Terms of Use

Site Terms of Use Agreement

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES

1. OVERVIEW

The Site is owned by CAPITOL AUDIO ACCESS, INC., a California corporation, (d.b.a. Capitol Morning Report. (“Capitol Morning Report” or “We” and similar references). These Terms of Use (“Terms of Use”) sets forth the terms and conditions of your use of this website (“Site”) and the content and services (individually and collectively, the “Services”) found at this Site. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts these Terms of Use by using this Site or the Services found at this Site. If you are agreeing to these Terms of Use on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms of Use, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

2. USE OF THE SITE

In order to utilize certain Site Services, you will be asked to create an account (“Account”) by providing certain personal information such as your name, email address and physical address. (This Site’s Privacy Policy explains how such information may be collected and used). When you obtain a Service from Capitol Morning Report on the Site, you accept these Terms of Use and the specific terms applicable to that Service. Neither Capitol Morning Report nor any of its data providers will be liable in any way to you or to other parties for delays, inaccuracies, errors or omissions in material published on this website.

The content on this Site, including but not limited to current and past editions of the Capitol Moring Report newsletter (“Newsletter”) and the Services found at this Site, including without limitation the text, software, scripts, source code, graphics, photos, videos and interactive features and the trademarks, service marks and logos contained therein (“Capitol Morning Report Content”), are owned by or licensed to Capitol Morning Report in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Capitol Morning Report Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Capitol Morning Report. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by these Terms of Use. Capitol Morning Report reserves all rights not expressly granted in and to the Capitol Morning Report Content, this Site and the Services found at this Site, and these Terms of Use do not transfer ownership of any of these rights. You specifically agree not to distribute any of the Capitol Morning Report Content, including but not limited to the Newsletter without our prior written permission.

You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Capitol Morning Report Content) or enforce limitations on the use of this Site or the Services found at this Site or the Capitol Morning Report Content therein.

You may not use the Site in any manner that: (i) imposes an unreasonable or disproportionately large load on the Site’s infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Site; (ii) introduces a virus or other harmful component to the Site; (iii) constitutes or contains false or misleading indications of origin or statements of fact including but not limited to impersonating any other person; (iv) contains any virus, trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine; (v) results in the transmission of any information, data, text, images, links, files, etc., except in connection with your authorized use of the Site and (vi) results in the harvesting of any information concerning other users of this Site.

Capitol Morning Report may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, or content. Capitol Morning Report may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.

You are responsible for maintaining the confidentiality of your account and password. You may not share your password with third parties. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.

3. ACCOUNT HOLDER REGISTRATION

Account Holders must be 18 years and older, have properly registered and have not been suspended or removed by Capitol Morning Report for any reason (a “Account Holder”). By becoming an Account Holder you represent that you are of legal age. An account is available only to users who have completed the information required by the Site’s registration form. As an Account Holder, you agree to provide true, accurate, current, and complete information about yourself as prompted by the Site’s registration form. Accounts are void where prohibited by law. Capitol Morning Report reserves the right to revoke or prohibit your Account for any reason at any time, without notice, but, in particular, upon any violation of any of these Terms of Use or the Privacy Policy.

4. RULES OF CONDUCT

  • You acknowledge and agree that:
  • Your use of this Site and the Services found at this Site, including any content you submit will comply with these Terms of Use and all applicable local, state, national and international laws, rules and regulations.
  • You will not impersonate another User or any other person or entity, or submit content on behalf of another User or any other person or entity, without their express prior written consent.
  • You will not collect or harvest (or permit anyone else to collect or harvest) any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
  • You will not use this Site, or the Services found at this Site in a manner that:
  • Is illegal, or promotes or encourages illegal activity;
  • Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior;
  • Promotes, encourages or engages in child pornography or the exploitation of children;
  • Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
  • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
  • Infringes on the intellectual property rights of another User or any other person or entity;
  • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
  • Interferes with the operation of this Site or the Services found at this Site;
  • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
  • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Capitol Morning Report or Capitol Morning Report’s Services.
  • You will not copy or distribute any Capitol Morning Report Content or Services found at this Site, except where expressly authorized in writing by Capitol Morning Report. You may contact
  • Capitol Morning Report for such permission via email at morningreport@capitolmr.com.
  • You will not share your Account password with any third party, except as otherwise expressly permitted in writing by Capitol Morning Report.
  • You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.

Capitol Morning Report reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.

5. LINKING

The Site may contain links and pointers to other World Wide Web sites and resources. Links to and from the Site to other web sites maintained by third parties, do not constitute an endorsement by Capitol Morning Report or any of its affiliates of any third party web site or content. Capitol Morning Report is not responsible for the availability of these third party resources or their contents and in no event shall any reference to any third party, third party website or product be construed as an endorsement or approval. You should direct any concerns regarding any external link to its web site administrator or webmaster.

6. DISCLAIMER OF WARRANTIES; LIMITATIONS ON LIABILITY

USE OF THE SITE IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF DAMAGES FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.

EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED, THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL CAPITOL MORNING REPORT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES RESULTING FROM: (1) THE SITE OPERATING UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE SITE; (3) THE VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) INACCURATE SITE CONTENT.

IN NO EVENT SHALL CAPITOL MORNING REPORT BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO UTILIZE ANY FEATURE OF THE SITE.

