Trust Plantation

Terms of Use

General description

Jul 27, 2023
Montseny hereinafter the Corporation,
www.trustplantation.com hereinafter the web or website,
3800 S Ocean Dr 224A, Hollywood FL 33019 hereinafter the address.
info@trustplantation hereinafter the email.

We reserve the right, at our sole discretion, to change these Terms of Use (“updated terms“) from time to time. Unless we make a change for legal or administrative reasons, we will provide you with reasonable advance notice before the updated Terms become effective. You agree that we may notify you of the updated Terms by posting them on the Website , and that your use of the Service and the Website after the effective date of the updated Terms (or engaging in any other conduct that we may reasonably specify) constitutes your acceptance of the updated Terms.Therefore, you should review these Terms of Use. use and any updated Terms before you use the Service and the Website. The Updated Terms will be effective upon posting, or such later date as specified in the Updated Terms, and will apply to your use of the Service and the Website thereafter.These Terms of Use will govern any disputes that arise before the effective date of the updated Terms.

YOU HAVE FULLY READ AND AGREE TO THE ARBITRATION AND CLASS ACTION PROVISIONS CONTAINED IN THIS AGREEMENT, PLEASE NOTE THAT SUCH PROVISIONS MAY AFFECT YOUR LEGAL RIGHTS.

ANDl “Website“that serves (the”Service” O “Services“) to facilitate direct and indirect undertakings (“ventures“) by accredited entrepreneurs (“entrepreneur(is)“) in real estate developments on farmland in Roc (“entrepreneurial assets“). The website is owned and operated by the Corporation (“us“, “us“, O “our“). The Website includes all information, text, visual images, software, products and services used or available through the Website. The Website is intended to be used for lawful purposes only. These Terms of Use (the “Terms” or the “Agreement“) govern your use of the Website, the services offered through the Website, content submissions you make to the Website in any form (“Content“) and your use of Content submitted by other Users. The term of the Terms begins when the User (defined below) begins to interact with the Corporation’s website or use any of the Corporation’s services, whichever occurs first. , and will continue in force during the time that the User uses or accesses the website or any of the Corporation’s services.

Entrepreneurships in entrepreneurial assets will bea) direct undertakings in the Entrepreneurship Asset orb) will be facilitated through one or more special purpose entrepreneurship vehicles. All entrepreneurship opportunities presented on the website (“entrepreneurship opportunities“) will be offered through the Website. Users of our Website who meet certain suitability requirements (“entrepreneurs“) can register an account and participate in entrepreneur-only online discussions and meetups, and use group-startup and portfolio comparison tools. US-based entrepreneurs who want to start in the startup vehicles featured on our website must qualify as accredited entrepreneurs Non-US Entrepreneurs may be offered interest pursuant to Regulation S. Our Services may be characterized as “crowdfunding” or “crowdsourcing.” Our Privacy Policy governs our treatment of information you provide to us on the Website. Our Terms and Privacy Policy apply to any visitor to or user of our website, including such visitor’s or user’s entity representatives, agents, contractors, employees, members and affiliates (collectively “users” O “User“). Please read the Terms and Privacy Policy carefully. By visiting or using the website, you agree to be bound by these Terms. Please do not use our website if you do not agree with the Terms and Privacy Policy. During registration process to obtain a password, you will be asked to check a box to confirm that you have read these Terms and agree to be bound by them. From time to time, we may revise these Terms. Any revised Terms will be posted on the Website and will be effective immediately upon posting. By continuing to use the Website after revised Terms are posted, you agree to be bound by the revised Terms. If at any time you do not agree to the revised Terms, you must immediately stop using the Website.

You and any of your entity’s representatives, agents, contractors, employees, members and affiliates, as a User of the Website and/or as an Entrepreneur (as defined below), shall be referred to as a “User”.

registration process

Each Entrepreneur represents that said Entrepreneur is eligible to register to become an Entrepreneur on our website if they are a natural person over the age of 18. In the registration process, entrepreneurs will provide their contact information, financial information, and identity verification information and date of birth (“Registration Information“). An entrepreneur who wishes to undertake entrepreneurship opportunities (“entrepreneurship opportunities“) presented on the Website must qualify as an Accredited Entrepreneur. An Accredited Entrepreneur is an Entrepreneur who has indicated, and with respect to whom we may have made efforts to confirm, he or she has a net worth (individually or jointly) of at least less than $1,000,000 excluding the value of your primary residence or have an individual income of at least $200,000 or have a joint income of at least $300,000 for the past two years and reasonably expect to achieve the same income level this year Opportunities featured on our site web, you must be an accredited entrepreneur and provide the identity verification information and entrepreneur financial information described below or be a non-US person.

