Terms of Use
Agreement
MicroVestFund.com is
owned and operated by MicroVest Capital Management, LLC (“MicroVest”). By using any services offered on MicroVestFund.com
(the “Services”) or accessing MicroVestFund.com, you agree to be bound
by these Terms of Use.
To the extent applicable, these Terms of Use
apply to all users of MicroVestFund.com (collectively, “Users”). MicroVest reserves the right, at its sole
discretion, to change, modify, add or remove portions of these Terms of Use, at
any time. It is your responsibility to
check these Terms of Use periodically for changes. Your continued use of MicroVestFund.com
following the posting of changes will mean that you accept and agree to the
changes. As long as you comply with
these Terms of Use, MicroVest grants Users a personal, non-exclusive,
non-transferable, limited privilege to enter and use MicroVestFund.com.
Additional terms and conditions may apply to
specific portions or features of MicroVestFund.com, all of which terms are made
a part of these Terms of Use by this reference.
You agree to abide by such other terms and conditions, including where
applicable representing that you are of sufficient legal age to use or
participate in such feature. If there is
a conflict between these Terms of Use and the terms posted for or applicable to
a specific portion of MicroVestFund.com or for any service offered on or
through MicroVestFund.com, the latter terms shall control with respect to your
use of that portion of MicroVestFund.com or the specific features.
1.
No Securities Offered for
2.
No Guaranty.
All information presented on MicroVestFund.com
is based on information believed to be reliable by MicroVest. The information is not guaranteed to be accurate,
and should not be considered to be all-inclusive. Each User uses and applies the information
provided on the Service at his, her, or its risk. Actual results could differ materially from
those described in any forward-looking statements or announcements discussed
herein.
3.
Third
Party Information. This site includes general information, commentary, articles
and other data concerning the microfinance industry and other topics. Some of that content is supplied by persons
that are not affiliated with MicroVest (“Third Party Content”). Third Party Content includes articles provided
by persons not affiliated with MicroVest. Other Third Party Content is available through
hyperlinks to third party websites. MicroVest
expressly disclaims any responsibility for the content of these other websites,
the accuracy of the information on these websites or the quality of products or
services provided by the organizations that maintain them. The existence of
such links should not be construed as a recommendation, endorsement, approval
or verification by MicroVest of any content available on third-party
sites. MicroVest does not prepare, edit,
or endorse Third Party Content and is not responsible or liable for Third Party
Content.
4.
Forward-Looking Statements. Certain material on MicroVest.com may contain “forward-looking
statements” within the meaning of Section 27A of the Securities Act of 1933, as
amended, and Section 21E the Securities Exchange Act of 1934, as amended and
such forward-looking statements are made pursuant to the safe harbor provisions
of the Private Securities Litigation Reform Act of 1995. “Forward-looking statements” describe future
expectations, plans, results, or strategies and are generally preceded by words
such as: may, future, plan or planned, will or should, expected, anticipates,
draft, eventually or projected. You are
cautioned that such statements are subject to a multitude of risks and
uncertainties that could cause future circumstances, events, or results to
differ materially from those projected in the forward-looking statements,
including the risks that actual results may differ materially from those
projected in the forward-looking statements as a result of various factors, and
other risks identified in a companies` annual report and other filings made by
such company with the Securities and Exchange Commission or other reporting
entity. You should consider these
factors in evaluating the forward-looking statements included herein, and not
place undue reliance on such statements. The forward-looking statements in this release
are made as of the date hereof and MicroVest undertakes no obligation to update
such statements.
You agree not to use or launch any automated system, including without
limitation, “robots,” “spiders,” “offline readers,” etc., that accesses
MicroVestFund.com in a manner that sends more request messages to the
MicroVestFund.com servers in a given period of time quicker than a human could
reasonably produce in the same period by using a convention on-line web
browser. You agree to use
MicroVestFund.com and/or the Services only in a manner consistent with any and
all applicable laws and regulations, and these Terms of Use.
You agree that you will not post any telephone numbers, street addresses,
last names, URLs or email addresses, unless otherwise expressly permitted by MicroVest. You agree not to advertise, or solicit, any
User to buy or sell any products or services and not to transmit any chain
letters or junk email to other Users. You
agree to not, or permit others to, cover or obscure any banner or other
advertisements on any MicroVestFund.com page.
