Broker Check

First Capital Financial Concepts - Arlington Heights, IL

  
 

Online Terms and Conditions

First Capital Financial Concepts Website Terms of
Use
Acceptance of the Terms of Use
These terms of use are entered into by and between You and First Capital Financial Concepts
(“Company,” “we,” or “us”). The following terms and conditions, together with any documents they
expressly incorporate by reference (collectively, the “Terms of Use”), govern your access to and use
of firstcfc.com, including any content, functionality, and services offered on or through firstcfc.com
(the “Website”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you
accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at
[PRIVACY POLICY URL], incorporated herein by reference. If you do not want to agree to these
Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older and reside in the United
States or any of its territories or possessions. By using this Website, you represent and warrant that you
are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility
requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are
effective immediately when we post them, and apply to all access to and use of the Website thereafter.
However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction
will not apply to any disputes for which the parties have actual notice on or before the date the change
is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Use means that you accept
and agree to the changes. You are expected to check this page from time to time, so you are aware of
any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the
Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of
the Website is unavailable at any time or for any period. From time to time, we may restrict access to
some parts of the Website, or the entire Website, to users. You are responsible for both:
• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of
these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain
registration details or other information. It is a condition of your use of the Website that all the
information you provide on the Website is correct, current, and complete. You agree that all information
you provide to register with this Website or otherwise, including, but not limited to, through the use of
any interactive features on the Website, is governed by our Privacy Policy [LINK TO PRIVACY
POLICY], and you consent to all actions we take with respect to your information consistent with our
Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part
of our security procedures, you must treat such information as confidential, and you must not disclose
it to any other person or entity. You also acknowledge that your account is personal to you and agree
not to provide any other person with access to this Website or portions of it using your user name,
password, or other security information. You agree to notify us immediately of any unauthorized access
to or use of your user name or password or any other breach of security. You also agree to ensure that
you exit from your account at the end of each session. You should use particular caution when accessing
your account from a public or shared computer so that others are not able to view or record your
password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or
provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you
have violated any provision of these Terms of Use.
Website Accessibility
The owner of this Website is committed to providing individuals with disabilities access to
goods, services and privileges offered on the website firstcfc.com and is in the process of
improving the accessibility of firstcfc.com.
We endeavor to develop and update website content using current technologies that afford full
and equal access to persons with disabilities. We make every effort necessary to meet online
usability and design requirements recommended by the World Wide Web Consortium (W3C) in
its Web Content Accessibility Guidelines 2.1.
If you have specific questions or concerns about the accessibility of this site or need assistance
with using this site, please contact us at cvillano@firstcfc.com. When contacting us please be
sure to specify the particular web page about which you have a question or require assistance.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all
information, software, text, displays, images, video, and audio, and the design, selection, and
arrangement thereof) are owned by the Company, its licensors, or other providers of such material and
are protected by United States and international copyright, trademark, patent, trade secret, and other
intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You
must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform,
republish, download, store, or transmit any of the material on our Website, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your
accessing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement
purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your
own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single
copy to your computer or mobile device solely for your own personal, non-commercial use,
provided you agree to be bound by our end user license agreement for such applications.
You must not:
• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the
accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of
materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or
materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any
part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately
and you must, at our option, return or destroy any copies of the materials you have made. No right, title,
or interest in or to the Website or any content on the Website is transferred to you, and all rights not
expressly granted are reserved by the Company. Any use of the Website not expressly permitted by
these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other
laws.
The owner of this Website respects the intellectual property rights of others. Third party materials
that we do not own or control may be transmitted, stored, accessed or otherwise made available
using the Sites. We have adopted a policy that provides for the removal of any content or the
suspension of any user that is found to have repeatedly infringed on the copyright of a third party.
If you believe that any material available via the Websites violates your copyright rights, you
should notify us using the notice procedure for claimed infringement under the DMCA (17 USC
Section 512). Please promptly notify our agent: Charles Villano cvillano@firstcfc.com 847-398-
9000. Please make you sure that you specifically identify the copyrighted work that you claim has
been infringed by providing specific URL(s) and a precise description of where the copyrighted
material is located on the page(s).
We may give notice to our users of any infringement notice by means of a general notice on any
of our Sites, electronic mail to a user's e-mail address in our records, or by written communication
sent to a user's last known physical address in our records. If you receive such an infringement
notice, you may provide counter-notification in writing. Please be advised that if you submit a
counter-notification, that notice along with your identifying information included in the notice
will be provided to the party that submitted the original claim of infringement.
