WEBSITE TERMS AND CONDITIONS OF USE
Effective date: October 1, 2018
Thank you for visiting fundnv.com and/or startupnv.org (each, as applicable, the “Site”). You should not access or use this Site until you have carefully read and agreed to these terms and conditions of use (the “Terms”). By using this Site, you agree to these Terms. If you do not agree to these Terms, you may not further access or use the Site. You should check the Site and these Terms periodically for modifications. FundNV may modify the Site and/or the Terms from time to time without notice to you. If FundNV makes material changes to the Terms we will post the revised Terms and the revised effective date on this Site and/or provide notice by some other means. By using the Site following any modifications to the Terms, you agree to be bound by these Terms as modified. These Terms supersede all previous notices or statements regarding our terms and conditions of use with respect to this Site.
- Safe Harbor. This website has been prepared solely for informational purposes and is not an offer to sell nor a solicitation of an offer to purchase any securities. Any such offer will be made pursuant to formal offering documents, of which this presentation is not a part. The material contained in this presentation is confidential and is being furnished solely for the purpose of considering an investment in FundNV, a to be formed early-stage venture fund that will seek to provide growth capital to select StartUpNV member companies (“FundNV”). This presentation and the information contained herein is proprietary and confidential and are intended exclusively for the use of the person to whom it has been delivered by or on behalf of FundNV and may not be reproduced or redistributed to any other person without the prior written consent of FundNV. The information contained herein is subject to revision and no representations or warranties are made as to the accuracy or completeness of such information. Certain of the economic and market information contained herein has been obtained from published sources and/or prepared by third parties. While such sources are believed to be reliable, none of FundNV or any of its affiliates, employees and representatives assume any responsibility for the accuracy of such information. Prospective investors should be aware that an investment in FundNV involves a degree of risk. There can be no assurance that the investment objectives of FundNV will be achieved or that an investor will receive a return of or on its capital. This presentation may contain “forward-looking statements” within the meaning of the federal securities laws. Forward-looking statements are those that predict or describe future events or trends and that do not relate solely to past matters. Forward-looking statements include, without limitation, any statement that may predict, forecast, indicate or imply future results, performance or achievements, and may contain the words “estimate,” “project,” “intend,” “forecast,” “anticipate,” “plan,” “planning,” “expect,” “believe,” “will,” “will likely,” “should,” “could,” “would,” “may” or words or expressions of similar meaning. All such forward looking statements involve risks and uncertainties, including, but not limited to: statements regarding fund performance. In addition to the items described in this presentation many important factors affect our ability to achieve our stated objectives and to successfully manage the fund and provide returns to investors. Therefore, prospective investors are cautioned that there can be no assurance that the forward-looking statements included in this presentation will prove to be accurate. In light of the significant uncertainties inherent to the forward-looking statements included herein, the inclusion of such information should not be regarded as a representation or warranty by us or any other person that our objectives and plans will be achieved in any specified time frame, if at all. Except to the extent required by applicable laws or rules, we do not undertake any obligation to update any forward-looking statements or to announce revisions to any of the forward-looking statements.
- Use of this Site. FundNV provides you with access to and use of the Site subject to your compliance with the Terms. By using this Site, or submitting information through this Site, you represent that you are a United States of America resident and at least 18 years of age. If you are not at least 18 years of age, you may not use this Site without the express consent of an adult. We control and operate the Site from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access and use the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.