IN NO EVENT SHALL CAPITOL MORNING REPORT, ITS VENDORS OR ANY OTHER ENTITY AFFILIATED WITH CAPITOL MORNING REPORT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST DATA, OR LOSS OF USE) ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE SITE, USE OF ANY SITE SERVICE OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY CAPITOL MORNING REPORT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CAPITOL MORNING REPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF CAPITOL MORNING REPORT IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL THE TOTAL LIABILITY OF CAPITOL MORNING REPORT, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO CAPITOL MORNING REPORT IN CONNECTION WITH THE APPLICABLE EVENT, OR PURCHASE GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL CAPITOL MORNING REPORT, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF CAPITOL MORNING REPORT.

7. INTERNATIONAL USE

We make no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

8. INTELLECTUAL PROPERTY RIGHTS; LIMITED LICENSE

You acknowledge that all right, title and interest in and to all content on the Site, including all information, data, video, audio, graphics, logos, button icons, software and other materials contained on or that make up the Site, is the sole and exclusive property of Capitol Morning Report, and is protected by U.S. and international copyright laws.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, and forms) of Capitol Morning Report without the prior written consent of Capitol Morning Report. You may not use any metatags or any other “hidden text” utilizing our name, trademarks, service marks, or trade names without the prior written consent of Capitol Morning Report. You may not use our names, trademarks, service marks, trade names, logos, slogans, or proprietary graphics as any part of a link without the prior written consent of Capitol Morning Report. Any unauthorized use terminates any license or permission granted by Capitol Morning Report. Except as expressly stated above, nothing contained herein shall be construed as granting, by implication, estoppel or otherwise, any license or right to the content of the Site.

All Capitol Morning Report trademarks, service marks, trade names, logos, slogans, and other identifying marks appearing on the Site are the sole and exclusive property of Capitol Morning Report. You may not copy or use any of Capitol Morning Report’ marks or any marks confusingly similar to Capitol Morning Report’ marks without the prior written consent of Capitol Morning Report, nor may you use Capitol Morning Report’ marks in any manner that discredits or disparages Capitol Morning Report. All other trademarks not owned by Capitol Morning Report that appear on the Site are the property of the respective owners, who may or may not be affiliated with, connected to, or sponsored by Capitol Morning Report.

Except for personally identifiable information that we obtain from you, any information you provide, including without limitation, any feedback, comments, suggestions, use of any messaging features and/or ideas you may submit to us, is hereby deemed nonconfidential and nonproprietary, shall become the property of Capitol Morning Report, and may be used by us for any purpose without restriction or obligation.

9. POLICY FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any content has been posted on the Site in a manner that constitutes copyright infringement, please notify us by providing our designated Copyright Agent with the written information specified below:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • A description of the copyrighted work(s) claimed to have been infringed;
  • A description of the material on the Site that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address;
  • A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement by you that the information in your notice to us is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Capitol Morning Report designated Copyright Agent for notice of claims of copyright infringement is: morningreport@capitolmr.com.

10. INDEMNIFICATION

You hereby agree to indemnify and hold Capitol Morning Report and any entity affiliated with Capitol Morning Report, and their respective general and limited partners, members, shareholders, directors, officers, employees, agents and representatives (collectively, the “Capitol Morning Report Entities”) harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to: (A) your use of the Site, or (B) any alleged breach of this Terms of Use by you.

11. TERMINATION

Capitol Morning Report may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content. Capitol Morning Report may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability at any time in Capitol Morning Report’ exclusive discretion, without prejudice to any legal or equitable remedies available to Capitol Morning Report, for any reason or purpose, including, but not limited to, conduct that Capitol Morning Report believes violates these Terms of Use or other policies or guidelines posted on the Site or conduct which Capitol Morning Report believes is harmful to other customers, to Capitol Morning Report’ business, or to other information providers. In addition, this Terms of Use may be immediately terminated at any time by Capitol Morning Report in its sole discretion. In addition and without prejudice to any other remedy available to Capitol Morning Report, Capitol Morning Report may immediately terminate this Terms of Use if you breach any term of this Terms of Use or other operating term set forth by Capitol Morning Report.

12. CHOICE OF LAW; JURISDICTION; ATTORNEYS’ FEES

This Terms of Use will be governed by the laws of the State of California applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Sacramento County, California will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Terms of Use. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. Capitol Morning Report will be entitled to recover its court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of any term of this Terms of Use.

13. PRIVACY POLICY

The Site is a United States web site and is subject to United States law. Capitol Morning Report’s use of data collected via the Site is governed by our Privacy Policy. A link to the Privacy Policy can be found in the footer of any Capitol Morning Report Site. You acknowledge and agree that our Privacy Policy is incorporated into this Terms of Use.

14. MISCELLANEOUS

This Terms of Use constitutes the entire terms of Use between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Capitol Morning Report in its sole discretion may amend this Terms of Use, and your use of the Site after such amendment is posted on the Site will constitute acceptance of it by you. If any term in this Terms of Use is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Terms of Use are for convenience only and must not be given any legal import.

This Site may contain typographical errors or inaccuracies and may not be complete or current. On the Site some products may appear larger or smaller than their actual size. Capitol Morning Report therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

15. ACCEPTANCE OF TERMS OF USE

By using the Site, you signify your agreement to the terms of this Terms of Use. If you do not agree to the terms in this Terms of Use, you must not use the Site. Capitol Morning Report may change the terms of this Terms of Use at any time, and your use of the Site after such changes are posted will mean that you accept them.

LAST UPDATED: May 13, 2013