TERMS AND CONDITIONS OF USE
GENERAL
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE (“TOU”) BEFORE USING TEQUITYCAP.COM (the “Site”). By continuing to access, link to, or use the Site, including any information, features, and functionality located on the Site, you signify your acceptance of the TOU. Techquity Capital Management, LLC, a Delaware limited liability company (collectively with its affiliates, “Techquity”), is the owner and operator of the Site, and reserves the right, in its sole discretion, to modify the TOU at any time, with or without notice to you. Any such modifications shall be effective immediately, so you should continue to review the TOU whenever you access the Site for use. Your use of the Site, or any product or service on the Site, after the posting of modifications to the TOU will constitute your acceptance of the TOU, as modified. If, at any time, you do not wish to accept the TOU, you should immediately discontinue any use of the Site. Any terms and conditions proposed by you which are in addition to or which conflict with the TOU are expressly rejected by Techquity and shall be of no force or effect.
Techquity and its licensors and suppliers of content, suppliers of equipment, agents, members, directors, officers, employees, representatives, successors, and assigns may, at their sole discretion, and at any time, discontinue this Site, in whole or in part, or may prevent or restrict your use of the Site or any product or service on the Site, in each case with or without notice to you. You agree that you do not have any rights in the Site and that Techquity will have no liability to you if the Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated.
Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Site, including but not limited to all content, is hereby expressly prohibited.
NO FINANCIAL OR INVESTMENT ADVICE
The Site provides general financial information and interactive features intended to inform and educate broad segments of the public and nothing on the Site should be considered investment advice. Techquity does not make any recommendation that any particular security, portfolio of securities, intellectual property, transaction or investment strategy is suitable or advisable for you or for any specific person, or that an investment in such securities will be profitable. Nothing on the Site should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by Techquity or any third party. ANY OFFER OR SOLICITATION BY TECHQUITY WILL BE MADE ONLY BY MEANS OF AN APPLICABLE CONFIDENTIAL OFFERING MEMORANDUM FOR SUCH INVESTMENT FUND OR OTHER APPLICABLE DOCUMENT, ONLY IN JURISDICTIONS IN WHICH SUCH AN OFFER WOULD BE LAWFUL AND ONLY TO INVESTORS WHO MEET THE INVESTOR SUITABILITY AND SOPHISTICATION REQUIREMENTS OF EACH SUCH INVESTMENT FUND AS DETERMINED FROM TIME TO TIME BY TECHQUITY IN ITS SOLE DISCRETION.
By your use of this Site, you agree and acknowledge that:
the Site is provided for information purposes only and is not to be treated as advice to make any specific investment or to pursue any particular investment strategy;
nothing in the Site is meant to be specific financial advice or a personalized recommendation to buy, sell or hold a security;
you may not rely on anything on this Site to make any financial or investment decisions and you should consult a professional advisors familiar with your specific financial situation before making any such decisions and Techquity shall not be, directly or indirectly, liable to you or any other person for any inaccuracies or errors in or omissions from the Site;
the Site may include certain information obtained from third party sources believed to be reliable, but Techquity does not guarantee the sequence, accuracy, completeness, or timeliness of any information contained on the Site;
Techquity does not warrant any results from your use or reliance on any information contained on, or functionality provided by, the Site;
all content on the Site is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons;
Techquity is not obligated to update any information or opinions contained in any of the information on the Site, including that which is subject to change based on varying intellectual property diligence, market conditions or economic circumstances;
none of the information contained on this site constitutes a solicitation, offer, opinion, or recommendation by Techquity to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment; and
the information provided on this site is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation.
TECHQUITY CONTENT
The Site includes original art work, graphics, photographs, images, screen shots, text, digitally downloadable files and other materials that are the exclusive property of Techquity or its content vendors (collectively, “Techquity Content”). You agree not redistribute or facilitate the redistribution of any Techquity Content, nor will you provide access to the Techquity Content to anyone who is not authorized by Techquity to receive such Techquity Content.
The Techquity Content is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Site is protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to:
protect the proprietary rights of Techquity in the Site during and after the term of this agreement;
comply with all reasonable written requests of Techquity to protect any contractual, statutory and common law rights in the Techquity Content;
not download, display, or use any Techquity Content located on the Site for use in any distribution, publications, or for any other purpose; and
not use Techquity Content in any manner that is likely to cause confusion among consumers, disparage or discredit Techquity and/or its licensors, or that dilutes or infringes the intellectual property rights of Techquity or its licensors.
If you are a trademark or copyright owner and you believe your trademark or copyright rights have been violated, please email us with a description of your concerns at info@techquitycap.com.
