The following Terms of Service (“ToS”) govern your use of the Capital Raising & Deal Origination Network (capitalorigination.net). You should regularly review the ToS, as they are subject to change.
1. General Terms and Conditions.
All use of the Capital Raising & Deal Origination Network is subject to the ToS. By accessing and using the Capital Raising & Deal Origination Network or any service of the Capital Raising & Deal Origination Network, you acknowledge, accept, and agree to all the terms, conditions, and privacy policies described or incorporated by reference below. The ToS represents a binding contract between you and Capital Raising & Deal Origination Network, including any other agreements that govern your use of products, services, content, tools, and information available on the Capital Raising & Deal Origination Network. If you do not agree with anything contained in the ToS, please do not submit information to, access information from, or otherwise utilize the Capital Raising & Deal Origination Network. Capital Raising & Deal Origination Network reserves the right to change the ToS at any time without notice to you. Use of the Capital Raising & Deal Origination Network following the posting of any changes to the ToS shall be deemed to be acceptance thereof by you. In the ToS, we may refer to a customer/reader as “you”. You agree to keep business information and trade secrets of the Capital Raising & Deal Origination Network, including, but not limited to the terms and pricing set forth herein, and any user account information confidential until such information becomes known to the public generally and except to the extent that disclosure may be required by law, regulation or legal process.
2. Privacy.
Your privacy is very important to us. Capital Raising & Deal Origination Network Privacy Policy explains how we treat your personal information and protect your privacy when you are using our Capital Raising & Deal Origination Network. By using our Capital Raising & Deal Origination Network, you agree that Capital Raising & Deal Origination Network may use your information as set forth in the Privacy Policy. We designed our Privacy Policy to make important disclosures about how you can use Capital Raising & Deal Origination Network to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions.
3. Use of the Capital Raising & Deal Origination Network; Limitations; Acceptable Use.
The Capital Raising & Deal Origination Network is designed for deal professionals to connect with each other for the purposes of general networking, business development, seeking and managing investment or acquisition opportunities, and identifying investors and providers of capital. Capital Raising & Deal Origination Network is not involved in the actual transaction between buyers and sellers, and does not render investment or legal advice in connection therewith. None of the information submitted on the Capital Raising & Deal Origination Network constitutes a solicitation, offer, opinion, or recommendation by Capital Raising & Deal Origination Network to buy or sell any securities or other financial instruments or to provide legal, tax, accounting, or investment advice or services regarding the suitability or profitability of any security of any kind, investment or transaction. Capital Raising & Deal Origination Network has not made any recommendations regarding the merit of any company identified on the Capital Raising & Deal Origination Network, made any recommendation regarding the purchase or sale of any security, or endorsed or sponsored any company identified on the Capital Raising & Deal Origination Network. For that reason all users of the Capital Raising & Deal Origination Network agree to be responsible for their own due diligence and the legal and regulatory compliance of any transaction they enter into, and Capital Raising & Deal Origination Network makes no representation or assurance about such compliance. As a user of the Capital Raising & Deal Origination Network, you are required to provide true and accurate information about their businesses, and to update and maintain such information, but Capital Raising & Deal Origination Network cannot and does not confirm the accuracy of information provided. If Capital Raising & Deal Origination Network permits you to input information into the Capital Raising & Deal Origination Network, you may not input any information or content that:
- constitutes junk mail, spam, chain letters, pyramid schemes or the like;
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, is racially, ethnically or otherwise objectionable, or otherwise violates the legal rights of others;
- you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; or
- contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware, or telecommunications equipment.
Capital Raising & Deal Origination Network reserves the right to edit, restrict or remove any content you provide for any reason at any time. The information and materials made available through the Capital Raising & Deal Origination Network may contain typographical errors or inaccuracies. In addition, Capital Raising & Deal Origination Network does not control the information provided by other users that is made available through the Capital Raising & Deal Origination Network.
Capital Raising & Deal Origination Network reserves the right to refuse service, terminate relationships, and/or cancel orders in its discretion.
4. Intellectual Property; Copyright.
The contents of the Capital Raising & Deal Origination Network and any products or services provided or sold by Capital Raising & Deal Origination Network, including the Capital Raising & Deal Origination Network’s likeness, text, graphics, logos, button icons, images, audio and video clips (if any) and software, as well as the compilation of businesses listed on the Capital Raising & Deal Origination Network, are the property of Capital Raising & Deal Origination Network or its content suppliers, and are subject to the copyright or other intellectual property rights of Capital Raising & Deal Origination Network and to the terms of licenses held by Capital Raising & Deal Origination Network. Such intellectual property is protected by law. Any unauthorized reproduction, modification, distribution, transmission, republication, display or performance of the content and software on this Capital Raising & Deal Origination Network, or of any products or services sold by Capital Raising & Deal Origination Network, is strictly prohibited. You may copy information from the Capital Raising & Deal Origination Network only as may be strictly necessary for your own use to view, save, print, or transmit it. Otherwise, no portion of the Capital Raising & Deal Origination Network may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Capital Raising & Deal Origination Network. The commercial use or public dissemination of any information and data gathered from Capital Raising & Deal Origination Network is strictly prohibited, unless specifically authorized in writing. Any violation of the foregoing clause may subject you to compensatory and punitive damages, and shall specifically also entitle Capital Raising & Deal Origination Network to equitable relief, in addition to any other available remedies. By submitting information or other material to us, you grant Capital Raising & Deal Origination Network a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right to use, reproduce, modify, adapt, publish, create derivative works, and distribute such materials or portions of such materials, in any form or medium known or later developed, in furtherance of the terms of the ToS and the actions and transactions contemplated hereby.You agree that you will not and will not allow others to decompile, disassemble, reverse engineer, copy, use, merge, disclose, sell or transfer the underlying source code or structure or sequence of Capital Raising & Deal Origination Network’s technology or delete or alter author attributes or copyright notices. You shall use the Capital Raising & Deal Origination Network solely for your own use and shall not allow others to use the Capital Raising & Deal Origination Network under or through your account. Nothing on the Capital Raising & Deal Origination Network or elsewhere should be construed to grant any license or right to use, implied or otherwise, any mark displayed on the Capital Raising & Deal Origination Network without the written permission of Capital Raising & Deal Origination Network or the third party owner of the mark. Capital Raising & Deal Origination Network reserves the right, in its sole discretion, to remove any material that infringes or appears to infringe on intellectual property rights owned by others
