Terms & Conditions

Welcome to Capital Advisory

1438063 B.C. LTD. DBA Capital Advisory, a company having his principal place of business located at 758 Copping St Unit 206, North Vancouver, BC V7M 3G6, Canada, its subsidiaries, and affiliates (collectively, “Capital Advisory,” the “Company,” “We,” or “Us”) provides website features and access to its service and third-party products at www.capitaladvisory.io, its mobile application, or through software use provided by Capital Advisory (collectively, “Services”). Capital Advisory provides these Services subject to the following terms and conditions (“Terms”):

Agreeing to These Terms & Conditions.

We offer a range of educational and training Services to assist you and your business in improving your decision-making processes related to investments. IN THE EVENT YOU SUBSCRIBE TO COMPANY’S SERVICES, YOU AGREE TO SIGN AND EXECUTE A SEPARATE TRAINING CONTRACT WITH Capital Advisory (“AGREEMENT”). If these Terms are inconsistent with the Agreement, the terms of Agreement shall prevail and apply.

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE BEFORE ACCESSING, USING, OR SUBSCRIBING TO ANY OF OUR SERVICES VIA CAPITALADVISORY.IO OR OTHER OF OUR SITES OR ONLINE RESOURCES WHICH LINK TO THESE TERMS.

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 7, 11, 12, AND 13). ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 13. THESE TERMS FORM AN ESSENTIAL BASIS OF AND SUPPLEMENT THE AGREEMENT.

General Use.

The use of Capital Advisory or other sites or online resources to which these Terms are linked (each, a “Website”), owned and maintained by Us, is governed by these Terms. We offer the Website, including all information, tools, and Services available from the Website to you, the user, conditioned upon your acceptance of all Terms stated herein and subsequent signing and execution of Agreement. By accessing, using, or subscribing to our Services, you and your business (including any sub-users you may have) agree to the Terms set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

Capital Advisory reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms here. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.

SECTION 1 – Website Use.

The Website is intended for businesses operated by adults of majority age. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read these Terms and understand and agree to them.

SECTION 2 – Website User Conduct and Restrictive-License Terms.

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Capital Advisory trademark and logo are proprietary marks of Capital Advisory, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display in any way whatsoever any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Capital Advisory.

Subject to your continued strict compliance with all Terms, Capital Advisory provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, and non-transferrable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any materials protected by applicable intellectual property laws.

If you subscribe to Capital Advisory’s online materials or our Services, Capital Advisory provides you a revocable, limited, non-exclusive, non-sublicensable, and non-transferrable license to use the software (if applicable). You acknowledge and agree that:

The software is copyrighted material under Canada and international copyright laws and is exclusively owned by Capital Advisory;
You do not acquire any ownership rights in the software;
You may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software;
Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software without the express written permission of Capital Advisory; and
In the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.

You agree not to use or attempt to use the Website, or any software provided by Capital Advisory, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to Capital Advisory. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from:

Harmful Acts: Any dishonest or unethical practice; any violation of the law; infliction of harm to Capital Advisory reputation; hacking and other digital or physical attacks on the Website; scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website and/or transmitting it in any way we haven’t specifically permitted; introducing, transmitting, or storing viruses or other malicious code; interfering with the security or operation of the Website; framing or mirroring the Website; creating, benchmarking, or gathering intelligence for a competitive offering; infringing another party’s intellectual property rights, including failing to obtain permission to upload/transfer/display works of authorship; intercepting or expropriating data; and the violation of the rights of Capital Advisory or any third party.
“Spamming” and Unsolicited Communications: We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to Capital Advisory reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
Offensive Communications: Any communication sent, posted, or authorized by you, including without limitation postings on any website operated by you, or social media or blog, which are sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of unlawful behavior.
Sensitive Information: You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic Service hosted, provided by or connected to Capital Advisory, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.

SECTION 3 – Our Privacy Statement and Your Personal Information.

We value your privacy and are committed to protecting your personal information. Any personal data you provide through the Website will be handled with care and in accordance with our internal privacy practices. By using our Website, you consent to the collection and use of your information as described in these Terms. We reserve the right to update or modify our privacy practices as needed.

SECTION 4 – Information You Provide; Registration; Passwords.

As a Capital Advisory user, you may be required to create an account with Capital Advisory. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your Capital Advisory user account, and you agree not to transfer your password or username or lend or otherwise transfer your use of or access to your user account to any third party. You are fully responsible for all transactions with, and information conveyed to you as a Capital Advisory subscriber/user, including technical information, pricing, business strategy, and data about other past or current Capital Advisory users or their customers.

SECTION 5 – Subscription Payment Terms.

