By accessing or using the Site, you represent that you are at least 18 years old and that you are legally able to enter into this Agreement. The Site is only intended for use in the United States of America. Any access of the Site by anyone under 18 or outside of the United States of America is unauthorized, unlicensed, and in violation of the TOU.
Status Of Crowdfunding.
You acknowledge and agree that most forms of crowdfunding are currently illegal. We are not currently engaged in crowdfunding and do not intend to do so until it is legal. We are not advising or encouraging you to crowdfund unless and until it becomes legal.
Your Use Of The Site And Material.
The Site and the information provided on and through the Site (the "Material") are protected by applicable copyright, trademark, and other intellectual property and proprietary rights. We grant you a LIMITED, REVOCABLE, NONEXCLUSIVE, AND NONASSIGNABLE license to access the Site in accordance with these TOU. You grant us a perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use any content that you post on or in connection with the Site. Because of regulatory and transparency concerns, we may not allow you to delete any content that you post on or in connection with the Site.
To take advantage of our full site, you must register for an EquityShack user account. You agree to the following in connection with the creation of your account: You will not provide any false information to us or create an account for anyone other than yourself without the person's permission. You agree not to create more than one account for yourself, although you may create more than one business profile and connect them to your account. If we delete your account, you must get our permission before you will create another account. Securing your account is your own responsibility. You agree not to share your password with anyone or allow any other person to access your account.
Compliance With Laws.
You agree that, when accessing or using the Site, you will at all times comply with all applicable laws, including but not limited to all intellectual property laws. You also agree that, when accessing or using the Site, you will respect the intellectual property rights of others. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Material in violation of our or any third party's copyrights, trademarks, or other intellectual property or proprietary rights.
We impose certain restrictions on your permissible use of the Site and the Material. As a condition to access the Site, you agree that you will neither attempt to nor actually do any of the following:
- Make any derivate work from any portion of the Site or the Material or include any of the same in any compilation;
- Remove or alter any copyright or other proprietary notice;
- Decompile, reverse-engineer, disassemble, or otherwise convert the Site to any human-perceivable form;
- Access content or data not intended for you, or log onto a server or account that you are not authorized to access;
- Probe, scan, or test the vulnerability of the Site or any associated system or network, or breach security or authentication measures;
- Interfere with the use of the Site by others, including without limitation by means of submitting a virus to the Site or overloading, flooding, spamming, mail bombing, or crashing;
- Give us any false or misleading information or upload any of the same onto the Site.
Copyright Policy And Complaints.
We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. Our policy is to investigate any allegations of copyright infringement brought to our attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the Material in question, you must provide us with all of the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringed 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 us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and e-mail address;
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
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.
For this notification to be effective, you must provide it to the Company's designated agent at:
Raleigh, North Carolina 27609
Content Of Material; Disclaimer Of Warranty.
EquityShack is not responsible for any incorrect or inaccurate Material published on the Site or in connection with the services, including Material published by users of the Site or the services. Equity Shack is not responsible for the conduct, whether online or offline, of any user of the Site. The Site and the services may be temporarily unavailable from time to time for maintenance or other reasons. EquityShack 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, the Site or the services. EquityShack is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the internet or at any web site, including injury or damage to any person's computer related to or resulting from participating or downloading materials in connection with the Site or the services. Under no circumstances will EquityShack be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the services, the Site or any Material.
The Site and the Material (including without limitation any information, documents, forms, resources, or referrals contained thereon or therein) are provided "AS IS" and WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM THE USE OF THE SITE OR THE MATERIAL. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND THE MATERIAL, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE AND/OR THE SERVICES. We do not warrant that the Site or the Material will meet your requirements, and we explicitly advise you that all or part of the Material may be inapplicable to or inappropriate for your particular circumstances. Therefore, you should consult with an appropriate legal, accounting, or other professional prior to your use of or reliance of any of the Material. We are under no obligation to and do not undertake to update or verify the completeness or correctness of any Material, except for certain legally mandated background checks as described here.