If you believe that content on the Sites violates other non-copyright intellectual property rights,
including your trademark or publicity rights, please promptly notify the owner of this Website by
submitting the following information to the street or email address set forth below: the basis for
your rights (including any trademark or other relevant registrations); a succinct description of the
alleged violation and the nature of the rights violated; and the location (including URL or internet
address) of the content that you believe to be infringing on the Sites.
By Mail: 334 N Waynes Ct Palatine Il 60067
By Email: cvillano@firstcfc.com
Trademarks
The Company name, logo, and all related names, logos, product and service names, designs, and
slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks
without the prior written permission of the Company. All other names, logos, product and service
names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You
agree not to use the Website:
• In any way that violates any applicable federal, state, local, or international law or regulation
(including, without limitation, any laws regarding the export of data or software to and from the
US or other countries).
• To transmit, or procure the sending of, any advertising or promotional material, including any
“junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or
any other person or entity (including, without limitation, by using email addresses associated with
any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website,
or which, as determined by us, may harm the Company or users of the Website, or expose them
to liability.
Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden, damage, or impair the site or
interfere with any other party’s use of the Website, including their ability to engage in real time
activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any
purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other
purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or
technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the
Website, the server on which the Website is stored, or any server, computer, or database connected
to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.
Monitoring and Enforcement; Termination
We have the right to:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in
our sole discretion, including if we believe that such User Contribution violates the Terms of Use,
including the Content Standards, infringes any intellectual property right or other right of any
person or entity, threatens the personal safety of users of the Website or the public, or could create
liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material
posted by you violates their rights, including their intellectual property rights or their right to
privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any
illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including
without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement
authorities or court order requesting or directing us to disclose the identity or other information of
anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS
THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY
CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE
FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS
BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Website, and cannot ensure
prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability
for any action or inaction regarding transmissions, communications, or content provided by any user or
third party. We have no liability or responsibility to anyone for performance or nonperformance of the
activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User
Contributions must in their entirety comply with all applicable federal, state, local, and international
laws and regulations. Without limiting the foregoing, User Contributions must not:
• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing,
violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race,
sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other
rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any
material that could give rise to any civil or criminal liability under applicable laws or regulations
or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [LINK TO
PRIVACY POLICY].
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or
annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or
organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales
promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity,
if this is not the case.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information
purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any
reliance you place on such information is strictly at your own risk. We disclaim all liability and
responsibility arising from any reliance placed on such materials by you or any other visitor to the
Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other
users, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements
and/or opinions expressed in these materials, and all articles and responses to questions and other
content, other than the content provided by the Company, are solely the opinions and the responsibility
of the person or entity providing those materials. These materials do not necessarily reflect the opinion
of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy
of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete
or up-to-date. Any of the material on the Website may be out of date at any given time, and we are
under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy [LINK TO PRIVACY
POLICY]. By using the Website, you consent to all actions taken by us with respect to your information
in compliance with the Privacy Policy.
Geographic Restrictions
The owner of the Website is based in the State of Illinois in the United States. We provide this Website
for use only by persons located in the United States, and it may only be available to people located in
the United States. We make no claims that the Website or any of its content is available or appropriate
outside of the United States. Access to the Website may not be legal by certain persons or in certain
countries.
Apple Disclaimer
The following paragraph applies to any version of the Sites that you acquire from the Apple App
Store. These Terms constitute an agreement entered into between you and the owner of this
Website. Apple, Inc. (“Apple”) is not a party to these Terms and shall have no obligations with
respect to the Sites. The owner of this Website, not Apple, is solely responsible for any version
of the Sites that you acquire from the Apple App Store and the content thereof as set forth
hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of these
Terms. Upon your acceptance of these Terms, Apple shall have the right (and will be deemed to
have accepted the right) to enforce these Terms against you with respect to the version of the
Sites you acquire from the Apple App Store as a third-party beneficiary of these Terms. You
represent and warrant that (i) you are not located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a “terrorist
supporting” country; and (ii) you are not listed on any U.S Government list of prohibited or
restricted parties. These Terms incorporate by reference the Licensed Application End User
License Agreement published by Apple, for purposes of which, you are “the end-user.” In the
event of a conflict in the terms of the Licensed Application End User License Agreement and
these Terms, these Terms shall control.
Disclaimer of Warranties
No advice or information, whether oral or written, obtained from or through our Websites,
products or services will create any warranty not expressly made herein. The foregoing exclusions
of warranties do not apply to the extent prohibited by applicable law.