A Capital Advisory user is responsible for paying all sums due to Capital Advisory in connection with their monthly subscription in accordance with these Terms and/or Agreement.

Failure by the Capital Advisory user to use any of the Services available through the Service provided by Capital Advisory does not relieve the Capital Advisory user of their fee payment obligations under the Agreement. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or Services together with details on when payment is due.

You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific Service purchased and therefore authorize the automatic payment collection terms applicable to that specific Service.

IF YOU WISH TO CANCEL YOUR CAPITAL ADVISORY SUBSCRIPTION (INCLUDING SUBSCRIPTIONS FOR SERVICES) AT ANY TIME, YOU MUST SUBMIT A CANCELLATION REQUEST TO US VIA OUR SUPPORT EMAIL ADDRESS contact@capitaladvisory.io.

Capital Advisory reserves the right to immediately terminate a user’s account and/or Service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of Service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event Capital Advisory starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 15 below. In addition to any fees, Capital Advisory may also charge applicable value added or other tax.

SECTION 6 – Services and Prices.

Our Service and respective prices are generally posted at the following URL (but are subject to change): www.capitaladvisory.io. Capital Advisory reserves the right, without notice, to discontinue its Services or modify specifications and prices on products and Services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms or Agreement, any price changes to your subscription of Services will take effect following email notice to you.

Price changes are effective on the first day of the month after the price change is posted. By accessing or using the Website or subscribing to our Services after such price change, you authorize Capital Advisory to charge your account in the amount indicated for the value of the Services you select. If you request a downgrade in Services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of Capital Advisory Services, and unless you terminate your subscription as provided herein, you agree that Capital Advisory may charge your credit card monthly for the products and Services you have selected, and you consent to any price changes for such Services after email notice has been provided to you.

Capital Advisory takes reasonable steps to ensure that the prices set forth on the Website are correct, and to accurately describe and display the Services available on the Website. If the correct price of our Service is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

SECTION 7 – Disclaimer – Your Individual Results Will Vary.

Every business is different, employing different strategic approaches and organizational structures, and offering different Services. Therefore, individual results will vary from user to user. As such, the outcomes and effectiveness of the resources and training provided by Capital Advisory will differ from one business to another. Your specific results will depend on various factors unique to your business, such as your content strategy, business model, target market, and the specific products or services you offer.

CAPITAL ADVISORY MAKES NO PROMISES, GUARANTEES, OR ASSURANCES REGARDING YOUR BUSINESS’S SUCCESS, REVENUE, OR SALES PERFORMANCE. You acknowledge and agree that Capital Advisory will not provide you or your business with sales leads, referrals, or direct client acquisition. Businesses that invest in our products or Services gain access to our educational courses and training resources, but it is essential to understand that we do not guarantee business success. The applicability and effectiveness of our tools and software will depend on numerous market conditions beyond our control and may not align with your business needs or objectives.

Furthermore, unless explicitly stated in a separate Agreement between the Company and the user, Capital Advisory does not make claims regarding potential earnings, expected efforts, return on investment, or the financial outcomes of using our software, tools, or other offerings. There is a possibility that you may not achieve the results you desire, or you may not recoup your initial investment.

It is important to note that without the proper education and training, our resources are not intended to represent a business opportunity, a "get-rich-quick" scheme, a guaranteed system for success, a franchise, or a turnkey business solution. If such outcomes are your expectation, we advise against purchasing our products or services.

Instead, our offerings should be viewed as tools and resources that require diligent effort and application. Their effectiveness will vary depending on individual circumstances and may be suitable for some business contexts but not others. Additionally, we do not provide any tax, accounting, financial, or legal advice. For guidance on these topics, you should consult with a qualified professional, such as your business’s accountant, attorney, or financial advisor.

SECTION 8 – Your Responsibilities in Running Your Business.

You represent and warrant that you operate a business in good-standing and you agree that there are no prior or pending government investigations or prosecutions against you or your business. You also agree that you and your business will only use Capital Advisory's products and Services for lawful purposes and that you shall not use such products or Services, whether alone or in connection with other software, hardware, or Services, for any unlawful or harmful purpose.

You are solely and exclusively responsible for complying with all applicable laws and regulations in running your business, including, but not limited to, all laws governing licensing and registration, advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to your business or use of Services.

You agree to notify Capital Advisory if any investigation or lawsuit is threatened or filed against you, whereupon Capital Advisory shall have the right to terminate your subscription to our Website or Capital Advisory Services without liability. Capital Advisory shall have no liability for your violation of any laws.

You are solely and exclusively responsible for collecting and reporting all sales and use tax, and any other taxes, which may apply to sales of products or services by your business. Capital Advisory shall not be responsible to collect or report any taxes which may apply to your business or sales of products or services by your business.