Identity verification information. Each entrepreneur must provide information designed to verify their identity. Such information may include (i) information of a successfully completed electronic check transaction, (ii) a credit report,(iii) tax documents or (iv) other similar information designed to authenticate and confirm your identity and status as an accredited entrepreneur or non-US alien. entrepreneur. Financial information of the entrepreneur. Every US entrepreneur must also provide W-9 information, specific qualification information, and payment information (collectively, “Financial information of the entrepreneur“).

Information from the W-9 form. For tax purposes, every US entrepreneur must provide a completed Internal Revenue Service Form W-9 that includes their Social Security Number (or Taxpayer Identification Number, where applicable).

Information on Specific Qualifications. Entrepreneurs must also provide other information sufficient to meet the regulatory “fitness” requirements to undertake an Entrepreneurship Opportunity featured on our website, in part through our Entrepreneur Qualification Questions. Depending on the nature of the offer, this information will include: (i)information about the net worth and income of an entrepreneur; (ii)information about your residence; and (iii)Other information we may request to determine if an Entrepreneur qualifies for a particular Entrepreneurship. Verification of the Accredited Entrepreneur Status. We are required to verify the Accredited Entrepreneur status of entrepreneurs who undertake Entrepreneurship Opportunities presented on our Website. In addition to the questionnaires that entrepreneurs must submit, you agree that we may collect additional information to fulfill our responsibility to verify your status as an accredited entrepreneur. The means we may use to verify your status as an accredited entrepreneur include, but are not limited to: publicly available information filed with a federal, state, or local regulatory agency, information from third parties, including W-2 forms, 1099 forms, Schedule K-1 of the 1065 form, 1040 forms filed, information disclosed in trade or industry publications, written confirmations from broker-dealers, licensed attorneys or CPAs, bank statements, brokerage statements, credit reports, certificates of deposit, tax assessments or appraisal reports issued by independent third parties. In the registration process, you will get a username and password. You are responsible for maintaining the security and confidentiality of your username and password. You are responsible for any charges, damages, or losses that you or we incur as a result of your failure to maintain the confidentiality of your username or password. If you suspect any unauthorized use of your username or password, you must notify us immediately.

Content

entrepreneurs

Entrepreneurs can submit content to the website and participate in exclusive entrepreneur discussions and online meetups and use group entrepreneurship and portfolio comparison tools. Content submitted by Entrepreneurs on the Website must be published under the Entrepreneur’s legal name. By submitting any content to the Website, Entrepreneurs grant the Corporation and all other Entrepreneurs a royalty-free, perpetual, irrevocable, non-exclusive, fully paid up, transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, communicate to the public, create derivative works from, perform and display such Content throughout the world or incorporate the Content into any other work in any form or medium without restriction or compensation and grant and authorize sublicenses thereof. Any content contributed to the website by an entrepreneur becomes public upon submission of the information. Content posted in public areas of the Website can be accessed by everyone on the Internet, including non-entrepreneurial users, and may appear in public search results. Entrepreneurs can control the visibility of the Content they post by managing their privacy settings. Entrepreneurs can also restrict the information available to others by removing information you don’t want visible or not providing to you at all. Our Privacy Policy does not protect the information that is disclosed on the website. The Corporation cannot guarantee that others who access the Content will not misuse the Content. The Corporation may not retain or return Content submitted by the Entrepreneur. The entrepreneur should therefore keep copies of any content that they submit. Entrepreneurs represent and warrant, and can demonstrate to the full satisfaction of the Corporation upon request, that the Entrepreneur(i) owns or controls all rights to all Content in your User Submissions, or that the Content is in the public domain,(ii) Entrepreneur has full authority to act on behalf of any and all owners of any right, title or interest in any Content to use such Content as contemplated in these Terms of Use and to grant the license rights set forth above, and(iii) Entrepreneur is authorized to grant all of the aforementioned rights in the Content to the Corporation.

