Terms of Use
Please Read our terms of use carefully before using this website. We are making this information available to you as a resource for your own decision-making and thought – not as substitute for it.
Rhoads Lucca Capital Management (“Rhoads Lucca Capital”,Rhoads Lucca Capital Management, Inc, “RLC”, “RLCM”, “we,” or “us”) provides its web site, rhoadslucca.com, located at http://rhoadslucca.com (the “website”), to you, an individual user (“you”) for your individual usage, subject to compliance with the terms and conditions set forth herein.
1. Agreement
By using the website, you agree to be bound by our Terms of Use. If you do not agree to the terms and conditions contained in the Terms of Use and RLC’s Privacy Policy, please do not access or otherwise use the website or any information contained herein. See Section 7 for additional information on what to do if you do not agree to be bound by these terms of use.
2. Changes to the Terms of Use
We live in a rapidly changing world, so we reserve the right at any time to:
- Change any terms and conditions of the Terms of Use;
- Change the site, including eliminating or discontinuing content or feature of the site; or
- Modify the site at any time without prior notice, and you accept those modifications if you continue to use the site. You should check frequently to see any changes.
3. The Website Itself Does Not Constitute Individual Investment Advice
We welcome your viewing and use of this material for your own individual reading, education, information, study, and decision-making. In using these materials, however, you recognize that RLC is not providing individual investment advice on the website. Nor is there an offer made to enter into an Advisory relationship with Rhoads Lucca Capital Management, Inc. apart from a current ADV and contract.
The website is not intended to provide tax, legal, insurance or investment advice, and nothing on the website should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by RLC or any third party. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.
4. Copyright and Trademarks
The website and the content contained herein, as well as all copyrights, including without limitation, the text, documents, articles, products, software, graphics, photos, sounds, videos, interactive features, services, links, and any other content on the website (“Content”) and the trademarks, service marks and logos contained therein are the property of RLC. You may access and use the Content, and download and/or print out copies of any content from the website, solely for your personal, non-commercial use. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You acknowledge that you do not acquire any ownership rights by using the website. RLC reserves all rights not expressly granted in and to the website.
The 401k Autopilot® is a registered trademark, belonging to Rhoads Lucca Capital Management. This registered trademark has been granted to cover all financial management programs.
All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners.
The website contains links to other Internet websites or links to content created by third party which is published on the website. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites or on our website. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or appropriateness of any content, advertising, products, services, or information located on our website or any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
All content is provided on an as-is basis, and that no factual statement on this site should be relied upon without further investigation on your part sufficient to satisfy you in your independent judgment that it is true.
5. Disclaimer of Warranties for this Site
This website, and any product or service obtained or accessed through the website, is provided “as is” and without representations or warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, RLC, its officers, directors, employees, affiliates, suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, warranties of title and non-infringement, implied warranties of merchantability and fitness for a particular purpose, and all warranties relating to the adequacy, accuracy or completeness of any information on our website.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
RLC and its affiliates, suppliers, agents and sponsors do not warrant that your use of the website will be uninterrupted, error-free or secure, or that the site or the server(s) on which the site is hosted are free of viruses or other harmful components. You assume total responsibility and risk for your use of the site and your reliance thereon. No opinion, advice, or statement of RLC or its affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty.
6. Permission is granted to read, quote, cite, link to, print out or otherwise use this website’s content, so long as you comply with the terms below
A. All quotations from this website will include credit to RLC, John Rhoads, or David Lucca
- and, wherever practicable, a hyperlink is used in the form of: http://www.rhoadslucca.com/ … to the specific page of this website being referenced. The anchor text for this link should be the topic or headline you are linking to. Here is an example of this form of use: Retiring in the New Economy.
B. In exchange for the access to the website content described above, you agree not to sue Rhoads Lucca Capital Management, Inc. for its Content
- whether original or linked or quoted from another source, in any court, on any grounds whatsoever in law or equity. Should you violate this agreement by filing such a lawsuit, you agree to pay Rhoads Lucca Capital Management, Inc. owner or owners the sum of one million dollars ($1,000,000) as liquidated damages, in addition to all attorney’s fees, court costs, and other expenses associated with this litigation, and to indemnify and save harmless Rhoads Lucca Capital Management, Inc. and its owners from any damage award made against them in such an action.
Should this agreement not to sue be held unenforceable by a court of competent jurisdiction, you agree to binding arbitration with all arbitration expenses to be paid by you. The arbitration panel shall be composed of three owners of Registered Investment Advisory firms, chosen by the owner or owners of Rhoads Lucca Capital Management, Inc., The award in such arbitration shall be limited to:
(1) a monetary sum not to exceed $10; and
(2) the publication of a retraction on the website. Should this arbitration provision be held unenforceable in a court of competent jurisdiction, you agree to accept as liquidated damages in any lawsuit against Rhoads Lucca Capital Management, Inc. the sum of ten dollars ($10), and you agree that you will be entitled to no other relief of any kind in law or equity.
You agree that all disputes concerning these terms of use or the content of the website are to be resolved in the courts of Dallas, TX, under the laws of The Great State of Texas and the United States of America.
C. You agree that efforts to obtain content from the website in violation or circumvention of these terms of use constitute a violation of Rhoads Lucca Capital Management, Inc. copyright
- and you understand and agree that:
(1) by virtue of this agreement, you are estopped from arguing otherwise; and
(2) such violations may lead to civil or criminal penalties.
D. If you are a corporation, you agree to provide upon the filing of any lawsuit or the mailing of any letter threatening legal action, a bond in the amount of one million dollars ($1,000,000) as security against the liquidated damages provided for in paragraph 6. B above.
If you are an attorney or law firm representing a party filing such lawsuit or causing such a letter to be sent, you agree to provide a bond in the same amount as security against the liquidated damages provided for in paragraph 6. B above unless you have never accessed, viewed, read, or otherwise made use of content from this website in any form.
7. If you do not agree to these terms of use
Please exit the site immediately, destroy all copies of content from the website remaining in any form on your computer, any other computer or network device under your control, in print form, or on any information storage or retrieval device that you possess or control. Then execute the following affidavit and send it by certified mail to:
Rhoads Lucca Capital Management, Inc.Legal Department
14911 Quorum Dr, Ste 380
Dallas TX 75254-7058
United States of America.
Affidavit:
I hereby certify under penalty of perjury that I possess no copies of the RLC website in any form whatsoever; that neither I nor any employee or associate will access that site in the future in any form whatsoever; that I will immediately destroy any copies of RLC website content that happen to come into my possession. I understand that action contrary to these statements constitutes both perjury and a violation of the RLC Terms of Use, subjecting me to possible civil and criminal liability.
Signed (include date): _________________________________________
Witnessed (notary) Notary Seal: __________________________________
My commission expires: ______________