You agree to indemnify Capital Advisory as set out below in the event that you and/or your business violate any law and a claim is threatened or asserted against Capital Advisory as a result.

SECTION 9 – Testimonials, Reviews, and Pictures/Videos.

Capital Advisory is pleased to hear from users and customers and welcomes your comments regarding our Services and products. Capital Advisory may use such testimonials and/or Service reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to Capital Advisory Services or products, in printed and online media, as Capital Advisory determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial do not necessarily reflect the experience that you may have using our Services or products. As set forth above in Section 7, your results will vary depending upon a variety of factors unique to and beyond Capital Advisory's control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and non-proprietary, and, by providing them, you grant Capital Advisory a royalty-free, worldwide, perpetual, non-exclusive, and irrevocable license to use them. In any event, we respect your privacy and will not publish personally identifiable information unrelated to our business.

Additionally, Capital Advisory reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Capital Advisory shall be under no obligation to use any, or any part of, any testimonial or product review submitted.

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Capital Advisory reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Capital Advisory a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Capital Advisory and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Capital Advisory for all claims resulting from content you supply. Capital Advisory has the right but not the obligation to monitor and edit or remove any activity or content. Capital Advisory takes no responsibility and assumes no liability for any content posted by you or any third party.

SECTION 10 – Compliance with the Laws, Including Commitment Against Harassment and Interference with Others ("Targeting").

As a user of Capital Advisory’s services and products, you are required to comply with all applicable laws, regulations, and guidelines, both in the United States and internationally. Additionally, you are responsible for adhering to laws that may govern other aspects of your business activities, such as licensing and registration, intellectual property rights, privacy, data security, anti-corruption, anti-terrorism, child protection, and import/export regulations. It is your sole responsibility to ensure compliance with all such laws, rules, regulations, and court orders applicable to your business and any recipients of digital communications facilitated by our products or Services.

If you utilize any third-party messaging software, systems, or hardware, you agree to adhere to all relevant laws regarding the dissemination of messages. You agree to indemnify and hold harmless Capital Advisory from any claims, damages, losses, or lawsuits that arise from your violation of applicable laws or third-party rights through the use or misuse of any messaging software or hardware, whether these are provided by Capital Advisory or a third party.

You acknowledge that Capital Advisory has no control over and is not responsible for the performance, functionality, or legal compliance of any third-party software, including but not limited to Facebook, Facebook Messenger, and internet browser notifications. Capital Advisory does not guarantee that its software will be compatible with any third-party software or services you may choose to use. You are solely responsible for the legal compliance and functionality of any and all messaging software and hardware used in connection with your business operations.

SECTION 11 – Disclaimers of Other Warranties.

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:

THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND TO THE MAXIMUM EXTECT PERMITTED UNDER THE APPLICABLE LAW, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT:

The use of the Website or any software will be secure, timely, uninterrupted or error-free, or operate in combination with any other hardware, software, system or data.
The Website, software, or Services will meet your requirements or expectations.
Any stored data will be accurate or reliable.
The quality of any products, Services, software, information, or other material purchased or obtained by you through the Website will meet your requirements or expectations.
Errors or defects in the Website will be corrected.
The Website or the server(s) that make the Website available are free of viruses or other harmful components.

ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

SECTION 12 – Limitations of Liabilities.

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL CAPITAL ADVISORY OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS, OR CLAIMS ARISING FROM OR RELATED TO THESE TERMS, THE PRIVACY STATEMENT, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER CAPITAL ADVISORY HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

SECTION 13 – Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver.

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

If you have a complaint, dispute, or controversy, you agree to first contact us at contact@capitaladvisory.io to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, Service, or software, these Terms, any affiliate agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in Sections 17 and 18 below. The arbitration will be conducted by a single neutral arbitrator in the English language in Vancouver, Canada, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, this arbitration provision, and any other terms incorporated by reference into these Terms. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to these Terms and whether a non-signatory to these Terms can enforce this provision against you or Capital Advisory.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

The arbitrator shall follow the substantive law of the State of Delaware without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

You and Capital Advisory agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class-wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and Capital Advisory expressly waive any right to pursue any class or other representative action against each other.

Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1-year period includes the 120-day informal resolution procedures described above).

To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in this Section, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Vancouver, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class-wide or representative basis

This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration.

This provision survives termination of your account or relationship with Capital Advisory, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.

SECTION 14 – Capital Advisory's Additional Remedies.

In order to prevent or limit irreparable injury to Capital Advisory, in the event of any breach or threatened breach by you of the provisions of these Terms or any infringement or threatened infringement by you of the intellectual property of Capital Advisory or a third-party, Capital Advisory shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Vancouver, Canada restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in these Terms shall be construed as prohibiting Capital Advisory from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts governing Vancouver, Canada, for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.

