These General Terms and Conditions of Use (“Terms”) are entered into by and between you and Pacific Growth Capital (“Company,” “we,” “us,” or “our”). This Agreement governs the relationship between us and you, our site visitor (“you” or “your”), with respect to your use of the Internet site located at www.pacificgrowthcap.com (together, the “Site”) and your purchase of any of our Services from the Site (“Services”). By visiting or using the Site, including without limitation to (i) accessing, using and/or downloading Information, (ii) sending messages, information, data, text, software or images, or other Information to the Site, or (iii) otherwise using, accessing or purchasing any Services, you agree to accept and abide by this Agreement. In consideration of your use of and access to the Site (and the promises and obligations herein, and intending to be legally bound), you and us hereby agree as follows: Your access to and use of the Site is subject to these Terms, as well as any modifications issued by us to these Terms, and all applicable laws and regulations. BY USING THE SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the Site. The information available on or through use of the Site, including but not limited to data, text, articles, content, software, images, graphics, photographs, audio and video clips, links and references and other materials (collectively, the “Information”) is provided for informational purposes only.
The contents of this Site do not constitute financial, legal, or tax advice. Investors and companies seeking funding are solely responsible for conducting any legal, accounting or due diligence review. You should obtain tax advice from your advisers regarding your financial transactions.
CHANGES IN TERMS.
We shall have the right at any time and without prior notice, at our sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to, posting the revised or additional terms and conditions on the Site. You are responsible for reviewing the Terms periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by us to these Terms. ANY ACCESS OR USE OF THE SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than by us shall be valid or enforceable against us unless expressly agreed to by us in a writing signed by a duly authorized officer of Pacific Growth Capital.
These Terms are effective until terminated by Company. We may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Site and the restrictions imposed on you with respect to the Content, the Materials, the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. We shall also have the right without notice and at any time to terminate the Site or any portion thereof or to terminate any individual’s right to access or use the Site or any portion thereof.
COMPLIANCE WITH LAWS.
You agree to comply with all applicable local, state, national and international laws, statutes, ordinances and regulations regarding your use of the Site.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the Site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content.” The Content may contain errors, omissions, or typographical errors or may be out of date. The Company may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Company in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyright, trademark, common law and other proprietary rights that are owned by Company or by third parties that are conducting business on the Site. You may view and use the Content only for your personal information and for no other purpose. You must retain all trademark, copyright and other proprietary notices on downloaded or printed Information, and any such downloads or copies are subject to the Terms of this Agreement and shall remain the property of Company and/or its licensors and/or suppliers. Except as provided in the foregoing, Company does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by Company, is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or any Services or Information. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Company’s and/or its licensors’, suppliers’ or third party owners of trademarks or copyrights without the express written permission of Company, our licensors or suppliers, or the third party owner of any such trademark and/or copyright. Use of content is strictly prohibited unless authorized in writing by Company and requests for permission should be directed to firstname.lastname@example.org.
CREATING AN ACCOUNT.
6.2 Under some circumstances, as part of the process of creating an account, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is disrespectful, vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your password and for all activities that are conducted through your account. You agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must immediately notify us by emailing us at email@example.com.
THIRD PARTY LINKS.
RULES OF CONDUCT.
We expect users of the website to respect the law as well as the rights and dignity of others. While using the Site and Services, you agree to comply with all applicable laws, rules and regulations. In addition, your use of the website and any service is conditioned on your compliance with the rules of conduct set forth, and failure to comply with these rules of conduct may result in termination of your access to the Site.
You agree not to:
8.1 Engage in spamming or phishing attacks;
8.2 Transmit (a) any content or information that is unlawful, fraudulent, deceptive, threatening, abusive, vulgar, derogatory, sexist, racist, hateful, harassing, libelous, defamatory, obscene, indecent, pornographic, sexually explicit, blasphemous, harmful, invasive of the privacy rights of others, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication;
8.3 Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
8.4 Express or imply that any statements you make are endorsed by us, without our prior written consent;
8.5 Upload any Materials that contains any virus, worm or other files, scripts or programs designed to damage or allow unauthorized access to the Services or the Site;
8.6 Remove any copyright, trademark or other proprietary rights notices contained in or on the Information, the Site or Services;
8.7 Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Information;
8.8 Use the Site, Information or Services in any manner that is unlawful, including accessing the Site, Services and/or Information from any location where such access may be illegal or otherwise prohibited;
8.9 “Frame” or “mirror” any part of the Site without our prior written authorization;
8.10 Use any spider, site search/retrieval application, robot or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or their contents;
8.11 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials; and/or
8.12 Harvest or collect information about the Site’s visitors or members without their express consent.
COPYRIGHT INFRINGEMENT CLAIMS.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), Pacific Growth Capital has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Site (the “Designated Agent”). All such notifications relating to the Site must be submitted in a manner consistent with in writing as follows:
(1) Your physical or electronic signature;
(2) Identification of the copyrighted work or works claimed to have been infringed;
(3) Identification of the material that is claimed to be infringing that copyrighted work, and URLs or similar information sufficient to permit us to locate that material on our Site and Services;
(4) Information to permit X agent to contact you: your address, telephone number and email address;
(5) 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
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner of the copyright that is allegedly infringed.
LIMITATION ON USE OF THE SITE.
