damages would be inadequate, and you consent to Claymore Brothers obtaining any injunctive or equitable relief that Claymore Brothers deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Claymore Brothers may have at law or in equity.

You agree that Claymore Brothers may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to)

• requests by law enforcement or other government agencies
• a request by you (self-initiated account deletions)
• discontinuance or material modification of the Site or any service offered on or through the Site
• unexpected technical issues or problems.

 

Should Claymore Brothers take any legal action against you as a result of your violation of these Terms of Use, Claymore Brothers will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Claymore Brothers. You agree that Claymore Brothers  will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

GOVERNING LAW; DISPUTE RESOLUTION

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law’s provisions. You agree to the personal jurisdiction by and venue in the city of Philadelphia, Pennsylvania and waive any objection to such jurisdiction or venue. In the event of any controversy or dispute between Claymore Brothers and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. 

All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the Commonwealth of Pennsylvania or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of the Commonwealth of Pennsylvania.

This Dispute Resolution provision shall survive the rescission or termination of the Agreement and shall be governed by and construed under the Laws of the courts in the Commonwealth of Pennsylvania, excluding its conflict of laws rules. 

VOID WHERE PROHIBITED

 Claymore Brothers administers and operates the www.ClaymoreBrothers.com Site from its location in British Columbia, Canada; other Claymore Brothers sites may be administered and operated from various locations outside Canada and United States of America. Claymore Brothers reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Canada and United States of America, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

MISCELLANEOUS

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations.

If any provision of this agreement shall be held invalid or unenforceable under applicable law, then such provisions shall be amended to the extent necessary to achieve the objectives of such provision within the limits of the applicable law, and the rest of this Agreement shall remain in full force and effect.

These Terms of Use constitute the entire agreement between you and Claymore Brothers  with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Claymore Brothers  with respect to such use are hereby superseded and cancelled. 

Other than as provided in a purchase agreement you enter into with Claymore Brothers, Claymore Brothers will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Claymore Brothers' failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Claymore Brothers of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Claymore Brothers and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Additional INFORMATION

Any feedback you provide at this site shall be deemed to be non-confidential. Claymore Brothers  shall be free to use such information on an unrestricted basis.

The information contained in this web site is subject to change without notice.