SECTION 15 – Indemnification.

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Capital Advisory, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to:

Your use, misuse, or attempt to use the Website, software, products, or Services.
Information you submit or transmit through the Website.
Your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in these Terms.
Your violation of any law or the rights of a third-party.

SECTION 16 – Notice and Takedown Procedures; Digital Millennium Copyright Act.

If you believe that materials or content available on the Website infringe any copyright you own, you or your agent may send Capital Advisory a notice requesting that Capital Advisory remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Capital Advisory a counter-notice. Notices and counter-notices should be sent to Capital Advisory by e-mail to contact@capitaladvisory.io. These Terms fully incorporate by reference the DMCA Policy.

SECTION 17 – Third-Party Links.

The Website may contain links to other websites. The views, information, or opinions expressed on or during any Capital Advisory or otherwise publicized on our online and mobile resources are solely those of the creating authors or contributors and not those of Capital Advisory or either of its parent companies. Further, Capital Advisory is not responsible for and does not verify the accuracy of any of the information contained in any Capital Advisory or content. The primary purpose of these resources is to educate, inspire, and inform. Some authors’ or contributors’ content may discuss strategies and methods for earning income in business, and you should feel free to reach out to those authors or contributors about their proof that such strategies and methods work. Capital Advisory assumes no responsibility for the content or functionality of any non-Capital Advisory website to which we provide a link.

SECTION 18 – Termination.

These Terms will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “SUBSCRIBE NOW”, “SUBMIT”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, subscribe to a Service, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Terms or violated any law, whether in connection with your use of Capital Advisory or otherwise, we may terminate your arrangement with Us or suspend your access to the Website at any time without notice to you. Sections 7, 15, 17 through 20 of these Terms, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of these Terms and/or your account or relationship with Capital Advisory. Upon termination, you remain responsible for any outstanding payments to Capital Advisory.

SECTION 19 – No Waiver.

No failure or delay on the part of Capital Advisory in exercising any right, power, or remedy under these Terms may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under these Terms. A waiver of any right or obligation under these Terms shall only be effective if in writing and signed by Capital Advisory.

SECTION 20 – Assignment.

Capital Advisory may assign its rights under these Terms at any time, without notice to you. Your rights arising under these Terms cannot be assigned without Capital Advisory's (or its assigns’) express written consent.

SECTION 21 – Contacting Us.

We encourage our clients/customers to contact us with questions or comments about our products and Services. Please feel free to do so by sending an e-mail to contact@capitaladvisory.io.

If you have any questions or inquiries concerning any of the Terms, you may contact Capital Advisory by email at contact@capitaladvisory.io.

Note on how we can communicate with you:

By agreeing to our Terms, a prospect agrees to receive snail mail, email, phone, and automated pre-recorded voice message solicitations from Capital Advisory, including its various business divisions, affiliates, partners, vendors, list managers, and clients who purchase our lists. You also agree to be contacted on a recurring basis for as long as you are a part of our SMS/MMS mobile message marketing program. We may sell the personal information that you supply to us, and we may work with other third-party businesses to bring selected retail opportunities to our members via direct mail, email, SMS, text, and telemarketing (including but not limited to pre-recorded phone messages). Filling out any forms on our pages constitutes your signature and agreement that Capital Advisory and its representatives, agents, and partners may contact you by telephone (including at your wireless telephone number), email, SMS, or pre-recorded message at the information you provided through this website, and you understand and agree that this consent applies even if your number is listed on a state or federal do-not-call list. By filling out any of our forms, you also agree that you cannot "build a case" against Capital Advisory (by counting infractions per solicitation) because submitting any forms or filling out any information signifies that you are requesting to be contacted by email, including SMS, text, and pre-recorded phone calls. In no event shall either party be liable for special, indirect, incidental, or consequential damages, including, but not limited to, loss of use or loss of profits.

Message and data rates may apply.

Prospects agree they are solely responsible for any and all third-party fees they may incur when being contacted by Capital Advisory and its business divisions, affiliates, partners, clients, vendors, and list managers. By filling out ANY of our forms, you also forfeit your right to litigate against Capital Advisory based on any previously alleged infraction (alleged infractions prior to your submitting any forms), including but not limited to SMS, email, or robo-dial. If any of the terms are held unenforceable, the remainder of the terms shall remain in effect.

To unsubscribe from email, phone, SMS, or robo-dialing mediums, please send an email to contact@capitaladvisory.io and include the phone number and/or email address you wish to be removed. You may also call and leave a message indicating such a request at +61 431 982 804. You can also opt-out by replying to the text message with “STOP.”

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