10.1 We have no obligation to monitor the Site or any postings or other materials (such as blogs) that you or other third parties transmit or post on the Site (the “Materials”). You acknowledge and agree that we have the right (but not the obligation) to monitor the Site and the Materials you transmit or post; to alter or remove any such Materials; to disclose such Materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests. The information and opinions posted in the Materials on the Site are not necessarily those of the Company or its affiliates, and the Company makes no representations or warranties regarding such posted Materials. We neither endorse nor are responsible for messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or forums by third parties, whether such third parties are visitors to the Site, members of the Site or others. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, Materials or for any results obtained from the use of such information. Under no circumstances will we or our suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained from the Materials through the Site.
10.2 You represent and warrant to Company that (a) the Materials do not and will not infringe any rights of any third party(ies), and that the Materials do not and will not libel, defame, or invade the rights (including, without limitation, the right of privacy or publicity) of any third party(ies); (b) all obligations relating to the Materials have been satisfied, including, without limitation, those with and relating to artists and personnel, licenses, and laboratory and other contracts; (c) you have the right to enter into these Terms and to grant the rights granted or agreed to be granted hereunder; and (d) you have made all necessary payments (and no additional payments are required to be made) to any and all guilds, unions, performing rights societies, bodies and/or groups representing actors, writers, directors, composers, musicians, artists, and other persons who participated in the production of the Materials.
10.3 By posting or submitting content on or to our Site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving Company, and its affiliates, agents and third party contractors the right to display or publish such content on our Site, to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by our Site, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, as we may determine and at our sole discretion in any medium now known or hereafter developed, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
10.4 You grant a non-exclusive license to Company with regard to the Materials he/she has submitted for the term of his/her copyright, and that the Materials be used by Company as it may determine and at its sole discretion in any medium now known or hereafter developed. We reserve the royalty-free right to sub-license, reproduce, disclose, transmit, publish, broadcast and distribute electronically any such Material for purposes including but not limited to education, publicity and promotion.
11.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW: (A) THE SITE (INCLUDING ALL INFORMATION) AND THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED; AND (B) THE COMPANY AND ITS AFFILIATES, AGENTS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “PET DOMAIN’S REPRESENTATIVES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND THE SITE IS CURRENT AND/OR UP-TO-DATE. PACIFIC GROWTH CAPITAL AND COMPANY REPRESENTATIVES DO NOT WARRANT THAT THE INFORMATION, THE SITE OR SERVICES, NOR YOUR USE OF THE FOREGOING, WILL BE COMPLETE, ACCURATE, CURRENT, RELIABLE, UNINTERRUPTED, ERROR-FREE OR SECURE, NOR THAT DEFECTS WILL BE CORRECTED, NOR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND/OR SERVICES AND/OR INFORMATION AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF THE COMPANY OR ANY COMPANY REPRESENTATIVES, WHETHER MADE ON OR IN CONNECTION WITH THE SITE OR SERVICES OR INFORMATION SHALL CREATE ANY WARRANTY.
11.2 Some states and provinces do not allow the disclaimer of implied warranties of merchantability and fitness for a particular purpose, so the above disclaimers or exclusions may not apply to you. In the event that applicable law imposes implied warranties on the Services or Information notwithstanding the foregoing, such implied warranties shall not have a duration greater than one year from the relevant purchase or access date; shall terminate automatically at the end of such period; and shall be disclaimed and excluded to the fullest extent permitted by law. You may also have other rights under applicable law, which vary from state to state.
The Services are controlled and operated from its facilities in the United States. The Company makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. 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.
11.3 THE COMPANY AND THE COMPANY’S REPRESENTATIVES ARE UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE SITE, SERVICES AND/OR INFORMATION. THE COMPANY AND ITS REPRESENTATIVES DO NOT CONTROL THE MATERIALS POSTED OR SUBMITTED TO THE SITE AND/OR THE SERVICES BY PERSONS OTHER THAN THEMSELVES AND DO NOT MONITOR, SCREEN, POLICE OR EDIT THOSE MATERIALS FOR COMPLIANCE WITH APPLICABLE LAWS OR THESE TERMS AND CONDITIONS. YOU MAY FIND SOME OF THE MATERIALS POSTED BY OTHER USERS TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THE SITE.
11.4 THROUGH YOUR USE OF THE SITE, SERVICES AND/OR INFORMATION, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH THIRD PARTIES. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. THE COMPANY AND ITS REPRESENTATIVES ARE NOT PARTIES TO ANY SUCH TRANSACTIONS AND DISCLAIM ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
LIMITATION OF LIABILITY
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER THE COMPANY NOR ANY OF THE COMPANY’S REPRESENTATIVES, NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE, INFORMATION, SERVICES AND/OR ANY LINKED SITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE SITE, THE INFORMATION, SERVICES, OR ANY LINKED SITE IS TO STOP USING THE SITE, SERVICE, OR LINKED SITE, AS APPLICABLE. THE COMPANY’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE, INFORMATION AND/OR SERVICES, SHALL BE THE TOTAL AMOUNT PAID BY YOU FOR USE OF THE SITE, INFORMATION AND/OR SERVICES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to fully indemnify, defend and hold the Company and its Representatives, and their directors, officers, employees, consultants and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms, (b) any allegation that any Materials you transmit to the Site infringe or otherwise violate the copyright, patent, trademark, trade secret or other intellectual property or other rights of any third party, and/or (c) your activities in connection with the Site.
ABILITY TO CONTRACT.
You affirm that you are at least 21 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify Company for violations of these Terms.
Should you have any questions, comments or complaints regarding these Terms or the Site, please contact Pacific Growth Capital at firstname.lastname@example.org.