5. DMCA. If
you believe that any User Content infringes upon your copyrights, you may
submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”)
by providing the Copyright Agent (as defined below) with the following
information in writing (see 17 U.S.C 512(c)(3) for further detail):
5.1. a physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
5.2. identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
5.3. 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 the service
provider to locate the material;
5.4. information reasonably sufficient to permit the service provider to contact
you, such as an address, telephone number, and, if available, an electronic
mail;
5.5. 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
5.6. 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.
5.7. MicroVest’s designated “Copyright Agent” to receive notifications of
claimed infringement is: MicroVest Capital Management, LLC, Attn: Lauren Clark,
6.
User Disputes. You are solely responsible for your
interactions with other Users. MicroVest
reserves the right, but has no obligation, to monitor disputes between you and
other Users.
7. Eligibility. Using the Services is void where
prohibited. You represent and warrant
that you are at least 18 years of age.
8. Non Commercial Use by Users. The Services are for your personal
use and may not be used in connection with any commercial endeavors except
those that are specifically endorsed or approved in writing by the management
of MicroVest. Illegal and/or
unauthorized use of the Services, including collecting usernames and/or email
addresses of Users by electronic or other means or unauthorized framing of or
linking to the Services are prohibited.
Commercial advertisements, affiliate links, and other forms of
solicitation may be removed without notice.
9. Disclaimers. MicroVest is not responsible for any
incorrect or inaccurate User Content posted on MicroVestFund.com or in
connection with any of the Services provided, whether caused by Users or by any
of the equipment or programming associated with or utilized in any of the
Services. MicroVest is not responsible
for the conduct, whether online or offline, of any User. MicroVest assumes no responsibility for any
error, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized
access to, or alteration of, any User. MicroVest
is not responsible for any problems or technical malfunction of any telephone
network or lines, computer online systems, servers or providers, computer
equipment, software, failure of any email or players due to technical problems
or traffic congestion on the Internet or at any of the Services or combination
thereof, including any injury or damage to users and/or Users or to any
person’s computer related to or resulting from participation or downloading
materials in connection with MicroVestFund.com and/or in connection with the
Services. Under no circumstances shall MicroVest
be responsible for any loss or damage, including personal injury or death,
resulting from use of MicroVestFund.com or the Services or from any User
Content posted on MicroVestFund.com or transmitted to Users, or any
interactions between Users, whether online or offline. MICROVESTFUND.COM AND
THE SERVICES ARE PROVIDED “AS-IS,” WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED,
AND MICROVEST EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF FITNESS FOR A
PARTICULAR PURPOSE OR MERCHANTABILITY. MICROVEST
DOES NOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF MICROVESTFUND.COM,
AND/OR THE SERVICES.
10. Limitation on Liability. IN NO EVENT SHALL MICROVEST, ITS AFFILIATES,
ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY
CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR UNDER LEGAL OR EQUITABLE THEORY
FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF MICROVESTFUND.COM
AND ANY OF THE SERVICES, EVEN IF MICROVEST HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, MICROVEST’S LIABILITY FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00).
11.
12. Governing Law. This Agreement will be governed by and construed in
accordance with the laws of the state of
13. Indemnity. You agree to
indemnify and hold MicroVest, its subsidiaries, members, managers, affiliates,
officers, agents, lawyers, accountants, licensors, and other partners and
employees, harmless from any loss, liability, claim, or demand, including
reasonable attorneys’ fees, made by any third party due to or arising out of
your use of MicroVestFund.com or any of the Services in violation of these
Terms of use; arising from your breach
of these Terms of Use; arising from your violation of applicable law or court
order; and/or arising from your negligence.
14. Void Where Prohibited. MicroVest administers and operates MicroVestFund.com
from its location in
15. Other. Except for any additional agreement(s)
between you and MicroVest, these Terms of Use constitutes the entire agreement
between you and MicroVest regarding the use of MicroVestFund.com and/or any of
the Services. The failure of MicroVest
to exercise or enforce any right or provision of these Terms of Use shall not
operate as a waiver of such right or provision.
All rights not expressly granted to you in these
Terms of Use are reserved to MicroVest and/or its licensors. This Agreement is not assignable or
transferable or sublicensable by you except with MicroVest’s prior written
consent. MicroVest may transfer, assign
or delegate these Terms of Use and its rights and obligations without consent.
The section titles in these Terms of Use are for convenience only and have no
legal or contractual effect. Please
contact us with any questions regarding these Terms of Use. “MICROVEST” and other marks indicated on MicroVestFund.com
are trademarks of MicroVest Capital General Partner, LLC.
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