No Professional Advice.
While some of the Material on the Site may relate to legal, tax, investment, or accounting matters, neither we nor any of the professionals providing Material on the Site are providing professional advice to you, and you acknowledge that there is no professional relationship (including without limitation any attorney-client relationship) between you and any of the same, unless you and such party specifically agree otherwise. We are not a licensed broker-dealer and do not offer investment advice. If we feature businesses and/or founders on our Site, we are not implying that we endorse them or that we are representing anything about the quality of any potential investment in such companies.
OUR LIABILITY TO YOU IS LIMITED. To the maximum extent permitted by law, in no event shall WE or any of OUR affiliates, members, officers, directors, employees, consultants, agents, or representatives be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the Site or any of the material. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
You agree that, if for any reason a court of competent jurisdiction or an arbitrator finds this Section to be unenforceable, neither we nor any of our affiliates, members, officers, directors, employees, consultants, agents, or representatives shall be liable for any damages in excess of one hundred dollars ($100), or the smallest amount possible under applicable law.
Third Party Websites And Services.
We include links to third party websites, including without limitation those of advertisers or sponsors. We do not endorse or screen, have no control over, and have no liability for, any third party websites or materials. We make no guarantees about the accuracy, currency, content, or quality of the information provided by such websites. We assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those websites. You are solely responsible for investigating any third party websites and any applicable terms and conditions for the use thereof and deciding whether you wish to access such websites and/or use any services offered thereon.
We may provide links to or advertise third-party service providers ("Providers") whom you may engage to provide you with services. You acknowledge and agree that we do not operate any Provider's business, nor do we control any Provider or have any involvement in their provision of services, nor are we a party to any agreement between you and any Provider. Each Provider is responsible for the provision of services it offers. You agree that if you contact any Provider and/or engage any Provider's services, you do so at your own risk and without any warranty, express or implied, by us regarding the Provider or its services, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Under no circumstances will we be liable for any damages arising from your interactions with any Provider.
You agree to indemnify us for certain of your actions and omissions. You agree to indemnify, defend, and hold harmless us, our affiliates, members, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liabilities, damages, and/or costs (including reasonable attorneys' fees and costs) arising from your access to or use of the Site or the Material, your violation of the TOU or of any representation or warranty herein, or the violation of any law (including but not limited to any intellectual property infringement) by you.
Governing Law; Arbitration.
The TOU shall be governed by and construed in accordance with the laws of the State of North Carolina, U.S.A., without reference to conflicts of laws provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Any dispute or claim arising out of, or in connection with, the TOU shall be finally settled by binding arbitration in Raleigh, North Carolina, in accordance with N.C. Gen. Stat. § 1-567.1 et seq. (the "Uniform Arbitration Act") and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of North Carolina, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys' fees. In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to the TOU shall be brought and heard either in the North Carolina state courts located in Wake County, North Carolina, or the federal district court for the Eastern District of North Carolina located in Raleigh, North Carolina. In such event, you consent to the in personam jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telegram, by telefacsimile or by first class mail, and shall be deemed effectively given upon receipt.
If, for whatever reason, an arbitrator or a court of competent jurisdiction finds any term or condition in the TOU to be unenforceable, then the unenforceable term or condition shall be modified to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision, and all other terms and conditions shall remain unaffected and in full force and effect.
No waiver of any breach of any provision of the TOU shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
We reserve the right to amend, modify, supplement, or replace the TOU, in whole or in part, effective immediately upon posting the same on the Site. If at any time you find the TOU unacceptable, you must immediately cease using the Site and the Material.
In no event shall you seek or be entitled to any injunctive or other equitable relief, or to restrain or enjoin the operation of the Site or the use of any Material.
No Unauthorized Foreign Use.
The Site is controlled and operated by EquityShack, Inc. from its offices in the State of North Carolina. Your use of or access to the Site or Material should not be construed as EquityShack's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than North Carolina.