Your access and use of this site ("Site") signifies that you agree to be bound by the following terms and conditions ("Agreement") which apply only to the use of this Site. If you do not agree with these terms and conditions, you should immediately cease use of the Site and cease use of all information and materials you obtained through the Site. Please read the following Agreement carefully. "You" refers to the company or legal entity that accesses and uses the Site and any officers, directors, partners, personnel, employees, agents, or contractors that use the Site through that company or legal entity, whether or not such use is authorized. "FirstCity", "us", "the company", or "we" refer to FirstCity Financial Corporation.
FirstCity may make changes to the Site and Content, including discontinuing the Site or Content. We reserve the right to do so without prior notice to you. This Agreement applies to all information and services that you use or otherwise access from time to time provided by FirstCity through this Site. You agree that you will use the Site and Content solely for your benefit and your internal business purposes, and you will not use the Site for the benefit of any other third party.
This Site is controlled, operated, and administered by FirstCity from its offices within the United States of America. Nothing on this Site shall be considered a solicitation to buy or an offer to sell a security to any person in any jurisdiction where such offer, solicitation, purchase, or sale would be unlawful. FirstCity makes no representations that Content is appropriate for use in all locations, or that transactions, products, instruments, or services discussed are available or appropriate for sale or use in all jurisdictions. Those who access this site do so on their own initiative and are responsible for compliance with applicable local laws or regulations.
FirstCity has expended substantial time, effort, and funds to create the Content. The works of authorship contained in this Content, including but not limited to all design, text and, images, are owned, except as otherwise expressly stated, by FirstCity. FirstCity and its logo are registered trademarks of FirstCity. Other featured words or symbols used to identify the source of goods and services are the trademarks of their respective owners. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without FirstCity's prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of FirstCity's proprietary rights. You acknowledge and agree that FirstCity exclusively owns or has been licensed by third parties to use all rights, title and interest in the Site and the information, data, images, and other content provided by FirstCity through this Site (individually and collectively, the "Content"). Nothing contained in this Agreement conveys to you any right, title, or interest in or to the Site or any Content. You shall not remove or modify any copyright or other notice placed on Content. Internal distribution of Content should be limited to you or those within your organization who are aware of the obligations imposed by this Agreement. You shall use the Site and the Content solely for your own internal use, and not for the benefit of any third party. In no event shall you display, circulate, publish, retransmit, redistribute, reproduce or sell all or any part of Content outside of the your business organization by any means or medium now or hereafter created. If you are required by a court of law or other judicial process to disclose any Content, you may do so and you agree to notify us of the disclosure.
Under no circumstances should any Content be used or considered as an offer to sell or a solicitation of any offer to buy the securities of FirstCity. Offers can only be made where lawful under applicable law. The viewing or distribution of the Site may be restricted by law in certain jurisdictions. Persons using the Site are required to inform themselves about and observe any legal restrictions on the use of this site and any restrictions set forth in the site. The Site does not constitute an offer of, or a solicitation to purchase, any securities in any jurisdiction in which such offer or invitation would be unlawful. If you wish to obtain further details about any information contained through this Site, there are several areas on the Site that will provide you with contact information.
All materials at this Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, or disclosures, or any copyright or proprietary notices. Any disclaimers, restrictions, or disclosure clauses apply to any partial document or material in the same manner as they do to the whole, and will be deemed incorporated in the portion of any material or document that you consult or download
Certain hyperlinks on the Site may link Web sites maintained by FirstCity affiliates which are not to be considered a part of the Site. Certain other links on the Site to non-affiliated third party sites may contain information over which we have no control. We take no responsibility for the content, accuracy, completeness, timeliness, current value, or any aspect of the information on these sites and disclaim any liability to you for it or for any consequence of your decision to use the links provided or your use of such information. Links to non-FirstCity sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such sites. Links do not imply that FirstCity or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, tradename, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of FirstCity.
The FirstCity publications herein may include typographical inaccuracies or typographical errors. All documents are provided AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
It is up to you to take precautions to ensure that information and Content you download or otherwise select for your use is free of viruses and other destructive items. FirstCity will not be liable for any difficulty, damage, or inaccessibility of information due to hardware or software incompatibility or electronic viruses.
If you respond to any FirstCity publication in this Site with information including feedback data, such as questions, comments, suggestions, or the like regarding the content of any document, such information shall be deemed to be non-confidential, and FirstCity shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without any limitation. In addition, FirstCity shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever, including, but not limited to, acquiring, servicing, developing, and marketing assets and services incorporating such information.
FirstCity may terminate this Agreement, in whole or with respect to any Content, with or without cause, at any time immediately upon notice posted at the Site. After the termination of this Agreement or any Content, you are not authorized to access or use the Content, and you shall cease all such access and use. If you nonetheless access or use the Site or Content in spite of termination of the Agreement, your use of or access to the Service or Content will be subject to the version of the Agreement then in effect as to all current users.
FirstCity may make changes to this Agreement at any time, without prior notice to you. Your continued use of the Site indicates your continued agreement to be bound by this Agreement, as changed from time to time. You should view this Agreement often to stay informed of changes that may affect you.
Neither FirstCity, its affiliates, nor any of their officers, directors, employees, agents, contractors, or other suppliers shall be liable in any way, and you and the company or legal entity that accesses and uses the Site agree to indemnify and hold harmless FirstCity, its affiliates, and such persons for any claims you or the company or legal entity that accesses and uses the Site may have relating to (1) any inaccuracy, error, or delay in, or omission of (a) any Content, or (b) the transmission or delivery of Content; (2) any loss or damage arising from or occasioned by (a) any such inaccuracy, error, delay, or omission, (b) non-performance, (c) interruption of Content due either to any negligent act or omission by FirstCity, its affiliates, or their officers, directors, employees, agents, contractors, or other suppliers or to any "force majeure" (i.e. flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction) or any other cause beyond the control of FirstCity, its affiliates, or their officers, directors, employees, agents, contractors, or other suppliers. You understand that FirstCity and its affiliates accept no responsibility for security of information on the Internet.
This Agreement represents your entire agreement with FirstCity with respect to your access and use of the Site and Content. This Agreement does not confer any rights, remedies, or benefits upon any person other than you and FirstCity. This Agreement may only be amended by a written or electronic form duly accepted and agreed to by FirstCity, or in the manner described in the Section "Changes to Agreement " above. You may not assign this Agreement without the prior written consent of FirstCity. This Agreement shall be binding on and inure to the benefit of the parties and their respective successors and assigns. The following Sections shall survive termination: SITE CONTENT, JURISDICTION ISSUES, PROPRIETARY RIGHTS, LINKED SITES, NO WARRANTY, COMPLIANCE WITH LAWS AND INDEMNITY, LIMITATION OF LIABILITY, and MISCELLANEOUS. Should any provision of this Agreement be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected. This Agreement shall be governed by and construed under the law of the State of Texas and the Federal law of the United States. You hereby consent and submit to jurisdiction in the Federal or state courts of the State of Texas, U.S.A. You hereby irrevocably waive your rights to a jury trial.