The Entrepreneur understands that the Corporation shall have the right to delete, edit, modify, reformat, extract or translate any material, content or information sent by the Entrepreneur; and that all information privately posted or transmitted via the Website is the sole responsibility of the person from whom such Content originated and that the Corporation shall not be liable for any errors or omissions in any Content; and that the Corporation cannot guarantee the identity of any other user with whom the entrepreneur may interact while using the website.

The Corporation does not endorse or have control over any Entrepreneur Submissions. the Corporation cannot guarantee the authenticity of the data that users may provide about themselves. Entrepreneur acknowledges that all Content accessed by Entrepreneur using the Service is at Entrepreneur’s sole risk and Entrepreneur shall be solely responsible for any damage or loss to any party resulting therefrom.

Your right to use our website

Subject to compliance with these Terms and the obligations hereunder, Users have a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable and revocable license to access and use the publicly available areas of our website through a site generally available web. browser only for its intended purpose. Subject to your compliance with the Terms and your obligations hereunder, Entrepreneurs have a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, revocable license to access and use the password-protected areas of our Website through a license generally available. web browser only for its intended purpose. Subject to your compliance with these Terms and your obligation hereunder, Entrepreneurs have a worldwide, royalty-free, non-transferable license to reference or link to publicly available areas of our Website if such links are provided for the purpose of to further the purpose of our website. Entrepreneurs do not have the right to create links to Content submitted by other Entrepreneurs. Except as specifically permitted, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content or information contained on our website.

Use of the website

In connection with your use of our Website or the Service, you may provide content and interact with other entrepreneurs. As a condition of your use of our website or the Service, you agree that you will not:

  • Upload, post, transmit or otherwise make available Content that is unlawful, defamatory, intentionally false, abusive, obscene, unlawfully threatening, unlawfully harassing, discriminatory or otherwise objectionable;
  • Collect, use or transfer any personal, private or confidential information about another person obtained from our website, except as expressly permitted by the owner of the information;
  • Infringe the intellectual property, trade secret or proprietary rights of any third party.
  • Transmit Content that contains computer viruses, worms or any other computer code that interrupts, destroys or limits the functionality of the Website or obtains unauthorized information.
  • Engage in any action that directly or indirectly interferes with the proper working of or imposes an unreasonable or disproportionately large load on our infrastructure.
  • Use data mining, robots, or similar data gathering or extraction methods.
  • Use the Website for any illegal or inappropriate purpose.
  • Whether directly or indirectly, on your own behalf or in the Service or on behalf of others, solicit, steal, cold call or attempt to solicit, steal, cold call, divert, lure, induce or eliminate any person or entity that You are on or through this website or any customer of the Corporation for any purpose, including for the purpose of participating in competition with the Corporation.
  • Alter or modify another website to falsely state or imply that it is associated with the Corporation’s website.
  • Allow a third party to violate the Terms of Use.

In connection with the use of the Website and the Service, each Entrepreneur represents and warrants that he or she:

  • You have carefully reviewed and understand and agree to these Terms and the Privacy Policy and have full power and authority to be bound by the Terms and the Privacy Policy.
  • You have provided complete and accurate registration information and will update registration information to maintain its accuracy.
  • You have had the opportunity to seek legal and financial advice regarding participation in business-related services and the website.
  • Own all rights in the Content you submit sufficient to grant licenses and rights for its use as provided herein.

Website Intellectual Property

All design, text and graphics on our website, as well as the selection and arrangement thereof, are copyright 2018 Corporation, all rights reserved. the Corporation, www.the Corporation.com and the design elements of such work constitute our trademarks. Images and text on the Website and all page headers, graphics, HTML-based computer programs used to generate pages on the Website and icons are our trademarks, service marks and/or trade dress and may not be used without the prior written permission of the Corporation. All uses thereof are for our benefit. All other trademarks, product names, and company names or logos included on the website are the property of their respective owners. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any material, including code and software, from our website except as expressly provided herein. Any unauthorized or unapproved use constitutes copyright and/or trademark infringement.

You may not use the Website or any part of it to create or recreate a similar or competing service. Any use of the Content on this website not expressly permitted by these Terms or granted by our prior written permission is a breach of these Terms and is strictly prohibited.