5. Email Notification.
Capital Raising & Deal Origination Network uses email to communicate with users. You hereby authorize and agree that Capital Raising & Deal Origination Network may communicate with you via email and you consent to receiving any notice required under the ToS or any other agreement with Capital Raising & Deal Origination Network via email. Capital Raising & Deal Origination Network will use reasonable efforts to honor any request you may have to opt out from receiving emails, but under no circumstance will Capital Raising & Deal Origination Network have any liability for sending any email to you or to any of its customers.
6. Hyperlink Policy.
The Capital Raising & Deal Origination Network may contain links to third party websites. Any such link is provided only as a convenience. The inclusion of any link does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Capital Raising & Deal Origination Network of any information contained in any third party website. In no event shall Capital Raising & Deal Origination Network be responsible for the information contained on that website or your use of or inability to use such website. You should also be aware that the terms and conditions of such website and the website’s privacy policy may be different from those applicable to your use of the Capital Raising & Deal Origination Network web-based platform.
7. Third Party Consent.
Certain portions of the Capital Raising & Deal Origination Network , including, without limitation, information on certain private companies, may contain unedited or third party content. All postings, messages, text, images, links to third-party websites or other materials published or otherwise made available through this section (the “Content”) are the sole responsibility of the person(s) who originated such Content and Capital Raising & Deal Origination Network may not monitor, does not control and does not investigate or validate such Content; provided that Capital Raising & Deal Origination Network reserves the right at all times (but will not have an obligation) to remove any Content. By using this Content, you agree to not rely on the Content and understand that you may be exposed to Content that is, without limitation, inaccurate, inappropriate, misleading, unlawful, offensive or otherwise objectionable, and that Capital Raising & Deal Origination Network makes no representations or warranties regarding the Content and is not responsible or liable in any manner for the Content or the conduct, whether online or offline, of any user. The Content does not constitute legal or financial advice and must not be used in the place of legal counsel or financial due diligence. You should independently evaluate and verify all Content.
8. No Warranty; Limitation of Liability.
Any material downloaded, accessed or otherwise obtained through the Capital Raising & Deal Origination Network is obtained at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results therefrom. Capital Raising & Deal Origination Network AND ALL OF ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE Capital Raising & Deal Origination Network, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE Capital Raising & Deal Origination Network AND ALL COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE Capital Raising & Deal Origination Network IS AT YOUR OWN RISK. Capital Raising & Deal Origination Network makes no guarantees or warranties of any kind as to the adequacy, completeness, sufficiency, timeliness or accuracy of any material available in or through the Capital Raising & Deal Origination Network. You hereby agree that any monetary claims of any kind assessed against Capital Raising & Deal Origination Network arising out of or relating to the use of the Capital Raising & Deal Origination Network shall not exceed the total amount you (or any other user) paid to Capital Raising & Deal Origination Network for the platform during the previous twelve (12) months. In no event shall Capital Raising & Deal Origination Network be liable to you, or to any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Capital Raising & Deal Origination Network or the ToS, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Capital Raising & Deal Origination Network cannot and does not guarantee continuous, uninterrupted or secure access to the Capital Raising & Deal Origination Network .
9. Indemnity.
You agree to indemnify and hold Capital Raising & Deal Origination Network and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Capital Raising & Deal Origination Network, breach of the ToS or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandate, or the rights of a third party.
10. Marketing of Names.
When you announce closed transactions via your website or press release or other broad disclosure methods, Capital Raising & Deal Origination Network may disseminate its own release to its constituents indicating the use of the Capital Raising & Deal Origination Network in association with said transaction. Capital Raising & Deal Origination Network may add your entity’s name to Capital Raising & Deal Origination Network ’s Member roster, which is professionally presented from time to time on its website and in marketing materials.
11. Miscellaneous.
The ToS sets forth the entire understanding and agreement between the parties with respect to the subject matter herein (excluding the terms and conditions of any client agreement you may have entered into separately with Capital Raising & Deal Origination Network). You may not assign the ToS, or assign, transfer or sublicense your rights, if any, in the Capital Raising & Deal Origination Network. A failure to act with respect to a breach by you or others does not waive Capital Raising & Deal Origination Network’s right to act with respect to subsequent or similar breaches. In the event that any provision or any portion of any provision of the ToS shall be held to be void or unenforceable, the remaining provisions of the ToS (and the balance of any provisions held void or unenforceable in part only) shall continue in full force and effect. If you do not agree with any part of these terms and conditions, or you have a dispute or claim against Capital Raising & Deal Origination Network or its supplier or affiliates with respect to the ToS you should immediately refrain from using the Capital Raising & Deal Origination Network.