The Websites are not a substitute for seeking financial advice concerning your specific
circumstances from a qualified attorney, accountant, investment or other professional advisor. As
a courtesy, we make efforts to ensure the accuracy of information provided, but the accuracy of
information on the Website is not guaranteed and may be subject to change without notice, and
revisions to material posted on the Website may not be made immediately following any such
change. While the Website (i) may display language or features from an insurance policy/policies
or a variable annuity contract/contracts; or (ii) may summarize certain features of an insurance
policy/policies; or (iii) may provide information about advisory or brokerage accounts, nothing
stated in the Website modifies, alters, or supplants the terms of any insurance policy or annuity
contract, or any advisory or brokerage account statements or information, in any way, nor should
such content be construed as such.
The Content contained on the Websites is not intended, in any manner, as an official brokerage or
mutual fund statement, quarterly performance report or a record of policy values.
Any performance data quoted represents past performance and does not guarantee future results.
The investment return and principal of an investment will fluctuate so that an investor's shares
when redeemed may be worth more or less than the original cost. The values represented on the
Website may not reflect the true original cost of your initial investment. You should not rely on
this information for any financial decision making. You are encouraged to review and maintain
the official source document(s) provided by the account or policy custodian(s). Those source
documents may contain notices, disclosures and other important information and may also serve
as a reference should questions arise regarding the accuracy of the information in this report.
Always refer to these source documents for lending, legal or tax purposes.
Some content of the Websites are provided by third parties as a convenience to you ("Third Party
Content"). Third Party Content is outside our control. Neither the owner of the Website nor the
provider(s) of Third Party Content take responsibility for the suitability of the Third Party
Content. The provision of Third Party Content is not an endorsement of the Third Party Content,
any third party service, or its sponsoring organization.
REFERENCE TO A FUND OR SECURITY INCLUDED ANYWHERE ON OUR SITES IS
NOT A RECOMMENDATION TO BUY, SELL, OR HOLD THAT, OR ANY OTHER
SECURITY.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY
SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH
THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE
COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY
OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR
ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE
WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT
DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE
WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL
OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED
OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS
AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY
LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY
TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE
OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT
LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS
OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS
OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT
(INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF
FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service
providers, and its and their respective officers, directors, employees, contractors, agents, licensors,
suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards,
losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your
violation of these Terms of Use or your use of the Website, including, but not limited to, your User
Contributions, any use of the Website’s content, services, and products other than as expressly
authorized in these Terms of Use, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom
or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and
construed in accordance with the internal laws of the State of Illinois without giving effect to any choice
or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website
shall be instituted exclusively in the federal courts of the United States or the courts of the State of
Illinois, Palatine and County of Cook. You waive any and all objections to the exercise of jurisdiction
over you by such courts and to venue in such courts.
Arbitration
a. Purpose. Any Dispute (as defined below in these Terms) involving you and the owner of this
Website shall be resolved through individual arbitration. In arbitration, there is no judge or jury
and there is less discovery and appellate review than in court. This Section (the “Arbitration
Provision”) shall be broadly interpreted.
b. Definitions. The term “Dispute” means any claim or controversy related to the Sites, including
but not limited to any and all: (1) claims for relief and theories of liability, whether based in
contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose
before these Terms or any prior agreement; (3) claims that arise after the expiration or termination
of these Terms; and (4) claims that are currently the subject of purported class action litigation in
which you are not a member of a certified class. As used in this Arbitration Provision, any
reference to “us,” “we” or the owner of this Website shall include the owner and any of its
predecessors, successors, assigns, parents, subsidiaries and affiliated companies and each of their
respective officers, directors, employees and agents, and “you” means you and any users or
beneficiaries of your access to the Sites. Notwithstanding the foregoing, Disputes relating to the
scope, validity, or enforceability of this arbitration provision will not be subject to arbitration.
c. Right to Sue in Small Claims Court. Notwithstanding anything in this Arbitration Provision,
either party may elect to bring an individual action in small claims court if the claim is not
aggregated with the claim of any other person and if the amount in controversy is properly within
the jurisdiction of the small claims court.
d. Right to Opt Out. IF YOU DO NOT WISH TO ARBITRATE DISPUTES YOU MAY
DECLINE TO HAVE YOUR DISPUTES WITH US ARBITRATED BY NOTIFYING US IN
WRITING WITHIN 30 DAYS OF THE LATER OF YOUR FIRST ACCESS TO OR USE OF
THE SITES, BY MAIL TO 334 N Waynes Ct Palatine Il 60067. YOUR WRITTEN
NOTIFICATION TO US MUST INCLUDE YOUR NAME, ADDRESS AND TELEPHONE
NUMBER AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE
DISPUTES WITH YS THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS
ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR
RELATIONSHIP WITH US OR PRODUCTS AND SERVICES PROVIDED BY US.
e. Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration
proceeding may open a case with the American Arbitration Association (“AAA”) by visiting its
website (www.adr.org) or calling its toll free number (1-800-778-7879). You may deliver any
required or desired notice to the owner of this Website by mail to 334 N Waynes Ct Palatine Il
60067.
f. Arbitration Procedures. This Arbitration Provision shall be governed by the Federal Arbitration
Act. Arbitrations shall be administered by AAA pursuant to its Consumer Arbitration Rules (the
“AAA Rules”) as modified by the version of this Arbitration Provision that is in effect when you
notify the owner of this Website about your Dispute. You can obtain the AAA Rules from the
AAA by visiting its website (www.adr.org) or calling its toll-free number (1-800-778-7879). If
there is a conflict between this Arbitration Provision and the rest of these Terms, this Arbitration
Provision shall govern. If there is a conflict between this Arbitration Provision and the AAA rules,
this Arbitration Provision shall govern. If the AAA will not administer a proceeding under this
Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. If
the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to
appoint an arbitration organization that will administer a proceeding under this Arbitration
Provision as written applying the AAA Consumer Arbitration Rules. A single arbitrator will
resolve the Dispute. Unless you and we agree otherwise, any arbitration hearing will take place at
a location convenient to you in the area where you receive or received any of the Sites from the
owner of this Website; or, if you reside in a location outside of the area where you receive or
received any of the Sites, then the arbitration hearing will take place at a location convenient to
you in the county where you reside. The arbitrator will honor claims of privilege recognized by
law and will take reasonable steps to protect customer account information and other confidential
or proprietary information. The arbitrator shall issue a reasoned written decision that explains the
arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court
having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s
award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
g. Waiver of Class Actions and Collective Relief. THERE SHALL BE NO RIGHT OR
AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS
ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS
BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE
GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER
SUBSCRIBERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY
IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT
NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S
CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE
WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE
PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A
REPRESENTATIVE OR CLASS PROCEEDING. THIS WAIVER OF CLASS ACTIONS AND
COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION
AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS
ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION
PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT
JURISDICTION.
h. Arbitration Fees and Costs. If your claim seeks more than $75,000 in the aggregate, the payment
of the AAA’s fees and costs will be governed by the AAA rules. If your claims seek less than
$75,000 in the aggregate, the payment of the AAA’s fees and costs will be our responsibility.
However, if the arbitrator finds that your Dispute was frivolous or brought for an improper
purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the
payment of the AAA’s fees and costs shall be governed by the AAA Rules and you shall reimburse
us for all fees and costs that were your obligation to pay under the AAA Rules. You may hire an
attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional
costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you
could in court if the arbitration is decided in your favor. Notwithstanding anything in this
Arbitration Provision to the contrary, we will pay all fees and costs that it is required by law to
pay.
i. Continuation. This Arbitration Provision will survive the termination or expiration of these
Terms.
Limitation on Time to File Claims
TO THE EXTENT PERMITTED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY
HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST
BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES;
OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a
further or continuing waiver of such term or condition or a waiver of any other term or condition, and
any failure of the Company to assert a right or provision under these Terms of Use shall not constitute
a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to
be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the
minimum extent such that the remaining provisions of the Terms of Use will continue in full force and
effect.
Entire Agreement
The Terms of Use, and our Privacy Policy constitute the sole and entire agreement between you and
First Capital Financial Concepts regarding the Website and supersede all prior and contemporaneous
understandings, agreements, representations, and warranties, both written and oral, regarding the
Website.
Your Comments and Concerns
This website is operated by First Capital Financial Concepts 334 N Waynes Ct Palatine Il 60067.
All feedback, comments, requests for technical support, and other communications relating to the
Website should be directed to: cvillano@firstcfc.com.
Not Legal, Tax, or Investment Advice
We are not providing specific insurance, tax or investment advice to any individual viewing the
content of the Websites. The content on the Websites is not intended and should not be
construed as legal or tax advice.
The content provided does not constitute a solicitation of an offer to buy or an offer to sell
financial or insurance products.
For information that is specific to your situation, consult with your attorney or tax advisor. The
material provided on the Sites, including the blogs, is intended to potentially assist you in
planning for your future and insurance planning. We are not responsible for the consequences of
any decisions or actions taken in reliance upon or as a result of the content made available on
the Websites.
All rights not granted herein are expressly reserved to the owner of the Website.