For additional information, please see our Copyright and Digital Millennium Copyright Act Section provided in this document.

confidentiality

The Corporation’s intellectual property contains confidential and sensitive trade secrets of the Corporation. We do not permit you to disclose this information to anyone other than another Entrepreneur, and we do not permit you or other Entrepreneurs to use this information for purposes other than participating in our Services as provided herein.

  1. Confidential information. Confidential Information under these Terms consists of all non-public information whether oral or written (a)that is designated as “Confidential” or “Proprietary” by the Corporation at the time of disclosure or within a reasonable period thereafter;(b)that is only available to entrepreneurs, or(C)that you should reasonably understand is confidential (collectively, “Confidential Corporation Information“). Confidential information includes non-public information that the Corporation or its affiliates provide or make available to the Entrepreneurs in connection with the offering documents, together with any reports, analyses, compilations, forecasts, memoranda, notes, studies, and any other written or electronic materials prepared by the Corporation or its affiliates, or for entrepreneurs Confidential information includes, but is not limited to, information relating to the Corporation’s services, marketing or promotion of any services, business policies or practices, strategic plans, prices, lease rates, plans, renderings, pro-formas, loan agreements, purchase and sale agreements, leases, market comparables, tenant information, sales per square foot, vendor names, client lists, management and information systems received from others that the Corporation is required to treat as confidential.
  2. No disclosure. You shall keep the Confidential Information of the Corporation confidential and you shall not use such Confidential Information of the Corporation except as expressly permitted herein. You agree to use at least the same degree of care in safeguarding the Corporation’s confidential information that you use in safeguarding your own confidential information and trade secrets, but you must at least use reasonable care and diligence.
  3. Exceptions. Your obligation not to disclose Corporation Confidential Information under these Terms will not apply to Corporation Confidential Information that you can demonstrate: (i)is or becomes a matter of public knowledge through no fault of your own;(ii)was or becomes available to you on a non-confidential basis through a third party, provided that such third party is not bound by a confidentiality obligation to the Corporation with respect to such Corporation Confidential Information;(iii)was independently developed by you without reference to the confidential information of the Corporation; either(iv)Disclosure is required by law, provided you notify the Corporation promptly to give the Corporation an opportunity to seek a protective order or other relief with respect to such impending disclosure.
  4. Reserve of Rights. The Corporation’s IP is protected by US and international copyright and other intellectual property laws, and the Corporation retains all rights with respect to the Content, the Website and the Services, except those granted to it. expressly to you. You agree not to duplicate, publish, display, distribute, modify, create derivative works of, or otherwise exploit the Corporation’s intellectual property or any tangible embodiment of the Corporation’s intellectual property, except as expressly permitted herein.

This Privacy Section will survive the termination of this Agreement.

Supervision

We have no obligation to monitor the information that resides on or is transmitted through our website. However, you agree that we may monitor the content on our website(a)to comply with applicable laws, regulations or other government requests; (b)to operate our website properly or to protect us and/or users; and (C)for other purposes that we deem reasonably necessary or appropriate from time to time. We reserve the right to modify, reject or delete any information residing on or transmitted through our website that we deem unacceptable or in violation of these Terms.

Links to other sites

Our website may contain hyperlinks or other connections to websites operated by persons or entities other than us. We do not control those websites and are not responsible for them, their availability, content or any viruses that may be accessed through them. Our inclusion of hyperlinks or other connections to such websites does not imply any endorsement of the material on them or any association with their owners or operators. Your use of the Website to link to another site is at your own risk.

Standard Promotion Terms and Conditions

Introduction

The terms contained in this section of the Agreement (“Standard Promotion Terms”) apply to all of our promotional offers and rewards available through our website, an individual landing page, and/or other communication (each a “promotion”). These Standard Promotion Terms together with any applicable specific promotion terms, which may be set out on an individual web landing page for the relevant Promotion, our website and/or promotional communications (such as emails or letters) (“Promotion Specific Terms”) (The Standard Promotion Terms and the Specific Promotions Terms are collectively, the “Standards”), form a legal agreement between you and us.

By participating in any Promotion, you are deemed to have read, understood and accepted the Rules and this Agreement in their entirety prior to participating in any Promotion.

In the event of any conflict or inconsistency between the Standard Promotion Terms, the applicable Promotion-Specific Terms, and this Agreement, the Promotion-Specific Terms will control, followed by these Promotion-Specific Terms, but only to the extent necessary to resolve such conflict or inconsistency.