THIRD PARTY CONTENT
This Site may contain information that is provided by third parties. Such information is presented as a service to users, and Techquity makes no judgment or warranty with respect to accuracy, timeliness, completeness or suitability of such information. Third party content is presented for general informational purposes only and should not be considered an individualized recommendation or personalized investment advice. Past performance data should not be construed as indicative of future results.
[HYPERLINKS
This Site may contain hyperlinks to sites not maintained or related to Techquity. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with the Site or Techquity, and Techquity makes no representations or warranties about the content, completeness, or accuracy of those third party sites. You acknowledge that such third party sites are not under the control of Techquity and agree that Techquity shall not be responsible for any information or other hyperlinks found at any such third party sites. The fact that the Site contains a link to another site does not signify an endorsement of the site or its contents by Techquity. There are inherent risks in the use of any software or information found on the Internet and you acknowledge your understanding of these risks before making any use of any third party site. Information you submit at a third party Web site accessible from the Site is subject to the terms of that Web site’s privacy policy, and Techquity has no control over how your information is collected, used, or otherwise handled.]
USER ACCOUNT, PASSWORD, AND SECURITY
If you are under the age of 13, you are not permitted to register for an account on the Site or use interactive features of our Site. During registration you will receive a username and password. You are responsible for maintaining the confidentiality of your username and password and for limiting access to your account. You are solely responsible for any and all activities which occur under your user account. You agree to immediately notify Techquity of any unauthorized use of your account or any other breach of security known by you.
Techquity has no obligation to monitor the Site, except as may be required by applicable law or regulation. You acknowledge and agree, however, that Techquity does retain the right to monitor the Site and, subject to the limitations of the Site Privacy Policy, to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its users. Techquity reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of this TOU.
You are responsible for any fees or other charges incurred through your user account to access certain pay services of the Site if such services are made available.
If you believe that something on the Site violates these TOU, please email info@techquitycap.com
INTERNATIONAL MATTERS
The Site is solely directed to residents of the United States. Those who choose to access the Site from outside of the United States does so at their own risk and may be subject to securities and tax regulations within their applicable jurisdictions that are not addressed on this Site. You agree to comply with all local rules regarding online conduct, including all laws, rules, codes and regulations of the country in which you reside and the country from which you access the Site. In addition, you agree to comply with all applicable laws, rules, codes and regulations regarding the transmission of technical data exported from the United States.
REPRESENTATIONS AND LIMITATIONS OF LIABILITY
Techquity makes no representations about the suitability, reliability, completeness, availability, timeliness or accuracy of the features of this Site, the Content, User Content, or any other Site feature. Techquity cannot assume or be responsible for any financial results based on the use of such information. Techquity disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk.
THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL TECHQUITY BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF TECHQUITY HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION; USE OF OR INABILITY TO USE THE SITE OR ANY LINKS OR INFORMATION ON THE SITE OR ANY PROVISION OF THE TOU, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL TECHQUITY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
REMEDIES FOR BREACH
If Techquity determines, in its sole discretion, that you have breached any portion of these TOU, or have otherwise demonstrated conduct inappropriate for the Site, Techquity reserves the right to (i) delete any or all content provided by you or your agent(s) to the Site; (ii) discontinue your registration(s) with the Site; (iii) discontinue your subscription to any product, content, tool or service accessed by you through the Site; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which Techquity deems to be appropriate.
If your registration(s) with or ability to access the Site and/or any other product, content, tool or service provided to you by Techquity is discontinued by Techquity due to your violation of any portion of the TOU or for conduct otherwise inappropriate, in Techquity’s sole discretion, for the Site, then you agree that you shall not attempt to re-register with or access the Site and/or any other product, content, tool or service provided by Techquity, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to the products, contents, tools or services provided by Techquity to which your access has been terminated. In the event that you violate the immediately preceding sentence, Techquity reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in this section without any notice or warning to you. The remedies contained in the TOU are not the exclusive remedies for your breach, but will be in addition to all other remedies available to Techquity at law or in equity.
GOVERNING LAW
The TOU and the relationship between you and Techquity shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Delaware with respect to any legal proceedings that may arise in connection, interpretation or breach of the TOU.
WAIVER
The failure of Techquity to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.
SEVERABILITY
If any provision of this TOU is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then such court shall endeavor to give effect to the intentions reflected in the provision and the provision shall be deemed severable from these TOU and shall not affect the validity and enforceability of any remaining provisions.
LIMITATIONS ON CLAIM
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
ENTIRE AGREEMENT
The TOU and any other terms and conditions of service on this Site, and its successor, constitute the entire agreement between you and Techquity and governs your use of the Site.