- Prohibited Uses. The Site may be used only for lawful purposes. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of your posting on or through the Site. FundNV specifically prohibits any use of the Site, for: (a) posting any (i) information which is incomplete, false, inaccurate or not your own, (ii) trade secrets or material that is copyrighted or otherwise owned by a third party unless you have a valid license from the owner which permits you to post it or (iii) material that infringes on any other intellectual property, privacy or publicity right of another; (b) impersonating another person; (c) engaging in or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation, or which fails to comply with accepted Internet protocol; or (d) transmitting or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nations in violation of US export control laws. In addition, you are prohibited from violating or attempting to violate the security of the Site or FundNV ‘s systems or network security, including, without limitation, the following: (i) accessing data not intended for users of the Site or gaining unauthorized access to an account, server or any other computer system; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (iii) attempting to interfere with the function of the Site, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing”, “crashing”, or sending unsolicited e-mail, including promotions and/or advertising of products or services; or (iv) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of the Site’s or FundNV ‘s systems or network security may result in civil or criminal liability.
- FundNV Proprietary Rights. The Site, including all of its contents, such as text, images, audio, and the HTML used to generate the pages, (“Content”), are the property of FundNV or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, delete, add to, license, post, transmit, or distribute any Content from this Site in whole or in part, for any public or commercial purpose without the specific written permission of FundNV. FundNV hereby grants you a personal, non-exclusive, non-transferable license to access the Site, and to use the information and services available on the Site solely for personal, internal and non-commercial purposes. Except as otherwise provided herein, use of the Site does not grant you a license to any Content, features or materials you may access on the Site. You hereby grant to FundNV a non-exclusive, perpetual, sublicenseable, irrevocable, worldwide, and royalty-free license to use any content you post on the Site for any purpose, subject to the express terms of this Agreement. As between you and FundNV (or other company whose marks appear on the Site), FundNV (or the respective company) is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site, and is the copyright owner or licensee of the Content and/or information on the Site. In particular, the FundNV logos and service names are trademarks of FundNV (the ” FundNV Marks”). Without FundNV ‘s prior permission, you agree not to display or use FundNV Marks in any manner. Nothing on the Site should be construed to grant any license or right to use any FundNV Mark without the prior written consent of FundNV. FundNV Marks may be registered in the United States and internationally.
- Links from and to the Site. Express, written consent must be granted by FundNV for any type of link to the Site. FundNV reserves the right, at its discretion at any time, to deny any request, or rescind any permission granted, to link to the Site, and to require termination of any such link to the Site. You may be able to link to third party websites (“Linked Sites”) from the Site. Linked Sites are not, however, reviewed, controlled or examined by FundNV in any way and FundNV is not responsible for the content, availability, advertising, products, information or use of user information or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply FundNV ‘s endorsement of, or association with, the Linked Sites. In no event shall FundNV be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites.
- Disclaimer of Warranties. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FUNDNV DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. FUNDNV MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE NOT SATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
- Limitation of Liability and Indemnity. TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL FUNDNV, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF FUNDNV OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF FUNDNV TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD FUNDNV, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, IN ANY WAY ARISING FROM, RELATED TO OR IN CONNECTION WITH YOUR USE OF THE SITE, YOUR VIOLATION OF THESE TERMS OR THE POSTING OR TRANSMISSION OF ANY MATERIALS ON OR THROUGH THE SITE BY YOU, INCLUDING, BUT NOT LIMITED TO, ANY THIRD PARTY CLAIM THAT ANY INFORMATION OR MATERIALS YOU PROVIDE INFRINGES ANY THIRD PARTY PROPRIETARY RIGHT.
- General Information. You agree that the laws of the State of Nevada, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Site may be subject to other local, state, national, and international laws. You consent to jurisdiction of the state and federal courts of Nevada for enforcement of these Terms. The section titles in the Terms are for convenience only and have no legal or contractual effect. Any claim or cause of action you may have with respect to FundNV or the Site must be commenced within one (1) year after the claim or cause of action arose. The failure of FundNV V to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You may not assign these Terms or any of your rights or obligations under these Terms without FundNV ‘s express written consent. These Terms inure to the benefit of FundNV ‘s successors, assigns and licensees. The Terms constitute the entire agreement between you and FundNV and govern your use of the Site, superseding any prior agreements between you and FundNV. You may also be subject to additional terms and conditions that are applicable to certain parts of the Site.