We reserve the right, at our sole discretion, to change the Standard Promotion Terms from time to time by posting the changed terms on our website. We recommend that you review the Standard Promotion Terms regularly. In addition, all Promotion-specific Terms are subject to change at our sole discretion without notice by posting the changed terms on the individual web home page relevant to the applicable Promotion, our website, and/or in Company communications. Promotion. By continuing to participate in the Promotion, you agree to any modified terms of the Rules.

Promotions and Promotion Periods

We may, from time to time, offer Promotions and these may take the form of a special offer, discount or other form of Promotion, or a combination of any of these. The specific form of the Promotion will be included in the Particular Conditions of the Promotion.

The period of time during which each Promotion will run (the “Promotion Period”) will be specified in the applicable Specific Promotion Terms. Each Promotion will automatically close at the end of the applicable Promotion Period, at which time it will no longer be possible to participate in that Promotion. Where no Promotion Period is specified, the applicable Promotion will end upon discontinuation on our website and/or on the individual web landing page for the applicable Promotion. We may modify or shorten the Promotion Period without notice.

Eligibility to participate in Promotions

To be eligible to participate in any Promotion, you must meet the eligibility requirements to become an entrepreneur set forth in this Agreement.

Unless otherwise stated in the Promotion Specific Terms, participation in each Promotion is open to all entrepreneurs. We reserve the right to restrict participation in certain Promotions to entrepreneurs who meet specific criteria.

Unless otherwise stated in the Specific Promotion Terms, the Promotion is directed at the recipient or category of recipients only and is not transferable. If you are not the intended recipient or do not fall within the intended category of recipients, then the Promotion is null and void as to you.

Participation in Promotions

Your participation in any Promotion is voluntary. To participate in a specific Promotion, you must follow the instructions set forth in the Specific Promotion Terms. Unless otherwise provided in the specific applicable Promotion Terms, participation in each Promotion may be used only once.

Certain Promotions may require you to explicitly agree to the Specific Promotion Terms by clicking the “I Agree” checkbox to enter prior to participating in such Promotion. If you choose to participate in any Promotion, you hereby consent to the sharing with us of certain personal information, including, but not limited to, your name, date of birth, and email address. Such information will be subject to our Privacy Policy. If you do not agree to the terms of our Privacy Policy, please do not participate in any Promotions or use our Services.

With respect to any submission you make in the course of your participation in any Promotion, you represent and warrant that all information and material provided is and will be true, correct and complete in all material respects and does not omit any material fact. If there is any change in the information or material submitted, you will immediately provide us with that information in writing.

Our liability and compensation

We are not responsible and assume no liability for anything that may happen in connection with or as a result of your participation in (or inability to participate in) any Promotion, including, without limitation, any use by you of (or inability to use) any Promotion. prize.

We are not responsible and assume no liability for any incorrect information submitted by you in connection with any Promotion or any failure by you to meet the specific criteria to qualify for a Promotion.

Except as expressly provided in the Rules, we do not make, give or accept any representations, warranties, conditions or other terms, and no other terms shall apply, between us and any person, in connection with any Promotion, and we exclude any and all representations, warranties , conditions or other terms not explicitly stated in the Rules to the fullest extent permitted by law.

If any Promotion is unable to run as planned and/or we are unable to meet our obligations under the Rules due to technical problems or circumstances beyond our control, we will not be responsible and incur no liability in connection therewith and our failure to failure to run the Promotion as planned and/or comply with our obligations under the Rules as a result thereof will not be considered a breach of the Rules or this Agreement.

You agree to release and hold us and our respective directors, officers, employees, agents and assigns harmless (the “released parts”) from and against any and all claims and liabilities and failures of any kind (whether caused by computer, technical or human error) that may limit your ability to participate in any Promotion, or the ability of a Released Party to run a Promotion as intended. You further agree to release and hold harmless the Released Parties from any and all liability, claim or action of any kind for any alleged losses suffered in connection with any Promotion, including without limitation:(i)receipt, ownership or use of any prize in the Promotion;(ii)unauthorized human intervention in any part of the Promotion submission process;(iii)electronic or human error in the administration of the Promotion;(iv)any typographical or other errors in the Rules or any other material disseminated by us; and(in)any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation, or failure in the communications line, regardless of cause, with any equipment, system, network, line, satellite, server, computer, or provider used by you or any Released Party.

