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 Sale.  Nothing on MicroVestFund.com shall be deemed to be an offer or solicitation for the sale of securities.  MicroVest is not a licensed broker, broker-dealer, market maker, investment banker, investment advisor, analyst or underwriter. MicroVestFund.com is an Internet-based information service and is not intended to provide tax, legal or investment advice.  Users should acknowledge that past performance is no guarantee of future results and any projections or forecasts displayed on MicroVestFund.com are speculative. 

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, 7508 Wisconsin Avenue Bethesda, Maryland  20814.  For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the MicroVestFund.com customer service through the “Contact Us” link.  You acknowledge that if you fail to comply with all of the requirements of this Section 5, your DMCA notice may not be valid.

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.   U.S. Export Controls.  Software from MicroVestFund.com (the “Software”) may be subject to United States export controls.  No Software may be downloaded from MicroVestFund.com or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.  By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

12.   Governing Law. This Agreement will be governed by and construed in accordance with the laws of the state of Maryland without regard to conflict of laws provisions, the actual state or county of execution or loss or any different state laws that may govern these Terms of Use.  THE MARYLAND COURTS (STATE AND FEDERAL), SHALL HAVE SOLE JURISDICTION OF ANY AND ALL CONTROVERSIES ARISING OUT OF OR RELATED TO THIS AGREEMENT; ANY ACTION OR OTHER PROCEEDING WHICH INVOLVES SUCH A CONTROVERSY SHALL BE BROUGHT SOLELY IN COURTS IN BETHESDA, MARYLAND AND NOT ELSEWHERE.  THE PARTIES WAIVE ANY AND ALL OBJECTIONS TO VENUE IN THOSE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.  Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.  No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.  In the event of any controversy or dispute between MicroVest and you arising out of or in connection with your use of MicroVestFund.com, the parties shall attempt, promptly and in good faith, to resolve any such dispute.

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 Bethesda, Maryland; other MicroVest sites may be administered and operated from various locations outside the United States. Although MicroVestFund.com is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on MicroVestFund.com are available to all persons or in all geographic locations, or appropriate or available for use outside the United States.  MicroVest reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area.  Any offer for any feature, product or service made on MicroVest is void where prohibited.  If you choose to access MicroVestFund.com from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.  

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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