1. Use of the Site.
In order to use our Site, you must have access to the Internet, pay any service fees associated with such access and provide all equipment required to make such connection to the Internet. Use of and access to certain areas and functions of the Site may be subject to additional restrictions. The Site is not intended for children and we do not knowingly collect, store or solicit personally identifiable information from Site users who are under 16 years of age.
You shall abide by all applicable local, state, national and international laws and when using the Site. You represent, warrant, and agree that you shall not use the Site or interact with the Site in a manner that:
(i) attempts, in any manner, to access data not intended for users of the Site or attempts to gain unauthorized access to an account, server or any other computer system;
(ii) violates the security of any computer network, or cracks any passwords or security encryption code;
(iii) decompiles, reverse engineers or otherwise attempts to obtain the source code or underlying ideas or information in VCapital’s systems or network;
(iv) attempts to interfere with the function of the Site, host or network; or
(v) “crawls,” “scrapes,” or “spiders” any page, data, or portion of the Site (through use of manual or automated means).
2. Intellectual Property Rights.
Subject certain limitations as described in these Terms, you are granted the right to access the Site, including all of its contents, such as, for example, the text, graphics, photos, articles, images, illustrations, audio and code embodied within Site pages (“Content”). Content is the property of VCapital (or that of our suppliers or licensors) and is protected under trademark, copyright, and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Site, and you may not download, print, use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, prepare derivative works from, commercialize or otherwise exploit for any purpose any Content from this Site, in whole or in part, for any public or commercial purpose without prior written consent from VCapital.
Subject to these Terms, VCapital grants you a limited, personal, non-exclusive, non-sublicensable, non-transferable license to access the Site, and to use (i.e., to download and display locally) the Content, solely for purposes of using the Site. VCapital (on behalf of itself and its suppliers and licensors) reserves all rights not expressly granted herein.
VCapital is the owner and/or authorized user of any trademark, registered trademark, logo, and/or service mark appearing on the Site (the “Marks”). Nothing on the Site should be construed to grant any license or right to use any VCapital Mark. You may not use or exploit any Marks without prior written consent from VCapital.
3. Warranty Disclaimer.
YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND FUNCTIONALITY THEREOF, IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE). SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
4. Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL VCAPITAL, ITS AFFILIATES (INCLUDING AFFILIATED INVESTMENT FUNDS) OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS (THE “VCAPITAL PARTIES”), BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, EVEN IF ANY VCAPITAL PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CERTAIN OTHER DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TOTAL LIABILITY OF ANY VCAPITAL PARTY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM OR RELATED TO THE TERMS, THE CONTENT, AND/OR YOUR USE OF THE SITE, EXCEED, IN THE AGGREGATE, $[100.00]. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
These Terms are governed by the laws of the State of Illinois, without regard to the conflicts of laws provisions thereof. In the event of any dispute arising in connection with these Terms, you hereby consent to exclusive jurisdiction and venue in the state and federal courts of Chicago, Illinois. If any provision of these Terms is found by a court of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. The failure of either you or VCapital to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. You may not assign, delegate, or transfer these Terms or any of your rights or obligations hereunder without VCapital’s express written consent. You may transfer, assign, or delegate these Terms and VCapital’s rights and obligations without consent. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of VCapital, and you do not have any authority of any kind to bind VCapital in any respect whatsoever. These Terms inure to the benefit of VCapital’s successors, assigns and licensees. These Terms are the entire agreement between you and VCapital with respect to the subject matter herein.
6. Changes or Modifications.
VCapital reserves the right to change the Site and/or these Terms at any time at our sole discretion without notice or liability to you. If VCapital makes material changes to these Terms, we will place a notice on our site located at VCapital.com/legal and/or provide notice by some other means. If you use the Site in any way after a change to the Terms is effective, that means you agree to all of the changes.
Effective November 17, 2020