Alteration and termination of Promotions

We reserve the right to modify, discontinue or cancel any Promotion, or any aspect thereof, at any time, with or without notice, for any reason.

We reserve the right to refuse or recover any Promotion rewards if we determine that the right to participate in a Promotion or the receipt of any related rewards was obtained under unlawful or fraudulent circumstances, that inaccurate or incomplete information was provided when participating in the Promotion, that any rule or regulation has been or will be violated, or that any term of the Agreement or the Rules has been violated.

General

You may not assign or transfer any or all of your rights or obligations under the Rules.

No third party shall have the right to enforce the Rules against us.

These Standard Promotion Terms do not constitute the distribution of information or the making of any offer or solicitation by any person in any jurisdiction where such distribution, offer or solicitation is unauthorized or to any person to whom it is unlawful to distribute such information. information or request. to make any offer or request.

Our failure to enforce a right under the Rules does not result in a waiver of that right.

If any part of the Rules is found to be unenforceable as a matter of law, all other parts of the Rules will not be affected and will remain in effect.

You and we agree that the laws of Delaware apply to the Rules and that any dispute between you and us arising out of or in connection with the Rules or any Promotion will only be heard in the courts of California.

If these Standard Promotion Terms or any applicable Specific Promotion Terms are translated into a language other than English, then the English version will control in the event of any inconsistency.

Standard Promotion Terms last updated on November 12, 2020.

limited express warranty; Disclaimer of Other Warranties

Subject to the limitation of liability set forth below, we warrant to Entrepreneurs that we will use commercially reasonable efforts to (a)transmit the offer documents and financial information of the entrepreneur in a good, professional and professional manner and (b)safeguard personally identifiable information as provided in the Privacy Policy.

EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NO VI. olation FROM THIRD PARTIES. RIGHTS, TITLE AND/OR WARRANTIES OF THE PARTIES ARISING OUT OF THE COURSE OF DEALING OR CUSTOM OF BUSINESS WITH RESPECT TO THE WEBSITE OR INFORMATION PROVIDED THEREIN. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE (1) ACCURACY, COMPLETENESS, TIMELINESS OR TIMELINESS OF OUR WEBSITE, (2) THE QUALITY AND SECURITY OF OUR WEBSITE, OR (3) THE IMPOSSIBILITY OF ACCESSING OUR WEBSITE OR ITS CONTENT, INCLUDING WHETHER OUR WEBSITE WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY OR ADVICE TO PROTECT YOURSELF AGAINST ANY CLAIMS, DAMAGE, LOSS OR RISK ARISING OUT OF THE USE OF OUR WEBSITE. WHEN USING OUR WEBSITE, INFORMATION WILL BE TRANSMITTED OVER THE INTERNET, A MEANS THAT IS OUTSIDE OF OUR CONTROL AND JURISDICTION. ACCORDINGLY, WE ASSUME NO LIABILITY FOR THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF OUR WEBSITE, AND YOU ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION NEEDED. YOU SHALL HAVE ABSOLUTELY NO REMEDY AGAINST US FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON OUR WEBSITE. ANY MATERIAL DESCRIBED OR USED ON OUR WEBSITE MAY BE SUBJECT TO THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US. WE MAKE NO WARRANTY AS TO THE ACCURACY, CONTENT, COMPLETENESS OR LEGALITY OF THE INFORMATION AVAILABLE ON THE WEBSITE OR IN THE OFFERING DOCUMENTS. WE HAVE NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF OUR WEBSITE, AND WE HAVE NO OBLIGATION TO MONITOR THE USE OF OUR WEBSITE BY OTHER USERS. THEREFORE, WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

This Exclusion of Warranties shall survive the termination of this Agreement.

Limitation of Liability and Remedies

YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES SUFFERED AS A RESULT OF ACCESSING, USING, PRINTING, COPYING OR DOWNLOADING ANYTHING FROM OUR WEBSITE. YOU FURTHER AGREE THAT WE WILL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING ON, USING OR PERFORMING OUR WEBSITE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR WEBSITE OR THE DELAY OR INABILITY TO USE IT (OR ANY WEBSITES), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH OUR WEBSITE, OR IN ANY OTHER WAY ARISING OUT OF THE USE OF OUR WEBSITE, OR OTHERWISE (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ), EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OF OR HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. OUR CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGE RESULTING FROM ANY CLAIM, DEMAND OR ACTION ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE (WHETHER IN TORT, CONTRACT, BREACH OF WARRANTY OR OTHERWISE) OR UNDER THESE TERMS OF USE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Any claim made by you in connection with your use of our website or its content must be brought within one (1) year after the cause of action arises. Otherwise, said cause of action will be time-barred. The Corporation shall be entitled, in addition to other remedies provided by applicable law, including consequential and liquidated damages, to apply to a court of competent jurisdiction for an immediate injunction to restrain or prohibit such breach and to specifically enforce the provisions of this agreement.

This Limitation of Liability provision shall survive the termination of this Agreement.

Compensation

You agree to defend, indemnify, and hold us, our officers, directors, employees, members, agents, and affiliates harmless from and against all claims, charges, investigations, actions or demands, liabilities, and settlements, including, without limitation, our losses, reasonable legal and accounting costs, damages, and fees resulting or alleged to result from: (a)your breach of these Terms; (b)any Content or other material you provide to our website, (C)your use of the content of our website, (d)your violation of any applicable law, regulation, rule or order related to your use of our website;(Is)your unauthorized or unlawful use of our website;(F)any activities you engage in on or through our website; either(grams)the unauthorized or illegal use of our website by any other person using your username and password.

This Indemnification provision shall survive termination of this Agreement.

Copyright and Digital Millennium Copyright Act

All Users must respect the copyright on the works that can be accessed through the Website. Federal copyright law prohibits the reproduction, distribution, public display, or public performance of copyrighted materials without the permission of the copyright owner, unless a fair use or other exemption under the law applies. copyright.

Website users found to be in repeated copyright infringement are subject to termination of access to their account and disciplinary action may be taken by the Corporation. The Corporation is committed to maintaining the integrity and availability of the website for the purposes for which it was designed and prohibits use of its website in violation of any law, including US Copyright Law. Distribution does not Use of copyrighted material violates Copyright Law and may expose you to civil and criminal liability. Penalties for copyright infringement include civil and criminal penalties. In general, any person responsible for civil copyright infringement may be ordered to pay actual or statutory damages set at not less than $750 and not more than $30,000 per infringed work. For willful infringement, a court may award up to $150,000 per work infringed. Intentional copyright infringement may also result in criminal penalties, including imprisonment for up to ten years and a fine of $250,000 for one person. A court may also assess costs and attorneys’ fees. For additional details, see Title 17, United States Code, Sections 504, 505. For more information, visit the US Copyright Office atwww.copyright.gov, including its frequently asked questions atwww.copyright.gov/help/faq.

If you are a copyright owner or an agent thereof and believe that any Content infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA“) by providing our copyright agent at our email address with the following information in writing (see 17 U.S.C 512(c)(3) for details):

  • A.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • B.Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • C.Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • D.Your address, telephone number and email address;
  • AND.A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • F.A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you do not comply with all of the requirements of this section, your DMCA notice may not be valid.

Termination

  • A.You may terminate your account with us for any reason or no reason, at any time, upon notice. Your notice of termination will become effective once we process the notice. We may terminate your account with us for any reason or no reason, at any time, with or without notice. A termination by us will be effective immediately or as specified in any notice from us. Termination of your account with us includes disabling your access to our website and may also prohibit you from any future use of our website.
  • B.We may immediately restrict, suspend or terminate your account if you abuse or misuse our website or engage in any behavior that we, in our sole discretion, deem to be contrary to the purpose of the website. If you violate any of the Terms, we may immediately terminate your limited license to use our website.
  • C.By terminating your account with us, you lose access to our website. In addition, we may block access to our website from an IP address or range of IP addresses associated with those of terminated Users.

Notifications and Communications

For purposes of communicating with you regarding the Website, the notification will consist of an email from us to an email address associated with your account. You also agree that we may contact you through other means, including email, cell phone, telephone, or delivery services, including the US Postal Service, about your registration on the Website or the services through the website. You agree that we will have no liability associated with or arising from your failure to maintain accurate contact information.

You can contact us by email at:

al email or by US mail or courier service to: address.

Reports and Complaints

If you believe that a User has acted inappropriately, such as in violation of these Terms, you may report your concerns through the links we have included on the Website or by contacting us through the means described above. If a User notifies us that he or she believes that certain Content on the Website violates these Terms, we may investigate the allegation and make a good faith determination, in our sole discretion, whether to remove or block access to such Content. , or take action with respect to the person or persons responsible for posting the Content. We have the right (but not the obligation), in our sole discretion, to remove, relocate, or block or restrict any Content, with or without notice, and without liability.

disputes

You are solely responsible for your interaction with other Users involving or arising out of your relationship with the Website. While we may monitor complaints involving you and other Users, we are under no obligation to become involved. If you become involved in such a dispute, and our provision of Services is an insubstantial factor (or no factor) in creating this dispute, then you release us from claims, demands, and damages (actual and consequential) of every kind and nature. . known and unknown, arising out of or in connection with such dispute.

Binding Arbitration Agreement. We do not anticipate having any disagreement with you, the user, regarding your use of this Site. But if any concerns arise about these matters, please notify us immediately. We will endeavor to resolve any disagreement fairly and amicably. If it is not possible to resolve disputes ourselves, each party hereby agrees that all disputes or claims between you and the Company of any nature, including, without limitation, those relating to the use of the Website or the quality or adequacy of the services offered by the Website will be resolved through binding arbitration. The Company chooses arbitration because it is generally less expensive and faster than litigation and will allow us to resolve our disputes privately.

You agree that by entering into this Agreement, you and the Corporation are waiving the right to a jury trial or to participate in a class action. This Agreement evidences a transaction in interstate commerce and, therefore, the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive the termination of this Agreement.

YOU AND THE CORPORATION JOINTLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY OR IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURSUED CLASS OR REPRESENTATIVE PROCEEDING.

In addition, unless you and the Company agree otherwise, the arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative or class proceeding. The arbitration will be conducted by the Arbitration and Judicial Mediation Services (“SWARMS“). The arbitrator shall decide all disputes in accordance with the rules of the chosen association and in accordance with Delaware law, and shall have the power and duty to decide all matters presented, including arbitration and legal questions raised for pleadings or motions for summary judgment.In the event any dispute or claim is determined not to be subject to arbitration by the arbitrator, all parties agree that their respective rights and obligations shall be governed by the laws of the State of Delaware , excluding its choice of law rules If any dispute or claim is found not to be subject to arbitration by the arbitrator, all parties agree that any and all legal action or proceeding shall be brought in state or federal court in California.

Users understand that they are free to consult with other attorneys about the wisdom of agreeing to arbitration or any other terms of this agreement before agreeing to it, and user agrees that by using this website, they are voluntarily accepting this agreement.

Other agreements

These Terms constitute the entire agreement between you and us with respect to the subject matter of these Terms and supersede all prior and contemporaneous agreements, proposals and communications between us, written or oral, or established by custom, practice, policy or precedent. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us or other Users as a result of these Terms or your use of our website. We may assign these Terms, in whole or in part, at our sole discretion. You may not assign your rights or obligations under these Terms without our prior express written permission. Any attempt by you to assign your rights or obligations under these Terms without our permission will be void. If any provision of these Terms is held invalid by any court having jurisdiction to make such a determination, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to act with respect to a breach of these Terms does not waive our right to act with respect to that breach or subsequent breaches. Except as expressly and specifically provided for in these Terms, no representation, statement, consent, waiver or other act or omission by us shall be deemed legally binding on us unless documented in writing and signed by one of our duly appointed officials. We are located in San Francisco, California in the United States of America. We make no representation that our website is appropriate or may be legally viewed in the nation, state, province, or other jurisdiction in which you reside, do business, or are incorporated or organized. Access to the Website is prohibited from jurisdictions where the Website or its content is illegal. You agree that these Terms, as well as any lawsuit, action or proceeding arising out of or related to any dispute with us, including, without limitation, any claim involving us or our affiliates, subsidiaries, employees, members, officers, directors and agents. , shall be governed by and construed in accordance with the laws of the State of Delaware in all matters, without regard to its conflict of law provisions and the United Nations Convention for the International Sale of Goods. Jurisdiction for any claim arising out of this agreement shall rest exclusively in the state or federal courts within California. For more information related to these Terms, or to report a problem related to the Website, please contactthe email

Last updated on August 4, 2020

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